India’s highest court has given the BJP government a month to come up with the reply to address the concerns of multiple petitioners regarding the abrogation of Article 370. One can only hope when the reply is submitted and the honourable court arbitrates, things will settle down quickly. The largest democracy in the world is in the news and the Supreme Court of India was approached by petitioners against this governmental action. While the process is very slow because all the judicial norms and jurisprudence rules have to be looked into but an ample time of four weeks is given. It seems that Kashmir would have to brave another four weeks of continuous government restrictions before any respite could be expected.
It has been more than two months now since the withdrawal of Article 370 of the Constitution of India, which provided “special status” to the state of J&K. The situation has not been improved as the Indian government claimed and thought gradual normalcy would take place after a few days of the revocation. The reports are coming out that the curbs increased soon after Pakistani Prime Minister’s speech at the UN. After listening to his speech and a rebuttal from India, it is again clearly evident that Kashmiris are victims in this situation. The ordinary Kashmiris.
The rest is the same as has been for the last 70 odd years. Both countries continue to accuse each other of misgivings.
This article 370 has undoubtedly become outdated. However, if an arbitrary act by Delhi would bring any stability in Kashmir, it remains to be seen and as of now, no news from that region is not good news.
Leaving aside Pakistan from the equation for a moment, it should have been Kashmir’s own democratically elected assembly, which should have decided the fate of this article. Amongst others, the Kashmiri politician, second chief minister and founder of All Jammu and Kashmir Muslim Conference, Shaikh Abdullah, was a major stakeholder in drafting this article, which demanded the formation of an independent assembly for Kashmir to give up agitation in return. One of the clauses in the article stated: “Under Article 370 the Indian Parliament cannot increase or reduce the borders of the state.”
After a revocation, the region is being divided into three small territories: Jammu, Laddakh and the Kashmir valley.
The cause of the conflict between Pakistan and India is Kashmir. Thus, the best approach for the Indian government was to open a dialogue with Kashmiri people, who are true representatives of their nation rather than house arresting them. Even leaving Pakistan out would have been worked that way. Because bringing Pakistan in only seems to complicate the matters.
However, the reality is the Shimla (also read Simla) agreement, signed in 1972 between Indian and Pakistani prime ministers bounded both countries to resolve all issues, including Kashmir dispute. It stated, “That the principles and purposes of the Charter of the United Nations shall govern the relations between the two countries.”
Furthermore, clause 1 (sub-clause ii) stated: “That the two countries are resolved to settle their differences by peaceful means through bilateral negotiations or by any other peaceful means mutually agreed upon between them. Pending the final settlement of any of the problems between the two countries, neither side shall unilaterally alter the situation and both shall prevent the organization, assistance or encouragement of any acts detrimental to the maintenance of peaceful and harmonious relations.”
One of the mutually and internationally accepted “differences” is Kashmir so it seems to one’s understanding this step is, in fact, a violation of Simla agreement.
The agreement also explained in clause 4 (sub-clause ii): “In Jammu and Kashmir, the line of control resulting from the cease-fire of December 17, 1971, shall be respected by both sides without prejudice to the recognized position of either side. Neither side shall seek to alter it unilaterally, irrespective of mutual differences and legal interpretations. Both sides further undertake to refrain from the threat or the use of force in violation of this Line (sub-clause iii), ‘The withdrawals shall commence upon entry into force of this Agreement and shall be completed within a period of 30 days thereof.'”
Kashmir’s own democratically elected assembly should have decided the fate of this article
The fact that India puts in front and lays significance on to justify non-abidance of certain conditions is the covert actions by non-state actors from Pakistani side which inflict considerable damage to the region of Kashmir in every aspect, be it psychological, social or financial.
India insists that Pakistani deep state is behind the unrest and that creates the evergreen question of who takes the first step towards abidance of the agreements in letter and spirit.
The bottom line is eliminating the root cause and finding an amicable solution only will end the hostilities between the neighbours. Both sides of Kashmiri people should have been invited to sit on the table and discuss their future. Let indigenous Kashmiris decide what they want, live with India? live with Pakistan? Or live independently. A plebiscite could have been done to consolidate the resolve of the people. A Kashmirixit on the lines of Brexit was another option but it seems it is too late for this now. The situation now becomes more complex because of the Indian government’s unilateral actions and adding more troops to control the situation.
The concern is when the curbs are lifted the situation could escalate into a threat to the union, the peace and unity of India as well as the integrity of the whole region. The Supreme Court can provide guidelines and framework to resolve this issue internally as well as externally. No one would argue with that.
Another aspect more dangerous than anything else is coming from history. In 1971, Pakistan committed a historic mistake by sending forces to the then East Pakistan (now Bangladesh) under the impression that the unrest will be curbed and the minority of West Pakistan will subdue the electoral majority of Bengali people. What happened after this grave mistake is now part of the history of this region. An independent country, Bangladesh, was born due to the use of brutal force.
India appears to be on the same path to a disaster. It is now getting more evident that history might repeat itself. Another insane episode to flare up tensions in the region is in the making.
How Kashmiris react would be more evident after section 144 and other curbs and controls on the general public are lifted and they are given full permission for any political activity. This region cannot live in a silo in the larger Indian equation.
Sanity should prevail the high drama, otherwise, the consequences could be a total failure and collapse of civil order and diplomacy. The reasoning will be defeated, followed by a disastrous future for the people of the two nuclear-armed and highly emotional countries.
The writer is an occasional freelance contributor/ commentator