war&peace
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My simpleton bro...what did you expect from an Indian...to call a Kashmiri Mujahid a freedom fighter?
Burhan Wani’s killing ‘deplorable’, violates Kashmiris’ rights: Pakistan
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Nigel Farrage
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DRACONIAN LAWS
Enforced in Indian Occupied Kashmir
JAMMU & KASHMIR PUBLIC SAFETY ACT, 1978
The Act promulgated in 1978 (amended in 1987 and 1990) empowers the State government to detain a person without trial for two years under the pretext of maintenance of public order. The Act fell short of the recognized norms of justice, such as equality before law, the right of the accused of appearance before a Magistrate within 24 hours of arrest, fair trial in public, access to counsel, cross examination of the witnesses, appeal against conviction, protection from being tried under retrospective application of law, etc. Even the provisions of the Act, though already unsatisfactory, have been consistently violated. The detainees are not informed of the reasons of their arrest and they are kept in custody for a much longer period of time than stipulated in the Act. They are not allowed to meet their relatives and counsels. The amendment of 1990 extended its operation beyond the State, enabling the State machinery to keep the detainees in the jails of India, outside the State. Under Section 22 of the Act, any legal proceeding against officials for acts “done in good faith” are also disallowed.
The law has been widely used against the innocent Kashmiris as well as political opponents. Thousands of people have over the years been detained under the Act.
JAMMU & KASHMIR DISTURBED AREAS ACT, 1990
Under the Act, the whole or part of the State can be declared disturbed area by the Central Government or the Governor. The whole valley of Kashmir and two Districts of Jammu have since been declared disturbed areas. An official of the level of Head Constable is allowed to use force or shoot (and kill) under the pretext of maintaining the public order. The Act gives the police extraordinary powers of arrest and detention. It provided a cover to the state machinery for indiscriminate and unprovoked firing at peaceful and unarmed demonstrations, extra judicial killings and destroying the property of Kashmiris on suspicion. Moreover, Section 6 gives legal immunity to persons acting under this Act; no suit or prosecution can be instituted, except with the previous sanction of the government against any person in respect of anything done or purported to be done in exercise of the powers conferred by the Act.
TERRORIST AND DISRUPTIVE ACTIVITIES ACT (TADA) 1990
The Act enforced in 1985 (amended in 1987) gives security forces and armed forces special powers for use of force, especially the amendment of 1987 made it tougher. It was widely used for unauthorized administrative detention without formal charges or trial for upto one year. Under the Act, involvement in, or preparation for, disruptive activities attracts sever punishment upto life imprisonment. Arrests can be made even on suspicion of committing “disruptive activities”, broadly defined as “any action taken, whether by act by speech or through any other media ….. which questions, disrupts or is intended to disrupt, whether directly or indirectly, the sovereignty and territorial integrity of India, or which is intended to bring about or support any claim…… for the cession of any part of India from the Union……”
Since the law gives special powers to the security forces in the use of force, arrest and detention, it was extensively used in the occupied Kashmir. Even after lapse of the Act in 1995, the cases are filed under this Act, which provides that it may be applied to preceding trials in various courts and to persons, who may be tried in connection with the offences alleged to have been committed prior to 1995. The regime of the occupied Kashmir acknowledged that it held 772 persons under the TADA. Still many more are in Indian jails, outside the State.
This law also fails to meet the international standard of fundamental principles of justice, which requires that the detainees should have a fair and prompt trial and they should be informed of the reasons of arrest. The defence counsel is not permitted to see witnesses for the prosecution, who are kept behind screen while testifying in court. Besides, confessions extracted under duress are permitted as evidence.
THE ARMED FORCES (JAMMU & KASHMIR) SPECIAL POWERS ACT, 1990
The Armed Forces (Jammu & Kashmir) Special Powers Ordinance, introduced in July, 1990, was later enacted by the Parliament of India and enforced on 10th September, 1990. When certain areas are declared to be “disturbed”, the army and paramilitary forces are granted sweeping powers under Section 4 (C) of this Act.
The armed forces can be used in aid of civil authorities and even a non commissioned officer can search any place, stop/seize any vehicle, fire at any person (and kill), or arrest him even on the basis of suspicion with no obligation to inform him of the grounds thereof. It gives the Indian security forces sweeping powers that facilitate arbitrary arrests and detention and extra judicial executions as well as destruction of property.
The provisions of the black law are further violated in the occupied Kashmir by the security forces. Under the law, an arrested person is to be handed over to the nearest police station. But it is seldom done. Besides, the armed forces personnel are supposed to act as and when requested by the civilian authorities. In other words, the former should work under the direction of the latter. However, factually the security forces are inflicting atrocities on the Kashmiris without informing the civil administration. The State government has proved ineffective in controlling the Indian security forces, who have unleashed a reign of terror in occupied territory. The Act legitimizes barbarism in the State, as under Section 7, the security forces are given an immunity from prosecution for any act committed by them.
PREVENTION OF TERRORISM ACT (POTA), 2002
The Prevention of Terrorism Ordinance (POTA), promulgated on 25th October, 2001 was initially rejected by the Upper House, when presented for enactment. However, it was passed at the joint session of the Indian Parliament on March 26, 2002. Though the law was for the whole country, its main focus was occupied Kashmir.
POTA equipped the Indian forces with extra ordinary powers. Under the law, any act committed with a lethal weapon was termed terrorist act. The offences included even inviting support for an alleged “terrorist organisation”, addressing a gathering of sympathizers (of a terrorist organisation) and arranging, helping or assisting to arrange a meeting in which support for any “terrorist organisation” or its activities is expressed. The properties of the alleged terrorists, terrorist organisations and their sympathies would be seized. The suspects could be detained for 3 months without framing charges against them and for another 3 months, if allowed by a special Judge.
The Government officials admitted that excesses had regularly been committed. A long list of illegal arrests and unlawful killings has been documented by the human rights organisations. This black law was used mainly in occupied Kashmir. Ninety Nine point nine percent arrested under this Act were Muslims. Owing to strong protests and denunciation from the world leaders and organisations, the Act has now been withdrawn.
UNLAWFUL ACTIVITIES (PREVENTION) AMENDMENT ORDINANCE 2004
The Ordinance was passed by the Indian President in 2004 and was implemented forthwith. It has since been promulgated as Act. It again provides extraordinary powers to armed forces and other law enforcement agencies, similar to those previously provided by the POTA.
In addition to the above-mentioned measures, the laws and ordinances regarding other disturbed parts of India can also be applied in occupied Kashmir.
THE NATIONAL SECURITY ACT (NSA)
> Under the NSA, a person can be detained without charge or trial for upto one year to prevent him from acting in a manner prejudicial to state security, the maintenance of public order or relations with a foreign power.
OFFICIAL SECRETS ACT (OSA)
Under the Official Secrets Act (OSA), the Government may restrict publication of sensitive stories. But the Government interprets this broadly to suppress criticism of its policies.
NEWSPAPERS INCITEMENTS TO OFFENCES ACT
The Newspapers Incitements to Offences Act, 1971 remains in effect in Jammu and Kashmir. Under the Act, a District Magistrate may prohibit the publishing of material resulting in “incitement to murder” or “any act of violence”.
CRIMINAL PROCEDURE CODE
The Criminal Procedure Code provides for an open trial in most cases, but it allows exceptions in proceedings involving official secret trials in which statements prejudicial to the safety of the State might be made, or under provisions of special security legislation. The authorities enjoy special powers to search and arrest without a warrant. If required, the public assemblies can be banned and a curfew can also be imposed.
INDIAN TELEGRAPH ACT
The Indian Telegraph Act authorizes the surveillance of communications, including monitoring telephone conversations and intercepting personal mail, in case of public emergency or “in the interest of the public safety or tranquility”.
Besides the afore mentioned draconian laws, the following are also in force:-
Enemy Agent Ordinance 1948
The Egress and Internal Movement (Control) Ordinance, 1948
Prevention of Unlawful Activities, 1963
Prevention of Subversion and Sabotage Act, 1965
Enforced in Indian Occupied Kashmir
JAMMU & KASHMIR PUBLIC SAFETY ACT, 1978
The Act promulgated in 1978 (amended in 1987 and 1990) empowers the State government to detain a person without trial for two years under the pretext of maintenance of public order. The Act fell short of the recognized norms of justice, such as equality before law, the right of the accused of appearance before a Magistrate within 24 hours of arrest, fair trial in public, access to counsel, cross examination of the witnesses, appeal against conviction, protection from being tried under retrospective application of law, etc. Even the provisions of the Act, though already unsatisfactory, have been consistently violated. The detainees are not informed of the reasons of their arrest and they are kept in custody for a much longer period of time than stipulated in the Act. They are not allowed to meet their relatives and counsels. The amendment of 1990 extended its operation beyond the State, enabling the State machinery to keep the detainees in the jails of India, outside the State. Under Section 22 of the Act, any legal proceeding against officials for acts “done in good faith” are also disallowed.
The law has been widely used against the innocent Kashmiris as well as political opponents. Thousands of people have over the years been detained under the Act.
JAMMU & KASHMIR DISTURBED AREAS ACT, 1990
Under the Act, the whole or part of the State can be declared disturbed area by the Central Government or the Governor. The whole valley of Kashmir and two Districts of Jammu have since been declared disturbed areas. An official of the level of Head Constable is allowed to use force or shoot (and kill) under the pretext of maintaining the public order. The Act gives the police extraordinary powers of arrest and detention. It provided a cover to the state machinery for indiscriminate and unprovoked firing at peaceful and unarmed demonstrations, extra judicial killings and destroying the property of Kashmiris on suspicion. Moreover, Section 6 gives legal immunity to persons acting under this Act; no suit or prosecution can be instituted, except with the previous sanction of the government against any person in respect of anything done or purported to be done in exercise of the powers conferred by the Act.
TERRORIST AND DISRUPTIVE ACTIVITIES ACT (TADA) 1990
The Act enforced in 1985 (amended in 1987) gives security forces and armed forces special powers for use of force, especially the amendment of 1987 made it tougher. It was widely used for unauthorized administrative detention without formal charges or trial for upto one year. Under the Act, involvement in, or preparation for, disruptive activities attracts sever punishment upto life imprisonment. Arrests can be made even on suspicion of committing “disruptive activities”, broadly defined as “any action taken, whether by act by speech or through any other media ….. which questions, disrupts or is intended to disrupt, whether directly or indirectly, the sovereignty and territorial integrity of India, or which is intended to bring about or support any claim…… for the cession of any part of India from the Union……”
Since the law gives special powers to the security forces in the use of force, arrest and detention, it was extensively used in the occupied Kashmir. Even after lapse of the Act in 1995, the cases are filed under this Act, which provides that it may be applied to preceding trials in various courts and to persons, who may be tried in connection with the offences alleged to have been committed prior to 1995. The regime of the occupied Kashmir acknowledged that it held 772 persons under the TADA. Still many more are in Indian jails, outside the State.
This law also fails to meet the international standard of fundamental principles of justice, which requires that the detainees should have a fair and prompt trial and they should be informed of the reasons of arrest. The defence counsel is not permitted to see witnesses for the prosecution, who are kept behind screen while testifying in court. Besides, confessions extracted under duress are permitted as evidence.
THE ARMED FORCES (JAMMU & KASHMIR) SPECIAL POWERS ACT, 1990
The Armed Forces (Jammu & Kashmir) Special Powers Ordinance, introduced in July, 1990, was later enacted by the Parliament of India and enforced on 10th September, 1990. When certain areas are declared to be “disturbed”, the army and paramilitary forces are granted sweeping powers under Section 4 (C) of this Act.
The armed forces can be used in aid of civil authorities and even a non commissioned officer can search any place, stop/seize any vehicle, fire at any person (and kill), or arrest him even on the basis of suspicion with no obligation to inform him of the grounds thereof. It gives the Indian security forces sweeping powers that facilitate arbitrary arrests and detention and extra judicial executions as well as destruction of property.
The provisions of the black law are further violated in the occupied Kashmir by the security forces. Under the law, an arrested person is to be handed over to the nearest police station. But it is seldom done. Besides, the armed forces personnel are supposed to act as and when requested by the civilian authorities. In other words, the former should work under the direction of the latter. However, factually the security forces are inflicting atrocities on the Kashmiris without informing the civil administration. The State government has proved ineffective in controlling the Indian security forces, who have unleashed a reign of terror in occupied territory. The Act legitimizes barbarism in the State, as under Section 7, the security forces are given an immunity from prosecution for any act committed by them.
PREVENTION OF TERRORISM ACT (POTA), 2002
The Prevention of Terrorism Ordinance (POTA), promulgated on 25th October, 2001 was initially rejected by the Upper House, when presented for enactment. However, it was passed at the joint session of the Indian Parliament on March 26, 2002. Though the law was for the whole country, its main focus was occupied Kashmir.
POTA equipped the Indian forces with extra ordinary powers. Under the law, any act committed with a lethal weapon was termed terrorist act. The offences included even inviting support for an alleged “terrorist organisation”, addressing a gathering of sympathizers (of a terrorist organisation) and arranging, helping or assisting to arrange a meeting in which support for any “terrorist organisation” or its activities is expressed. The properties of the alleged terrorists, terrorist organisations and their sympathies would be seized. The suspects could be detained for 3 months without framing charges against them and for another 3 months, if allowed by a special Judge.
The Government officials admitted that excesses had regularly been committed. A long list of illegal arrests and unlawful killings has been documented by the human rights organisations. This black law was used mainly in occupied Kashmir. Ninety Nine point nine percent arrested under this Act were Muslims. Owing to strong protests and denunciation from the world leaders and organisations, the Act has now been withdrawn.
UNLAWFUL ACTIVITIES (PREVENTION) AMENDMENT ORDINANCE 2004
The Ordinance was passed by the Indian President in 2004 and was implemented forthwith. It has since been promulgated as Act. It again provides extraordinary powers to armed forces and other law enforcement agencies, similar to those previously provided by the POTA.
In addition to the above-mentioned measures, the laws and ordinances regarding other disturbed parts of India can also be applied in occupied Kashmir.
THE NATIONAL SECURITY ACT (NSA)
> Under the NSA, a person can be detained without charge or trial for upto one year to prevent him from acting in a manner prejudicial to state security, the maintenance of public order or relations with a foreign power.
OFFICIAL SECRETS ACT (OSA)
Under the Official Secrets Act (OSA), the Government may restrict publication of sensitive stories. But the Government interprets this broadly to suppress criticism of its policies.
NEWSPAPERS INCITEMENTS TO OFFENCES ACT
The Newspapers Incitements to Offences Act, 1971 remains in effect in Jammu and Kashmir. Under the Act, a District Magistrate may prohibit the publishing of material resulting in “incitement to murder” or “any act of violence”.
CRIMINAL PROCEDURE CODE
The Criminal Procedure Code provides for an open trial in most cases, but it allows exceptions in proceedings involving official secret trials in which statements prejudicial to the safety of the State might be made, or under provisions of special security legislation. The authorities enjoy special powers to search and arrest without a warrant. If required, the public assemblies can be banned and a curfew can also be imposed.
INDIAN TELEGRAPH ACT
The Indian Telegraph Act authorizes the surveillance of communications, including monitoring telephone conversations and intercepting personal mail, in case of public emergency or “in the interest of the public safety or tranquility”.
Besides the afore mentioned draconian laws, the following are also in force:-
Enemy Agent Ordinance 1948
The Egress and Internal Movement (Control) Ordinance, 1948
Prevention of Unlawful Activities, 1963
Prevention of Subversion and Sabotage Act, 1965
danger007
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HM designated terrorist organisation originated from Pak.. have 30k recruits, it is expected your sympathy for them....
boxer_B
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How pandits were displaced in the first place ?
The fact is pandits were in minority and these wahabis terrorized them with guns to leave Kashmir. Charity begins at home, "Hating the religion".
A flat in Gurgoan on 20th floor costs around INR 2 crores. Indians can buy entire street in Kashmir if Article 370 is not in effect. Kashmir is living under the tyranny of INR 80,000 crore / USD 10 billion package.
These ungrateful Wahabis haven't even spared Prophet Mohamed tomb in Medina, expecting nationalism from these Arabs is far fetched.
These Wahabis don't want to live with Kafir nation? Fine. Get any Arab citizenship and marry their daughters. Oh wait....they can't. They aren't Muslims enough.
One word to describe them. Identity crisis
.
Great, preach this to Chinese first. Higher than mountains, deeper than ocean, sweeter than honey and what not.
And partition was mutually agreed upon.
Only difference is that Indians were and are native to the land.
These Wahabis are best considered as tenants. They are leftover from previous occupier.
Only difference is that like Bangladeshis, Kashmiris are not storming Pakistani border in hordes of millions.
Indians, apart from enmity with Pakistan, were also worried by refugee crisis.
Areesh
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Kashmiris don't care about what you say about him. But thanks anyways for your opinion.
We are supporting China in way that we want countries of Asean to resolve it among themselves and want outsiders like India and USA to interfere. So just like Kashmir our position on South China sea is based on principles even though both are different situation and you have brought it to defend your weak position as an occupier and oppressor.
And we are not using any 1400 old book to rule the world. We believe in 1400 year old book as a muslim and try to follow it. You can believe in whatever book you want to. It has nothing do with Kashmir issue.
Have read all these already. It is also quoting Indian media and same incident. Even Pakistani envoy called it an "inadvertent omission" since UN itself never said clearly that Kashmir is not in list of undisputed territories. We raised Kashmir issue dozens of times after this and UN never once said it is no more an undisputed territory. After all it was a falsely propagated lie by Indian media and was an inadvertent omission.
So that's why I asked you to bring a proof from UN itself that Kashmir is not a disputed territory. You failed till now. And won't succeed in future either since there is no proof from UN website or any UN document that says Kashmir is not a disputed territory.
Pandits were kicked out by Kashmir's governor who was appointed by New Delhi itself. The pandits don't want to go back and neither Indian government would send them back to Kashmir. This whole community would be used by India as an excuse to defend its uoccupation. They are no better than pawns for India right now. However there are a few Kashmiri pandits who refuse to be used as a sorry excuse for a brutal occupation. There are a few who stand beside Kashmiris and their freedom movement like this one.
As for article 370 it would stay. That is the only weak link that exists between Kashmir and India. You remove it, you give independence to Kashmir yourself. And you can bash Wahabis as much you want to. No Kashmiri and cares about your Wahabi bashing while Modi takes awards from same Wahabis in Saudi Arabia.
As for what China is doing is not our problem. We have no dispute with them. Our dispute is with you who are occupying Kashmir against will of its population.
Hephaestus
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Oh! Get of your high horse. What about your principles in Balochistan? You are perceived as an occupier there. So, what are you gonna do? Up & Leave.
Nothing I repeat nothing you or the so called Kashmiri separatists or the entire world can do to alter the situation. Kashmir is, has been & will be ours till eternity.
You have fought 3 wars over it. What did u achieve?
unbiasedopinion
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Isn't forceful conversion is negated in that book? Any conversion based on sword does not make one a true muslim....is that correct?
Areesh
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Baluchistan is not a disputed territory. No matter how hard India would try, you can't change that. And people of Baluchistan are with Pakistan. We don't need to worry about anything and obviously there is no question of leaving anything.
As for Kashmir. The population is against India. They hate you and they are the ones fighting against you. A country that was colony itself just 7 decades ago shouldn't talk big like it would be with us till eternity. 35% is already free anyways. So it is a just a matter of time for you and Kashmiris. You can't avoid the inevitable.
And we fought 3 wars. And at least 35% of "atoot ang" is free today.
Religious debate. Not related with Kashmir issue.
PS: Kashmiris are proud muslims today and I don't see anyone forcing them on anything except India that is killing them.
Hephaestus
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Baluchistan is not a disputed territory. No matter how hard India would try, you can't change that. And people of Baluchistan are with Pakistan. We don't need to worry about anything and obviously there is no question of leaving anything.
As for Kashmir. The population is against India. They hate you and they are the ones fighting against you. A country that was colony itself just 7 decades ago shouldn't talk big like it would be with us till eternity. 35% is already free anyways. So it is a just a matter of time for you and Kashmiris. You can't avoid the inevitable.
And we fought 3 wars. And at least 35% of "atoot ang" is free today.
You were part of that colony too. Hell most of the world was. You didn't get Pakistan by winning a war. I personally don't believe in this akhand bharat bull-crap and i'm not encumbered by history who thinks Pakistan breakaway was necessarily a bad thing .
My point this is the 21st century no one can take Kashmir or any part by force. Come hell or high seas India isn't going to give away Kashmir.
Our foreign policy is better & more proactive. So, what you got ?
As far as the population being against India. They'll get around by-and-by. They were the ones who started the ethnic-cleansing (Pundits). Now, until they mellow down and live as per the law of the land. Shyte like this will happen. Wani's will be killed over & over again.
unbiasedopinion
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So called fight for Kashmir itself is based on religion. isnt it?Religious debate. Not related with Kashmir issue.
PS: Kashmiris are proud muslims today and I don't see anyone forcing them on anything except India that is killing them.
boxer_B
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Ofcourse, China is your friend. Morals and standings be damned. Spoken like a true businessman.
We also employ thousands of Kashmiri Muslims in security forces who is front line against Wanis and rioters, PDFians erroneously refer to them here as "zulm" committed by kafir Hindu Army.
BTW, speaking of Kashmiri Pandit, how do you forgot name of popular one whose name you harp day in and day out
And when did Tibet and Xinjing became independent after Han Chinese made them minority in their own land?
Wahabi Arabs, the real one, are top of the food chain. We are concerned here about their cannon fodders, one who wants to look more Arab and Muslims than Arabs themselves.
911
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Who are Aryans? Yes Mughals and other invaders did killed Indians abducted their wives, children, raped them and their offsprings after intermarrying with more locals are present in India and Pakistan both in the form of Muslims. I don't know what you call the children of those defeated, raped and converted with minute % of master genes and rest % of slave genes, master or slave?
GR!FF!N
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Even Pakistani envoy called it an "inadvertent omission" since UN itself never said clearly that Kashmir is not in list of undisputed territories. We raised Kashmir issue dozens of times after this and UN never once said it is no more an undisputed territory. After all it was a falsely propagated lie by Indian media and was an inadvertent omission.
So that's why I asked you to bring a proof from UN itself that Kashmir is not a disputed territory. You failed till now. And won't succeed in future either since there is no proof from UN website or any UN document that says Kashmir is not a disputed territory.
Can you proof after 2010,UN kept it as "Disputed Territory"???
911
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The fact that Pakistan gave away a part of Kashmir to China (which India still claims) shows how much they care about Kashmir. Its less about Kashmir and more about breaking India. Muslims are killing Muslims in Pakistan tells you that its definately not religion which makes a country progress.Ofcourse, China is your friend. Morals and standings be damned. Spoken like a true businessman.
We also employ thousands of Kashmiri Muslims in security forces who is front line against Wanis and rioters, PDFians erroneously refer to them here as "zulm" committed by kafir Hindu Army.
BTW, speaking of Kashmiri Pandit, how do you forgot name of popular one whose name you harp day in and day out
And when did Tibet and Xinjing became independent after Han Chinese made them minority in their own land?
Wahabi Arabs, the real one, are top of the food chain. We are concerned here about their cannon fodders, one who wants to look more Arab and Muslims than Arabs themselves.
Aryans are the first race that captured and enslaved your people it's good to study your history before you start bragging about your stance.
The invaders raped your women but honestly things haven't improved a bit because India is still the rape capital of the world.Why blame everything on invaders they did a lot of Good stuff too like the British abolished the sati system from your religion.
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