Iqbal Khan
Evolving bipartisan consensus across the Indian political spectrum has it that India has lost Kashmir; it is only holding on to the territory due massing of its military and empowering it through draconian laws. Recently, former Indian foreign minister and Bharatiya Janata Party (BJP) leader Yashwant Sinha has said that government of India has been suppressing the freedom struggle of the people of Indian Occupied Kashmir (IoK) by the use of brute force. He commented: “…state doctrine is use force to quell any rebellion”. And the government of India had “ruined its relationship with the people of IoK…We hold on to Indian Occupied Kashmir only by the fact that we have our armed forces there.”
India’s former home minister P Chidambaram’s is another emerging saner voice from within Indian political elite, supportive of a political settlement of Kashmir dispute according to wishes of the people of Jammu and Kashmir.
Chidambaram is becoming increasingly vocal since the commencement of BJP’s rule in India. Congress party has not yet officially owned his point of view, however it has not deterred Chidambaram to articulate, yet once again, what he means, just short of upcoming general elections in India.
Now he has almost moved to a stance where he is supporting Pakistan’s view point on Kashmir issue, by endorsing that “Jammu and Kashmir has a unique geographical location and history, which needs a solution in line with the demand of the majority population”. Daily Early Times attributed to him the comments: “We have to find a solution that may turn out to be unique. The whole effort should be quiet until the contours of a political solution to the problem are found. This is essential to take the process forward”. He added: “Once the broad contours of a political solution are arrived at, it should be made public at an appropriate time. We must find a solution that is honourable, equitable and acceptable to the vast majority, overwhelming majority, of the people of Jammu and Kashmir.”
Chidambaram is against any suggestion that sets “preconditions for the talks”. Besides, he has also declined to elaborate on specifics. When asked whether the dialogue would include talks on the status of J&K as an integral part of India, Chidambaram stonewalled the question by saying he would not get into “verbal gymnastics”.
Saner elements within Indian society are cognizant of the fact that the people of Kashmir cannot be silenced by sheer use of force. Voices are also being raised in India that no purpose will be served by pretending that there is no issue or there is no dispute between India and Pakistan over Kashmir. The very statement of Chidambaram as well as by some others from cross section of Indian society is reflective of the fact that there is growing realisation within India now that solution of the lingering dispute lies only in negotiations and political means.
Indian Supreme Court is currently hearing petitions over the special status of Jammu and Kashmir under Articles 370 and 35A of the Indian constitution. Kashmiris reject this legal process which they term as nefarious BJP design to fast track envisaged change in the state’s demographic character. In 1949, Jawaharlal Nehru struck a deal with Sheikh Mohammed Abdullah, an influential political figure in Kashmir, and inserted Article 370 into the Indian constitution.
The article defines Kashmir’s political relationship with New Delhi by granting special status to J&K. It restricts New Delhi’s legislative jurisdiction to defence, foreign affairs, and communications. In 1954, through a presidential order, Article 35A was passed under Article 370 (1) (d) of the Indian constitution. The article accords special rights and privileges of the permanent residents of Kashmir in government jobs, land acquisition and other public projects. Indian Supreme Court is to resume on petitions challenging the validity of Article 35A of the constitution in January. The Supreme Court’s hearing on the annulment of Article 35A has once again created fear in the valley.
It is pertinent to note that when the Indian government went back on its commitments and declared that the question of accession of Kashmir had been settled by the constituent assembly of Kashmir and the consequent adoption of the state constitution—upon which India started claiming Kashmir as its integral part— the UN through its resolutions 91 and 122 repudiated the Indian claims by maintaining that the question of accession of the state could not be determined by any method other than the plebiscite held under the auspices of the UN. India has avoided resolution of the Kashmir question through UN resolutions and has concocted many political and legal strategies to portray settlement of the issue unilaterally.
Azad Jammu Kashmir (AJK) President Sardar Masood Khan has aptly said that there is no military solution to the Kashmir issue and India will have to initiate dialogues with Pakistan and the people of Kashmir to find a way for resolution of this conflict peacefully.
Pakistan has always sought peaceful resolution of Kashmir issue through dialogues but India is adamant to settle the issue through military might by suppressing the voice of the Kashmiri people for their internationally recognised right to self-determination. Pakistan’s government is also working on a “Blueprint” for resolving Kashmir dispute.
It is high time for United Nations (UN) secretary-general to take a step forward and appoint a special representative to explore a viable solution to the Kashmir conflict and to ensure peace and stability in the region. UN and world powers need to intervene in setting a stage for the resolution of Kashmir issue. The dilemma is that even the UN finds itself helpless in having its own resolutions implemented because of the indifferent attitude of the big powers like USA and its Western allies. One does hear from time to time some muffled voices calling for India and Pakistan to resolve their disputes through negotiations but nobody has ever condemned the Indian brutalities and human rights violations in Kashmir or offered mediation to help the two countries in resolving their disputes including the core issue of Kashmir. Current situation in IoK is that New Delhi has totally lost the battle for hearts and minds in the Muslim-majority state. First the Governor’s rule was imposed by dismissing a government of which BJP itself was a part, and then moving the IoK under Presidential rule, at least for six months. The people of Kashmir and Pakistan have a legitimate cause in seeking the settlement of the question of accession of the state through a plebiscite.
