An independent fact-finding mission into the now military-ruled constitutionally autonomous Indian state of Jammu-Kashmir (commonly referred to simply as “Kashmir”) reports that “The whole of Kashmir is, at the moment, a prison, under military control.” That’s not on account of any rebellion which had occurred there (none did); it is instead simply because of an unprovoked blitz unconstitutional invasion, on August 5th, of virtually only Hindu Indian troops, into the now Hindu-totalitarian-run nation of India’s, only majority-Muslim state, so as to conquer that state totally, and thus to now turn India itself into an apartheid-supremacist regime, much like Israel is over Palestine. Kashmir has suddenly been turned into India’s own Palestine. That land was suddenly grabbed and turned into a huge prison for Muslims.
The longer any Constitution is, the more unmanageable and less just the country or other state tends to be, and India unfortunately has one of the world’s two longest Constitutions. Wikipedia says that “The Indian constitution is the world’s longest for a sovereign nation.[b] At its enactment, it had 395 articles in 22 parts and 8 schedules. At about 145,000 words, it is the second-longest active constitution – after the Constitution of Alabama [that’s the American state of Alabama] – in the world.”
When Narendra Modi suddenly announced on August 5th that the Constitutionally guaranteed autonomy of India’s only majority-Muslim state, Kashmir-Jammu, or “J&K,” is now past history, no longer in effect, the brilliant “Moon of Alabama” blogger immediately headlined — and explained why — “India Will Come To Regret Today’s Annexation Of Jammu And Kashmir”. He provided this historical background:
In July 1949, Sheikh Abdullah and three colleagues joined the Indian Constituent Assembly and negotiated the special status of J&K, leading to the adoption of Article 370. This article limited the Union’s legislative power over Kashmir to the three subjects in the Instrument of Accession. If the Union government wanted to extend other provisions of the Indian Constitution, it would have to issue a Presidential Order under Article 370. The state government would have to give prior concurrence to this order. Moreover, the constituent assembly of J&K would have to accept these provisions and incorporate them in the state’s constitution. Once Kashmir’s constitution was framed, there could be no further extension of the Union’s legislative power to the state. This secured J&K’s autonomy.
Incidentally, this was the reason for listing the provisions of Article 370 as “temporary” in the Indian Constitution: the final contours of the state’s constitutional relationship with the Union were to be determined by the constituent assembly of J&K.
Today Amit Shah, the leader of India’s Upper House, announced the unilateral revocation of Article 370 (and the related Article 35a).
Shah did this by calling Article 370 “temporary” and ignoring that that appellation (“temporary”) had referred only to its being temporary until J&K would officially concur in it, which J&K quickly did. Ever since then, it has been, and remains, permanent (according to the Supreme Court of India ruling on 16 December 2016, reaffirming that same Court’s earlier ruling, on 10 October 1968). Therefore, it is clear that only by means of amending India’s Constitution can J&K’s autonomy be undone.
That anonymous blogger (whom I consider to be one of the world’s greatest investigative journalists) then continued:
It is inevitable that the actions today will lead [to] a new insurgency in J&K and beyond. Even if Pakistan’s Prime Minister Imran Khan does not want to support a new guerilla army in J&K, the military and other nationalist Pakistanis will push to supply it with everything that is needed [in order to support such an army].
So: at least unless and until India’s Constitution is amended, Modi’s grab for Kashmir not only is unConstitutional, but if this military occupation continues, then it is likely to spark a war in Kashmir, which could quickly become a war between Hindu-majority India and Muslim-majority Pakistan, next door to India.
How likely is India’s Constitution to be amended so as to allow this military occupation to continue indefinitely?
Wikipedia says:The procedure [to amend] is detailed in Article 368. An amendment bill must be passed by each house of Parliament by a two-thirds majority of its total membership when at least two-thirds are present and vote. Certain amendments pertaining to the constitution’s federal nature must also be ratified by a majority of state legislatures.
Whether all of that can be done is highly questionable. So: not only is Modi’s action unConstitutional, but it could remain so — and produce a huge war.
No matter how bad India’s Constitution might be, Modi is far worse, because he is violating it by means of this brutal and entirely unjustifiable military crackdown.
On the same day as the crackdown, Indian Hindus in other parts of the country announced online that they now planned to relocate to Kashmir. The expectation is that the Muslims in Kashmir will be driven out and replaced by Hindus. This is widely believed to be the Indian Government’s plan, and the reason for this crackdown: an ethnic-cleansing of J&K for the benefit of India’s Hindus.
On August 10th, the New York Times detailed how horrific the crackdown is. Headlining “Inside Kashmir, Cut Off From the World: ‘A Living Hell’ of Anger and Fear”, they reported, from the city of Srinagar in Kashmir, that:
A sense of coiled menace hung over the locked-down city and the wider region on Saturday, a day after a huge protest erupted into clashes between Kashmiris and Indian security forces.
Shops were shut. A.T.M.s had run dry. Just about all lines to the outside world — internet, mobile phones, even landlines — remained severed, rendering millions of people incommunicado.
The New York Times gained one of the first inside views by a news organization of life under lockdown in Kashmir and found a population that felt besieged, confused, frightened and furious by the seismic events of this week. …
Tens of thousands of troops from the Indian Army, the Central Reserve Police Force (a paramilitary unit) and the Kashmiri State police have been deployed in just about every corner of the valley. In some villages, even remote ones, a soldier was posted outside the gate of each family’s home. …
Mr. Modi has said the new status will make Kashmir more peaceful and prosperous. In a televised speech on Thursday, which most Kashmiris could not watch because their television service had also been cut, he insisted that turning Kashmir into a federal territory would eliminate corruption, attract investment and move it “forward with new hopes.’’
Narendra Modi had risen to power in India by imposing a 3-day anti-Muslim “pogrom” or “ethnic cleansing” in the state of Gujarat, from 27 February through 1 March of 2002, during which, approximately 150,000 people were driven to refugee camps. So, there is clear reason for India’s 15% Muslim minority to fear the country’s 80% Hindu majority, who, in 2014, elected this bigot, Modi, to lead India. And, now since August 5th, that bigot has an iron grip on India’s only Muslim-majority state, J&K.
The pressure upon Pakistan’s leader, Imran Khan, to respond militarily, against the Modi-led bigots, can only rise, as long as Modi’s unConstitutional aggression, perhaps amounting to an even bigger ethnic cleansing, now against the residents in J&K, continues. A mass-exodus of Muslims from J&K is likely and expected, especially into adjoining Pakistan. As those refugees accumulate there, the pressure on Khan can only rise even further. Already on August 11th, Khan tweeted that “Attempt is to change demography of Kashmir through ethnic cleansing. Question is: Will the world watch & appease as they did Hitler at Munich?”
As of yet, there is no actual discussion in the now totalitarian Indian media, regarding a Constitutional Amendment, in order to legalize Modi’s August 5th action. His Government’s official position is:
Whatever its legal or historical status, the time has come to amend, if not end Article 370. We must not forget that the continuance of Article 370 is the biggest hurdle to a lasting solution to the Kashmir conundrum. As such, it is the other side of the Pulwama massacre. Strikes across the border are only one way to avenge or redress the latter. But the internal rectification required is the full and complete integration of Jammu and Kashmir with the rest of India. In order to accomplish this, Article 370 must go.
So, they aren’t actually saying that Article 370 “is gone,” but that it “must go.” They are, right at the start, setting up the possibility for an Amendment-resolution, by asserting that “the time has come to amend, if not end Article 370.” They are not actually saying Article 370 has ended. This lacuna is their existing policy’s escape-valve. The regime’s goal is to act as if Article 370 is already simply gone, until the public overwhelmingly assumes that it has somehow been Constitutionally removed — even though it hasn’t. The regime’s control over its press is sufficient to exclude, for now, any public debate about that central issue — it is a non-issue, currently. It is an issue that’s thus being held in abeyance.
But, also, the official position asserts that, come what may, Article 370, and 35A both must no longer continue in force; and specific condemnations of the Muslim faith and of Muslim traditions are prominent in this part of the Government’s official position, such as:
abrogation of laws like Article 370 and 35A will be opposed by vested interests. It has taken decades to rid the Muslim daughters of India of the evil and ignominy of tripletalaaq — a pernicious custom whereby a Muslim male could divorce his wife by a simple rendering of the word talaaq, three times, by any means. Here too, the Muslim clergy, all male dominated, termed such a judgement by the apex court as an assault on their faith, conveniently forgetting that Muslim countries such as Pakistan have already enacted such laws decades ago. It is, thus, time for India to move on and not be held hostage to blackmail and threats from religious power brokers.
So: the Hindu regime is now officially damning Islam, and calling Muslim clergy “religious power brokers.” This is blatantly in violation of India’s 471-page Constitution. Here is from the Constitution’s Table of Contents:
12. Definition …………………………………………………………………. 6
13. Laws inconsistent with or in derogation of the fundamental rights. … 6
Right to Equality
14. Equality before law ………………………………………………………………….. 6
15. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth … 7
Among the reasons for the Constitution’s extraordinary length are its many exceptions, such as, for example, Article 371A, which says that nothing in the Constitution “shall apply to the State of Nagaland unless the Legislative Assembly of Nagaland by a resolution so decides.”
However, what will happen if the Government’s promise that its August 5th action will bring ‘peace’ to Kashmir turns out to become too blatantly false in order for that lie to be able to be successfully continued? Perhaps the ‘news’-media will then receive changed instructions, so as to allow a public debate about whether, maybe, there ought to be a Parliamentary initiative to put forth such an Amendment to the Constitution, for consideration. And, if the Government by then has decided to cancel the August 5th action, that failed initiative would be the best possible excuse for doing this: the failure of the initiative to revise Article 370 would become the excuse for cancelling the August 5th action. And, then, the peace-negotiations, could begin, between the J&K state, and the Indian Government. Modi has not locked that exit-door from his policy; and, if he walks through it, he’ll be able to blame the legislature, for failing to remove Article 370.
Every dictatorship thrives on the continuing inability of the public to examine and analyze reality in the way that a scientist does in the practice of his/her particular profession; and that’s the reason why these intellectual skills, the most basic ones of all — thinking in the way that a scientist does — are not being taught in all of public education, but instead the popular myths are taught to children, and are being reinforced in India and other dictatorships. That makes the public controllable, by the dictators. And so it is, in India today.
As regards the Constitutionality of the measure that the Modi regime is applying so as to impose this theft of control over J&K from J&K’s majority-Muslim residents, that measure is Presidential Order C.O. 272, which was issued on August 5th. The chief blog of India’s Constitutional lawyers, “Indian Constitutional Law and Philosophy”, headlined on August 13th “Guest Post: Article 370: The Constitutional challenge”, and the author, “Nivedhitha K.”, opened that “The Presidential Order C.O. 272 … is the genesis of the subsequent events,” and closed that “the Presidential Order C.O. 272 and all the subsequent activities that have … genesis in the presidential order are unconstitutional.” The logical process between the opening and ending was flawless; and, so, there can be no honest legal question about the unConstitutionality of what Modi has been doing to J&K ever since August 5th — Modi’s traitorism to India’s Constitution, and thus to all Indians. The only real question is instead whether India’s ‘news’-media will start to publicize this important fact. Meanwhile, the Government races forward with its rape of India’s Constitution, in the hope that enough J&K Muslims will evacuate that land so as to enable Hindus ‘democratically’ to impose some sort of apartheid anti-Muslim regime there. It’s simply a race against time, all in clear violation of Indian law, to achieve Hindu control there. Modi seems to be as bold as Hitler was. Fascists everywhere are traitors to their country, and this is now being made manifestly clear in India. No nation where the Constitution is unenforced can be a democracy — not even if the Constitution itself might be thought, by some people, to be, itself, democratic.
‘Six weeks of Indian Disinformation in Kashmir Lockdown’
The Indian curfew in Srinagar, capital to Jammu and Kashmir territory climbs to six weeks. Not only are the roads concealed with military troops but the reality and misery of eight million people remains unexposed plus disinformed to the world. Despite of all international media spelling in unison the perturbed lifestyle of Kashmir, alas New Delhi’s state media still presents a rare tranquil plot of the region. Only state centric news is transmitted with favorable changes and molds. Kashmir crisis is not an Indian debut with disinformation operations instead the Modi dominion is today termed a pro in this regard. The ‘Bharatiya Janata Party (BJP) landslide’ in 2019 electoral is largely credited to his ‘bundle of lies’ which induced the Indian general public to vote on the ideological lines of Rashtriya Swayamsevak Sangh (RSS).As supported by the popular American magazine ‘The Atlantic’- many of India’s misinformation campaigns are developed and run by political parties. Another Washington based institute labels ‘What’s more alarming is that political parties, including Prime Minister Narendra Modi’s BJP, are behind most of these disinformation campaigns’. The critique and accounts of Pakistani leadership are pronounced as a tool of forged propagandaby Indian press -Zee TV and ‘The Economic Times’.
Repression of truth with oppression
Discrete vistas have appeared between the on aired news from international broadcasting and New Delhi. The normalcy and ease of restrictions has been claimed in Srinagar since August as mentioned by ‘The Economic Times’ – Restrictions eased in J-K; life returning to normal. whereas AI Jazeera – the leading Qatar pay television channel repetitively discusses the torment of stranded people in lockdown. Al Jazeera, identifies back to back ‘ average 20 protests each day’ which explicitly notifies that the curbing termed curfew is alive.
According to DW, a German news network the ‘truth cannot be verified’ as the security forces turn the camera away, ‘the right to speak freely will not simply be restored when the phones start ringing again’ as the newspaper editors in Srinagar complain being dictated what to write and what not to. Under the fascist policies of Narender Modi people are detained from speaking actual situation on media and are facing harassment from Indian troops resting all over the roads since August 5,2019. The few days back episode of Dr. Omer Salim is an exemplar who on spot during his interview to a BBC reporter was captured by Indian police. The video clip is a vivid demonstration that how the truth is delayed from reaching world. The doctor had merely requested the government to reopen the communication infrastructure and treatment facilities for chemotherapies and patients who needed urgent dialysis sessions. Another broadcasted report by DW television identifies untreated patients due to closed operation theaters.
The fingers are raised on Indian ideals of democracy by the foreign media. New Delhi can dub the Islamabad news sources as self-fabricated so lets take in the statement of Urmila Matondkar, an Indian actress converted politician: “The question is not only about abrogating Article 370. It was done in inhuman manner,”. IAS Officer Kannan Gopinathan, resigned from his reputed post last month with his utterance on India Today, “I joined civil service with the hope that I can be the voice of those who have been silenced. But here, I lost my own voice.”
Concealed tragedy of Kashmir
‘The Times of India’ mentions “not a single bullet has been fired” in the state since August 5″. Al Jazeera in its September apprise jots ‘Electric shocks, beatings’: Kashmiris allege abuse by India army. New York Times registers ‘Asrar was known as a smart young boy who stayed away from protests, hedied after security officers hit him in the face with buckshot. As stated by ‘The Guardian’,the 16-year-old, Asrar Ahmed Khanwas fired with a pellet gun on 6 August and due to severe injury deceased in the following month. The news remained uncovered by any prominent channels in New Delhi. According to TRT World, Turkish press network, Lieutenant of Indian army Jeet Singh Dhillon has denied to use any weapon despite of medical verification his conference professed that a stone was hit to the young teen.
The criterion of justice
Under the present adopted stratagem of New Delhi against the Muslim community in Kashmir, Modi government is highly defamed at various platforms except in India which still nominates it as a hero of nation. The world needs to define its justice criterion with exception of caste creed and color. Unfortunately the ethical code remains absent throughout the globe.
Abrogation of Article 370 and Pakistan’s Pathetic Response
Pakistan, which is a party to Kashmir dispute could not make significant move after the Indian decision to scrap Article 370. The fragile economy, conventional military asymmetry and limited influence in international community restrict the options for Pakistan to take any strong stance against Indian illegal decision.
A month ago the government of BJP illegally dissolved the special status of Jammu and Kashmir through demolishing the Article 370. The article provides immunity to Jammu and Kashmir from Indian laws except foreign affairs, finance and communications. The decision is profoundly rejected by masses of Jammu and Kashmir and Pakistan. In the mean time the opposition parties in India also expressed strong dissatisfaction against decision and predicted severe repercussions for Indian state. The decision has also been challenged in the Indian Supreme Court and hearing has already been started. Yet, since the 5th August Kashmir is under siege, curfew has been imposed, communication network, medical and health facilities have been blocked. The international human rights organizations and defenders issued a genocide warning and warned India not to commit genocide.
In this critical situation which is developed by India, Pakistan took stance to stand by Kashmir. Pakistan highlighted the violent action which engulfed the rights and lives of Kashmiri people’s. Although Pakistan expressed strong resistance and proclaimed to use all the means to give Kashmiri’s their right, but there is a huge difference in words and deeds. On behest of Pakistan, China called UN Security Council meeting to discuss the issue and Chinese ambassador strongly condemned the Indian action and urged both parties to resolve the dispute through peaceful means. Yet it is important to point out that permanent members of UNSC refused to issue a post meeting joint statement.
Here it is wise to highlight that the international politics is dominated by the self-interests of dominant powers and weak states have no say in the system. Pakistan could not compete with Indian power in international relations. After scrapping the article, India immediately sought foreign support and Prime Minister Narendra Modi went to different states. Modi visited France, Bahrain and UAE, while Prime Minister of Pakistan Imran Khan only made phone calls to seek support against Indian action. This clearly disclosed the inefficiency of Pakistan to counter the Indian narrative.
Indian economic and investment potential is another factor behind cool response of international powers. India is trading partner of many countries and most prominent among them are USA, UK, UAE, China, European Union and Australia. The US has invested 9 million in India during the 2016 and UK has signed the commercial deals of 9.3 million recently. Australia is benefitted from Indian students and its education export is 2 billion dollars. EU a group of 27 independent states is another major investor and trade partner of India with 2.5 % international shares.
In contemporary international politics, diaspora is a backbone of any nation and same is true for India. It is observed that Indians are residing almost every influential state. More than 3.5 million Indians are working in UAE. During the 2015, Indian share was 16% in expats residing in the US, and Saudi Arabia host 1.9 million Indians. Kuwait having 1 million Indian workers and Oman 777,632 Indians. Europe also host the 1.2 million Indians.
The bilateral trade of India with US, China, EU, Japan, and Australia is impressive. In 2019, bilateral trade of India-China crossed the 100 billion, which expects to grow further. The US is second largest trading partner of India in goods, and the single largest export destination of Indian exporters. The bilateral trade has been grew at 7.59% annually from 68.4 billion in 2008 to 142.1 billion in 2018.
The 8.8 million Pakistanis are residing in western states, 4.7 million are living in EU and 1.2 in U.K. But Pakistan failed to activate its diaspora to promote national interests of the state. The Pakistani leadership never paid serious attention to engage diaspora, which resulted in poor representation of Pakistan in international community. On the other hand, Indian diaspora is much influential and have strong say in policies of US and EU. Their skills and education help them to climb the ladder of success and influence. So, it is high time for Pakistan to devise an effective strategy to lobby the national interests and engage diaspora. The diaspora is considered the defense line as they bridge the gap between their parent and host state.
Pakistan’s economic structure is fragile with rising debt and prices of commodities. The country is dependent on international monitory institutions to repay its debt which crossed over 100 billion dollars. It is on 150thposition in poverty index among 189 countries according to UN Human Development Indicators. The value of rupee is decreased to lowest level and government is losing its credibility. Pakistan is spending its 20% budget on Army which is higher than education, health and social development allocation. The fragile economy, poor coordination in policy making and influence of military in foreign policy making has reduced the role of other state institutions. Although, current civilian government claims that civilian and military leadership is on same page, but the poor and ill-coordinated response exposed the fault lines. The top hierarchy of civilian and political leadership did not bother itself to convey Pakistani position on Kashmir, except making statements.
If Pakistan really want to influence the international community, then it needs to fix its poor economy, to improve its human and social system, engage diaspora, make effective and inclusive foreign and security policy. The economic, political and military power can guarantee the national interests of the country. So Pakistan work tirelessly on all the fronts to achieve the status of major power.
Pakistan’s peace-loving gestures are considered its weakness, unfortunately
Pakistan is a peace-loving nation and a responsible state. The leadership, civil and military. Both are visionary and rational very much. Pakistan was the hub of western tourists in the 1950s, 1960s, and 1970s, due to its natural beauty, friendly and hospitable environment, and affordable living. Economic growth was one of the highest in this part of the world. But suffered a lot since the 1980s, due to the situation in Afghanistan. It was not our war, but unfortunately, we were pushed into this war. As a result, Pakistan offered 80,000 precious lives of Pakistani nationals, an economic loss of estimated up to 250 billion US dollars. In addition to it, extremism, terrorism, trafficking, smuggling, ethnicity, intolerance, gun, and drug culture, etc. were a gift. Due to the war-like situations during the last 4 decades, nations spared all resources, including human resources, financial resources etc on imposed war-front. As a result, industrial agriculture, infrastructure development, education, SW&T, R&D, Innovation, Commercialization, Health Sector, etc all walks of life suffered a lot and as result, today facing the worst economic crisis with over 100 billion foreign debt.
But, after having so many bitter lessons, the nation is even more mature and trained to survive under any circumstances. In fact, has emerged one of the most resilient nation. India staged the drama of “Pulwan” on 14 February this year, and without collecting evidence and investigation, just within hours, blamed Pakistan and threatened Pakistan. Pakistan offered to extend full cooperation in investigation and punish the responsible. But, India, according to pre-plan, attacked Pakistan on the 25th of February and dropped bombs in Balakot a city deep inside Pakistan. The leadership of Pakistan is very much sensible and rational and noticed that India is pushing Pakistan into full-scale war. The visionary leadership in Pakistan realized the consequences of war, especially when, both India and Pakistan, both are nuclear states, possessing enough piles of lethal weapons to destroy each other completely, and its impact on the region as well as global. Formulated a smart strategy to respond on the 27th of February, giving a message to India, that although Pakistan has capabilities and enjoys supremacy over India, it still sticks to “Love-For-Peace” and does not wish to opt for war, successfully averted to escalate to a full-fledged war. Even that, Pakistan released the captured pilot of Indian air force inside Pakistan territory, as a good-will gesture.
India revoked its own constitution on the 5th of August and imposed curfew in Kashmir. It is an act of war and violation of UN charter, Simla Agreement and all norms & practices of civilized world. Siege of Kashmir, complete black-out by suspending Internet, mobile phone services. Cutting all modes of communication, evacuating all foreigners and visitors from Kashmir. Keeping people under house arrest. Occupying forces are killing, arresting, detaining and raping on a mass scale and draconian laws imposed empowered the security forces to shot at a spot on suspicion only, with any judicial process. After 42 days of curfew, people are facing a severe shortage of food, fuel, electricity, medicines, and life is completely at a halt, stand-still status. It is the largest curfew in the known-history of human beings, as around 8 million people are under siege, and Kashmir has been turned into a big jail, people are treated as prisoners. India’s atrocities and brutalities have crossed all records of human rights violations.
UN, Human Rights Organizations, Mainstream Media, International organizations, NGOs, the whole International community have shown deep concerns on Indian atrocities. Protests, agitations, rallies, and demonstrations, all around the world as solidarity with the people of Kashmir have been witnessed. European Parliaments, UNSC, OIC, SCO, and all other international organizations are worried about the deteriorated situation of humanity in Kashmir.
Kashmir is a dispute between China, Pakistan, and India. India has illegally occupied a part of Kashmir known as Indian Occupied Kashmir. But people of Kashmir are spread all over three parts, i.e in Pakistan known as Azad or Free Kashmir and China. Kashmir is one nation and having blood relations in all three parts. They are charged at peak to enter into India Occupied Kashmir and help their brothers and sister in Indian Occupied Kashmir. They wanted to provide them food, medicines and basic necessities of life. The government of Pakistan is trying its best to stop them to march toward Indian Occupied Kashmir, as they are unarmed and simple villagers, they might have the high spirits to rescue the lives of their brothers and sisters in Indian Kashmir but might face firing by Indian Army. I am afraid, the public pressure is growing with passing each day and they might march toward Indian Occupied Kashmir, and Pakistani Security Forces may not be able to stop them, then they might come under the Indian forces firing range. It might complicate the situation. The government of Pakistan is committed to observing restrains and avert any war, with India, but if its civilians are killed, it may create an unexpected situation, difficult to predict the reaction.
On the other hand, Indian military deployment along the line of control and frequent violations of line of control, use of cluster bombs on civilian population inside Pakistan, and war-preparations are alarming. Indian Army Chief announced that The Indian Army is well prepared to Attack Pakistan and just waiting for a signal from its Government in Delhi.
Pakistan is trying its best to observe restrains and showing maximum tolerance and patience. But India considers Pakistan “Love-For-Peace” as its “weakness”, Unfortunate! Very Unfortunate!
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