July 04, 2021
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J&K: No Concrete Assurances

M Y Tarigami

THE meeting convened by the prime minister with mainstream political leaders of Jammu and Kashmir – first time after the abrogation of the erstwhile state’s special status under Article 370 – has made it clear that mainstream political parties can’t be written off by caging and discrediting them with bundle of lies and slander campaigns. This has also demonstrated that coercive measures can’t force the people into submission and silence can’t be portrayed as acceptance.

It is not the change of heart but the concern of the international community and BJP government’s unsuccessful campaigns of half-truths and distorted facts which essentially prompted it to reach out to the political mainstream of Jammu and Kashmir. Recent developments in Afghanistan, which are bound to have an impact on the security situation in the region and J&K being a frontier state, might be one of the compelling factors for the BJP government for reaching out to the political leadership of J&K.

Mishandling of Covid-19 pandemic across the country and dissatisfaction of masses with the policies pursued by the government and the devastating effect on day-to-day life of a common man, which was sufficiently proved by the results of recently held assembly and local body elections in several states, can be additional compulsions for such a half-hearted exercise.

After the PAGD received invitation for a meeting with the prime minister on June 24, its leaders after threadbare discussions had decided to attend the parleys as we thought that talking is better than staying away from it and also not to give any room for excuses to the BJP leadership to blame the PAGD and other groups for not willing to respond to the offer of dialogue. Such a meeting should have been conducted prior to August 2019 when most of the political parties had urged upon the prime minister to provide them an opportunity for a hearing before any decision is taken, but in vain.

Participants insisted for the agenda of the meeting which was not made public. But most of the participants in the meeting expressed concern over the government’s decision to revoke special status of J&K, downgrading and bifurcating it without taking stakeholders of erstwhile Jammu and Kashmir state into confidence. There was no consultation whatsoever with any significant opinion from the region and the fact remains that it was imposed by the union government unilaterally and arbitrarily. The procedure adopted was unconstitutional and it amounted to not only disarming the people of the region of the constitutional guarantees provided to them by the Constituent Assembly of India, but also undermining the very bond of relationship between J&K and Union of India. It also dismantled the constitution of J&K, adopted by the Constituent Assembly of J&K which ratified Article 370 thereby approving the accession of J&K with the country. It also was a big blow to the very basis of our federal character of the constitution.

During the meeting apart from restoration of Article 370, 35-A, full statehood with protection of land and job rights for locals, various other issues of public concern like development, indiscriminate arrests, gagging of media were also taken up by the participants. One of the views expressed by some participants was that we should wait for the outcome of the writ petitions challenging the validity of revocation of special status and J&K Reorganisation Act-2019. It was also said that whatever is pending in the Supreme Court regarding these issues concerning J&K amounts to contempt of court if debated publicly.

This is erroneous. The purpose seems to deprive the people to raise their voice in defence of their legitimate constitutional rights scrapped without their consent. If this view is correct, why didn’t government of India wait for the outcome of the writ petitions challenging Articles 370 and 35-A by “We the Citizens” in the Supreme Court.

While replying to the discussion union home minister linked the completion of the delimitation exercise in J&K as the basic requirement to hold assembly elections in the region. However, linking the delimitation process with the polls is bizarre as redrawing of the constituencies could have been done after holding the polls just like the Assam. Constitution of Delimitation Commission itself is under debate among the people and there are serious suspicions regarding the purpose of initiating the process at this juncture.

Despite a freeze brought in by then J&K government both in the state assembly as well as in the Supreme Court in 2002 on such process till 2026, the process was afresh initiated and the commission constituted after downgrading and bifurcating the erstwhile state. The home minister also focussed mainly on holding elections after completion of delimitation process. He acknowledged that almost all the participants demanded restoration of statehood which the government is committed to within and outside the parliament. He further “assured” the participants that statehood will be restored at an “appropriate time.”

There has been no concrete assurance regarding the legitimate concerns of the people of the region in the meeting and it has only added to the long list of disappointments. Already the confidence level of people is very low. The least to restore credibility to the electoral process necessitates the restoration of full statehood (not like Delhi) before electoral process is initiated.

Jammu and Kashmir has also suffered a lot on the economic front after August 2019. While the country has seen two lockdowns due to the Covid-19 since 2020, Kashmir continues to be under security crackdown right from August 2019. Economy of J&K has virtually collapsed as tourism, trade, handicrafts and other vital sectors were badly hit in the last two years. Core sectors of our economy, agriculture and horticulture, have been devastated.

No more illusions. The present government at the centre is having its own agenda of authoritarian Hindutva rule which doesn’t provide any scope in general and for J&K in particular for any substantial relief whatsoever.

What is required is a sustained mass campaign in defence of federal order and for restoration of constitutional rights, full-fledged statehood with land and job rights, putting an end to indiscriminate arrests, reviewing cases of those in custody, substantial relief to all those sections who have been severely affected by the consecutive lockdowns and efforts for dignified return of Kashmir pandits.