Jammu and Kashmir: Kashmiriat vs. seperatism

by Sudhanshu Tripathi 11 August 2019

Unusual
situations mostly demand unusual actions. This is what happened in case of
revoking Art 370 and superseding 35A of Indian constitution with respect to
special status and such privileges enjoyed by the erstwhile State of Jammu
& Kashmir. Further, the State has been divided into two Union Territories
as J&K and Ladakh. In fact, these privileges though meant to preserve the
kind of then existing Kashmiri culture of common Kashmiri populace in the State
later became a weapon in the hands of the rulers of, now confined in two
families with like-minded pseudo leaders of the Kashmiri people, to browbeat
the Indian Union to not extend its tentacles of legal powers provided by the
Constitution of India in the larger interest of the State as well as the country,
which is solely responsible for maintaining unity and integrity of the whole
country including that of the J&K. Though Art 370 is a temporary provision
as mentioned in the text of this very article, the 370(3) undoubtedly forbids
the President of India to not abrogate this article without seeking the express
consent of the Constituent Assembly of the State, it obviously precludes any
likelihood of such a grave crisis continuing for the past four decades where
gruesome violence, horrible terror and uncontrollable mayhem have become the
order of the day.

For
the given period the State has mostly remained under President’s rule except
few intermittent spells of popularly elected governments which grossly failed
each time to honour and perform their constitutional duty and obligations.
Consequently, the onus always fell upon the Union government which has no
option but to carry over the administration of the State by invoking Art. 356.
That always raises a question each time regarding justification of imposing
President’s rule in the State, in terms of gross violation of the Indian
Constitution by deliberately encroaching upon the powers of the elected
government. Obviously the issue emerges as to whether the Constitution is a
dead-instrument wherein what is written in black and white ought not be changed
at any cost or it is an evolving text meant to apply on living human beings for
sake of their welfare and also to remove their difficulties in tune with
changing times. This is why an ideal Constitution always evolves with the
evolving human societies. Hence the Constitutional provisions cannot foreclose
the changing demands of the society to accommodate people’s wishes and
aspirations. Similarly in the J&K, the Indian Constitution cannot overlook
or ignore the ground realities of persisting macabre violence and butchery of
the innocent Kashmiri people for such a long period by the Pakistan supported
cross-border terror networks with whom these pseudo-leaders of Kashmir maintain
close nexus to perpetually serve their mutual vested interests.

If Pakistan’s goal is to destabilise India – as the Pakistani leaders are crying hoarse in their Assembly – with whom it has already lost four wars and the trauma and agony of the defeat always pinches the rulers and military in Islamabad, the so-called Kashmiri leaders simply want to secure their privileges forever for continuing their dynastic rule in the State by misleading the common masses as regards impending threat on their autonomy and privileges by remaining cut off from the mainstream India. Hence these so-called leaders like Abdullahas, Muftis, Hurriyat leaders etc., instead of focusing on common man needs like, education, employment, medical services, economic growth and overall progress and development as all other state leaders in India are doing, themselves provoke the uneducated Kashmiri youth to collude with Pakistan’s instigated terrorism in the State and resort towards separatism so as to create and maintain panic and terror in State and also to serve the global jihad for pan-Islamism aimed at creating global Muslim solidarity for establishing Ummah (a global communion of Muslim faithfuls). In fact, these pseudo-leaders are obviously the very part and parcel of this terror agenda for which they are receive huge amount of money as well just because they have anyhow managed themselves to retain power by being the leaders of the people at large. This is why, they never want the revocation of the Art. 370 and Art. 35A, because that will make them irrelevant vis-a-vis the Union government and mainstream India.

Further,
as the ancient history of Kashmir points towards centuries old cultural
similarity with ancient India’s rich cultural traditions of humanism, religious
tolerance, and universal moral values when the region had been the abode of
Buddhist monasteries and Hindu ascetics. These were intensely protected and
preserved by the ancient Hindu Maharajas of Kashmir. Their glorious past and
historical contributions with cultural specifics have been well described by an
ancient Sanskrit Kashmiri scholar Kalhan, in his classical work Rajtarangani. Even Islam when arrived in
Kashmir recognised the unique cultural pluralism or syncretism or communal
harmony in Kashmir and also extended its support for this rare distinction to
survive. All these were deliberately eroded with the passage of time by these
pseudo-leaders who became play-boys in the hands of Pakistani rulers and its
ISI, just for sake of their own vested interests.

There
is another angle as regards scrapping of the Art 370 to the State and it pertains
to geographical contiguity of J & K not only with Pakistan but also with
China and Afghanistan. While Pakistan is hell-bent to capture the valley if not
the entire J and K on grounds of muslim brotherhood, China has its vicious
imperialist designs over Ladakh after capturing Aksaichin from India in 1962
Sino-Indian war. While Pakistan and its notorious ISI have been fomenting
troubles in the state and exporting the cross-border terrorism into state for
around four decades  so as to create
civil war in the entire country or causing community based riots to destabilise
the country, China is providing its maximum support to Pakistan in its all evil
designs against India like providing logistics to terror groups, financial
assistance, latest kind of armaments and ammunition, modern weapons and missile
technology, submarines, nuclear enrichment technology etc. along with open
support to Islamabad against India in opposing terrorists who are to be
declared as global terrorists by the United Nations. With the US getting ready
to withdraw its forces from Afghanistan, the likely scenario will be more
dangerous for the State and India

Thus,
the abolition of the special status will obviously complete the ongoing process
of annexation into the India Union as it was a temporary provision and will
bring back misguided and stone-pelting Kashmiri youth into the mainstream
national politics of democracy with growth and development and also block the
road towards separatism. As Nehru said in the Parliament: “Article 370, as the
House will remember, is a part of certain transitional provisional arrangement.
It is not a permanent part of the Constitution. It is a part so long as it
remains so.” As obvious, it has lost sanctity and very purpose for which it was
formulated because Kashmiriat does not stand for terrorism, separatism or the
obsolete “two-nation theory”.

Against
these scenario what were the options before the Union government after taking
oath of faithfully discharging the duties conferred by the Indian Constitution
to maintain unity and integrity of the entire country. Should the continuing bloodshed
be allowed to continue and let innocent persons be allowed to be butchered by
the terrorists and Islamic fundamentalists for their no fault?Shouldn’t India, while taking recourse
to various constitutional provisions like 257, 257A, 258A, 356 or removing 370 as
a last step, go ahead to restore peace and security in the crisis-ridden state
so that constitutional machinery may properly function there and the way
towards genuine political participation, economic development and social
progress be initiated? With Kashmir becoming normal and safe for common man in
the coming future, the full statehood will be restored as the Union government has
declared in the Parliament.   

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Author: Sudhanshu Tripathi

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