In Kashmir, Still a Long Way to Go

Context: The insufficiency and the criticism to abrogation of  Articles 370 and 35A of the Constitution should be resolved undertaking introspection of the unrealised goals and concerns.

Arguments given in favour of Abrogation of Articles 370 and 35A:

• To ensure a more closely integrated Indian Union.
• Ending an anomaly that had impeded Kashmir’s peace and progress
• To create economic and job opportunities.
• Reduce levels of terrorist violence:
  • For, E.g. Elimination of some top leaders of terrorist out?ts such as the Hizbul Mujahideen.

Arguments Against the move:

• Stealth and secrecy: prevented any scope for discussion debate or retreat.
• Against the nature of Asymmetric Federalism in India.
• Erasing the notion of a separate ‘Kashmiri identity’: It would amount to proposing a simplistic solution for a complex problem.
  • The Kashmir problem cannot again be detached from the extant situation prevailing in parts of the world.
    • For E.g. Radical Islamist ideas appear to be gaining ground, and the impact is being felt on youth in our region as well.
  • Unrealised Goals: Levels of violence continue to remain high, broadly approximating to what existed in earlier periods.
  • Undermined faith on Centre’s commitment: has resisted an early political discourse.
    • The incarceration of several senior political leaders for several months under various provisions of the law, including the Jammu and Kashmir Public Safety Act,
  • Rights Violation:
    • Human Rights Violation: in the form of preventive detentions and house arrests.
      • As former Supreme Court of India judge, Justice Madan Lokur observed that even a form of house arrest is a matter of grave human rights concern.
    • Lack of access to high-speed internet: Students, in particular, have faced serious problems in accessing information
  • Concern related to Demographic Changes: which has become a ‘ticking time-bomb’, with some political parties declaring that it could “change the demography of the erstwhile State of J&K”.
    • For, E.g. latest noti?cation allows non­-lo­cals to apply for domicile certi?cates, thus potentially opening the ?oodgates for ‘outsiders’ to settle in the State.
    • This may lead to fewer income opportunities for locals due to ‘outsiders’ acquisition of property and application in local jobs.
    • Concerns in Jammu:
      • Influx of outsiders into the State following the removal of restrictions.
      • The inability of local businesses to compete with goods from outside due to higher manufacturing costs.
    • Internal Security Concerns:
      • Presence of Radical Islamist: There are sizeable pockets of radical Islamist in?uence present in Kashmir today.
      • Existence of “Unattached Militant”: All such elements are driven by the power of an idea, and cannot be suppressed through sheer force.

• The complexity of Kashmir

• Internal Security Concerns:
  • Presence of Radical Islamist: There are sizeable pockets of radical Islamist in?uence present in Kashmir today.
  • Existence of “Unattached Militant”: All such elements are driven by the power of an idea, and cannot be suppressed through sheer force.
  • Presence of Hostile Neighbours: in the form of Pakistan and China. With respect to Pakistan, the Kashmir issue has been a constant irritant in India-Pakistan relations
  • The security problem had attracted attention through insurrections, sub­nation tensions, terrorism, and various other facets of organised and unorganised violence.
• Political Complexities
  • ‘Strong arm populism’ has its limits, and it becomes necessary to undertake value-based judgements. 
    • For, E.g. disowning all talk of Kashmiri ‘insaniyat’ and ‘jamhooriyat’, and making Kashmiris pay for their past mistakes could be highly misplaced.

Way Forward:

• Have debate and Introspection: Current policymakers should not assume a failure of past policies that prevented past leaders from understanding and ?nding solution for the Kashmir problem.
• Restoring normalcy should be an urgent priority, even if the domestic parties appear to be highly critical of the Centre’s policy.

Conclusion: The Kashmir issue shall be dealt with utmost caution as we cannot afford any more ‘evolutionary adaptations to an already dangerous social and complex environment’.