Karan
Kharb
In
the last 25 years, the intensity of terrorism in Jammu and Kashmir has been
fluctuating. Phases of peace have proved
to be no more than lulls in the battles used by the proxies of Pakistan to
regroup and reorganise before unleashing their next phase of violence.
Ironically, whereas the new political environment with BJP-PDP coalition
government in the state and the NDA Government with fully majority BJP at the
Centre should have effected a decline in the violence and separatism, the
problem has become even more volatile.
Marginalised
leaders of a divided Hurriyat amalgam including Syed Ali Shah Geelani whose
poll boycott diktats were spurned by the Kashmiri electorate, are now back on
the centre stage. Efforts to pacify the separatists by releasing the likes of Masrat
Alam saw a spurt in anti-India demonstrations. Fissures within the Hurriyat are
apparently closing as supporters of different factions are converging. It is
reliably learnt that this convergence is aided by ISI masters who want all
separatist groups to rally around Geelani-Masrat duo so that Hurriyat is
projected as a unified 'representative' body to promote separatism and an
anti-India sentiment in the Valley. CM Mufti Mohammad Syeed's ambivalent stand
on the separatists and violence has been a cause of recurring embarrassment for
the BJP.
Unlike
other states of the Union, governance in the state of Jammu and Kashmir is uniquely
complex. Firstly, being a border state it acquires special geo-political significance,
which is heightened even more with Pakistan having ceded Shaksgam Valley to
China and the latter launching massive infrastructure development including multi-lane
roads in the Pak occupied areas of Gilgit-Baltistan. Secondly, besides its mountainous
terrain that is covered either by dense forest or by snow, the state is also
demographically divided with Jammu-Udhampur having predominantly Hindu
population, the Kashmir Valley predominantly Muslim and Ladakh having a mix of sparsely
populated Budhists and Muslims. Thirdly, India's relations with Pakistan and
China have directly influenced politics and happenings in these areas. Fourthly, Article 370 of the Indian
Constitution bestows 'special status' on the state of Jammu and Kashmir, which
sets it apart from the rest in the country. This weird constitutional proviso
makes the state look like a 'nation' within a nation.
Thanks
to these outlandish physiognomies of the state of Jammu and Kashmir,
governments have been consistently smug in running affairs of the state in a
status-quoist manner creating and promoting a privileged class of self-righteous
politicians and protected elite of bureaucracy insulated from the people. The proxy war unleashed by Pakistan against India
in this region has been fuelling chaos in the state for decades. More lives – military as well as civil – have
been lost in the last quarter century of violence here than the combined total
death toll of last three Indo-Pak wars. Development
has been another serious casualty while official corruption has thrived reducing
civil administration to a self-serving mechanism for the privileged few and largely
denied to the people. The carrot dangling approach of Chief Minister Mufti
Mohammad Sayeed to placate and win over the Hurriyat and hard core separatists
has already flopped. Masrat Alam has
very effectively utilised his brief release from captivity to reignite the fizzling
voices of separatism in Srinagar. The brief drama he so diligently enacted with
Hafiz Sayeed from Pakistan assuring Jehadis (proxies) in Jammu and Kashmir
every kind of support – "material, moral and military" – has once
again poured acid into the wound that has festered for over a quarter century
now.
Dissension in Gilgit-Baltistan
People in the
'Northern Areas', Gilgit-Baltistan do not call themselves Pakistanis. Constitutionally, they are Indian
citizens. Of course, that is not to
suggest that they believe to be Indian citizens either but, mercilessly
persecuted and exploited, they strongly envy their brethren on the Indian side
of LoC. Demographic transformation has been so engineered in this region that
the aborigines have been gradually overwhelmed by the settlers from down south.
In 1948, the Shia–Sunni ratio in Gilgit-Baltistan was 4:1; today it is 4:3. With
a population of 2.5 million (Shi'as, Sunnis, Ismailis and Nur Bakshis),
Gilgit-Baltistan is the largest region of POK covering an area of 73000 square
km as compared to the remaining area of so-called 'Azad Kashmir', which
measures 13000 square km. It is larger
than the combined total area of Nagaland, Manipur, Mizoram and Tripura. It
equals the entire province of Khyber Pakhttunkhwa of Pakistan. Kalash of
Chitral – also called Nuristan/Kafiristan – are the remaining non-Muslim group
in this region. In contrast to this demographic transformation and persecution
across the LoC, India has honoured its commitment and even today Indian
citizens who do not belong to the state of J&K cannot purchase property
here nor can they settle here.
Outsiders have
come and accumulated property in this region under the guise of 'development
projects' and 'industrialisation'. Military has arbitrarily usurped local land
for military garrisons. Some parts have been ceded to China providing it the
corridor that opens routes to the Islamic world even as the local Baltis remain
fretful against ongoing exploitation of the region by Pakistan and China.
Issues like mineral exploration, land compensation, control and utilisation of
revenue and royalties from dams have been agitating the locals who remain
bereft of basic amenities of life. Chinese bring their own labour force, denying
the Balties the job opportunities that should have been rightfully theirs in
job-starved region.
Voicing his
people's anguish, Senge Tsering Hasnan, a Balti intellectual and activist, told
me in New Delhi recently, "In Gilgit-Baltistan, we want what Indian
Kashmiris have. In India they contest elections and represent the state in the
Parliament as MPs; you have given them 'special status' etc. Even pro-Pakistani
leaders in Gilgit envy the Indian Kashmiris who have benefits of Indian
judicial, political and economic institutions. As for us, forget rights,
persecution fills us with fear."
Similar
sentiments have been echoed by Abdul Hamid Khan, chairman of Balawaristan
National Front from time to time and a number of other Balti leaders and
activists. "We know that because
of Pakistani fundamentalism and because the so-called Azad Kashmir is actually
even more badly enslaved than the Indian-held Kashmir, no Ladakhi Buddhist in
his right mind would ever consider joining us as long as we remain under
Pakistani occupation", says Abdul Hamid Khan.
What is even more interesting is that unlike
the Indian constitution, Pakistan's constitution deems POK as 'disputed
territory' and not integral to Pakistan. Pakistan Supreme Court has also given
verdicts in the past calling POK as 'disputed territory' and disallowing
treating it as Pakistan territory. Whereas the J&K constitution declares
the state to be "integral part of India", the Azad Kashmir constitution
stipulates 'right of self-determination' but in practice, freedom is severely
curtailed by Pakistani system of controls. Therefore, the entire state of undivided
Jammu and Kashmir legitimately belongs to India and even by its own
constitutional tenets Pakistan has no legitimate right to meddle with affairs
in POK/Azad Kashmir or Gilgit-Baltistan. The obligation of meeting aspirations of
the people of POK including Gilgit-Baltistan lies on India but the aggressor
has continued to hold this territory in defiance of the UN resolutions and the
will of the people of the state.
Of course, the popular resentment against
Pakistan in the region does not suggest any strong swing of passions in favour
of India. Regional leaders and parties clamour for freedom for the entire Gilgit-Baltistan
region, which, as they claim, includes Kargil and Ladakh. Growing enthusiasm in
Pak-China partnership in this region and a surging injured Balti consciousness
have further enhanced its significance as a junction point between Central Asia
and South Asia on the one hand, and between China and West Asia on the other. Borders
of India, China, Tajikistan, Afghanistan and Pakistan converge here. Any power
that controls this region will gain the ability to influence relations and happenings
in these nations. Little wonder why
China is entrenching its presence and expanding its influence in this area.
Access to Gwadar port via Karakoram highway provides China an alternative trade
route besides placing it strategically in a far more advantageous position near
the Persian Gulf. In sharp contrast to
these manoeuvrings in its most sensitive region, India had almost succumbed to the
Pakistan inspired 'Track II Diplomacy' that had sought demilitarisation of Siachen
Glacier, the highest and forward most positions held by the Indian Army in the
closest vicinity of these manoeuvrings. In fact, Prime Minister Manmohan Singh
had himself declared his Government's resolve to withdraw the Army from these
dominating positions and declare Siachen complex as a 'Peace Park'.
Article 370 – An Anathema to J&K
There is ample
evidence for the policy planners to understand that dithering and placating
tactics have only led to worsening the situation rather than solving the
problems. Prime Minister Narendra Modi and the J&K government are today
faced with a serious challenge, which they can convert into their golden chance
to usher in new era of peace, prosperity and genuine azadi by
integrating the state of Jammu and Kashmir into the mainstream of sovereign
India. The so-called 'special status' under Article 370 has actually promoted
'separatism', inter-se rivalry and mistrust among different sections of the
society and political establishments because the distinguishing constitutional provisions
treat the state of J&K differently vis-à-vis the rest. It also kills the
fundamental principle of 'EQUALITY' enshrined in the Preamble of the
Constitution of India. No public interest has been served by it so far. On the contrary, those in power in the state use
it from time to time for their personal gains by blackmailing the Central
Government under its shadow.
Technically,
Article 370 applies to the whole of undivided state of Jammu and Kashmir
including what has now become Pak occupied Kashmir (POK) or 'Azad Kashmir'
as Pakistan sells it to the world. Whereas India has steadfastly honoured the
provisions of the Instrument of Accession signed by Maharaja Hari Singh and
Article 370, Pakistan has violated all norms and conditions imposed by the UN
even as it has continued to counter blame India for the same. Pakistan's occupation
of POK is the outcome of its blatant aggression and not a result of any
Instrument of Accession or people's mandate. Whereas India has steadfastly abided
by the conditions laid down in the Instrument of Accession and enshrined those
conditions in its constitution as Article 370.
Accordingly, no person from outside the state of J&K is allowed to
purchase property or settle down here whereas Pakistan has outraged the
original demographic profile of the areas of J&K under its illegal
occupation since 1947. On the contrary, it uses India's provisions of Article
370 as a beating stick against India by displaying the subjugated territory of POK
as 'Azad Kashmir' and calling the rest of J&K as 'disputed
territory as evidenced by the Article 370 that distinguishes it from the rest
of India'.
To the
international community too, continuance of 'special status' for J&K gives
an impression of 'some final settlement about J&K's still hanging in the
air' – an impression Pakistan and the Kashmiri separatists have been
cashing on to bolster their claims. Viewed from any angle, the provisions of
this Article have proved to be a noose of silk in the neck of J&K. The principle of equality entitles the people
of J&K to be liberated from this royal bondage, which has only hampered
their development because it has deterred the Indian investors and
multi-national corporates from investing in J&K.
Permanent
solution to a problem as ticklish as this cannot be easy but how long shall we
allow this wound to fester in search of easy solutions? Time is now ripe to administer
the bitter pill. Article 370 must be
repealed and the state of Jammu and Kashmir integrated into the national
mainstream without further delay.
Need for New Vision, New Resolve
The world has
changed since 1947. From bipolar, it has become unipolar today. Soviet Union
and the Berlin wall have gone. Once avowed enemies, the US and China are
big-ticket trade partners today. Communism has changed stance to be friends
with capitalism. A class of new nations has emerged in the post-Soviet Central
Asia. West Asia is engulfed in chaotic Islamist struggles, which have reached
India's doorsteps aggravating the proxy war scenario for India. China is also
having a taste of this malaise in Xinjiang where the Uighurs have been up in
arms against China for quite some time now. The state of J&K including POK
and Gilgit-Baltistan has assumed greater significance in the altered
geo-political matrix in this part of the world. However, India's perception of
the Kashmir issue and its theories and practice of fighting terrorism have
remained fixated in time. In their post-partition history of 68 years, India
and Pakistan have fought four wars. Repeated victories, including dismemberment
of Pakistan in 1971, have failed to solve issues and bring about an atmosphere
of mutual trust, friendship and cooperation between the two neighbours. If so,
it is time India changed its strategic perceptions and addressed the problem
with options not tried before.
Narendra Modi's
arrival as India's Prime Minister heading a strong government with single party
BJP majority and NDA partners ushers in a new era of nationalist resurgence in
India. He is aided by a team of professional experts of proven record of
accomplishments such as Ajit Doval, the National Security Advisor – a
thoroughbred professional with enormous experience and capacity to think and
devise differently. The world is watching a new India rise under Modi whose
deft initiatives have established India in a class of nations willing to
enhance cooperation, promote peace and join to fight the menace of terrorism
together. As a member of the world's fastest growing economies – BRICS – India is
now very much counted in the comity of nations. The rousing welcome and
standing ovations given to the Indian Prime Minister during his visits to the
US, France, Japan, Australia, China, South Korea and all other countries in
India's neighbourhood indicate how the world is looking up to India's role as a
regional power in this part of the world and as an important player at the
global stage as well.
Today's India has
the potential to alter the matrix of relationships with its neighbours including
Pakistan with a view to addressing the problems holistically and decisively. Economics
of trade and commerce must be interwoven in efforts to bring about a congenial
environment where each neighbour's own interests would be adversely affected if
peace and cooperation were betrayed. For this, India needs to make its resolve
clear by emphatically stating how it is committed to respect every nation's
sovereignty. At the same it must also clearly state its resolve to protect and
safeguard its own against all kinds of threats with all the goodwill and, if
and where needed, with the utmost power at its disposal. A strategy of covert
operations and earnest goodwill could go hand in hand to defeat the menace of
terrorism and proxy war. Pakistan must be made to understand that exporting crime
and terror to India will entail prohibitive costs hereafter and India could
take the proxy war to the places of its origin – even if such places are across
the LoC. Whereas Pakistan's presence in
POK and every intrusion across LoC would be always illegal, India's actions
across the LoC would be very much in order – technically and legally. India's
self-imposed restraint from venturing into areas of POK has matured into a
paradigm that would make such a suggestion appear weird and brazen today. Yet,
the fact is that POK is not Pakistan even by its own admission.
So far, India
has not lent any worthwhile support to the genuine demands of people of
Gilgit-Baltistan who have been suffering from ongoing persecution and
exploitation. India's support to their
cause could also help in curtailing, perhaps reversing, the trend of terrorists
infiltrating through LoC. Espousing such
a cause will also enhance stakes for Pakistan in talks with India.
All these
arguments notwithstanding, India and Pakistan must sit together and find amicable
solution to their festering problems taking a realistic view of the situation. The
era of wars is fading and the civilised world is moving towards better times
for our future generations. Neighbours in today's world could choose a common
road to peace and prosperity or remain entrenched in animosity and take a
flight to assured mutual destruction.
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