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Solution within the framework of Article 370
Jammu Problem
9/19/2011 10:09:43 AM


MINCING NO WORDS
NEHA
JAMMU, Sep 18: Interlocutors have, according to media reports, “virtually rejected restoration of pre-1953 position in Jammu and Kashmir”. If true, it is a good development. For, pre-1953 position means not only re-establishment of a local oligarchy in the state with the ruling elite exercising dictatorial powers but it also means the emergence of a situation under which the people, the judiciary and the Press will have no freedom at all. Besides, a return to pre-1953 position would mean end of politico-constitutional ties with New Delhi and a step shot of independence. Not only this, a return to pre-1953 position would also mean a spectacular victory of intolerant and regressive ideology. One can only hope and pray that the interlocutors would not recommend anything that ends democracy and gives legitimacy to reactionary elements.
Media reports have also given the people to understand that they would suggest a roadmap that appreciates and accommodates the aspirations of the people of all the three regions of the state – Jammu, Kashmir and Ladakh – and that they have no doubt whatever that any solution that is not acceptable to Jammu and Ladakh would not click and resolve the issues confronting the state. "Wait for our report to be made public. No resolution of problems faced by Jammu and Kashmir, especially a political solution, is possible until aspirations of people of all three regions (Jammu, Kashmir and Ladakh)” are appreciated and accommodated, media reports have, in fact, suggested. If true, it is a second major development that one must appreciate. For, the reported suggestions mean recognition of Jammu and Ladakh. The recognition appears emphatic and unambiguous.

However, there are two catches that create very serious doubts in the minds of the people of Jammu and Ladakh about the real intentions of the interlocutors. The case in point is the reported suggestion given by the interlocutors that the resolution of the issue will be within the framework of Article 370 of the Indian Constitution and that their roadmap would also take into account the aspirations of “sub-regions and communities”. The doubts as expressed by sections of people of Jammu are well-founded.
Take, for example, the senseless insistence of the interlocutors to retain Article 370 and on a solution that further divides the well-established and well-defined regions of the state into sub-regions. Article 370 is not an elixir. It is a deadly poison. It is this Article that has disempowered the people and led to a situation as we have been witnessing in Kashmir since decades. Article 370 has, instead of bringing the state closer to New Delhi, widened the gulf between the two and emboldened sections of society in Kashmir to use this Article to undermine the territorial integrity of India and promote in Kashmir politics based on primitive and medieval concepts. The people of the state need a reform that empowers them fully. The interlocutors need to review their stand on Article 370. Even otherwise, Article 370 needs to be abrogated because it has deprived the people of the state of even those normal civil and democratic rights which are available to their fellow countrymen across the country, barring Jammu and Kashmir. It must be underlined that no central legislation is automatically applicable to the solitary State of Jammu and Kashmir. This has fettered the people’s freedom and adversely impacted their fundamental rights. Besides, Article 370 discriminates between the people of the state and people belonging to the rest of the country. For example, no state subject can buy immovable property in the state. Nor can he or she obtain a job under the state government. On the contrary, all these rights are available to what we term as state subjects.
The other catch that must make the people of Jammu province sit down and examine the ramifications of what the interlocutors have suggested. They have suggested, as referred to above, a solution that also satisfies the aspirations of sub-regions. This means the interlocutors have allowed themselves to be deeply influenced by certain vested interests, also known as the votaries of what they term as PIr Panjal Autonomous Council and Chenab Valley Autonomous Council. Actually, those who are demanding these two councils are the ones who want to divide Jammu province on communal lines. They are the ardent admirers of the pernicious Dixon Plan/Kathwari Plan/Greater Kashmir formulation. This is not acceptable.
Jammu province is a distinct and definite political entity. No one should be allowed to tinker with it. For, any move on the part of any authority or interlocutors to divide Jammu province would be surely construed here in this province as a sinister move to de-link the Muslim-majority areas from Jammu province and merge the same with the Muslim Kashmir. The interlocutors would do well to take into account the evil designs of those seeking division of Jammu province. This is a must. Otherwise, the results would be quite disastrous. The best course available is the trifurcation of the state. In fact, this is the only solution. You just can’t keep Jammu, Kashmir and Ladakh intact. In order words, the lasting solution lies in the recognition of three provinces as distinct geo-political entities and their empowerment under the Indian Constitution with each entity having the authority to manage its own socio-cultural and democratic and economic issues.
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