The
story of Kashmir is full of pain and apathy. All we need is to have a deeper
look into what plagues us as a people.
Centre for
Policy Analysis has organized a Round Table discussion of Kashmir
situation. It is a positive step. I find
that most of the discussions held anywhere in the world are on Kashmir issue.
Despite that, Kashmiris continue to be the worst victimized people.
I need not
recount the history of the dispute, and hopefully, despite different ideologies
you are wedded to, most of you are aware of historical facts about Kashmir. My
assessment of Kashmir situation is rather simplistic. I believe three nuclear
powers are illegally occupying the State of Jammu and Kashmir, and have divided
it into four parts. Therefore I am of opinion that before seeking a way for the
freedom of Kashmir, we need to address the question of its unification.
All the three
occupational countries are at great variance in terms of ethnicity, language,
religion and geography. But when Kashmir question is dragged for discussion, we
find ourselves divided into various factions, like Gujjars, Jammuites, Dogras,
Kashmiris, Paharis, Gilgitis, Ladakhis, Bodhs, Muslims, Hindus, Sikhs, Shias,
and Sunnis.
I am running
44th year of my life in politics. You may try to circumvent Kashmir issue, but
the very nature of this issue is so much complex that it shall have to be
resolved if we are seeking lasting peace and stability in South Asian region.
If there happens a nuclear flare up in the region, the worst affected would be India,
Pakistan and China. Kashmiris will be harmed less because they have not as yet
come out of 16th century life style.
Black Laws
Indians are
not tired of repeating the rhetoric of J&K being an integral part of the
Indian Union and that Kashmiris are Indian nationals. In reality India has treated J&K as its
colony for last 63 years. Kashmir has always been oppressed by black and
tyrannical laws like Enemy Ordinance No. 3 promulgated by Maharaja Hari Singh
at the time of incursion by the tribesmen. It remains valid today and cases
against nearly 200 persons have been filed under this law. I am one of its
victims. Under this law an accused is prosecuted in a special court of law. The
decision of this court cannot be challenged in any higher court as appeal is
not allowed.
PSA can be
challenged in a High Court. Three to four months are needed for a court verdict
to appear and for that period an accused remains interned in the jail. If the
court acquits the accused being tried under PSA, no sooner he leaves the court
premises than he is arrested again under PSA. This is tantamount to contempt of
court. In fact it tramples underfoot the entire judicial system of India. We
have cases here in Kashmir in which a person is arrested and rearrested six to
seven times under PSA.
Yet one more
law envisaged to enslave Kashmir is AFPSA. Under this provision Indian rulers,
security forces and army establishment have been given a license to kill
anybody. AFPSA is assault on our honour, modesty, privacy and our very
existence. Murderers and rapists are not liable to be produced before any court
to account for their misdeeds.
Political
rights
According to
Indian constitution no restriction is imposed on forming political parties and
taking out peaceful demonstrations. But here in Kashmir whether it is the body
of government and semi-government employees or non-mainstream political parties
trying to bring out peaceful demonstrations, they are immediately responded
with lathi charge, tear gas and bullets. Peaceful protests are thus subjected
to violence and brute force.
Economic
condition
No big
industry worth the name has been incepted in J&K so far that could provide
employment to thousands of workers. We have the capacity of generating nearly
18000 MWs of electric power. But it is India and Pakistan who are deriving
maximum benefit out of our water resources. The Indus Water Treaty of 1962
between India and Pakistan squarely goes against the interests of Kashmiris. If
an agreement is signed with the central gird for generating electric power, the
state’s share is bare 12--16 per cent after the power generating houses are
erected. An agreement is signed to this
effect. The same central grid, when entering into contract for generating power
in other states, allows 35 to 40 per cent of electricity to the states
concerned.
Elections
Elections in
the State held in the past were only establishment elections. This has been the
opinion of independent observers. Large number of voters desists from casting
their vote. Thus most of the members elected from such constituencies hardly
win 10 to 15 per cent votes of the total electorate. Would you call them the
representatives of the people of their constituencies? One perennial complaint of the people is that
the chief minister of the state is invariably selected by either 7, Race Course
or 10, Jan path in New Delhi. This is
unlike the practice in other states where chief ministers are elected from the
House of Representatives.
Corruption
Even the most
heinous crime seems an ordinary event. I asked a contractor why the road he
made turned into potholes in just three or four months. He puzzled me with his
answer. He said 15 % of the allotted sum is first grabbed by the ministry; 18 %
by the departmental officials, 7 % goes to the Treasury, Thus 40 % of
allocations gone to bribery, out of remaining 60 per cent 10 % are spent on
miscellaneous expenditures. Now a road desired to be built for 100 crores loses
one half in bribery. What will the contractor invest out of only half and what
earning will he make? How the road cannot get potholed within three months, he
asked. Same is true of other departments, education, local bodies, forest,
rural development, agriculture, irrigation etc. Hospitals are virtual
butcheries and medicines meant for distribution among the poor patients are
sold in black market.
Police
State police
is deployed to protect the interests of the rulers of the time. Police and law
are no less than a curse to the people. Youngsters are picked up on allegations
of stone pelting or alleged militants and their parents are asked to pay hefty
amount if they want the release of their children from jails. Kashmir does not
appear to be like any other state of the Indian Union. With reference to
colonialism, it looks to have been under forced Indian occupation and no better
than a colony.
Our youth are
picked up and put behind the bars. But let me say that there are no play
grounds and parks worth the name in Kashmir where the youth would engage
themselves in physical activities to keep healthy. You will be surprised to
know that there is not a single stadium worth the name in Kashmir. There are
some places with signboard of Playing Ground but these are as good as ruins.
Royal Golf club is the exclusive preserve of people connected with the
mainstream political parties, financial tycoons, top echelons of the
establishment, and police officers. Rest of the gentry is denied membership.
The plots of land that should ordinarily have been turned into play grounds are
seized illegally by influential persons. Government jobs are generally
distributed among the kith and kin of bureaucrats and influential political
personalities. Nepotism is galore.
In the
background of this scenario I often think what I should be doing. My attention
goes to only two options. Either I take up a gun and launch a campaign against
the entire system or join the stone pelting youth as part of their expression
of anger. This is the story of Kashmir.
I have just
begun to imagine that the broad masses of India have, at the end of the day
begun to understand the suffering and privation of Kashmiris. I have come to
participate in these deliberations only with this hope in my mind. I have so
far participated in hundreds of conferences and deliberations on Kashmir all
over the world, in Geneva, Brussels, New York, Canada, London, Delhi, Srinagar,
Jammu and other places. I find this entire exercise in futility. People
assemble, discuss, eat, drink and go back.
I believe
India and Pakistan must cement friendly relations. Unless that happens, Kashmir
issue cannot be resolved. The two countries have adopted extremist position on
this issue. Jammu-Kashmir Democratic Liberation Party had presented a solution
formula at the Hague Conference in 1999 titled “Kashmir: Freezing to
defreeze”. Many political groups,
observers including General Musharraf had given thought to it and forwarded
their formula akin to it. I would request you to bring it under study.
This
paper was read in the meeting organized by Centre for Policy Analysis on 02 April 2011, Srinagar and published in daily "Greater Kashmir" on 12th April, 2011)
