Latief U Zaman Deva
The ascendancy on the throne of Kashmir along with its surrounding territories by non- natives began in early 14th century without any murmurs owing to subsuming of nativity in all aspects by the rulers, but on arrival on scene of Mughals during the reign of Emperor Akbar in the year 1586, due to a classic example of deception, the establishment comprising of non locals was the beginning of infliction of wounds on local polity though to some extent benign. The surrounding territories were actually the principalities of Punch, Rajouri, Kishtwar, Ladakh and Baltistan paying tributes to the king of Kashmir barring seldom disruptions due to the Tibetan, East Turkistanian and North Indian forays till the invasions by Gulab Singh, a feudatory of Khalisa Darbar Punjab, between 1822 to 1841 resulting in their annexation by occupation and extension in the territorial map of the Lahore Kingdom. The passing of political powers, after demise of Mughal rule, to the authoritarian kingdoms operating from Kabul, Lahore and London through their feudatories/ Vassals proved to be most savage reigning periods from whose clutches the people got reprieve in 1947 followed by occasional misconceived, malicious and unconstitutional bouts of political violence under the subterfuge of Constitution in 1951, 1953,1975, 1984, 1986 & 2019.The occupation by outsiders cumulatively for over 1000 years in recorded history of 4200 years preceding Muslim rule is not referred to being out of context in this write up.
End of impasse with shenaniganism
The success in British Parliamentary elections for Labour Party against the War time international hero Sir Winston Churchill led Party was a bonanza for Pandit Nehru which in subsequent developments saw the withdrawal of Viceroy Lord Wavell from India by British Govt. at the instance of Pandit Ji & installation of Lord Mountbatten as Viceroy who, conscious of Nehru’s leverage with ruling Party back home, compromised his supposed to be neutrality by sharing the Partition Plan with Nehru and Menon at Shimla prior to its placement in the all Parties meeting and it is at this crucible that the option of ”independence” for Indian rulers got deleted the ramifications thereof were faced post Independence. The Indian Independence Act 1947 came to be enacted by the British Parliament only after the infamous ”Partition Plan” was consented to by all major Political Parties and leaders and therefore both are interspersed for implementation of the scheme under consequential legal coverage provided by the Act of 1947.The principles for partition of the sub-continent on communal grounds in West & east
Covenanted with twofold characteristics of demography and geographical contiguity were sin quo non for amalgamation of States/provinces qualifying them for the purpose of constituting a separate Country (Dominion).Punjab and Bengal provinces got divided on the basis of demographic features of Distts falling on western & eastern axis respectively except Distt of Gurdaspur albeit Muslim majority falling in contiguity of western Punjab as spin off from the ideal relationship of Nehru on the one hand with the Viceroy & enchantment of Edwin Mountbatten on the other hand with scholastic & statesman like qualities of Nehru providing much needed Corridor to India from Eastern Punjab to Kashmir. Khulna, a predominantly Muslim Bengali speaking Distt in Assam and NWFP(Khyber Pakhtoonkhawa) subjected to referendum, the outcome whereof was merger of Khulna in East Pakistan (Bangladesh) and NWFP in west Pakistan, primarily due to perceptual differences amongst the parties about the political aspirations of majority of the people of these two territories viz Two Nation Theory and eventually this also resulted in the availability of a genuine corridor for Assam and other north eastern States. Incidentally, the congress party was enthusiastic about exclusion of Khulna district from Assam as against the apathy of Muslim League for its inclusion in East Bengal as the morphed territories of district Khulna, not only provided the corridor as aforesaid but also prevented for good the Assam becoming a Muslim majority state in near future.
While accepting the partition plan the Congress party took position about sovereignty, after end of British suzerainty ,vesting in people in Indian States and the Muslim League countered it by holding a diametrically opposite view favouring Nawabs/Maharajas.without any scope for 3rd option (independence) in the portion plan the rulers had to accede to either of the two Dominions but in JK, Hyderabad and Junagadh the rulers took in literal sense the provisions of the Act of 1947 inasmuch as to conclude about empowering them in person (rulers ) for whatever decision they may take on the vortex of accession. Hyderabad being the belly of India & Junagadh a coastal territory of Indian state of Gujarat the operation Polo was launched by Indian Army liquidating the resistance of untrained Razakars in Hyderabad and leaving no option for the Nawab but to surrender abysmally in face of colossal losses suffered by his main public constituency and State apparatus & the accession ealier offered by Nawab of Junagadh, in contradistinction with popular sentiments, to Pakistan leading to its acceptance by the Governor General of Pakistan repudiated by Govt of India (GOI)by itself conducting referendum. In both the cases the demography and geographical features were the main planks of defence before the world leaders and same coached skilfully in UN during the debates about the fall out of controversial accessions in Indo-Pak subcontinent, no doubt Hyderabad subsists on the Agenda of UN like Kashmir under non enforceable provisions of UN (SC) charter.
Dividends of state craft
The gradual communal outlook nurtured by British in the aftermath of Ist War of Independence& for ruling the country by demonising especially the Muslims had resonances in the Indian States where the support for freedom struggle by people depended upon the religion of the ruler.
In Hyderabad, Junagadh, Bhopal and many other realms the minority community did not participate in the freedom movement spearheaded by Indian National Congress(INC) & instead acted as a bulwark for the rulers. The above replica in States/provinces under Hindu monarchies could not have been opposite as their co-religonists were religiously their devotees to the extent of worshipping them .JK was not an exception to the prevailing state of affairs in the country. Excepting a few identifiable persons from the minorities the freedom movement was factually launched and carried forward by the majority community from the platforms of JK National Conference (NC) & JK Muslim Conference (MC). Mahraja Gulab Singh(MGS) & Mahraja Ranbir Singh(MRS) during their tenures served British with a few parallels in Indian history when former stooped low by collaborating treacherously with British resulting in annihilation of Lahore Kingdom accompanied with plundering of the riches from fledgling empire to be used later on as payment of war reparations for getting in lieu the territories of JK as described in Treaty of Amritsar & latter by joining the forces of East India Company in the Ist war of Independence of 1857 against the freedom fighters, the 2nd ruler being the Scindia of Gwalior whose mala- fide act resulted in death of ”Jahnsi ke Rani” after the ruler clandestinely fled to Bombay by denying the logistics support to her,let alone joining the fighters. Mahraja Hari Singh(MHS) being chip of the same block followed a definite plan which got manifested with sacking of R. C. Kak as PM for succession later on by M.C Mahagen, a protege of Hindu Mahasabh.His unabashed conduct during the ethnic cleansing of muslims in Dogra Loop of Jammu narrated by none other than a highly acclaimed personality of JK like Ved Bhasin would send shivers down the spine of listeners.Contrary to the impression in some quarters about the option MHS would have exercised but for the uprisings in Gilgat and punch with final trigger due to invasion by tribals from Wazeristan on 22nd October 1947 in Muzafferabad is far from reality after appreciating the account surrounding the disarming of muslims and arming Hindu chauvinistic elements under tutelage of RSS monsters in areas of total uprising against him.The grounds advanced for justifying the operations in Hyderabad and Junagadh feebled the Kashmir story as Hindus constituted over 20.% of State population with 05 % in Kashmir Valley, 36% in Jammu Division, 20.55%(Buddhists) in Ladakh & Astore, Gilgat (leased Area)and Gilgat Agency almost 100% Muslim inhabited coupled with connectivity through corridors/net-works namely Srinagar-Rawalpindi, Rajouri -Punch-Mirpur-western Punjab, Jammu -Sialkot, Gilgat- Manshera with Pakistan and none with India – all river systems drained into western Punjab in indus basin, Railway line Jammu – Sialkot and changed popular aspirations post holocaust in Punjab and Bengal. Conscious of these limitations and the fact about the freedom struggle in the State having been essentially against the despotic regime of MHS who was not in control of JK barring Kathu, Jammu & partly Udhampur upto Kud heights after he fled from Srinagar on 26th October 1947 and highly acclaimed policy of INC about sovereignty vesting in masses in Indian states together with partition plan: NC lead by Sheikh Mohammad Abdullah emerged as a supplementary substitute for overcoming the deficiencies pitted against MHS who indeed had consciously delayed the decision about accession to pave the way for construction of road between kathua and pathankot in eastern Punjab and arrival of Patiala forces in 09/1947, even as the said State had joined Indian union much before 15th August & technically these forces formed a component of Indian Army, supplemented by hordes of fanatic and savage RSS workers fanning in different parts of Jammu under supervision of kidhar Nath Sahney and his ilk with Pandit Pream Nath Dogra as a local point man .MHS in his own correspondence with MOHA admits of acting on their advice from ist September 1947 whose debilitating legal & lack of political & moral authority created genuine framework and space for accommodating NC in concluding the constitutional relationship between the Union of India and JK.
Inviolable constitutional relationship
The instrument of accession signed by Maharaja Hari Singh(MHS)was accepted by GOI conditionally which turned the former instrument into a provisional one and in absence of fulfillment of the conditionality both the documents would be inconsequential but for the ratification of the accession by the JK Constituent Assembly(CA) which conclusively establishes that its final enactments are inviolable & attempts about disruptions could unfold falling apart the constitutional edifice. Unlike the position of autonomous regions/ Provinces in the world like Quebec in Canada and Catalonia in Spain whose autonomy flows through the laws enacted by the federal Govtts; Jk is distinctly placed due to peculiar constitutional developments conferring the authority to President of India in the matter of application of various provisions/ entries of the Constitution of India to Jk on the specific recommendations made /approvals accorded by JKCA. This scheme of constitutional guarantees is peculiar to ”Associating/fedrating units” in emerging post colonial democracies confronted with integration of the multi- ethnic and national entities having nothing in common except occasional occupations in distant past by centralised Govtts. The unilateral revocation of the special status on 5th August 2019 which had evolved after deliberations & finalised by the CA is a solitary case in parliamentary democracy where ‘ Grantor” is finished abi-nitio by the ”Grantee” & more so brazenly conflating the ”constituent Powers ” with ”legislative powers” exercisable by the Governor during Governor’s/President’s reign as an ”Agent” of Central Govtt who before donning the gubernatorial mantle was a prominent figure of Hindutva brigade not ideally suited for JK being proved subsequently by his transfer from JK to Goa and now Meghlaya like an unwanted character after use for perpetuation of unconstitutional acts.The GOI & CA, as the two parties to evolution and formulation of constitutional relations, as negotiated one, between India and JK, alone could mutually relook into the scheme of the relationship in the event of impasse sans transcending the respective constituent guaranteed positions. The unilateral measures of one party only by obliterating the 2nd party through manipulative exercises got initiated by their appointee can by no yardsticks of democracy, representing popular aspirations, be clothed as democratic and transparent culmination. The discord between the parties recognised under the Constitution about the course of action for abrogation of Article 370 alternately could have been settled by conducting a referendum in JK which modus operandi alone qualified as democratic. The mandate if any at National level can’t eliminate the constitutional position of the 2nd party who is not subject to changing politics aiming at knocking down the bottom of negotiated constitutional relationship with a party not part of pan India freedom movement including its leadership having not been as an inspiration but quite distinct under separate leadership anchored in the State.
The resilience of Indian Constitution to meet the diverse aspirations of federating units was a moral authority in the armour of our leaders while sermonising the States in our neighbourhood enmeshed in turmoil due to centralisation of political authority without respect for meeting the aspirations of people with distinct geographical, ethnic & linguistic backgrounds. In one Nation one System syndrome back home in a highly diverse Country how can the case of ”Madheshi” in Nepal and ”Tamils” in Sri Lanka for share in National Assembly commensurate with population and autonomy to people with different religion and ethnic linguistics respectively find favour more so justification as the discourse propounded can be put at rest with a convenient retort from the other sides on the basis of home turf uniform policies currently in vogue.It is another matter that the Nega Truce Framework of 2017 broadly acknowledges the separate identity of Nagas necessitating special status for them.
Popular aspirations
During the last three decades of unprecedented disturbed conditions the street strikes and Hartals observed in the Valley had more often than not reverberations only in Chenab Valley except on the killing of Mirwaiz Moulana Farooq in 1990 & reducing to ashes in 1994 the mausoleum of highly revered shrine of Sheikh Noordin wali when the spontaneous response also evoked from many areas of Peer Panchal and Kargil but the response to calls twice made against the fiddling of Articles 370 & 35 A during the year 2018 through litigation in the Courts was complete in the State except in leh and Dogra Loop comprising Distts of Udhampur, Jammu, Samba and Kathua which further established the popular mood for continuous of the special status as also almost all existing & former members of parliament and State legislative Assembly from those areas were on same page including local Bars and other socio- cultural organisations. The people in Kargil observed complete shutdown for one week against separating Ladakh from JK without ascertaining public opinion & quite recently laid bare their vision for restoration of JK State as it was before 5th August 2019 & contours of Division for Ladakh in revived State. Kargil Town & other places in the Distt also observed total shut down on 5th August 2020 by declaring August 5 as a ”Black Day.The romance amongst the Buddhists with bifurcationa has proved to be a short lived stint with visible brewing disenchantment & craving for ”new order yielding place to old”. National Panther Party, headed by Prof Bhim Singh, has come out with Statements for revival of special status whose highly dedicated cadre is intact with the Party atleast in Distts of Udhampur and Samba.Carving out Ladakh from JK at the behest of Ladakh Buddhist Association amounted to yielding to non- unity in diversity with inherent negative ramifications for national unity.A poignant feature of scumbing in Leh has led to demands for inclusion of Buddhist speaking areas of Himachal Pradesh and Distt Kishtwar of JK in Ladakh by the Buddhist Youth Association & commentaries in the press of Buddhist Countries should unnerve those interested in wellbeing of the country. Almost pan State alignment towards it ought to have been reckoned apart from constitutional limitations on Hindutva mission the execution of which even Atal Bihari Vajpaiye as PM had linked to bilateral process when he maintained that ”even though BJP is committed to abrogation of Article 370 but we will not do so unilaterally”. The tumultuous response for the revival would indeed be popular ratification of the Constitutional relationship which in absence of exercise of right of self determination referred to in the acceptance letter from GOI in response to the instrument of accession is declared to have been over taken by the subsequent events more particularly the ratification by JK Constituent Assembly.
Actions with speed like apparitions in Shakespeare’s tragic plays would be repulsed democratically by the masses even though continuing overwhelmingly in utter shock and disbelief due to rupture in spiritual cord so assiduously ingrained in 1939 & 1947.where arrogance laced with divisive poisonous rhetoric abounds the cosmic justice is inevitable but not necessarily in a time frame of one party’s longings.
The author can be reached on his twitter handle @aaluzdeva
www.snskashmir.com 