Prime Minister Narendra Modi has cleared the air about “mediation” on the Jammu and Kashmir imbroglio, which was necessitated due to US President Donald Trump’s repeated assertions for mediation to resolve the contentious issues between India and Pakistan.
Earlier, a senior US official said that Trump would “want to hear from Prime Minister Modi on how he plans to reduce regional tensions and uphold respect for human rights in Kashmir”.
In his interaction with Trump, Modi has said that the withdrawal of special status of Jammu and Kashmir under the Constitution of India is an “internal matter” and the issue of Kashmir would be resolved bilaterally with Pakistan. This is a sovereign promise, which ought to be urgently fulfilled.
Even after a month of restrictions in Jammu and Kashmir under Section 144, there is no reasonable improvement in the socio-economic and political life of the people. The shutdown of the internet and telecommunications network is indeed inconsistent with fundamental rights, which is why UN human rights experts have called on the government of India to end the crackdown on freedom of expression, access to information and peaceful protests in Kashmir.
They have said “the blackout is a form of collective punishment on people of Jammu and Kashmir, without even a pretext of a precipitating offence”.
UN Secretary-General Antonio Guterres has reiterated his earlier stance suggesting dialogue between India and Pakistan to resolve all the contentious issues. The challenge of restoring peace in the Kashmir Valley is daunting and the options are limited, as discussed below.
Resolving Kashmir dispute bilaterally with Pakistan
In the aftermath of scrapping special status of Jammu and Kashmir and subsequent developments leading to the lockdown there, Defence Minister Rajnath Singh had categorically stated, “if talks are held with Pakistan, it will now be PoK”. Union Minister Jitendra Singh has also said “India will free Pakistan-occupied Kashmir from Pakistan's clutches”.
Against this backdrop, Pakistan Prime Minister Imran Khan has stated that he is no longer interested in dialogue with India. And, that the Kashmir issue would be taken up with the International Court of Justice.
In view of these utterances, turmoil in Kashmir and the stalemate between the two neighbours will continue, which poses a grave threat to the worsening security situation in the region, especially at a time when India’s economy is facing a severe crisis on several fronts, such as export promotion, slowdown in manufacturing sector, lack of job creation and declining investment demand.
It is urgent to take initiatives to prepare a meeting ground, so that the issue of the Line of Control (LoC) could be settled as an International Border. The issues relating to Pakistan-supported insurgency and ways to eliminate it could also be discussed for finding an acceptable solution.
Recall that India and Bangladesh too have had an undecided border issue for decades. A concerted effort was made by both India and Bangladesh to amicably exchange the enclaves as per the wishes of the people to finalise the border. Under the agreement that was adopted in June 2015, India received 51 Bangladeshi enclaves, covering 7,110 acres, in the Indian mainland, while Bangladesh received 111 Indian enclaves, covering 17,160 acres in the Bangladesh mainland.
The enclave residents were allowed to either continue residing at their present locations or move to the country of their choice.
Likewise, India and Pakistan may also prepare a roadmap for converting the Line of Control, with or without modifications, as the International Border.
Peace accord with J&K
Despite the premise that Jammu and Kashmir is an integral part of India as per the Instrument of Accession signed on October 26, 1947, between the Maharaja of Jammu and Kashmir and the government of India, the region has been occupied in parts by India, Pakistan and China. India is committed to acquiring and controlling the whole region, but it has not been successful in having full control of the vast region.
Even when India could capture parts of PoK in the wars of 1965 and 1971, those captured areas had to be returned to maintain the sanctity of the LoC as per the UN resolution of 1948 that binds India and Pakistan to amicably resolve the Kashmir dispute.
The Modi government's decision to rescind special status of Jammu and Kashmir has not only angered Kashmiris but has also increased tensions between India and Pakistan. The leaders of opposition parties in India as well as from other countries have expressed concern about the fallout of the government's decisions.
Several political parties have also demanded the immediate release of political leaders and relaxation in security clampdown and communication blockade, which has totally disrupted life and liberty in the Kashmir valley.
Former Jammu and Kashmir chief minister and leader of the opposition in the Rajya Sabha Ghulam Nabi Azad said, “We must recognise that this is no democracy. If we fail to understand this, then we are living in a fool’s paradise. Something grave is happening in J&K and the government is trying to hide it. The media is not allowed to telecast the truth,” he said at a meeting attended by major opposition parties.
A sense of paranoia prevails in Kashmir due to scrapping of the constitution of Jammu and Kashmir and the state flag, which has hurt the Kashmiris’ sentiments. To them, there is a loss of identity and dignity as the promises made to them have been belied.
The Centre’s aim of revoking Article 370 is to have direct control over the police, along with paramilitary forces, to strengthen the security grid. But it may not succeed in containing indigenous uprisings and militancy, because almost every Kashmiri is willing to pick up arms.
In this backdrop, it is imperative to pursue the framework of Insaniyat, Jamhuriyat and Kashmiriyat, outlined by former prime minister Atal Bihari Vajpayee. The BJP-led NDA government had committed to adhere to this principle when a coalition government with the PDP was formed during 2015 to 2018.
Modi himself said from the ramparts of Lal Qila on August 15, 2017, “Kashmir’s problems can be solved only by embracing the people of Kashmir, not with bullets or abuses (Na Goli Se, Na Gali Se, Kashmir ki Samasya Suljhayge, Gale Lagane Se)”. In the spirit of these pronouncements, a search for a solution must begin.
India is a union of states that are diverse, which is why the Constitution of India provides for considerable flexibility in accommodating their sociocultural and ethnic identities. It was precisely for this reason that Jammu and Kashmir, northeastern states and others have been provided constitutional protection for preserving and maintaining cultural identities, demographic compositions and ethnicity.
Since the decision about the dilution of Article 370 has been taken without ascertaining the wishes of Kashmiris, it may not be possible to win the hearts and minds of people for removing alienation among them. It is important, therefore, to release all the political prisoners from unlawful detention and make a fresh attempt to negotiate with the leadership of Kashmir and other stakeholders to arrive at acceptable solutions to restore peace in the region.
In the past, understandings had been reached with the federating states like Punjab, Assam, Mizoram and Nagaland to evolve a framework of political autonomy and for promoting healthy Centre-state relations. The Central government has requisite experience and expertise to accommodate genuine aspirations of people in different parts of the country.
If a stage is reached to improve the Centre-state relations through mutual accommodation, the Central government may have to assure reasonable political economy to ensure sustainable peace.
Outcome: Peace in the region offers abundant opportunities for promoting trade and business as well as cultural exchange programmes while the threat of growing extremism and perceived terror attacks would be effectively contained with the help and support of all the neighbouring countries. As India is home to different religious groups, identification of terrorists from any region or ethnic groups provokes and feeds terror activities from other groups as well. This must be discouraged.
The onus is, therefore, on India to take the initiative to end the perpetuation of tensions with Pakistan and turmoil in Kashmir for reaping the long-term economic benefits and dignity in the comity of nations.
M.M. Ansari is a former member of the UGC, CIC and interlocutor on Jammu and Kashmir
The opinions expressed in this article are those of the author's and do not purport to reflect the opinions or views of THE WEEK
