In the second part of the Kashmir issue series, we focus on the recent developments in Kashmir and the surrounding issues, e.g. the 2014 Assembly Elections, the recent curfew and the pellet guns issue, the issue of article 370, the issue of return of Kashmiri Pandits and some positive developments. (The first part of the series is here.)

 The 2014 Assembly Elections and a hope for change:

Jammu & Kashmir held Assembly elections in November-December 2014, the results of which are significant for two reasons:

• The elections witnessed the highest voters’ turnout in the last 25 years (more than 65%) despite repeated boycott calls by separatist Hurriyat leaders.
• The coming together of the Peoples Democratic Party (PDP) and Bharatiya Janata Party (BJP) presents a historic opportunity to bridge two divides. The first is the divide between the Jammu and Kashmir regions of the state. The second is the divide between the Kashmir Valley and the Indian Union.

The recent turmoil and the pellet guns issue:

In early July a young Kashmiri Burhan Wani was killed by the Indian security forces in an encounter. He was commander of the military outfit Hizbul Mujahideen.

Burhan Wani was projected as a hero and a victim of state atrocities by the local Hurriyat leaders, Pakistani media and certain sections of Kashmiri media and population.

Consequently, his death was followed by violent protests from Kashmiris who defied curfews with attacks on security forces and public properties. At least 68 civilians and two security officials died and more than 9,000 people were injured in over 50 days of violence according to official tallies.

The use of pallet guns by the army and police to control the mob and restore law and order was also put under lot of criticism as it led to injuries and blinding of many people.

The crisis is projected as the worst since 1990s.

Concerns:

• The Indian state has been subjected to a lot of criticism in the wake of dying civilians. But a simple comparison from other conflict zones in the world would show that a casualty figure of 70 in 45 days of controlling very violent crowds shows exemplary restraint by the Indian forces.
• The use of pellet guns which have led to more than 100 eye surgeries and numerous blindings are an area of concern. Pellet guns have been used to break up protests in Egypt, Bahrain and Tunisia, but most countries do not use them on unarmed civilians, as the pellets spray widely and cannot be aimed. The MHA has now decided that while a total suspension of pellet guns would not be possible, given the imperative of the security of the personnel of the CRPF and J&K police but a greater reliance would be placed on PAVA shells which contain Pelargonic Acid Vanillyl Amide, an organic compound found in chilli pepper.
• The profile of the protesters—a large number of them barely out of their teens—also raises important questions. Do these young men know what they are doing? Or are they being used by separatist and Islamist forces in the Valley and outside for their political objectives? The death of young men is an effective way of evoking horror from across the world, in the process painting the Indian state as a brutal regime.

Other Issues:

The issues regarding Article 370

What is Article 370?

• Article 370 of the Indian Constitution is a ‘temporary provision’ which grants special autonomous status to Jammu and Kashmir.
• Except for defence, foreign affairs, finance and communications, the Parliament needs the state government’s concurrence for applying all other laws.

Is Article 370 still intact in its original form?

1. No, the “autonomy” has been diluted:

• A series of Presidential Orders have eroded Article 370 substantially.
• In fact today the autonomy enjoyed by the State is a shadow of its former self, and there is virtually no institution of the Republic of India that does not include J&K within its scope and jurisdiction.

2. The only substantial differences from many other States relate to:

• Permanent residents and their rights;
• The non-applicability of Emergency provisions on the grounds of “internal disturbance” without the concurrence of the State;
• The name and boundaries of the State, which cannot be altered without the consent of its legislature.

 Can Article 370 be Revoked Unilaterally?

Article 370 can be revoked only if a new Constituent Assembly of Kashmir recommends revocation. Since the last Constituent Assembly was dissolved in January 1957 after it completed the task of framing the state’s Constitution, so if the parliament agrees to scrap Article 370, a fresh constituent Assembly will have to be formed.

The constituent Assembly will consist of the same MLAs elected to the State Assembly. Simply put, the Centre cannot repeal Article 370 without the nod of J&K State.

 Should Article 370 be revoked?

• Arguments in favour:
  1. It has created certain psychological barriers and it is the root cause of all the problems in J&K.
  2. This article encourages secessionist activities within J&K and other parts of the country.
  3. At the time of enactment, it was a temporary arrangement which was supposed to be repealed gradually.
  4. It acts as a constant reminder to the Muslims of J&K that they have still to merge with the country.
• Arguments Against:

1. Abrogation of the article 370 will have serious consequences. It will encourage secessionists to demand plebiscite which will lead to internationalization of the issue of J&K.
2. The contention of Article giving rise to secessionist activities is baseless as states like Assam and Punjab, which do not have any special status have experienced such problems too. Also, separatism grows when people feel disconnected from the structures of power and the process of policy formulation; in contrast, article 370 is synonymous with decentralisation and devolution of power which ensures popular participation in the running of the polity.
3. It would not only constitute a violation of the solemn understanding given by India through the instrument of accession, but would also create unnecessary misgivings in the minds of people of J&K, making the issue more sensitive.

Conclusion:

It can be argued that abrogation of the Article is avoidable as it will certainly be raised internationally by Pakistan and will give a chance to the international community to intervene in J&K. So, maintaining the status-quo would be the best possible strategy as of now.

The question of Kashmiri pundits

The exodus of the Kashmiri Pandits from the Kashmiri valley in the early 1990s and the question of their home coming ever since has been both a political and emotional issue.

Efforts for their return to Kashmir would essentially face the following issues:

• An assurance of security of life and property for all people who return.
• Townships in the absence of livelihood opportunities are meaningless. Recreating that environment will be a very tough challenge.

The question of separate townships: The community in which one lives is a big source of security. Given the history and their concerns for security, pundits would want to live together but the idea of separate townships also poses the following concerns:

1. Security implications : It is possible that a Pandit township may seem like a more attractive, high-profile target for terrorist groups than dispersed dwellings, and this threat perception is likely to turn these settlements into not just ghettos but heavily militarized compounds, further compromising the prospect for normal life as far its resettled residents are concerned.
2. Separate townships may be a barrier to unity and intermingling of cultures.

At the same time, the question of moving the returning pundits to their original homes needs detailed deliberation as many may have been destroyed while others have changed hands. The central as well as state governments need to formulate back-up plans for new permanent houses for those whose property cannot be retrieved for various reasons.

 Previous efforts to resettle Kashmiri pundits:

An effort was made to resettle Kashmiri Pandits in 2007 under a government job scheme but many people who returned say that they are not happy. They live in migrant colonies and do not have basic amenities like a ration card or even a voter ID card. Some Pandit families in exile remain fearful about continuing threats, and wonder about the wisdom of relocating themselves for a second time when the outcome is uncertain, and their children have developed roots elsewhere in India.

The way ahead:

The Kashmiri Pandit community has the right to go back to its state and live peacefully without feeling threatened. But this problem can only be solved if the issue of separatism is addressed. That needs a rethink on political, economic and cultural policies.

A Silver lining:

But Kashmir’s story has positives to look at as well.

• If there is a Burhan Wani, there is also a Shah Faesal who topped the Union Public Service Commission exams in 2009. Since then, scores of Kashmiris have cracked the exams. As many as 10 candidates from the Valley have cleared the exams this year itself including the second rank holder Athar Aamir-ul-Shafi Khan.
• Around 20,000 aspirants turned up last year to fill 55 vacancies in the Indian army.
• Despite Hurriyat hardliner Syed Ali Shah Geelani’ s call to Kashmiris against joining police service last month, more than 5000 youth filed applications and appeared for fitness tests for the post of special police officers in various districts.
• A budding entrepreneurship narrative has already taken root in the state.

Thats it for this part!

The next part in this series will analyse the steps being taken by the Government to address the issue and the way ahead (Click here for part 3). This is supposed to be one of the most comprehensive series in Internal Security related Issues. Your feedback is welcome! 🙂