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| Kashmir festering sore under the surgeon's knife | | |
K.N. Pandita
Kashmir problem was at the top of BJP's agenda from day one of Modi-02 administration. The reason for BJP to pull the carpet under the feet of the coalition government was it's dark foreboding that Kashmir was made to gravitate to theocratic propensity. This apart, the historic decision taken on 5 August was precipitated by an alleged understanding between Trump and Imran Khan during latter's visit to Washington. Curiously, Imran Khan calls the scraping of the special status of J&K "a slap by the Indian government on the face of Trump." He means to provoke Trump against India's defiant mood.
Eager to extricate the US from Afghan imbroglio as early as possible so as to familiarize his candidature for the second presidential term, Trump appears to have agreed to barter Kashmir in return for Imran's promise to bail him out. The two day-dreamers have tremendous capacity of making a laughing stock of them.
A couple of things need to be taken note of. Soon after Imran's return from a meeting with President Trump, there was sudden escalation of tension and firing along the LoC. Several attempts of infiltration were made by the fidayeen within a short span of one week. Simultaneously, a special Pakistani official delegation left for US to sell the idea of mediation on Kashmir to the US lawmakers and think tanks. At the same time, China also issued a statement endorsing mediation by third party in Kashmir. Exclusion of India and President Ashraf Ghani from the Afghan negotiating group indicated that Trump's had succumbed to pressure from Pakistan.
Much ahead of Modi's Kashmir Mission these developments converged on deepening of tension between the two countries soon after Imran's return from Washington. Much noise was raised by marginalized valley leadership, particularly Mahbooba Mufti and Omar Abdullah, that Kashmir's identity was under serious threat. However, owing to alert Governor's rule neither the Indian intelligence nor administration could go napping. The decision of treating this festering wound was on the anvil.
Observers speculated several options before Modi to meet the external as well as the internal threat. It could be the scraping of 370 or 35-A or both. It could be an ultimatum to Pakistan to be prepared for the grave consequences of escalating tension. It could also be an intimidating move on the part of Indian intelligence agencies. Modi kept the cards close to his chest. Much did the traditional valley Muslim leadership try to scuff a clue here and here but the plan of revoking the special status of J&K in the Indian Constitution was kept a closely guarded secret. At the same time it was laboriously studied, discussed and finally approved by the Prime Minister and his two close confident aids, the Home and Security Ministers. This also explains the reason for army chief and senior commanders in J&K paying frequent visits to the borders and forward pickets to ensure that all security measures were in place.
The most curious part of the story was if at all the Home Minister planned to make a big adventure of scrapping the special status of the State how would it be brought about without jeopardizing constitutional provisions. Constitutional propriety had not to be violated. As we try to study the Presidential order in this context, we come to a curious point made by the Home Minster while presenting the order in the Rajya Sabha. He said, "The August 5 Presidential order has been issued under clause 1 of Article 370. The same clause was used in 1954 to issue the Presidential order that granted special status to Jammu-Kashmir". After issuing today's (August 5, 2019) orders all orders or amendments issued under the same clause in 1954 stand revoked. In 1954, the then Congress government had taken recourse to the same clause and brought in Article 35-A to further strengthen Article 370. The Home Minister did not propose any amendment to Article 370 nor did he get bogged with the nitty-gritty of a plethora of constitutional provisions. In terms of legalities, the President of India signed an order on the morning of August 5, 2019 now called Constitutional order 272. Both Houses of the Parliament have approved revocation of Article 370 doing away with special status to J&K. In another bill which also stands passed by both the houses, J&K has been bifurcated into two Union Territories, one of Ladakh and the other of J&K.
Notably, Modi government has also amended Article 367 and added Clause 4 to it which now includes Jammu-Kashmir in general category along with other states. Earlier it was not included in the category of states referred to as 'the said states' in this Article. But now it is also a part of the 'said states.' So Jammu-Kashmir is now like any other state when it comes to applying Constitutional provisions. The power which was vested in Legislative Assembly in the state is now vested in the Governor (read Lt. Governor). Earlier the assembly used to recommend to the Governor and the latter used to recommend further to the President of India. Now like any other state, the council of ministers will give advice to the Lt. Governor. Constituent Assembly is now to be read as Legislative Assembly. Thus the compulsion to have Constituent Assembly to scrap Article 370 is not required.
Two issues were brought forward by the Modi Government in Parliament. Clause 2 and 3 of Article 370 were scrapped. According to these clauses, recommendation of Assembly was required to scrap Article 370. But now only Clause 1 remains. Two Union territories have been carved out. Ladakh is a Union Territory without assembly. It will have two Hill councils and a Lieutenant Governor. Jammu-Kashmir has been made a Union territory with an Assembly. The Governor as the administrative head continues to perform his role. The question asked is in what way the doing away with special status will benefit the region of Jammu which has suffered discrimination and deprivation for seven decades? Since J&K will have a legislative assembly, and the valley has ten seats more than Jammu region, the valley-based legislators will continue to remain in majority and hence in power with the capability of carrying on its old discriminatory policy. The removal of special status of the State does not automatically remove the discrimination and injustice done to Jammu region for decades at end. In fact, the root cause of discrimination of Jammu region will be found in the delimitation of voter constituencies. It is said that the population quantum of Jammu region has been manipulated. The delimitation Act that disallows revision of the delimitation of constituencies till 2026 has been the real source of deprivation of Jammu region. Now that the delimitation Act becomes null and void after dissolving the state into two union territories, the administration shall have to redeem the loss by ordering immediate delimitation of constituencies before the process of election to the Assembly is underway. This also brings into focus two connected concerns. One is conceding to the PoK refugees (1947) their democratic rights and political empowerment because now they are the residents of the Union Territory of J&K. They have a right to their share of the 24 seats reserved for the people of PoK in the constitution of the erstwhile J&K State. If that Constitutional provision is null and void, even then they do qualify for exercising the franchise rights. The second concern is of the rights of exiled community of about 3-4 lakh Kashmiri Pandits, the original residents of the Valley but hounded out of their homes and hearths by the Jihadis and terrorists in Kashmir valley in 1990.
The second unresolved issue is of the Hindu minority hounded out of the valley in 1990. Their issue is dimensional: genocide, threatened community, IDPs. Displacement compensation, means of subsistence, restoration of illegally seized properties, right to cultural heritage, and return and restitution in the valley etc in a way that satisfies them. All these issues piled up because the governments in the State and the Centre underplayed their importance just because the Pandits are not any party's vote bank owing to their numerical insignificance. We believe that Article 370 of the Indian constitution and the Constitution of the erstwhile J&K State both were responsible for all that befell this small religious minority. With the State constitution gone, the way is paved for addressing their concerns. Hopefully, the follow-up administrative action to the dismemberment of the statehood of J&K will take care of their concentrated restitution in the valley together with its adjuncts. Finally, scraping special status through Article 370 has liberated the people of Jammu, Kashmir and Ladakh from seventy years of dynastic and hegemonic rule and widespread corruption and nepotism. Their isolation has comes to an end. A vast prospect of all-round development opens up for all people of the two union territories. At long last, the festering sore of Jammu, Kashmir and Ladakh has come under the surgeon's knife. It will take the wounds some time to heal.
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