Peace In Kashmir
By Rajinder Sachar
14 August, 2010
Kashmir Times
The reaction to Prime Ministers statement on the question of autonomy is on expected lines - cynics say it is not enough but do not conveniently spell out the details. Concerned with Human Right violations in J & K a team of PUCL including me have been visiting J & K since 1990 and given our reports critical of the government. I again went in 1993. It was a sad experience, and on my return I said publically "I do not know how and in what manner Kashmir question will be solved with its nuances of Azadi, Plebiscite and greater autonomy. But one thing is certain and that is India will remain the loser unless the face that it presents to the people of Kashmir valley is humane, compassionate and understanding. At present that face is ugly and insensitive". I never thought it could ever become worse. But unfortunately it has - the school children throwing stones are the targets of lethal guns fired by security forces. Even in common idiom "if you hit me with stones, I will return it with bricks". But the security forces have turned this on head by returning with bullets. There are limits which no civilized government can cross - unfortunately Kashmir and central govt. let the security forces do that. The killing of three security guards at Sopore shows the dangerous situation.
It is a sad reflection on the working of political parties in J & K that they refuse to sit together to find acceptable solution notwithstanding that all of them have sometime been part of government of J & K
But equally the strategy of central government is fudgy. Home Minister Chidambaram comes out with what he thought was a brilliant coup by agreeing to hold talks, and especially mentions Geelani as the pivotal point. Those who advised him seem to be totally impervious to the openly reiterated position of Geelani (that he is asking for plebiscite in the hope that J & K will opt for Pakistan).
It has to be recognized that youths throwing stones are expressing their sickness with all parties in valley and demand a permanent answer to the future of valley. Prime Ministers statement on the autonomy has given an opening. But is must be appreciated that this step would necessarily involve all political parties of India and including those of J& K. This requires immediate release of Yasin Malik, Shabir Shah and no restrictions on Maulvi Omar and even Geelani (of house arrests). All these leaders must be asked to come out clean with their concrete solutions instead of taking cover of asking India to sort out Kashmir question with Pakistan. No doubt Indian and Pakistan governments will have to continue talks to arrive at a mutual agreement but prior to that if the government and parties in India arrive at an agreed solution, it is only then that a permanent solution can be worked out.
The puerile argument of Mirwaiz and Geelani that solution must be found for "whole of J & K, which existed in Pre 1947 as one unit with option to join Pakistan is a non starter. In that context it is well to repeat the opinion of Jurist Alastair Lamb (obtained by Pakistan) that "it can fairly be said that in deciding to accede to India, the Maharaja of Kashmir was well with his rights according to 1947 Act which had nothing to say about communal issues in this respect". Will these gentlemen now ask Pakistan to vacate the portion of J & K under its occupation?
And when they talk of whole of Kashmir, will they also spell out what their plans are to retrieve thousands of square miles in Aks Chin (J & K) having been permanently ceded to China by Pakistan. And while at this they may also explain to their constituents as to how to undo the Baltistan Gilgit package (area of J & K in Pakistan) which has now by legislation been incorporated in its territory and Pakistan's direct control of Northern areas. So who is befooling whom with the so called nostalgic mention of J & K being continued as a practical solution.
I do not believe that Pakistan or leaders like Geelani are so ill advised as not to recognize that the part of J & K on Indian side is sacrosanct and non-negotiable. Nor I believe that all the parties in India can be so dense as not to accept the ground reality that considering the price that J&K has paid in terms of human misery during these 2 decades of militancy and alienation that has been built-up, now it would be illogical for Indian leadership to hope that talks can take place within the parameters of the normal Centre State relationships.
In order to give such reassurance, Central Government should concede that apart from the subjects acceded in 1947, namely Defence, Foreign Affairs, Communication, currency to the Central Govt., the rest of subjects will vest in J&K State Govt. In order to further reassure the people of J&K Central Govt. should agree unilaterally to withdraw all Central legislations which have been extended upto date to J&K. It will then be upto to the J&K legislature to pass new laws or apply those laws with suitable modifications as they feel necessary. Some well meaning people react adversely to this suggestion on the ground that this would be creating special category unlike the other parts of the states. But why should it surprise anyone because J&K is a special case and is so recognized in our Constitution by Article 370, which is non derogable. This suggestion of mine is only putting life to the original content of Article 370.
But that does not mean water tight separation of two parts of J & K. In fact all efforts have to be made to continue the underlying oneness of the State. Thus so far as the borders between the two parts of J&K are concerned, they can be made as porous and as free as between USA and Canada or even like as at present in the European Union. People belonging to each side should have no problem not only in traveling but in even having trade with each other freely.
Of course ordering judicial enquiry into all these killings is immediate. As an immediate gesture Armed Forces Act must be withdrawn straightway. Even an individual can use appropriate force, if necessary - of course subject to judicial scrutiny -so why keep this legislation alive when it is admittedly an impediment in peace returning to the valley.
The Holy Ramzan starts - may it usher peace and understanding to all of us.
