Bringing Peace and Justice in Kashmir

by Shahbaz Ahmad     28 June 2022

Abstract:

There has not been complete peace in Kashmir ever since the State of Jammu and Kashmir acceded to India in 1947. The people in Kashmir have been living a life under the threat of militants, the suspicion of armed forces and the misleading of separatist leaders. Along with these there was a sudden abrogation of Article 370 and Article 35A of the Constitution by the Government of India which has further alienated the people. It is time the humanitarian issues in Kashmir are addressed and a new leadership develops which vows to fight injustice through non-violent means within the ambit of the Constitution of India. Peace can be brought to Kashmir only when Justice is ensured. For this there have to be integrated and well-organised efforts by the Government, the Judiciary, Armed Forces and all related organisations and bodies.

The mention of Kashmir brings to mind a picturesque country consisting of beautiful hills, valleys, forests, flowers, rivers and streams. According to Hindu Mythology, Kashmir was created as a result of Sage Kashyap’s prayer to the trinity of Brahma, Vishnu and Shiva to rid the place of the demon who lived in lake Satisar. Finally, the demon was killed with the creation of the mountain Hari Parbat which towers over Srinagar. Historically, emperor Ashoka founded Srinagar (the City of Wealth) around 250 BC on the outskirts of what is modern Srinagar. It was from the seminaries of Kashmir patronized by Ashoka that missionaries spread Buddhism to China and Japan.

But this picturesque State has not be completely peaceful ever since it acceded to India. Cross border terrorism and local unrest have combined to create conditions which have not been very conducive for the overall welfare of the people. While there have been many ups and downs, it was in January 1990 that a major tragedy happened in Kashmir. Due to continuous threats by militants, thousands of Kashmiri Pandits were forced to leave Kashmir. The Kashmiri Pandits have been living in refugee camps and no amicable resolution of the problem could be attained. Meanwhile, the militants and the communal elements, both from Hindus and Muslims, have only made the matter worse. Finally, on 5^th August, 2019 the Government of India revoked the ‘special status’ granted to the then State of Jammu & Kashmir by abrogating Article 370 of the Constitution of India.

While militancy in Kashmir became a continuous problem, it were the common citizens of J & K who had been suffering all along. The people in the Valley had been expressing their resentments through protests of various kinds. But no responsible leadership developed which could sincerely raise the real issues of the people. In recent years some Kashmiri youths, through journalistic writings, have raised the issue of Kashmir and the real problems which are being faced by the people. It is essential that their voices are heard and efforts made to ease the life of the people.

The persecution of the Kashmiri Pandits and their en-mass migration in January 1990 have been very sad and condemnable incidents. But the story is more than this. In his book ‘Curfewed Night’, Basharat Peer writes that much more happened on the night of January 19, 1990. Throughout the night of 19^th January, paramilitary forces slammed doors in Srinagar and dragged out young men. By morning, hundreds had been arrested and curfew imposed. All this puts in question the role of the Governor and the complacency of the Government of India. How could the Government of India become so helpless that a huge population of Kashmiri Pandits were compelled to flee.

Another journalist, Gowhar Geelani, in his book ‘Kashmir: Rage and Reason’ also raises the issues being faced by the people. The people in Kashmir are sandwiched between the operations of the militants and the armed forces. On one hand they are suspected by the armed forces and on the other hand they are harassed and threatened by the militants to be on their side and help them. People in general do not want any militant attack to happen because after that, they have to bear the brunt. The whole area is cordoned off, the people are interrogated and houses are searched. Before house search, all the male members are told to gather outside and it is in the presence of females of the houses that the searches are carried out.

The main problem which the people face is the issue of disappeared persons. Kashmiri youths are arrested and then there are no whereabouts about them. In Kashmir there is an ‘Association of the Parents of Disappeared Persons (APDP)” consisting of parents who are hoping that someday their sons will come back. Then there are ‘half-widows’ i.e. women, who don’t know whether their husbands are dead or alive. Custodial deaths and extrajudicial killings have also been mentioned by Basharat Peer and Gowhar Geelani. There are torture centres where suspected youths are interrogated and punished. A youth once tortured, mostly becomes a militant. The Kashmiris also feel that the elections in J & K have rarely been fair and free and most of the elections were rigged.

The issue raised by Kahsmiri writers may be exaggerated to some extent. But there are certainly humanitarian issues in Kashmir which should not be neglected by any responsible government. Most of the issues are related to the behaviour of the armed forces. In 2004, the Government of India formed a Committee under the Chairmanship of Justice B. P. Jeewan Reddy, former Judge of the Supreme Court, to Review the Armed Forces (Special Powers) Act, 1958 with respect to North Eastern States and to recommend whether—

• To amend the provisions of the Act to bring them in consonance with the obligations of the Government towards protection of Human Rights, or
• To replace the Act by a more humane Act.

The B. P. Jeewan Reddy Committee out rightly recommended the repeal of the Act as it is too sketchy, too bald and quite inadequate in several particulars. The Committee said that it would be more appropriate to amend some provisions in the Unlawful Activities (Prevention) Act, 1967

The Armed Forces (Special Powers) Act, has been in force in J & K since 1990, a period of about 32 years. It is still continuing in spite of the recommendations of the Jeewan Reddy Committee Report about 17 years ago. The armed forces are trained to face the enemies on the borders of the country. It is their duty to deal brutally with the enemy forces. They are prone to deal strictly with civil unrest, as has been apprehended in the Jeewan Reddy Committee Report. In May 2018, an Army Major tied a civilian to an Army Jeep and paraded him through a dozen villages Budgam. Sometimes there are firings on stone pelting crowds, in which a number of children and youths have become handicapped. Incidences like these are bound to happen if the armed forces are deployed for too long a time in civilian areas and if the humanitarian issues of the people are ignored. The ‘brutality’ as mentioned in the Jeevan Reddy Committee Report may also express itself in various forms, and most of them may not even be reported. This aspect has been very well depicted in the film ‘Shourya’.

It is time that bringing Peace and Justice to Kashmir be taken on a priority basis. The first prerequisite is that a new leadership should develop in Jammu and Kashmir which is convinced that Kashmir is an integral part of India and all the issues of the people are to be resolved within the ambit of the Constitution of India. Many authors and journalists have very rightly raised the issues of Kashmiri people. But they also talk of autonomy and freedom and so they venture into an imaginary realm. This aspiration of ‘autonomy’ or ‘freedom’ is the main hindrance to any lasting solution of the Kashmir issue. Constitutionally Jammu and Kashmir are integral parts of India. A responsible leadership, which vows to fight for the rights of the people of Kashmir within the ambit of the Constitution of India, may be facilitated to develop by the Government of India along with the commitment that the government would address the humanitarian grievances of the people in a participatory manner.

Without any responsible leadership in Kashmir, people there have interaction mostly with the police and armed forces. The armed forces have not been able to practically differentiate between the various classes of militants and aggressors. In Kashmir, first of all there may be militants from the neighbouring country who infiltrate in Kashmir. These may be considered as enemy soldiers who have entered into Indian territory, and be dealt accordingly. Then, there may be Kashmiri youths who have joined a militant organisation. Such types of militants should be treated as deviants who may be persuaded to return to civilian life if they have not committed any criminal act. If they have committed any grievous criminal act, they would have to face the criminal charges in a court of law. Often the case is that the youths join a militant organisation against the wishes of the family. But, in spite of that, the family members will have a soft corner for them because of blood relationship. This psychological aspect needs to be taken into account and the family members should not be interrogated or tortured to reveal the whereabouts of such youths. The deviant youth should always have options and incentives to return to a dignified civilian life through a duly laid out procedure.. Then, there are civilians, who protest against the brutalities of the police or armed forces. During protest, they may be involved in stone pelting and other minor violence. Such incidents should be dealt as forms of civilian unrest as in other States of the country. It would not be proper to call these civilians as terrorists.

The Government of India should also convey its strong commitment to bring Peace and Justice in Kashmir. There has to be a roadmap and an encouragement to develop a new leadership which acts as an interface between the people and the government to address the grievances of the people. In 2019, the Government of India abruptly abrogated this Article. Some people consider it a welcome move while others term it as a clear case of executive overarch and a blow to the Constitutional fabric of India. Before the abrogation of Article 370, there was heavy deployment of armed forces and curb on fundamental rights. Evidently, all this happened without taking the people of the State into confidence. The people of the State might have felt insulted and alienated. For lasting peace in Kashmir, the Government of India needs to commit that in future all major decisions regarding Jammu and Kashmir would be taken in a participatory manner.

The problem in Kashmir is multifaceted and requires a well thought out strategy. But this existing problem is made more complex due to the interference of communal elements. The Hindu communalists, through false narratives, try to portray the history of Kashmir as nothing but a Hindu-Muslim conflict, forceful conversions and desecration of temples. The fact is that the Kashmiris had been greatly influenced by mystics especially Lalla Ded, a Hindu Yogini and Rishi Nuruddin. Both Lalla and Nuruddin criticized forms of social behaviour that lead to exploitation and suffering of human beings. The consequence of the teachings of these sages was the flowering of the idea of dignity and the fundamental equality of human beings.  This had an effect on the caste ridden society and people gradually adopted, what appeared to them a more egalitarian system. As far as the desecration of temples is concerned, it was an acceptable political practice in those days to desecrate the temples associated with the vanquished ruler. Secondly, the rulers also looted the temples for their riches. During 8^th to 11^th century, the Hindu rulers in Kashmir looted the temples to augment their finances. King Harshadev appointed a special class of officers to supervise looting of temples. Hence, the narrative of forced conversions and desecration of temples on religious grounds is not at all correct. The false narrative is being emphasized to create dissension between Hindus and Muslims and to give a communal colour to whole of the Kashmir issue. This has been very efficiently done in the film “the Kashmir Files’ in which the persecution and exodus of Kashmiri Pandits has been portrayed as a purely communal issue. The producer of the film has very cleverly bailed out the then Government, especially the Union Home Minister and the Governor, of their criminal irresponsibility.

While the Hindu communalists harp on false narratives, the Muslim communalists and some religious leaders also make irresponsible statements which create a divide in the society. They talk of an ‘Islamic State’ and call all non-muslims as ‘kafirs’.  The fact is that there is no direction in the Quran to establish a religious State. What is really envisaged is a system of governance, by whatever name, which is guided by love, compassion, equity and justice. Secondly some fanatics talk of ‘Ghazwae-Hind’ which is a very vague narration and appears to be irrelevant in present times because now there is not going to be any war on purely religious lines. The new leadership in Kashmir has to be the leadership of the people of all religions, which discards the narrow and irrational interpretation of religious texts and aims at creating a society based on love, compassion, peace and justice in consonance with the principles enshrined in the Constitution of India.

For bringing Peace in Kashmir, Justice has to be ensured. For this, there have to be integrated and simultaneous efforts by various government and non-government bodies in an organised manner—

1. A beginning has to be made by the Government of India with the acknowledgement that there are humanitarian issues in Kashmir. The Government needs to announce that it acknowledges the hardships being faced by the people and it would establish a Grievance Cell in every district where people may register their grievances and get a satisfactory reply. An announcement for the gradual removal of the armed forces and AFSPA should also be made.

2. The people of Kashmir also have a responsibility in bringing Peace to Kashmir. Aspiring for ‘freedom’ and ‘autonomy’ and being misled by the separatist leaders have wasted so many precious years and have spoiled the life of so many youths. The people of Kashmir have now to finally decide that they want to live a peaceful and purposeful life in India honouring the Constitution India. Such a resolve would facilitate the creation of a new generation of leadership which would be committed to the Constitution of India and would vow to fight injustice through non-violence and through constitutional means. Such a leadership would also have to give a call on behalf of the people of Kashmir that the Kashmiri Pandits are welcome back to their homeland. A plan would have to be chalked out in concurrence with the Government of India, Kashmiri Pandits and the new Kashmiri leadership.
3. As long as the armed forces are there, they need to behave like the protectors and saviours of people. Their gestures should be such that the people may admire their behaviour. They need to sit down with the people in small groups to sort out their grievances. For operations against the terrorists and for house searches they should follow the detailed procedures as annexed with the Jeevan Reddy Committee Report. By such gestures the youth will avoid joining militant groups, and would consider solving the problems peacefully and within the ambit of the Constitution of India.

4. Peace can be brought to Kashmir only when Justice is ensured. Petitions regarding the abrogation of Article 370 and the restriction of fundamental rights are pending with the Supreme Court of India. Justice delayed is justice denied and it erodes the confidence of the people in judiciary. The Supreme Court should expeditiously decide these cases and send a message that for them Kashmir is as important as any other State or Union Territory and that it would not delay Justice to the people of Kashmir even if it is inconvenient to the Government. Restrictions on Press and freedom of speech need to be quickly removed.

5. The people of Kashmir should feel that the whole of India is with them. They should get the message that it is not just the geographical area which is an integral part of India, but the people all over India love the people of Kashmir equally. Political leaders of all parties and regions should give public statements which may reflect the concern for the people of Kashmir. The humanitarian issues be highlighted and the Government of India be urged to resolve the issues at the earliest.

These are some of the steps which may be taken by all responsible groups and organisations to bring Peace and Development in Kashmir. If Jammu and Kashmir are integral parts of India, it should be expressed in action and the issues of Kashmir should be considered to be the issues of the country. When people in Kashmir are sure of ‘Justice’, there aspirations for ‘autonomy’ or ‘freedom’ will gradually fade out and there would be Peace followed by Development and overall Welfare of the people.

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