AS the BJP government led by Narendra Modi has taken over the office for the second term, socio-political predicaments are deepening in Kashmir day-by-day. People in Kashmir, especially the youth, have been pushed to the wall. Situation full of chaos, confusion and confabulation is visible on the ground.

The massive mandate in favour of BJP combine, especially from those pockets which hitherto were averse to the ideology of majoritarianism, reflects that the concern for national security has been politically utilized to the fullest.

Be it Pulwama terror attack or subsequent Balakot air strike, the BJP milked these issues to the best of its capability to win the elections. Now, when it has won the election, what was needed was to review the central government’s old, traditional, harsher and repressive policies vis-à-vis tackling situation in Jammu and Kashmir.

Unfortunately, it seems the people at the helm of affairs in New Delhi want to continue with muscular policy towards Kashmir, which has so far increased disillusionment and alienation among the people. Instead of dealing with the vital issues of livelihood, rising unemployment, revival of tourism, end to corruption and above all to clear the air on special identity of Jammu and Kashmir; the political class including their policy planners in New Delhi have chosen to remain in a perpetual state of inertia.

There is need to draw and learn lessons from the results of muscular policy adopted by New Delhi in Jammu and Kashmir which has only peeved the people and is bound to prove a futile exercise when it comes to achieve the desired results of bringing peace and prosperity in the region.

Security-oriented approach overtaking the political outreach will end up being a loss not only for the people of Kashmir but to the whole country. Ever since BJP government came to power in 2014, Kashmir saw a rising graph of militancy and mass protests. A growing death toll, rise in cease fire violations despite tall claims of surgical strikes by the Modi led government and a drift away from electoral politics and polarisation between Kashmir and Jammu are some of the ‘achievements’ of the BJP in Jammu and Kashmir. The divisive politics of BJP has only further widened the gulf between the regions and communities in this state. Need of the hour was to reverse the impact of this political opportunism and narrow down the gaps between the regions, sub regions and communities. The pluralistic ethos of Jammu and Kashmir demanded rising above the narrow political considerations and power politics that has so far has eaten into vitals of this state.

Questions can be asked as how many civilians and security personnel got killed in last five years? The BJP had promised of restoring peace after Balakot strike!  Have we achieved that particularly in Kashmir?

Raking up already settled issues like delimitation to divert attention from real issues and polarise the communities and regions further seems the BJP has now started focusing in consolidating its base in Jammu and Kashmir. There is no doubt that delimitation is a must, not only in J&K, but all over the country. However, that can be done only after 2026. Once the delimitation has been frozen as regards all the states, there is no reason to single out Jammu and Kashmir for such an exercise more so when the Constitution of Jammu and Kashmir does not permit it and the Constitutional mechanism to pave way for delimitation is not in place.

Soon after Amit Shah took office as union home minister, reports started emerging that the center was mulling to redraw the boundaries of assembly constituencies in Jammu and Kashmir; this would once again violate the powers of the assembly. As and when this exercise is under taken, the utmost care has to be taken so that the aspirations of the people of all the three regions are taken into consideration. It should not just serve the political agenda of the BJP to garner more seats for itself.

In 2002 then National Conference (NC) government led by Farooq Abdullah froze delimitation until 2026 by amending the Jammu & Kashmir Representation of the People Act 1957 and Section 47(3) of the Constitution of the state.

The amended Section 47 (3) provided “that until the relevant figures for the first census taken after 2026 have been published, it shall not be necessary to readjust the total number of seats in the legislative assembly of the state and the division of the state into territorial constituencies under this sub-section.” That means next delimitation can only take place after census 2031.

Even the Supreme Court on November 9, 2010 upheld the freeze imposed by the state government on delimitation of assembly constituencies in the state till 2026 and dismissed the plea that it violated the “basic structure” of the Constitution.

However, under the garb of delimitation, the BJP is trying to pit Jammu against Kashmir at a time when the polarisation in the violence hit state is at all-time high. According to the 2011 census, the total population of Kashmir Valley was 68,88,475, Jammu division 53,78,538 and Ladakh region 2,74,289. And that means Kashmir valley has over 15 lakh more population than Jammu region and deserves more seats.

But these things should not become reasons for further division between the regions. Instead, efforts should be made to bridge the divide between the two regions and to begin mending the deep alienation of the people of Kashmir and the Indian Union. Unfortunately, the BJP-RSS is trying to deepen the divide between the communities and regions for partisan interests. Priority should be to end the mistrust and suspicion among communities and regions, but the BJP government wants to keep the people on hooks.

The talk of delimitation is perceived as an attempt to marginalise Kashmiris further. Democratic forces in rest of the country must speak and resist the divisive policies of Modi government. Or otherwise the forces on the other side of the divide will benefit from such unwarranted issues.

DIVISIVE FORCES

The other issue which the BJP government has been raking up is erosion of Article 370 and Article 35A of the Constitution. It seems focus of the BJP government is only on these issues and it has created lot of uncertainty among the people in Kashmir as they feel apprehensive about the same. Let us briefly revisit the history of Article 35A and promulgation of the order and notifications of 1927 and 1932 issued by Maharaja Hari Singh.

The people from erstwhile Punjab had started getting jobs in the government departments and purchasing land from the locals of the state at an ever-increasing scale. Feeling alarmed and threatened by the foreign intrusion into their homeland and likely trampling over their rights of employment and property, the residents of the state, predominantly non-Muslims (Dogras of Jammu and Pandits of Kashmir), were the main opponents who took strong exception to the “foreigners” likely going to change state’s demography and officialdom.

Similarly, Article 35A was added to the Constitution of India through a presidential order on May 14 in 1954. Under this article, the Jammu and Kashmir Legislative Assembly is empowered to define ‘permanent resident’ of the state and provide special rights and privileges to them.  It was enacted as a subsequent to the 1952 Delhi agreement between then Prime Minister of India, Jawaharlal Nehru and then Jammu and Kashmir Prime Minister, Sheikh Abdullah.

The sangh parivar’s chauvinism and ignorance feed on each other. The state’s autonomy was guaranteed by Article 370 of the Constitution. J&K acceded to India under the guarantees provided by the Constitution of India. It is the Constituent Assembly which incorporated Article 370 in the Constitution providing a constitutional basis for the relationship of J&K with the Union of India. The Article 370 could be abrogated or amended only upon the recommendation of the state's constituent assembly, which was dispersed in November 1956, after adopting a Constitution for the State.

If Article 370 or Article 35-A is tinkered with, it will open up a pandora box and Jammu and Kashmir’s relation with India will constitutionally, morally, socially and historically come in serious doubt.

HOLD ASSEMBLY POLLS

Instead of creating controversies on such settled issues, the center and the Election Commission of India should focus on holding assembly polls in the state as early as possible. Last year on the floor of parliament, then Home Minister, Rajnath Singh had declared that the central government was committed to democratic process in J&K and ready to hold assembly polls. The government claimed credit for holding panchayat, urban local bodies and parliament elections in the state without any violence. Then what is stopping the Election Commission of India from holding assembly polls in the state and depriving people of J&K from reaping the benefits of democracy?

What is urgently required is to shun the path of confrontation and repression and initiate a credible process of dialogue and reconciliation with all stakeholders in Kashmir. Need of the hour is  to refrain from the exclusive dependence on muscular policy, misuse of NIA, arbitrary use of AFSPA, PSA and jail filling exercises.

There are number of steps that Modi 2.0 can take to reverse the damage in Kashmir. Instead of turning a blind-eye to political provocation by members and supporters of their party, Modi and Amit Shah could oppose calls for repeal of Article 370 and 35A, or delimitation under President’s Rule. Sooner the better!