On
Monday 5 August 2019, India’s government decided to revoke two articles of the
constitution that offered special privileges and status to its northernmost
state, Jammu and Kashmir. When the constitution was drafted, the ‘Constituent Assembly
of Jammu and Kashmir’ was the only authorized body that could abrogate these
articles. However, on 26 January 1957, that assembly died by dissolving itself,
without recommending changes or revoking the articles. Jammu and Kashmir became
the modern Trishanku.
*****
The
Trishanku story is part of Ramayana, the Indian epic. King Trishanku had this
unusual ambition of travelling to heaven with his body intact. He asked Rishi
(sage) Vasistha to help him. This is against the laws of nature, said Vasistha,
a mortal’s soul can reach heaven but not his body. Trishanku stubbornly pursued
his fantasy. He approached rishi Vishvamitra, a rival of Vasistha. Their rivalry
was as bitter as that between India and Pakistan.
Vishvamitra
accepted the challenge, chanted the powerful mantras, performed the necessary
rituals, and dispatched Trishanku to heaven. The gods in heaven were alarmed to
see Trishanku entering heaven in his own person. They kicked him back to earth.
Vishvamitra, to save his own face, created an artificial heaven in which
Trishanku could reside. He agreed with the Gods that Trishanku will always hang
in mid-air with his head towards the earth, and legs towards heaven. The
unnatural ambition of king Trishanku resulted in his eternally hanging upside
down.
*****
The Trishanku
of Jammu and Kashmir, caused by articles 370 and 35A needed to be released from
its hanging position. The Indian government deserves congratulations for its
change intervention. Status quo is usually the sanctuary of the lazy,
conservatives and cowards. Let us first see what is good about this initiative,
followed by what is wrong with it. Why it will not work in its current form,
unless accompanied by other measures.
First, articles
370 as well as 35A were ‘temporary’ and ‘transitional’. Can anything be
temporary and transitional for more than seventy years? Or ever? A dispute is
not resolved by making the temporary permanent. The desire and courage to
change things is a welcome step, because it breaks the status quo, provokes a
debate, and offers an opportunity to improve or rectify the change intervention
itself.
Second,
in a democratic republic such as India, all citizens and states must be offered
a level playing field. As the nation becomes more civilized, special privileges
should gradually disappear. While, in practice, unfairness and injustice are likely
to remain part of every human society; at least constitutionally and legally,
equal rights, freedoms and responsibilities should be granted to all. A single
state in India enjoying a special constitution, its own flag, autonomy is an
anomaly in a democratic republic.
Third,
article 35 was blatantly sexist. A Kashmiri woman marrying a non-Kashmiri, even
a non-Kashmiri Indian, was outcast. She and her children lost inheritance and
residence rights in Kashmir. Farooq Abdullah, Kashmir’s chief minister for a
long time, married a British woman. Their son, Omar Abdullah, not only
preserved his residence and property rights, but also managed to become the
chief minister himself. If Farooq Abdulla was a woman, and married a British
man, the same Omar Abdulla and his mother would have become non-Kashmiris with
no rights. In 2019, what are the grounds for supporting such a bigoted article?
Fourth,
those who fear militarization of Kashmir as a result of this initiative must
remember the permanent presence of the Indian army there for the last thirty
years or so. Perennial presence of an army in a civilian society is a disgrace,
a blot on democracy. Situation in Kashmir was already bad. It may become worse,
it may become better. What is the point in keeping a bad status quo?
Fifth,
the bogey of a demographic change. Until these articles were revoked, no
non-Kashmiri individual or organisation was allowed to buy property in Kashmir.
Now, “outsiders” threaten to “invade” Kashmir, and change its demographic
composition.
So
what?
I have
always been a staunch advocate of free movement. Kashmiris can reside anywhere
in India and buy property, why can’t the reverse happen? A few hundred meters
from my residence in Bombay, I know a dozen of Kashmiris who have made Bombay
their permanent home.
In
Bombay, now called Mumbai, where I was born, the percentage of native
(Marathi-speaking) people is now reportedly between 16% and 22%. So what? The
building in which I live is surrounded by Muslims, Gujaratis, Catholics, Sikhs,
Parsees, Jains, Biharis, Uttar Pradeshis, Bengalis – none of them are the
“original” sons of this soil. So what? They have all contributed to the
development of Bombay; they provide services of some sort to one another. (This
change in Bombay’s composition has happened without any ethnic cleansing of
Maharashtrians).
When
you begin to look at a human being as a human being, demography never changes.
Sixth,
some people are angry that Kashmiri assembly was not consulted and its consent
not sought before bringing the change. True, Kashmir is currently without a
local government. A governor appointed by the Centre was used as a proxy for
the local government in seeking the consent. This was a cunning maneuver that
may not stand in the court of law. However, what is meant by the local Kashmiri
government? Over the last fifty years, it is essentially ruled by two families,
Abdullahs and Muftis. Those two families were the modern princely rulers of
this erstwhile princely state. Would
they ever give consent to lose their own privileges? Of course not. Asking
their consent is a bit like asking Queen Elizabeth whether she would like to
abrogate throne and abolish the British monarchy.
*****
As we
saw above, the step to revoke articles 370 and 35A, to bring Jammu and Kashmir
on the same footing as the rest of India, is extremely logical.
However,
logic doesn’t always work in political governance.
Two key
issues are not addressed by the revocation of articles 370/35A.
First,
this initiative fails to reunite Kashmir. Kashmir like Korea, Germany, and
Ireland was divided in two parts. All the divisions happened more than seventy
years ago. West and East Germanys finally united in 1990, and the Germans are now
a single nation. The two Irelands signed a Good Friday agreement, and merged
under the umbrella of the European Union. Koreas are still split, and we know the
devastating difference between them. South Korea is one of the richest nations,
and North Korea a brutal dictatorship that offers to its citizens malnutrition
in exchange of mandatory sycophancy. Many Koreans simply and accidentally found
themselves at the wrong side of the border.
Kashmir
was bisected completely arbitrarily, by a random line where Pathani tribal
forces confronted the Indian army way back in 1948. That line cut not only the
geography, but an ethnic community. Families were split, some members acquiring
Indian, others Pakistani passports, merely as a historical accident. All
negotiations and peace talks in the past seventy years were focused on how to
re-draw the line of control, how to divide Kashmir. What is needed is
the uniting of Kashmir. The 2019 radical step of the Indian government
fails to resolve that.
Second,
the perception of the Kashmiri people. If they perceive India as a foreign
ruling power, no technical changes will help. One side’s terrorists are another
side’s freedom fighters. Kashmiris look at the Indian State as Indians looked
at the British Empire, an alien oppressor.
An
average Indian feels that Indian Kashmiris should consider themselves fortunate.
After all, they belong to a democratic
state of India rather than Pakistan, a poorer state ruled by military for most
of its existence. This is a fallacy. The kind of freedom and liberty I enjoy in
Bombay are not available to the Kashmiris in Srinagar. If, over the years, you
see Indian army men every time you come out of your house, you won’t know about
Indian democracy. (Indian Kashmir is consistently ranked higher than Pakistani Kashmir in terms of freedom and liberty. However, this is like saying
Afghanistan should feel happier it is occupied by the USA rather than the USSR.)
If a
place can be governed only with guns, then that place is entitled to think of
the gunmen as a foreign power, which occupies and annexes.
The 5
August 2019 attempt by the Indian government, therefore, becomes a “war
initiative” rather than a “peace initiative”. Until Kashmir is united, and
until this perception of India as an occupying power is removed, that
initiative is unlikely to succeed.
A book
I am currently writing offers a blueprint as to how a “peace initiative” can
resolve the Kashmir dispute, and bring peace to the India-Pakistan relations.
Ravi