The Kashmir Puzzle : Simplifying Jamhooriyat, Kashmiriyat and Insaniyat.

​Kashmir is experiencing a steep rise in the militant activities and violence. All the claims of normalcy have been exploded by recent incidents and the ongoing uprising. All the strategies of Indian state to control the resistance movement proved to be futile and yet they are being applied time and again. Result of this misdirected approach is that with every passing day the situation is becoming increasingly alarming.

If a black Smith is given the job of a gold Smith he can produce anything but ornaments. It is quite obvious that his tools are meant to mould the iron. Roughness and strength are indispensable components of his sickle. Fine articulation, skill and technique needed for making ornaments cannot expected from him.

But in kashmir, the assignments which were supposed to be carried out by the democratically elected government are taken the forces who are trained to kill and whose curriculum simply revolve around this trade. The events in the past and which are happening today force us to assume that in kashmir we have a dejure democratically elected government to give a cover to the defacto military rule.

Indian establishment seems to be one among those who refuse to be objective. Resolution through meaningless talks under the garb of Jamhooriyat, Kashmiriyat and Insaniyat only provide a modus operandi, and not the solution itself. Those who are least concerned in the kashmir dispute can suggest such a way out. But for the people of kashmir for whom the resolution of kashmir dispute is a matter of life and death, it is a fuitile exercise unless it reflects the wishes of kashmiri masses. As a matter of fact it cannot be ruled out that offer of negotiations is not motivated by sincere desire for seeking a resolution but an attempt to keep the leadership in a fuitile exercise of talks. This is often used to provide a cover and to buy some more time to break the will of the resistance through extensive use of force.

Within India and Kashmir, there have been some propagandist intellectuals who consistently concoct stories and interpret events to the liking of the Indian policy makers. That is why they are now projecting the kashmiriyat to serve various purposes. It serves as a proxy for Indian nationalism, where it becomes undefendable. Secondly, it changes the demography of the resistance movement and confines it to the kashmiri speaking areas only. Since kashmiriyat is a common thread between the communities based in kashmir only and not the ones living beyond it, a solution on the basis of kashmiriyat makes people of Poonch, Doda, Rajouri and Kargil irrelevant to any discourse related to a solution based on this analogy.

In order to create a conducive atmosphere for dialogue, there must be the respect for basic human rights, which are inalienable.

But the constant harrasment, killing etc. of innocent Kashmiris who are demanding the realization of a basic internationally recognized human right i.e. right to self determination, has also grounded India’s claims of being world’s largest democracy. Instead of being rehabilitative, Indian state is being punitive to the people of kashmir which shreds the India’s slogan of Insaniyat.

Time and again, the separatist political leaders have been put under constant house arrest and in such a way India has narrowed down the political space of such leaders right from the inception, thereby punishes them for holding a different ideology other than that of the Indian state, which makes one realize the Jamhooriyat in Kashmir.

It is not that I am biased against the Indian security forces , but the atrocities committed by India were confirmed by the CM herself from the podium of Independence day celebrations where she accepted that Indian army used to use Kashmiri’s as shields during encounters and in a media briefing she accepted that SOG used to take innocent Kashmiris for forceful labour which is just the tip of the Ice-Berg. Mehbooba also made a delusioned claim that the incidents of 2010 and 2016 are different, which is totally wrong. The context of both the uprisings is the same which is the atrocities committed upon the innocent Kashmiris. The difference lies in the cause of bursting the bubble. In 2010, it was the Machil fake encounter, Shopian dual rape and murder etc which instigated the people to protest against the atrocities, and in 2016 the instigation came from the events like talks on creation of separate colonies, cat-pigeon analogy and finally by the encounter of much loved Burhan Wani. The constant denial of justice by Indian state has further helped in alleviating the present crisis. Peace without justice is impossible. 

India’s rhetoric that Kashmir issue is a law and order situation which can be solved by financial packages and jobs proves that indian state’s vision with respect to Kashmir is suffering from a serious illness. It is pertinent to mention here that the irony is ruling the state at the moment as the two coalition partners in the state have 2 opinions on this issue and yet they are sharing the power corridors. The denial of Indian state to accept that Kashmir is a political issue is pushing the kashmir’s future into a political quagmire and it also reaffirms the Indian state’s non-seriousness in solving the kashmir issue. It can further be measured by the fact that instead of banning the use of force, the state is replacing the pellet guns with some other weapon. Why aren’t they equally dedicated in solving the issue so that the need to use such guns or grenades do not arise?

Source of sustenance of the movement is not the human body nor the material it avails but faith whose control is beyond the capacity of any ruthless force. Army can kill the militants, but not the militancy. Indian home minister’s statement that India’s future is not possible without Kashmir, least to say, is manipulative and also the nationhood of India should not be so fragile as to crumble with any solution of the kashmir dispute. Kashmir demands a forthright policy aimed at resolving the dispute once for all. The policies of Indian government are responsible for the upsurge of the hostile situation which they faced in 2010 and are facing at the moment. It’s policies towards kashmir suffers from an error of generalization.

BJP right now is facing the catch 22 situation with respect to kashmir issue. Fearing annihilation like that of Field Marshall ayub Khan and Bhutto after the Tashkent and Shimla agreements, respectively, BJP is not taking any bold steps as they fear that it may make them to pay a huge price in the upcoming elections, and if they stop talking about fulfilling CBM’s then their coalition in Kashmir will be at stake. This being the reason, they are not coming clean on holding dialogue with the separatist political leaders.

Instead of using force, India must try to rehabilitate the wounded hearts of Kashmiris. There are three ways to win over a heart viz. muscle, brain and heart. India has tried both muscle and brain now it is time to give heart a chance.

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Radicalized: Am I?

More important than declarations are actions, such as making development for all possible and upholding the democratic rights of the citizens. But as soon as Narendra Modi led BJP came to power the political paradigm in India changed and the scholarly brigade of the BJP started to roll out their kind of terminology. It is not that the previous government was without a blemish, but the state of affairs was not as grave as it is now in India. The BJP brigade started to target the people on the basis of their eating behavior and even on holding ideas other than the BJP’s, as their politics spins around communalizing the society or in a way we can call it “radicalizing” the youth. In a recent statement given by INC’s Tom Vadakkan, on an NDTV show, he said that the “radicalization has become an industry”, and he was right in saying so, as it was the same industry which helped Modi in 2014 elections, and the same policy is functional post 2014 as well, be it killing people on the basis of eating beef or suffocating the right to freedom of expression and so on. For the people of India, who were expecting Acchay Din, the tables turned in such a way that they had to prove their nationalism in order to live in their own country. And those who refused to follow such fascist diktats were branded as anti-national and suggested to leave India. The reason and rationality were confronted by the delusion and delirium, which the Indian state, since inception, is executing in Kashmir.

In relation to the Kashmir, previously, such scholars had restricted the usage of the words of their glossary to “militants”, “sympathizers”, “extremists” and “separatists”, but now the inventory is being made non-exhaustive and the word “radicalized” is being used recurrently as, in an unprecedented experience, the unarmed youth of Kashmir are taking on the army at the encounter sites. This, for sure, depicts the love and affection of Kashmiris towards the militants and their cause and it also depicts their resilience. And why shouldn’t the youth pick up the arms and stones to wrestle the oppression, where a democratic deficit is symbolized and every democratic channel to dissent or contest is choked. That is what people do to fight tyranny and same was done by the Indian nationalists during British Raj. There were the people who the British used to address as extremists, and yes no one has forgot the Mutiny of 1857. Were they all radicalized? The Indian regime in Jammu and Kashmir provoke the violence by committing grave offences which are obscured with greater violence, which also has become an industry, and this supplements the hatred towards the Indian state. In Kashmir the so called security forces are trigger happy and the Indian state always remains dedicated to divert the attention from their misconduct, which leaves the “rule of law” in shreds. It is a fact, defended by the Amnesty and other human rights organizations, that the internationally recognized human rights are grossly violated in Kashmir and even the constitutionally guaranteed rights is a sham here. Domestic and international laws are not just prescribed cliché systems, but the general meaning and implications are clear enough and Indian state has not even shown a bit of decency towards either one.

The rhetorical frameworks which are a “durable” and “crucial” of Indian diplomacy with respect to the Kashmir inherited and convoluted by the succeeding legion of Indian statesmen which fundamentally remains unchanged over the time has again been rejuvenated, whereby the Indian intellectuals are promulgating and emphasizing on the “radicalization”, as well as are trying to create a binary around the words “educated” and “unemployment“, and is one of the frameworks under which the Indian state is attempting to obfuscate the real issues related to the Kashmir. The youth of Kashmir either educated or uneducated is well aware of the facts, the conflict and the situation in Kashmir, where the word conflict is a common euphemism for India’s aggression. The Kashmiri youth do know about the mass graves, the people who disappeared in thin air, and the rapes that were committed to suppress the dissenting voices, which is not abstract. The youth do not need to get acquainted with sufferings which the Kashmiris have put up with, and the present course of joining militant ranks is more of an “action-reaction” binary. The fact remains that the dictionary of the Indian intellectuals is trying to distort the meaning of the word “radicalization”, in relation to Kashmir, in a pretty euphemistic manner. Indian state also needs to understand the fact that the education exposes a person to the realm of understanding and becoming conscious about the reality, which has served its purpose in the Jammu and Kashmir as well. And for the sake of argument if it is taken that the educated youth prefer gun and stones over a secure career, then India needs to ponder, why? By labeling the educated youth of the valley as “radicalized”, the Indian state is trying to portray the youth as the economically frustrated lot and is trying to center the issue on the economic facet, which outrightly needs to be dismissed. The concept is repeatedly deployed to justify the destruction of peace and to impose the puppet regimes in order to guarantee the stability.

Furthermore, the another framework Indian state is attempting to create is the phrase “law and order situation” and by saying that the Kashmir issue is nothing more than a law and order problem, depicts either the non-serious attitude of Indian state towards solving the Kashmir dispute or the lack of understanding the dispute itself. In order to make a good understanding of the term “law and order situation” the government of India needs to analyze the recent events in Haryana or the Patel agitation in Gujarat and compare the standard operational procedures, in relation to Kashmir, with which both the disturbances were dealt with. There has been an effect: some people are synchronized to this propaganda. But none of this has ever conceived the intended objects in past neither will it serve the purpose at present or in future. It is very hard to subsist with cognitive dissonance: only a true skeptic can trust in one thing and do/say another.

Human rights and Kashmir.

From the very inception of the Kashmir insurgency, people started to disappear. Since 1989, more than 8000 individuals have disappeared, a figure that has always remained to be disputed as the state authorities claim it to be lesser. Recently (2011), in northern areas of Jammu and Kashmir several unmarked graves were found. And many of the graves contained more than 2 individuals up to 13. This clearly proves the fact that Kashmir has been a victim of genocide. On this the Indian State used to say that the persons buried in mass graves are the foreign militia who had crossed the borders. If the fact is so then why does not India allow a probe into such graves for the sake of the families of the disappeared persons? India has allowed UN special rapporteur on minorities and UN special rapporteur on human rights but has refused the access to the UN working group on arbitrary detention or the UN special rapporteur on extra judicial killings. Another draconian law with which the uniformed men are vested is public safety act (PSA). In its shadow anybody could be detained on mere doubt, and the security forces, so called, do use it extra-judiciously i.e. for their monetary purposes. Even the international human rights organizations have lost faith that they once had on Indian state. The country specialist for Amnesty International, Govind Acharya, said that detentions through PSA can last for up to two years and thus pale in comparison with enforced disappearances and the numbers are ominously similar. He also called PSA a form of ‘ legalized enforced disappearances’. According to Acharya, the “victims of human rights violations from all sides of the conflict can expect very little from the Indian state of Jammu and Kashmir”.

Since these 20 years of brutal crimes, innocent people of Jammu and Kashmir have been subjected to the atrocities by the armed personals. Numerous women were raped, molested and teased by the men in uniform. Numerous subjects of the state were murdered and were molested in one or the other way. The people of Kashmir had been cry from inception regarding the issues but no one paid heed to them. But the accidental discovery of mass graves by Razia Sultan in BELA district of URI in north KASHMIR, where she found scores of freshly dug pits with 17 human bodies in them. “The monkeys were trying to extract and eat flesh,” she recalls (http://kashmirlife.net/the-daughter/ ). Also now the recent reports and investigations regarding grave human rights violations in Kashmir have turned out to be an eye opener. The recent reports by guardian (http://www.guardian.co.uk/world/2012/jul/09/mass-graves-of-kashmir ) and newyork times ( http://www.nytimes.com/2011/08/23/world/asia/23kashmir.html?_r=0 ) have also brought it to the spotlight. Not only these cables but many others have also investigated in the human rights violations in Jammu and Kashmir. These reports do without any doubt point finger towards the men in uniform, may be others are also involved, but that doesn’t give a clean chit to the men in uniform.

All such acts of human rights violations are to be resisted, investigated and the ones who committed such crimes are to be brought to justice. Human rights courts or tribunals have proven successful and fruitful in Europe and other countries, as well. And also the courts of our state are already having piles and heaps of cases yet to be decided. Also the cases of human rights violations for their proceedings require the judges who have expertise in human rights law.

Setting up such a court in Jammu And Kashmir State will be a landmark step, by the state of Jammu and Kashmir and State of India, towards the protection of human rights and administration of justice. And as we know, the governments do not act by their own, in any part of the world. It is the revolutions that force them to either cope up with the ideologies of people, or else are overthrown by people. But such things are possible and had been possible in past by mass support.

 

We by uniting and supporting each other can force the Jammu and Kashmir government to bring in a charter for setting up of a Human rights court. Such an act will send jerking and jolting tremors to the oppressors’’ nerves, which will force them to reconsider the judicial system in Kashmir. With the enactment of armed forces special powers act (AFSPA), state administration has been paralyzed, and pushed to a corner with a status of a “nonchalance spectator”*. The armed forces abduct the activist residents of Kashmir, most of whom do consist teenagers, without prior permission from the local administration i.e. DDC and other high administrative officials. This creates an atmosphere of tension and whimsical situations.

* Quotes:

https://globalvoices.org/2016/07/27/critics-of-military-impunity-take-on-indian-administered-kashmir/