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.

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/