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Article 370: Hypocrisy All Around - India, Pakistan & the Kashmiri Leadership


Ever since Article 370 was declared null and void in Parliament, the debate on the past, present and future of Kashmir rages on unabated with most of them being ill-informed, jingoistic or hypocritical in nature, be it the Indian Government, the Pakistani establishment or the Kashmiri Leadership.

Let us start with India itself and the claim of the current dispensation that Article 370 was the biggest stumbling block in the integration of Kashmir with India and was responsible for all the unrest, hence had to be abolished.

Firstly, if Article 370 was such a stumbling block in the process of National integration then article 371 should also be treated similarly. Article 371, also has special provisions for other States, mostly from the Northeast, aimed at preserving their unique culture, much like the logic behind J&K. Why then Article 371 is continuing? Or could it be that national integration is more about integrating people than integrating plots of land or abolishing legislations?

Secondly, the assertion that Article 370, was the reason for the unrest and rise in extremism is pure bunkum as there is no correlation that has ever been established between the constitutional provision providing special rights to the state and extremism.

A dual charade is being played out in the Indian media for the consumption of the gullible and the xenophobic that Article 370 was abolished in an absolutely constitutional manner and that Kashmiris have accepted the change with an open mind.

The manner in which the change was implemented is anything but democratic. The highhanded approach of turning Kashmir into a veritable jail and clamping down on all possible political opposition does not bode well for democracy. The act of dismembering a state by bypassing the state legislature enabled by its dismissal is a frontal assault on the very concept of “Union of States” as envisaged in our constitution.

Lastly, the background of shuttered shops and deserted lanes, said more about “normalcy” in Kashmir than the loquacious statements made by NSA Ajit Doval while posing with a few locals, trying to project a sense of normalcy. The real test of normalcy will not be Eid or Independence Day, with Kashmir under the shadow of the gun, but on the day when all restrictions are lifted.
                                                 
Focusing on the second major actor in this entire tragedy i.e. Pakistan, the less said, the better. They have become the self appointed champions of the Kashmiri cause for everything ranging from Human rights to plebiscite to territorial integrity of Kashmir, while conveniently forgetting that it was Pakistan which sent in Pashtun tribals and their army regulars in 1947-48 who killed, pillaged and ravaged innocent Kashmiris, forcing the state to accede to India.

On the issue of Plebiscite, again Pakistan chooses to selectively forget that the resolutions adopted at the UN were to be implemented sequentially and the first requirement was that Pakistan would withdraw all its militias and regular forces from the parts of Kashmir they have occupied. When Pakistan refused to withdraw, the rest of the resolutions became inoperative consequently. It is duplicitous for Pakistan to still selectively raise the issue of Plebiscite when after seventy years later both the demography and the cartography of Kashmir has changed with now an overwhelming majority of the population in Pakistani Occupied Kashmir being Punjabi in origin, by design. I also wonder, where were the champions of Kashmir in Pakistani intelligentsia, when Pakistan willingly ceded parts of Kashmir to China without the consent of Kashmiris or their leaders?

Over the years, in Gilgit-Baltistan, Pakistan has brought multiple administrative realignments and in many ways, the residents of PoK are still treated as second-class citizens in Pakistan. Is that not a violation of basic human rights of Kashmiris? And how are the administrative reorganizations carried out by Pakistan any different than the ones being implemented by the Indian government?

Last but not least, I would also like to ask some pointed questions to my fellow citizens from Kashmir. The first being that with article 370 being in force for so many years, did it result in any peace or prosperity? The answer is irrevocable “No”. Then does it not make sense to give peace a chance by embracing this move of the government and probably reap the benefits of integrating with one of the largest and fastest-growing economies of the world?

Secondly, I would like to remind all my fellow citizens from Kashmir that it was the Indian army that protected the ordinary Kashmiri citizens from rape, plunder as well as an alternative future; as a second class citizen of a failed state as is the fate of the residents of PoK.

Thirdly, I would also like to remind the people of J&K that J&K has received 10 per cent of all Central grants given to states over the 2000-2016 period, despite having only one per cent of the country’s population, as per an analysis by The Hindu. This has resulted in schools, hospitals, infrastructure etc. in Kashmir that is sorely lacking in PoK across the border.

I would also like to ask the so-called Kashmiri nationalists like Geelani, “Why were they silent when Pakistan ceded parts of PoK to China?” “Why were they silent all these years, when citizens in Gilgit-Baltistan did not have basic rights in Pakistan?” “Why were they silent on human rights when there was the ethnic cleansing of Kashmiri Brahmins?”

Resolving the Kashmir conundrum requires honest intentions, not hypocritical grandstanding. I hope that the Indian government lifts the restrictions at the earliest and initiate a process of dialogue to find a political middle ground with Kashmiri leadership that includes the restoration of statehood for J&K at the earliest. I also hope that the J&K leadership realizes that Article 370 is now past and is not a necessary condition to craft a prosperous future for Kashmir as an integral part of India while retaining its “Kashmiriyat”, “Jamhooriyat” and “Insaniyat”.


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