J&K: A tenuous journey begins

Keshav ---   As  Article 370 and special status to  Jammu and Kashmere is a closed chapter. But those who were glued to the debates that were held in both the houses of Parliament are now quite familiar with the nuances of the Article and it’s by-product Article 35A.

There were two strains of conversation whenever the issue of Article 370 came up for discussion in public debate. On the one hand the supporters said that it was non-negotiable while the opponents insisted it was temporary and thus untenable.

They also insisted, as was heard during the debate, that Maharaja Hari Singh acceded to the Union of India signing the same Instrument of Accession that was signed by the other 566 principalities that were left Sovereign by the retreating British Imperial government.

Confusion and Opacity

A lot of confusion stems from this assertion as well as its vehement counter. Maharaja Hari Singh is not there to defend himself but his son, the able Parliamentarian, Raja Karan Singh can clear the air. He has earlier stated that the accession was unconditional. But in the presently charged atmosphere he should come out again and tell the nation what exactly, if any, were the terms and conditions laid down by his father and accepted by Pandit Jawahar Lal Nehru.

However, the records say that the concept of Article 370 was introduced in October 1949 when the process of finalizing the Constitution of India was drawing to a close as the last article.

Even the article 35A was introduced through a backdoor channel where the then President Babu Rajendra Prasad was asked to sign a presidential decree adding the new Article in the Constitution without the clearance of the Parliament.  When the President sought a clarification from the Prime Minister’s Office whether he was within his power to do it, the then Prime Minister Mr Nehru on record sent a letter saying, “let’s discuss it unofficially”. Unlike in many other hill states where the people from other states can’t seek domicile, Article 35A gave the state of Jammu and Kashmir the power to decide who is the permanent resident with a caveat that’s unprecedented in India’s constitutional and legal history.

The Article while talking about the right to permanent residency says that the state reserves the right to offer permanent residency for the purpose of employment, permanent residence, scholarships and professional education. Later in the Parliament Mr Nehru, while talking about Article 370, told the members that the provision is temporary and then added a few lines to the effect that it will erode in time.

Dilution and Misuse

 In some ways Nehru’s words were prophetic as the Article remained but was slowly and surely diluted. Many laws passed by the Union of India were adopted including the latest GST law. In all out of 450 Constitutional articles close to 350 have already been implemented in the state of Jammu and Kahsmir.

However, in case of article 35A, things panned out completely differently. This was used as a tool to create a new elite and perpetuate a slow and silent ethnic cleansing that culminated in the exodus of the Kashmiri Pandits in 1990.

During the debate in Parliament, many instances were quoted by members that brought out the apparent and brazen anomaly in the use of Article 35A that decides who is the resident of Kashmir. 

The provisions under the Article were used to deny citizenship to those who came as refugees from Pakistan in 1947. The Article 35A was accepted by the Jammu and Kashmir Legislature using 1944 as the cut off date effectively cancelling out all the refugees. Later during Bakshi Ghulam Mohammed’s rule, when the state sanitation workers went on strike, a large number of workers were asked to come from Punjab. When the state of Punjab expressed concern about the issue of Permanent Resident Certificate (PRC) the J&K Government said they will “accommodate” these workers. The administration made a relaxation in its PRC rule for these sanitation workers whereby they could work as safai karmcharis. Later when their second generation sought educational support and participation in education, employment and building their own houses they were denied by citing the state constitution where they were recognized as only safai karmcharis and thus could do only this particular job. While the Constitution of India and laws of the land have been working to eradicate the scourge of segregation of dalits and untouchability by promoting equality, the state of Jammu and Kashmir institutionalised permanent segregation of these workers and their families.

Similarly, if a girl from the Valley married a person anywhere in India or in any other religion her rights to property in the state were cancelled. However, if she married a person from Pak-occupied Kashmir or any other part of Pakistan these rights were retained.

The anomalies coupled with the accusations of total control on financial resources by the people in the valley led to a point where a certain section of the population started clamouring for change.

The Road Ahead

Every uprising is rooted in some sort of economic disenfranchisement. During the early 1970s and 1980s the vast majority of Valley used to accuse the Pandits of cornering all the business and job opportunities. This perception led to a point where they were ethnically cleansed from their homeland. However, the new incumbents created their own hierarchies and “cozy clubs” leading to disaffection in Ladakh and Jammu region.

The new administrative initiative by the central government will have to remain vigilant that from now on the money that reaches Srinagar ends up in the remotest villages of the valley as well as Jammu. Similarly, the money that goes to Leh also reaches Kargil, Drass, Zanskar, Nimoo, Nubra Valley etc.

If the promised new dawn at any point slips in fulfilling its promise to bring the benefits of development, the neighbours – Pakistan and China will be glad to step in to foment trouble.

While Pakistan’s involvement in Kashmir Valley is known to everyone, very few people know that China, in its long term plan, to prepare for the post-Dalai Lama phase of Tibet has been systematically promoting different sects of Buddhists in Ladakh. Till now these sects have been resisting any lure to lean towards Beijing but their patience can’t be taken for granted.

As the headlines fade the hard task of building public trust in favour of the central government by delivering on the promises of development begins. It would test every ounce of their administrative and managerial skills.

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