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| Maintaining dual character of J&K | | A Dangerous Report -- II | | A Dangerous Report -- II
Maintaining dual
character of J&K
Neha
JAMMU, Apr 14: The story in the national daily based on the interlocutors' report, in addition, not only suggested that "if the stakeholders in Jammu and Kashmir are willing to enter into a settlement (with Pakistan), the door can always be kept open for Pakistan to join", but also underlined that the "key objective is to make the Line of Control irrelevant". "It (Line of Control) should become a symbol of concord and cooperation", the report, as per the story, further said. "A hassle-free movement of people, goods and services across the LoC and the International Border must be swiftly ensured leading to institutionalised cooperation between the two parts of the former princely State," the story, in fact, said. It further said: "Any attempt at harmonisation of Centre-State relations and devolution of powers at the regional, district and panchayat/municipality levels across the LoC, therefore, will necessitate wide-ranging constitutional change in Pakistan-occupied Jammu and Kashmir. If agreed, such harmonisation will permit the development of joint institutions across the LoC for development, resource generation and other common matters…These issues should be discussed with the representatives on the other side of the LoC".
As expected, the interlocutors have also reflected in their report on the need to enter into dialogue with Pakistan, the Hurriyat leaders and track-II interactions for a resolution on both sides of the LoC and, according to the story, opined that the "roadmap leading to political, economic and cultural freedoms depend on the credibility of the dialogue process, implementation of key Confidence Building Measures and building a consensus among stakeholders". The CBMs, according to them, include "speeding up of reforms related to human rights and rule of law, amendment of the Public Safety Act, and review of the Disturbed Areas Act and the Armed Forces Special Powers Act" and the setting up of a "Judicial Commission to look into the unmarked graves, with emphasis on identification of missing/ disappeared persons". Besides, the interlocutors have suggested in their report that "Jammu and Kashmir should be made a bridge between central and South Asia".
There is a view that there is nothing in the report which could satisfy the votaries of pre-1953 politico-constitutional status or greater autonomy and self-rule. This view is based on the misguided notion that the interlocutors have not used the term pre-1953 status in their report. The fact of the matter is that there is everything in the report that vindicates those seeking a dispensation other than the one the Indian Constitution handed down to the people of the country on January 26, 1950. In fact, the report, according to the newspaper story, has recommended that Jammu and Kashmir State be made a republic within the Indian republic. This is not an exaggeration. This is statement of Fact. The interlocutors have made some very definite recommendations which, if accepted and given an effect to, would drive the state away from the political and constitutional organization of India. There should be no doubt about it. Leave aside their views on India-Pakistan and the Government of India-Hurriyat dialogue, Cross LoC "confidence building measures" and on such laws as the Armed Forces Special Powers Act, "human rights" and "unmarked graves" which are consistent with the views of those in Kashmir demanding autonomy, self-rule and independence.
Let me reproduce here verbatim some relevant portions from the story as carried in the national daily two days ago to clear all the cobwebs of confusion and establish that the interlocutors have urged the Government of India to end its political and constitutional ties with Jammu and Kashmir, something the Kashmiri leadership has been striving to achieve since decades. "The Constitutional Committee (should) review the applicability of Central statutes extended to Jammu and Kashmir after the July 1952 Delhi Agreement…The review process - once ratified by Parliament and the State legislature - would eventually end the extension by Presidential order of further Central laws to the State. Parliament will make no new laws applicable to Jammu and Kashmir unless these relate to the country's internal and external security and its vital economic interest…The Constitutional Committee will (have to) bear in mind the dual character of Jammu and Kashmir - as a constituent of the Indian Union and as a State enjoying special status in the Union under Article 370 of the Constitution while determining whether and to what extent the Central Acts and Articles have abridged the State Government's powers to cater to the welfare of its people…Once this process is over, Clauses (1) and (3) of Article 370 will cease to be operative and no orders will be made by the President under these clauses from the date of the final order…" This is precisely what the protagonists of Article 370 in Jammu and Kashmir vouch for.
The only silver-lining is that the interlocutors have in their report reportedly suggested that their recommendations "will have to be ratified by a Bill in both Houses of Parliament and by each House in the State Legislature by a margin of not less than two-thirds majority" and that "it will then be presented to the President for assent". One can say with some degree of confidence that neither the Parliament nor the State Legislature will have two-thirds majority supporting the unsettling Bill the interlocutors have reportedly talked about in their report. This can be construed as a positive suggestion. Another positive suggestion is their reported suggestion that seeks segregation of Ladakh from Kashmir and setting up of three regional councils, one each for Jammu, Kashmir and Ladakh, invested with the power to address the 'political, economic, social and cultural interests, concerns, grievances and aspirations of the people in all the three regions".
All in all, it can be said that the interlocutors' report is a dangerous report that needs to be rejected out-of-hand. However, to say all this is not to suggest that the status quo must be maintained. The status quo cannot be maintained because the people of Jammu and Ladakh are fed up with the existing politico-constitutional structure in the state because it is Kashmir-dominated and Valley-centric. It has to be federalised in order to cater to the specific needs of the people of these two regions and enable them to achieve their political aspirations, including their urge for complete integration into India. (Concluded) |
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