Any further delay in addressing the situation politically will lead to increasing schisms within the Kashmiri body politic.
The most significant implication of this week's visit by an all-party delegation to Jammu and Kashmir is this: the Indian political class has collectively accepted the essentially political nature of the Kashmir problem. However, the benefits of the beginning of this much-awaited transformation of Kashmir from a ‘securitised' narrative to a ‘politicised' one will be short-lived if those reassuring words are not translated into actions. The Hindu's editorial (September 14, 2010) accurately summed up the United Progressive Alliance government's current approach to the Kashmir issue and the urgent need to move beyond mere words: “By talking big while having little to offer, New Delhi has unwittingly fanned the flames in J&K.” Hence, the need now is to announce a clearly defined ‘political package' for the agitating Kashmiris.
The all-party delegation cannot decide on such a political package; the Government of India can. But the more than hundred Kashmiris killed in recent months by the security forces have failed to prompt the Central government to think beyond its usual pious platitudes of dialogues, engagements and delegations. If New Delhi is determined to live forever in ignorance and denial, why should Kashmiris respond with anything other than cynicism to its out-dated and bumbling efforts towards what it likes to call ‘finding a solution'? New Delhi's complete lack of vision, seriousness and sincerity in previous dialogues with Kashmiris has understandably meant that the proposal is simply seen as a short-term tactic aimed to calm the situation. Once national and international attention wanes, and the Kashmiri protesters go about their normal lives, the government might go back, as it has done in the past, to the business of conveniently ignoring that thorny little issue in northwestern India.
Beyond platitudes
What, then, can be done to bring peace to the Valley? Can we, under the prevailing circumstances, lay out a clear roadmap for a political resolution of the Kashmir issue? The very fact that a political package is being contemplated as opposed to an improvised military strategy in order to address a political problem is itself encouraging. But there is a need to flesh out what it really entails. A long and drawn-out process of political dialogue without any time-bound commitments is unlikely to be accepted by Kashmiris; so the first step is to articulate a timeframe. A political solution to the Kashmir issue can be imagined as a multi-phased one, with measures relating to it being implemented in the immediate term, the intermediate term, and the long term.
Immediate measures
In the immediate term, the government should put together a panel of senior Kashmir interlocutors. They should be asked to talk to a cross-section of Kashmiris, most importantly leaders of all dissident groups, in a sustained manner. The government should immediately review the status and consider releasing all political prisoners arrested under the draconian Armed Forces (Special Powers) Act, or AFSPA, and such other laws. The AFSPA should then be suitably amended or withdrawn. There also has to be a rethinking on the Disturbed Areas Act and the Public Safety Act. Thereafter, an empowered judicial commission should be tasked to probe all fake encounters and civilian deaths in J&K at the hands of the security forces. The commission must have a legal mandate to prosecute erring officers, both civilian and military.
Intermediate term
In the intermediate term, a Truth and Reconciliation Commission (TRC) should be set up in the State to help Kashmiris come to terms with their past and to advance the cause of justice and reconciliation. Both India and Kashmir need to make peace with each other and with their complicated past. The TRC can consider bringing out a white paper on the commission and prosecution of human rights violations in J&K over the years. However, the most important aspect of this political package should be the adherence to Article 370 of the Constitution in letter and spirit. Article 370 has been chipped away by a succession of State governments with the collusion and at the behest of New Delhi. Most of the key features of the Article have been distorted or removed to such an extent that it is no longer recognisable. This is severely resented by Kashmiris. Indeed, the National Conference-appointed State Autonomy Committee had, in 1999, recommended that the President of India should strike down all orders that infringe on the 1950 Constitution (Application to J-K) Order, and the Delhi Agreement of 1952. This recommendation was not heeded by the then Bharatiya Janata Party-led government. It should be revisited at the earliest in conjunction with other recommendations from political parties such as the People's Democratic Party.
The BJP and many other weak-hearted nationalists have argued that giving special treatment to Kashmir will loosen India's control there, creating a domino effect. They argue that such actions would contravene the spirit of national integration. Yet multiple Indian States enjoy special provisions in varying measure and are still as much a part of the nation as any other. Moreover, as the Supreme Court clearly observed in its judgment in Khazan Chand vs the State of Jammu and Kashmir (1984), J&K “holds a special position in the constitutional set-up of our country.” The Supreme Court further stated that Article 370 is the basis for a constitutional relationship between the Indian Union and J&K State.
For the long term
A permanent solution to the Kashmir issue is unlikely to emerge without the involvement of Pakistan. In the longer term, therefore, there is a need to revisit the back-channel decisions reached by the two countries on Jammu and Kashmir that can be implemented in the State in consultation with the people of the State. Now that Pakistan has, at least theoretically, given up many of its puritanical and irredentist positions on Kashmir, India should capitalise on the opportunity to seek mutually agreeable positions on the issue. India should also encourage the establishment of enduring linkages across the Line of Control, consultative mechanisms, trade, and public interaction between the two sides of J&K. Various non-governmental initiatives must be encouraged to bring people from the two sides of the erstwhile princely state. People-to-people contact such as this should not be underrated: it can contribute immeasurably to resolving long-standing conflicts such as that in J&K.
Any further delay in addressing the situation politically will lead to increasing schisms within the Kashmiri body politic. For instance, over the last few years we have seen an encouraging and creative political debate and ideological shifts between the mainstream and the dissidents in Kashmir. The ongoing agitation could undo that process of finding the middle ground. More significantly, one of the major casualties of this ongoing agitation would be the mainstream political ideas and processes in Kashmir. The mainstream Kashmiri politicians are not ready to go to the people today because they are scared and unsure what their response would be. The danger in Kashmir today is that the more mainstream your politics, the more likely it is that you would be termed a gaddar (traitor) by the agitating Kashmiris. So even the moderate dissidents are forced to take extreme positions.
Engaging Kashmiris in a result-oriented and goal-driven manner as laid out here is indeed taking the road less travelled, a road that is not easy to take. And so, before New Delhi decides to discard suggestions such as this, it needs to ask itself what serves India's long-term national interests better: maintaining the violent, chaotic, ungovernable status quo in Kashmir through brute force and military might, or meeting the legitimate political aspirations of the Kashmiris and convincing them that they have a place in the idea of India?
(Happymon Jacob teaches at the School of International Studies, Jawaharlal Nehru University, New Delhi.)
Keywords: Kashmir unrest, mob violence, AFSPA, Truth and Reconciliation Commission, back-channel diplomacy
Comments:
No one seems to know the way forward on this issue today because the Govt. Of India, the state Govt. Of J&K and the various so called political and separatist groups as well travelled blindly on a road which only took the people of the state this far !!
Now all of them finding excuses to cover their failures by some blaming Army and some calling for separation.
How much does a common man of the State share and accept these approach born out of six decades of failures?
If the power centers had only ensured atlases 4 decades of a good living opportunity for the people of J&K, this would not have happened.
What further political package is being recommended on top of what Article 370 has granted?
Why blame army which is doing it's job only on the orders of the Govt.
What is the effectiveness of the state Govt. in the state?
The way forward is to ignore the calls of separatist groups and firmly deal with them under law. Replace the Govt of the state with a more acceptable leadership. Ensure that the all sections of J&K gets the economic benefits and participation in growth of India.
If the children are happy, so will be the parents.
If the youngsters have good education and economic opportunity, then they are part of economic growth and derive sense of pride in their contribution.
So focus only on children - Parent and youngsters groups than others groups.
Start doing it now, atleast- better late than never.
This alone can keep the international community on our side always on this issue.
The problem of Kashmir atarted when the Hindu Mharajha of that border State which included the predominantly Muslim Kashmir valley chose to join the Indian Union more than six decades ago. Successive governments in New Delhi had to grapple with this historical problem without a clue as to how to solve it. All their, often ill-thought-out efforts have not so far given satisfactory dividends. Mr.Happymon Jacob has made some sensible suggestions in this regard which the UPA government should seriously look into. But too much optimism can be as counter-productive as the pessimism that has already set in. Political sagacity of the highest order will be needed to handle this sensitive problem. Moreover the powers that be have to realise that a sense of belonging to a nation has to be nurtured in the minds of the citizens by making them feel that the nation cares for them. Mere rhetoric cannot achieve this objective
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A very good article,the author has understood the Kashmir problem well.One should be brave enough to accept the reality.I fully agree with the author using military might and maintaining status quo will not be in the longterm interest of India.Day by day Kashmir struggle is gaining more supporters in the world.China is know terming Kashmir a dispute and is involved in Kashmir actively.USA although at this time is reluctant to be directly involved but they will be forced to do so owing to her interests being linked with Pakistan in this part of the world.U.K and others already share the view that Kashmir is a disputed territory.Above all the U.N Secretary-general has raised his concern about Human Rights violence and use of force by Indian Armed forces.India wants to be a global power with permanent membership of Security Council with General Assembly meet on cards and Pakistan's plans to raise this issue with support of the above countries and OIC members,India's global power dream is a distant reality.
Therefore resolution of the problem according to the wishes of majority in Kashmir with all stake holders on board will be in best interests of India.(thanks the Hindu for publishing articles so close to the problem.Impartial and unbiased paper like yours have kept the flame of true journalism burning.Hats off.)
yes this is solution to jk. but the indian govt has no concrete policy towards kashmir. they only know how to spent their 5 years.
Sir, It appears to me as the most generalistic and unbiased piece of work, as regards the Kashmir issue. This article has portrayed in a nicely crafted manner the reality on the ground and seems to me a clear instruction for the central Govt. in order to avoid kashmir issue to meet a cataclysmic clymax.
Thank you very much for showing a clear heartedness and sharing the emotional greif with Kashmiris
interesting article. Kashmir has to get the same status what the other Indian states enjoying. mentality of Kashmir people has changed a lot from early independent period. educated Kashmiris want to see India as their country not the Pakistan. but the Indian government still keeping an untouchable mentality in Kashmir isssue and they treating them as prisoners.Indian government has to change this position towards Kashmir especially in this agitated condition otherwise it will be the best chance for extremist wings to capture the youth minds and use it against indian state..........
Sir, of course we want a political package and that is nothing short of Complte freedom from India.The denial of the same is the root of all problems. Kashmiri people do not want autonomy under India,or the socalled self-rule of Muftis,what they want id Freedom from India. This is the only aspirations that we are dying for. No economic packages as some would suggest...No autonomy as many from india would like us to have...Only freedom....Only freedom...This is the only political and historical package that we are fighting for....
Kashmir needs to be reviewed from the perspective of a moderate majority and not through the demands of a radical minority. Almost all forms of experimentations have been carried out here by appeasing leaders from these scattered radical minority groups. A large part of the world's problems were solve-able when dictatorship or nobility gave way to representative democracy. Kashmir and scores of other places inform us that this is not enough. Perhaps we need to to democratise further all the affairs of public institutions and their governance. Direct democracy, which is quite possible now, given the reach of digital wireless technology, cost-effectiveness of equipments, and the intense desire shown by all sections of people to participate in matters of their own well-being. One fails to understand why the government is not trying it out. Let there be a first ever experimentation of direct democracy in Kashmir. Let the age of qualifying citizens be lowered to include even children. Lets see which way the pendulum swings then. The radicals and their funding agents would go bankrupt with ideas and funds, if no one is excluded from carrying out day-to-day affairs. Let the people decide on issues, provide various options, opinionate on the options, and prioritise them for execution. Its quite unlikely that young children and old people who make up the majority would settle for anything other than peace, enhanced livelihood conditions and better environment.
Well articulated, the opinion delineates the roadway for the gradual integration of the Kashmir as well as comes with an approach to heal the wounds suffered by the Kashmiris so far.
Thanks sir,
India has completely failed to give Kashmiri youth the hope for their future and now it has made a transition to the next generation. Kashmiris want their problems solved by themselves.India must undrstand now that 60 years of forcible occupation had yielded nothing but anger for india in kashmiri hearts,a political package is must rather economic one.
There can be little doubt that the Kashmir issue has been marred with communal politics that is played out in the rest of India. It is important here to point out that status quo serves best the interests of not only the Congress government at the centre but also the Pakistan. The ones who have to suffer, undoubtedly, are the Kashmiris.
But it must also be kept in mind that security forces cannot be blamed for everything. If provisions like AFSPA are in place in the Valley, then it is simply because the area has 'specific problems that need special treatment'. Terrorists go on killing spree and then you ask the security forces to count their bullets before firing!
We can only hope that the situation is now addressed in a meaningful manner. Separatist forces should not be involved in the dialogue at any cost unless they agree to talk within the Indian Constitutional Framework.
Very nice article. Brute force and military might will not win always. The win lies on support of Kashmiris who believe that we are part of Indian rule. The ongoing military interventions will kill not only the civilians but also all efforts to gain their support.
Sir, well written article.
Why should India engage Pakistan for Kashmir issue when we know that Pak is more interested in infiltration (hub of terrorism, said by Obama). Can you really talk to your own neighbour if they are more interested in breaking the walls of your house and don't learn to respect you?
I hope this is very important to understand that separatists don't represent Kashmir. Whole process is to bring the main stream party in lime light and slow but total restrictions on separatists.
JNU seems to be full of people who are always thinking of how to weaken India.
Pakistan's history of last 63 years shows that India cannot trust it one bit, so making the border soft is a recipe for disaster.
If Kashmir is a part of India then it should be treated like other states, why article 370 ?
Of course we can keep talking to the separatists to convince them the impracticability of their demands and also that genuine secularism is the best bet for everyone where we respect one anothers' way of life.
Many places in the article, you have referred to the term "India and Kashmir". Don't you consider Kashmir a part of India...?
"Both India and Kashmir need to .......". Please Mr. Jacob never ever use statements like this which treats Kashmir as not a part of India. As far as the issue regarding the Kashmir is concerned that is not only about the people of Kashmir but its about the security and integrity of India that have to be taken into serious consideration. First of all, army cannot be removed or lessened in strength from there till countries like China and Pakistan are there surrounding it. Government should formulate policies to bring the people of kashmir in the mainstream life flow of other Indian states' people. They should be involved in such a way so that more people, like this year's Civil services exam topper Mr. Faizal, become a part of Indian Union. Currently if we loosen the grip on Kashmir we may have to suffer a lot. No compromise with Indian security and integrity.
Kashmir is India's internal issue and nobody should be allowed to get involved into it. Also if the dissident groups really want the solution of this problem why did they refuse to meet the all-party delegation? Why don't they think of the lives of the Kashmiris who are not able to do their businesses because of these riots if they are really their well wishers? This indicates that these groups are Pak sponsored.
the real problem does not lie in providing any kind of political
package,could have been this case other state would not have
developed even without any political package.real problem lie
elsewere, large section of unemployed youth rampart corruption
has got reflected demand of political package.both china and
pakistan are trying there level best to create trouble for
india how can somebody imagin to provide political package
for j&k
Good article. But any solution should include Pakistan as well. People of both Kashmir and the displaced pundits also should be involved to have a lasting solution. Indian think tanks should choke out a policy that should compel Pakistan to come for an amicable solution. But we have failed many times to expose the happenings in the POK.
Dear Readers,
An excellent analysis, however if Government of India wants to resolve the Kashmir problem, then it must abrogate article 370 from Indian Constitution. Article 370 is an impediment for reconciliation. Involvement of Pakistan is non starter. All party delegation is the beginning the process in a right direction. Step by step approach is possible,if ground situation is more peaceful and reciprocate. At this juncture what Nehru did or Sardar Patel would have done is meaningless. Professor has not mansion about those thorny historical unfortunate events. In the end we want Kashmiri are as happy as any other citizens of a free and democratic society. Thanks and good luck.
Rajendra M. Parikh
Arlington, Texas USA
Kashmir lacks credible leadership. No one seems to be in control. Political leaders are definitely not. This lends the situation to be manipulated by numerous groups with limited following both external and internal. A rough estimate of revenue spent on Kashmir will expose that political and economic packages have failed to serve the purpose. The only logical way to proceed is to bring about time bound modernisation in the State which will pave way for better living standards and education.This will make Kashmiris to be proud of being part of INdia. This can only be undertaken by a team sincere and not so corrupt politicians. This time a team of younger leadership with younger profiled bureaucratic/ non bureaucratic predominantly drawn from the state be made in charge of such a programme. Existing leadership should however continue on the beaten track of negotiations. Armed Forces Leadership is fairly mature to execute their role and therefore be trusted to maintain the situation making it possible for implementation of project of transforming Kashmir into a modern state.
By now the whole world knows Pakistan's intentions on Kashmir. None of the appeasements proposed will satisfy those sections aligned with Pakistan, inside and outside, who want to pursue a pan-islamic agenda. Their big opportunity now is to exploit the resentment of the youth, who are unemployed and without hope for their future. How will the proposed TRC, judicial commission and neutering the army square with ground realities and the looming influx of terrorists actively abetted by Pakistan? How will the factions clamoring for autonomy and freedom learn to live together even if they are granted their wishes? Here is a suggestion to stop further shedding of blood and endless drain of Indian resources: India agrees to settle for a truncated Kashmir, ceding the valley to become an independent entity under joint India/Pakistan control for a period of say 10 years until democracy takes hold. The remaining Jammu, Ladakh and contiguous areas to be aborbed into India as another Indian state, where the displaced pandits will be offered a homeland. The big powers with stakes in the region, USA and China, should be made to agree to buy into the development and security of the new Kashmir as a buffer between India and Pakistan.
Yes. The article brings out a lot of ideas than one.
Here lies the problem. who will be heading the TRC (Truth and Reconciliation Commission). any political leader? any military person?
People of Kashmir lost faith in the so called rulers (Political leaders) of the state. So using forces will not solve the problem at all.
The people of Kashmir valley need freedom. At the same time they also want to be part of the Republic of India. Like the author wrote in the article, the educated and intellects in the Valley feel, Kashmir is an integral part of India.
Hope the Kashmir issue will be solved in three years' time. (Before 31 October 2013).
excellent write up,you have made a profound analysis of the overall Kashmir situation. You have been very candid and bang on target while giving suggestions for remedy to the problem. The solution to the problem lies in coming out of denial mode, muster a humane approach, shun rigidity, shun authoritative and oppressive nature. In short, India should approach it as a human misery which needs redressal. Your suggestions, if executed on ground, will show overwhelming response from the inhabitants of Kashmir.
At last i am convinced that in India, there are people who use their pen realistically and do not believe in Jingoistic attitude.
Relatively nice article. I wonder if there would have been only half of Indian population thinking like this, then Kashmir issue would have been solved years ago. My sober request to all the intellectuals of india and people with humanistic approach that please be brave enough to accept the reality to solve this issue. Yes of course my humble request to intelligent youth of india please donot go through biased literature on kashmir, respect others aspirations,behave like democratics. Feel the pain of those killed kashmiris by indian armed forces. When you lose someone you feel the pain and you know what is right and wrong. I pose you one question; did not you remember General Dyer- the killer, murderer? Yes me course. Yes we also know thousands of general Dyers who kill for promotions, stars and for fun. Kashmir issue is political one and needs a solution according to wishes of Kashmiris.
Relatively nice article. I wonder if there would have been only half of Indian population thinking like this, then the Kashmir issue would have been solved years ago. My sober request to all the intellectuals of India and people with humanistic approach is to please be brave enough to accept the reality to solve this issue. Yes of course my humble request to intelligent youth of india please do not go through biased literature on kashmir, respect others aspirations, behave like poeple who follow democracy. Feel the pain of those killed kashmiris by indian armed forces. When you lose someone you feel the pain and you know what is right and wrong. Kashmir issue is a political one and needs a solution according to the wishes of Kashmiris.
Nice catch!!this article tells almost the 59-41% of truth and observations.Well kashmir was always part of India and it will be always.Indeed,this is sad some innocent people have lost their lives but in the same case if we go back 20yrs wen kashmiri pandits were killed and of no reason? The analysis and the justice should be given to all frames(sections)of JammuandKashmir who are proud to be part of India.justice delayed is justice denied is well proven proverb in this matter.It is alwaz easy to blame everyone on the other side but to understand the situation is not easy.There is lot of mess in this Kashmir issue which is deeply to be recognised and we as Indians dont need any neighbour country to indulge in our matter.Our intellectual capital is smart enough to solve the problem.now is the time when all should know the history(real)of J&K to understand the issue and to be part tobe part of this.
Good Article.
Article says that
"more than hundred Kashmirs killed in recent months by the security forces" - Army didn't went scouring those people.They didn't have any option for people who were sabotaging army offices and fiercely pelting stone at them.
Displacement of Kashmir Pundits has led to feeling that it is major Muslim state in largely Hindu India.We need to shift excess population from states like Bihar and construct housing for them in Kashmir so that there is even distribution of people.New program should be started under "- Demographic Correction Program (DCP)- " which will allow people from other states to settle and prosper in Kashmir.Why people from other state fear to go and settle in Kashmir ? Can they move and settle in other part of their own country ? This region need demographic integration with other people of the country .
Target Islamic Radicals who are stirring discontent in common people to get them political advantage.Summarily execution (I don't want another Kandahar by putting them in prison)of those people will create example for other radical organization.I think main center of hatred comes from Imams of Mosque's Friday prayer .Need to give attention to that because they are the people who instigate youth to engage in nasty activities under the name of God .
This statement very disturbed me that
"A permanent solution to the Kashmir issue is unlikely to emerge without the involvement of Pakistan."
I think Pakistan has no say in Kashmir region because it is sovereign part of India .If we make such statement every neighbor will cheap away our parts.We are giving unnecessary importance to Pakistan in making our own decision about our own region and people.
The army personnel who are guilty of committing crime against local people should be prosecuted .This will bolster their image as paladins of the region .Moving Army from Kashmir is not an option because it is state which borders our enemy state.This idea itself is ridiculous .
- NILESH SALPE
I agree with almost all of the article except the potentially unintentional mentioning of "Kashmir and India" since this indirectly implies that Kashmir is not a part of India. However Mr. Jacob redeems himself nicely with his last line "...Kashmiris and convincing them that they have a place in the idea of India". I am glad the all-party delegation refused to entertain any discussions on "azadi". All other concerns were on the table. Yes, of course we cannot fail Kashmir or any Indian state. We must provide education, employment and equal opportunities in the future of the Indian Union. As for the special status afforded to Indian states other than Kashmir, I would very much like to have details on the same. Finally, in terms of discussions with Pakistan, what's a realistic outcome given that we will certainly not cede Kashmir and they will not cede PoK? Would making the LoC the official border be acceptable to both? Given that under the rules of the partition the then leader of Kashmir chose to integrate with India, India is actually entitled to all of Kashmir, including areas illegally occupied by Pakistan. It is this fundamental mismatch of ideas which has kept a resolution at bay for six decades and probably a few more. Perhaps Mr. Jacob can provide a solution which will be acceptable to both India and Pakistan.
Has any Kashmiri felt anything about the hundreds of India's soldiers who were killed and more who were maimed during four India-Pakistan wars? Do the Kashmiris have any thoughts or feelings on the supreme sacrifice made by our brave soldiers? The answer is a big NO. I have fought in two of these wars and also served in Kashmir - I know the truth.
The author's well meaning article borders on what Nehru had told his Kashmiri kinsmen: they would rule India as they were not lowly untouchable Hindustanis but superior race Kashmiris. They must not lower their dignity by integrating with the rest of our countrymen, a policy of high octane segregation that he achieved through his highly parochial Article 370. Having first created the Kashmir problem with Pakistan, he went on to further compound it. Unfortunately, successive governments both in Srinagar as well as in New Delhi maintained his divisive policy all because of securing the votes of a particular community. 63 years on and in three wars with Pakistan - I am a veteran of two of these - we have invariably surrendered our military gains to Pakistan, the most damaging of which was at Shimla in 1972 courtesy Nehru's daughter.
The only permanent solution today is to redraw our northern borders by deleting the Kashmir Valley from our map altogether and have nothing to do with it subsequently. Pakistan will naturally swallow it up but that's no skin off our nose. Two separate states of Jammu and Ladakh, which have been singularly deprived by Srinagar, should be created, the venal Article 370 scrapped, and the remnant LOC unilaterally converted by us into a formal Ind-Pak border.