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July 09, 2017

EVIDENCE OF VIOLENCE IN JAMMU & KASHMIR: NARRATIVES FROM THE HINTERLAND

Online version of this paper can be accessed at:

http://www.ijrssh.com/images/short_pdf/1499360765_Amitabh_Hoskote_10.pdf
and at:
http://www.ijrssh.com/currentissue.php



ABSTRACT
Jammu and Kashmir is dubiously distinguished as one of the most violent prone conflict zones in the world. What is the Evidence of this violence? This conflict has been examined through the lens of narratives from the hinterland. What is the relation of violence with state and non-state actors? Are extant ethnic divides constructively or destructively oriented? Using this history and evidence of violence, the paper seeks to delve into questions which must necessarily form the backbone of any meaningful resolution mechanism. Analyses have been based on examination of cases from conflict afflicted areas, historical contextualization of arguments, and debates from primary and secondary sources.
KEYWORDS
Jammu & Kashmir, Politics, Conflict, Violence, Analyses, Inequality
DEFINITION OF VIOLENCE
How does one define violence? The World Health Organization defines Violence as "the intentional use of power or physical force, threatened or actual, against oneself, another person, or against a group or community, which either results in or has a high likelihood of resulting in injury, death, psychological harm, maldevelopment, or deprivation", but acknowledges that the inclusion of "the use of power" in its definition expands on the conventional meaning of the word (World Health Organization 2002). Spanning the entire spectrum, violence in conflict ranges from that inflicted by adversaries, whether state or non-state actors, and also ranges the entire gamut of ethnic, religious or gender based 'direct' violence or economic, political or culture based 'indirect' violence.
In response to widespread threats and targeted attacks and killings by militant groups, many Hindus had fled. Jagmohan's government ultimately assisted some 90000 Hindus in leaving the Kashmir valley for camps in Jammu and New Delhi….security forces opened fire repeatedly on unarmed protestors….constituted a serious violation of international humanitarian lawi.


THE STATE AND VIOLENCE
What is the relation of the state with violence in a conflict zone? Extant studies have attributed it to certain factors which are being discussed here. It may be (a) the kind of regime that dictates the violence. The reasoning goes that democracies encourage dissent and therefore collective action, but totalitarian or tyrannical regimes stifle these. It is therefore in certain 'anocracies', which would be the grey area between a democracy and an authoritarian regime, semi- democratic so to speak, that the use of violence would be most rampant. Alternately, it may not be the kind of regime, but (b) specifically its use of repression. This may therefore, be the reason for violence at various levels of repression. Yet another theory denotes it to (c) the quality of rule that the state is able to provide its citizenry. To quote (Lawrence and Chenoweth 2010):
States with a ruling elite that has historically dominated particular ethnic groups or classes may invite violent uprisings….States themselves may initiate civil violence when it is in their interest to do so….state policies toward ethnic groups depend upon the international environment…. Studies point to the need to consider the nature of the state and the quality of its rule as a variable, rather than a fixed state characteristic. Changes in state behaviour, rather than particular classes of states, may better explain episodes of political violence.
Where does the conflict in J&K define itself? To my mind, our study fits itself as a mix of the second and third theories. Since India as a whole cannot be categorized as an anocracy, one must look at the microcosm of J&K, where the state definitely shows signs of being an anocracy, characterized as it is by inherent political instability and ineffectiveness and an incoherent mix of democratic and autocratic traits and practices, making repression inherent to its functioning. This, when coupled with the quality of rule that is perceived in ibid microcosm, causes for violence to be perpetuated (when in own interest), as also a penchant for variable policies dependent on the larger (international?) environment.
This lethal mix lays the basic groundwork for both insurgent violence as well as state violence for political space and/ or agenda. A comparison is sought to be drawn below. Yet, a few facts need to be understood before proceeding ahead. Violence is an elementary form of communal activity (communal as in arising from a community or group, not communal in religious terms). It arises from a definite set of circumstances and it affects flesh and blood victims. It creates a number of scenarios, which may be dealt with in different ways. Finally it has finite consequences for the conflict; the conflict may move in a negative or positive direction, again depending on the way the various protagonists react or view the violence. Any violence does not target its victims at random, it is not quirky and its victims may be representative of a larger target audience, a messenger so to speak. To the victim and the perpetrator both, violence is not senseless or meaningless, though usually from a standoff point of view, this may well seem so. The perpetrator is trying to send a message across by means of his violent acts; similarly, the victim will understand where the warning lies. However much it may seem like an outlier, violence is not a segregated act. If unravelled far enough, it has its indelible connection to a cause, and hence it is an effect.

COMPARISON OF CONFLICTS WITH EVIDENCE OF VIOLENCE
It is the set of proportions outlined above that make it possible to compare violence in different conflicts and draw lessons there from. Conflicts both in the domestic and the international sphere exist, which are comparable to the issue of J&K. Amongst the notable and hence, being focused upon here, striking similarities are the long drawn counterinsurgency campaign, coupled with a high toll of human life, death cases, disappearance cases, the strung out violence by both the state and the non-state actors, and the political violence attached to the conflict.
.I visited a friend's orchards in village Romo….off the Pulwama- Shopian road….the commanding officer of a BSF company stationed there who turned out to be the worst kind of advertisement for the armed forces in Kashmir. His demeanour, even the way he walked and the tone he used when talking to the locals, was designed to intimidate people. With absolute confidence he told me that yes, tough measures were used with the youth, 'even with those who are picked up on grounds of suspicion'….he said, it was necessary (Quraishi 2004).

The description in this passage could well have been from a case study of the Punjab insurgency in the 1980's, with names of places changed to those in rural Punjab. In the backdrop of militant organizations getting a fillip during Indira Gandhi's Prime Minister ship, and during the Emergency days, the conflict remained nonviolent from 1978 to 1984. Though the state of Punjab saw rising episodes of communal clashes, the government at the Centre and the hardliner separatists did not openly profess violence towards each other. It was only in 1984, when the militants took up fortified positions inside the Golden Temple complex in Amritsar, that a decision was taken by the government to use the Army to flush them out, in Operation Bluestar. The bloodbath that followed still remains in the institutional memory of the Sikhs, and indeed, led to the assassination of Indira Gandhi by her own Sikh bodyguards.
What was glossed over in the build up to Operation Bluestar however was the repeated failure of talks between the Akali Dal and the central government, effectively discrediting the Akalis in the eyes of their own electorate, as well as giving a boost to the secessionists under Jarnail Singh Bhindranwale. It became common-speak in Punjab that the only way out was to launch a violent agitation. The central government, in its defence spoke of the measures it had taken to resolve issues, sadly not realizing the futility of too little, too lateii. In the aftermath of Operation Bluestar, and the subsequent failure of the much touted Rajiv Gandhi- Longowal Accord of 1985, the stand of the secessionists became appealing to the ordinary man. It resulted in increasing violence between 1987 and 1992. The spirals of violence were not only between the insurgents and the police (and later on, the Army); it was also a contest between the various militant groups vying for supremacy on the political side of things. Escalation of violence often meant the common man was in the gun- sights of both sides, and eventually led to his alienation. This very alienation of the man on the streets, was seen as central to the success of the counterinsurgency campaign under the stewardship of Julio Rebeiro, followed by (the infamous) KPS Gill, then Chiefs of Police in Punjab.
What does the study of these two conflicts, namely J&K and Punjab, both within the sovereignty of India, offer to the student of Conflict and Violence?
First and most conspicuous observation is the direct correlation that the (current) political situation at the Centre has to the position it adapts towards the state. The period of stability at the Centre offers some indication of resolution with the partisan groups. This is however, heavily overshadowed by the periods of uncertainty, instability and political turmoil. It not only creates chaos at the macro level of dialogue and efforts at reconciliation. At the micro level, it brings forth the worst form of violence. Though the explanation may seem rather simplistic, but invariably, the grass root levels perceive this as a refusal to look at their genuine grievances. Violent means are seen as the only way to make their presence felt and their voices heard. The state, on the other hand, does not concede its flawed outlook or its inability to resolve. It comes down with all the might at its disposal, to deal with the violence of the perpetrators. This effectively sets in motion a vicious cycle of violence begetting violence, with neither side willing to or able to extricate itself. All signs of reconciliation and resolution disappear. In order to gain primacy for its own views, there is a tendency to ignore the views of the other. Objectivity is lost sight of, as a result, and violence becomes a priority.
Secondly, inherent contestation in both sides seeking legitimacy to their actions is evident even from the semantics involved. In the words of Kalyvas, ‘the term is often claimed by the vanquished in their quest for political redemption and inclusion, and denied by the winners who seek the permanent exclusion of the losers from the political, or even national, realm’ (Kalyvas 2006). What is definitively discerned is the violent redrawing of boundaries, turning the scape in to armed camps within the same sovereign entity. This is a territorial division which acts as a 'kernel' or a 'centrifuge' of the conflictiii. It also serves to heighten the violence rather than calm it down.
If human dignity is choked and abused, nothing remains. There is no space for finer emotions. It’s been a tension ridden life for all of us. My own brother was picked up for questioning and taken to an interrogation centre where he was subjected to electric shocks in his private parts….don't talk to us about love and our personal lives (Quraishi 2004)iv.

There abound hundreds of such stories which give serious anecdotal evidence of the violence that ordinary people have to live with in conflict zones. In his treatise, “On War”, Carl von Clausewitz defines war as an act of violence intended to compel and make the opponent submit to and fulfil one's willv. In a later expansion of his initial definition he qualifies his statement by saying war is not merely a political act, but a real political instrument (Clausewitz 1997{reprint}). In this definition of war, the underlying reasons for civilian targeting can be discerned. It appears almost as if ordinary people, non- combatants, are deliberately victimized in order to drive home the military and political message, with a resounding thump! The state selecting deliberate targeting of civilians seems to form the strategy in a good 20- 30% of all conflicts. Not being the stated policy, this percentage may not be fully substantiated, yet this figure forms the core of several studies. The accomplishment of military and/ or political objectives may be considered strong enough a reasoning to adopt this as a strategy. The 'collateral damage', as it is often, and lightly, referred to is one of the worst ramifications of any armed conflict, yet widely believed to terrorize the population in to submission. In some ways it serves as a corroboration of the idea that violence seems to flowing out of the relentless pace of the conflict.
NON-STATE ACTORS AND VIOLENCE
Any discourse is not complete without reference to unbridled violence by Non-state actors. Here again, the desired objectives may decide the course of action; an equitable and cooperative relationship between adversaries would mean struggles of a nonviolent kind. Studies on types of strikes have shown the use of nonviolent stoppage of work in strikes where an improvement in the work culture or the interests of workers was desired (Lammers 1969). In case of strikes where usurping power was the main motive, violence, killing of superiors etc. has found predominance, more like a mutinous situation. Again, this is a testament to the inexorable nature of conflict, whether leading to violence or not being a choice with the protagonists.
Pakistan has been working on multiple planes to bleed Kashmir. It wants to send the people of Kashmir to an ICU (intensive care unit) from where they can never come out. The proxy war since the late 1980s is a classic example of this. It has left more Kashmiris dead and maimed than others. It has brought darkness to the lives of tens of thousands of Kashmiris, who have lost their near and dear ones. There is neither solace for them nor any light at the end of the tunnelvi (Joshi 2013).

Relationships between two people are an interconnection between the individuals, where the two are bound by their feelings for each other. Similarly, a conflict can be termed as a relationship between two adversaries, where the two are seemingly in a marriage like alliance, bound by their antagonism towards each other. Going further in this analogy, disagreements are an integral part of any relationship, and the more the disagreement deepens, it leads to strong words, arguments and fights. This part of a relationship is akin to the violence erupting between adversaries in a conflict, their antagonism for each other reaching the point of no agreement. This is the tipping point in a conflict, leading the perpetrators to believe in the efficacy of violence as a means to achieve their perceived solution.
ETHNIC CLEAVAGES AND VIOLENCE
In citing various illustrations from the Kashmir issue, this study finds a high degree of correlation between the views espoused by the protagonists, their interdependence of antagonistic sentiment towards each other, and the legitimacy they seek to gain or derive in the larger context of the conflict itself. If opponents view each other and their views as legitimate, they tend to move towards resolution. Since India, Pakistan, and now, the people of J&K have become increasingly unresponsive to each other’s stances; they tend to ignore common values, norms and interests. It becomes even more convoluted given the entire generation of Kashmiri youth who perceive the Indian intervention in 'humiliating' terms; thus, they demonize the Indian government, its military presence, and every instance of past atrocity, real or imaginedvii (Kriesberg and Dayton 2013). This extreme sentiment finds an echo from the conflicts in Rwanda between the Hutus and Tutsi, as also between the Serbs, Bosnians and Croats in former Yugoslavia.
Growing up in the shadows of conflict, of guns wielded by both militants and armed forces, we in Kashmir have witnessed many confusing narratives that sometimes just 'happened' but which are now imprinted in our minds, seemingly forever. Everything in 1990s Kashmir was, as I remember it iteratively, brought to a standstill each day. Our lives as young boys were ruled by a primary goal: to save ourselves and to live just for one more day. While boys of our age in other parts of the country were aiming for productive careers in the engineering, medical and civil services and concentrating on their studies, our lives were part of another narrative—knotted, twisted and often grotesque – despite the shimmering beauty of the landscape we inhabited. This personal narrative tries to explain how we as common people in Kashmir have witnessed at least three crucial stages of conflict dynamics. (i) Pre-militancy era – when everything was normal and after returning from the local school, we would play with the army men [without arms] who had camped in our village for some social service, and were perceived as within ‘us’, not ‘them’ or the ‘other’. Kindness was at its peak and the red clouds in the sky innocently followed folklore to mean that blood was being spilt or any unwanted incident was occurring in some distant ‘other’ corner of the world. (ii) The militancy era – with haunting memories which still predominate our terrified dreams of cross-firing, crackdowns, identification parades, serving food to one militant party followed by the raids of another militant party and then nocturnal raids by the armed forces. Caught in the existential paranoia, career and conflict, absolute anarchy of this era is the strongest part of our memories, thought process and behaviour. (iii) The post militancy era again consists of many catastrophic phases and is dominated by the agonizing ‘manufactured’ and ‘action’ narratives (Bhat 2014).

Two arguments related to ethnicities are offered here. Firstly, whether inclusion or exclusion is the aim of the political class is indicated by the policies adopted by them. Secondly, is violence to be treated as a degree of the conflict or is it just a (different) form of conflict. In context of the lines quoted above, these may be seen in light of the distinct phases or stages of conflict dynamics that Dr Bhat refers to.
If one views the state of Czechoslovakia, formed in the aftermath of the First World War as one of the outcomes of the Paris Peace Conference, it serves as an example of the ethnic cleavages that form part of a newly carved state. In Czechoslovakia the Czechs had a majority, with the Germans forming the next biggest ethnic group, followed by the Slovaks, Hungarians, Ukrainians and Poles. The Germans formed the majority of the population in the border area known as Sudetenland. Despite such ethnic cleavages in the country, Germans were treated with a fair degree of liberalism, irrespective of the government being left-wing or right-wing. In fact at times it went beyond the requirements laid by the minorities’ treaties; for example, those Germans in possession of war bonds sold by Germany, which were now rendered worthless, were compensated for their investment by the Czechoslovakian government, albeit at a lower rate (Luza 1964). Similar liberal policies were followed in education with Germans being allowed to study in German language schools and even a German University. Possibly, the one area where the Germans suffered was their share in the bureaucracy, attributed to the requirement of knowing Czech in the newly restructured Czechoslovakian bureaucracy.
Similar examples abound in provinces of Balochistan, Sindh, East Bengal and North West Frontier Province seen in the nascent stages of Pakistan's formation. The ethnic cleavages existed despite the Muslim nation theory of Jinnah, as each ethnic group had its distinct identity which religion could never bind together. The dominant Punjabi majority in governance and bureaucracy was further amplified by rendering Urdu as the official language (Jaffrelot 2015). Thus, those ethnicities which were already in minority, felt the pinch of these policies of exclusion by the state, even leading to revolt especially in case of the Balochs and the Bengalis.
The examples here show the two diametrically opposite forms of policy adopted; in case of Czechoslovakia, an inclusive policy lead to the assimilation of the Germans in the new state, whereas Pakistan's policy of exclusion right from its very inception lead to alienation and subsequent turmoil. In the Indian state of J&K, the pre militancy era has been described as ‘an age of kindness’, and even the army as ‘within us’. It would be reasonable to say that the state followed some manner of inclusive policies. For instance, the government of India allowed the continued use of Kashmiri language within the state administration. The bureaucracy too functioned in an autonomous manner, despite a fundamental lack of administrative skills in Sheikh Abdullah. The pre-militancy era was in fact an age of progress, investment and growth, and indeed acknowledged by Kashmiris as being much better off than the rule of the Maharaja (Schoefield 2010). The genesis of Article 370 of the Indian Constitution also lay in the protection of rights of the Kashmiri peopleviii. All these were ample indicators of an inclusive set of policies being followed by the state.
From its very inception ethnic cleavages existed in J&K, between the people of Kashmir, vis-a-vis those of Jammu, vis-a-vis the Ladakhis who shared their roots with the Tibetans, and even smaller and minority communities like the Gujjars and the Bakharwals. There was the occasional talk of a realignment or readjustment at regional level owing to resentment of Sheikh Abdullah's centralising tendencies, but these ethnic differences did not result in any major political changes. Balraj Puri has written extensively on this chasm in the state of J&K (Puri 1982). Discontent also sprang from insecurities within these communities about the reforms that were started by Sheikh Abdullah. These reforms were not only social but economic in nature as well. The reforms were meant for the landless and poor peasants, invariably Muslim, but at the receiving end were the rich and landlord class amongst the Dogras in Jammu, and also by default certain religious heads such as the Abbot of the Spituk Monastery, considered as the spiritual head and sitting atop enormous wealth of the Buddhist monasteries (Schoefield 2010). Another major cause of resentment arose from the spectre of a plebiscite which might be overwhelmingly pro-Pakistani in its verdict, as also the ‘prevarication of Kashmiri leaders over accession’, leading to suggestions of zonal plebiscites (Puri 1982). Yet these were never allowed to deepen the existing fault lines by ethnicity. With some manner of political manoeuvring the state continued to see a path of general peace and progress, albeit slower than the rest of India.
HISTORY OF VIOLENCE
In this distinct period of time spanning nearly 40 years which can be called the pre-militancy era, a definite pattern of inclusive policies emerges, despite ethnic cleavages in society. Political differences tended to be a stronger driving force and some manner of co-operation between groups was seen. Further, violence which was sporadic at best was seen as a manifestation of the underlying conflict in the society.
How did these facets change in the militancy era? Did they give the entire argument a violent twist? What caused a radicalization and created a shift from differences based on political agenda towards ethnic considerations? These are questions sought to be answered here. Violence tends to be viewed as a degree of the underlying conflict; it is but a continuum of the conflict itself, or simply put, that the social movement process has reached so contentious a point that violence is justified as the only way out. Both, extreme grievances as well as a strong commitment to the cause would push the conflict in the direction of violence.
Militancy in J&K had its roots going back to the transition from Sheikh Abdullah to his son Dr Farooq Abdullah. On the passing away of the Sheikh in 1982, Dr Farooq Abdullah who had been inducted in to his father's government succeeded him. In his initial years, J&K politics saw a gamut of machinations by all parties, ranging from the ouster of Dr Farooq Abdullah, to his replacement by GM Shah with help from the Congress at the centre. The June 1983 elections were marred by violence, and though Abdullah managed to return to power, shortly thereafter in July 1984, GM Shah once again played defector, and subsequently assumed power with Congress support. This period of Shah's rule of a little less than two years, was characterised by misrule in administration and an unprecedented level of communal violence in the state. The deepening of the ethnic cleavages was getting evident.
In November 1986, the Rajiv- Farooq Accord was announced, ostensibly to focus on the all-round economic development of the state and in a bid to stem the growing secessionist voices. However, it served as a means to do just the opposite. The 1987 elections in J&K proved to be a watershed in the history of the politics of the state. Wherein the opposition comprised mainly of secessionist and fundamentalist parties under the banner of the Muslim United Front, they canvassed on the plank of the moral subservience of the National Conference to the Congress, having bartered away both their position in J&K politics and the unique position enjoyed by the state, in a bid to remain in power. This election also saw claims of widespread rigging and election fraud, which were hitherto fore the claim-to-fame of UP and Bihar (Nirmal and Bartaria 1996). Reports ranged from anticipatory arrests and beatings of opposition candidates, to booth capturing, to fudged ballot counting as well as invalidation of votes, to curfew in areas where civil unrest was foreseen. Irrespective of the fact that the state machinery remains silent on this to date, the 1987 elections have been the final attributable cause to the rise of militancy in the state of J&K. With the National Conference losing almost overnight its credibility which had been nurtured by the Sheikh, a vacuum was created in the political space. As would be seen soon enough, this vacuum was filled by the ideas of secession and fundamentalist ideologies.
Movement of extreme ideologies from the fringes of politics to the mainstream takes only odd incidents of this nature. It tends to lend legitimacy to the use of extreme means. If due process of law and democracy are followed, there is no legitimate reason for such violence to bloom. It is the very failure of state machinery that creates an artificial legitimacy, thereby making violence a viable alternative. Mir Abdul Aziz had been Sheikh Abdullah's political opponent since the 1930s, and had been forced to cross over to POK, from where he observed the unfolding of events. In an interview, he said, “that manipulation of the election disappointed the Kashmiris. They said that 'we were trying to change the political framework by democratic and peaceful methods, but we have failed in this. Therefore we should take up the gun.' That was one of the reasons for the militancy. The people of Kashmir got disgusted and disappointed and disillusioned(Schoefield 2010). Post the 1987 elections, the space created by the loss of credibility for the National Conference was rapidly filled by the fundamentalist groups, secessionist ideologies and violent and unconstitutional protests. It also got impetus by Pakistan's Inter-Services Intelligence (ISI). The ISI facilitated the crossing of Kashmiri youth to Pakistan Occupied Kashmir (POK), training them in the use of weapons, explosives, and not the least, anti-India ideology. By around mid-1988, the first of these newly converted youth returned to the Valley. In their wake followed violence, explosions, the widespread use of the AK-47 Kalashnikov assault rifle and increasing fundamentalist exhortations based on a new definition of Jihad (religious war) to the Muslims of the Valley. Gradually this violence spiralled in to a coalescence of militant groups.
In a seemingly uncontrollable spiral of events in the decade that followed, an entire new set of questions were set forth before the polity, and indeed, the people, in India and in the state of J&K. The number of militants infiltrating from Pakistan went up including a number of foreign origin (Afghans, Yemenis etc.) militants who were lured by promises of quick money, rape and pillage. 15th August 1989 was observed as Black Day, followed by threatening letters to non- Kashmiris and Hindus in the valley. The 1989 Lok Sabha elections were boycotted with polling as low as 5%, demonstrating the control that militant organisations were rapidly gaining over the people. The VP Singh government formed at the Centre appointed Mufti Mohammad Sayeed as the Home Minister; in December of the same year, the Mufti's daughter Rubaiya was kidnapped by militants in Srinagar, forcing the government to buckle under and order the release of five hard core militants. Jagmohan was once again appointed as the Governor of the state, resulting in Farooq Abdullah resigning as a mark of protest.
In January 1990, the government ordered the launch of paramilitary forces; though little was gained by this massive operation, it further served to alienate the people who turned out in a huge and vehement protest. In February the Governor dissolved the Legislative Assembly. While all this was instrumental in bringing governance to a grinding halt, it was further exacerbated by the growing number of political assassinations. Mosques started being used as platforms for divisive propaganda, strikes and protests became the order of the day, and the government started resorting to curfew more often. The use of paramilitary forces was followed by the deployment of the Army for internal security, counter- insurgency operations, rear area security, and road opening. In time, the 1990s saw an entire grid of deployment of armed forces, including the newly raised Rashtriya Rifles meant specifically to augment force levels in J&K. The decade also saw the exodus of the Kashmiri Pandits from the valley, a widely politicised debate even till date.
This decade of the 1990s can be acknowledged as the militancy era, as described by Dr Bhat above. More importantly, it cast a pall over the entire state. Where comprehensive and across the spectrum strategy review was required, a colossal erosion in the inclusive policy framework was seen. Rapid armament (militancy) and a crushing response by the machinery of the state (deployment of troops) resulted in not only a deepening of the extant ethnic cleavages; political mishandling and increasing aversion to concurrence in any form, further exacerbated the situation. What was earlier perceived as only a simmering, sub-surface anger now manifested itself openly in the form of radicalization and violence. This serves to further substantiate and validate the point discussed above. Violence is but a continuum of the conflict itself, a degree of the conflict itself, a point of no viable alternative in the course of the social conflict.
Here a compelling argument is the significance of George Wilhelm Friedrich Hegel's theoretical construct of thesis, antithesis, and synthesis better known as the Dialectical method of understanding reality. It comprises of three constructs, called the Triad. The thesis is a rational premise. The antithesis is the repudiation of the thesis, a rejoinder to the proposition. The synthesis seeks to harmonize the conflict between the thesis and antithesis by accommodating their common truths and forming a new thesis, starting the process over. This means a conflict will likely unravel in a rational or analytical pattern. When X counters or denies Y, it results in a contention of issues or a state of strife. Where Y is the state of affairs, X is its contrarian view, or even its very renunciation; where Y is the thesis, X is the antithesis. Their meeting will result in a synthesis, irrespective of any arbitration. Therefore, synthesis is a connotation for the confrontation of thesis and antithesis. What kind of synthesis it will bring about, however, might depend on the arbitration or lack thereof. For example, in the first scenario, the synthesis might become an intractable conflict with a constant stalemate, as seen between Israel and Palestine. Or for instance, in the second scenario, the synthesis may become an intractable conflict, but not with a constant stalemate, however, still lacking communication and the alacrity to engage the conflict, similar to the example of Turkey and Armenia. In the third scenario, the synthesis might unfortunately end up being a violent act, such as murder, war, or genocide (Erol 2010). This is the closest explanation of what unfolded in J&K during the militancy era. If the official stance of the government of India was the thesis, its antithesis was the violent stance adopted by the militants. It resulted in a conflict of epic proportions, bordering on war. Sumantra Bose has written of his experience in the Valley in the 1990's, enumerating a vivid visual narrative. He says (Bose 2003):
When I toured the Valley and Doda- Kishtwar district of Jammu in 1995, the entire region resembled an armed garrison, teaming with soldiers, and a vast prison camp for the population. Roadblocks were ubiquitous in both towns and rural areas, and verbal abuse as well as beatings of citizens was common at these checkpoints. Srinagar had become a 'bunker city', adorned with hundreds if not thousands of bunkers manned by paramilitary soldiers crouching behind sandbags and wire netting (the latter as protection against grenade attacks), their guns peering out through firing slits….military convoys travelled at all hours, the lead vehicle sporting a mounted machine gun. Even remote villages existed cheek-by-jowl with Indian military encampments.
The government of India has justified its stance based on the large presence of foreign militants, including Pakistani, Afghan, Lebanese, Sudanese and Yemeni nationals. This changed the very character of the insurgency from a Kashmiri demand for self-determination to an Islamic fundamentalist grand state or Caliphate. It also served to harden the government's stand since it now became an attack on the territorial integrity of India.
The culmination and both a turning point as well as a standoff point, of this decade long violence, was the period between 1999- 2002. In quick succession, events were perceived as the ominous portent of what could be. While official India-Pakistan talks were being hailed as the harbinger of change, infiltrators of the Pakistan army moved in to the high altitude and equally high value targets of Kargil, Drass, Mushkoh valley, Turtok and Chorbat La, with an aim to cut off the road link between Leh and Srinagarix. It led to the most serious military confrontation between the two countries since the 1971 war. It could only be resolved with international intervention with America, Russia and China pressurizing both countries to maintain peace. With General Pervez Musharraf assuming control as the Martial Law administrator, and thereafter as President, the role of the Pakistan Army and the ISI in the fuelling of the conflict in J&K was perceived as becoming more overt than covert; more so, since Musharraf had planned and executed the Kargil invasion, without referring to the elected government. However, with the 9/11 attacks on the American mainland, attention shifted focus on to the terror network of Al Qaeda, in collusion with Mullah Omar's Taliban in Afghanistan. Though the Pakistani administration declared its support to the 'war on terror', it was largely seen as a delicate balancing act in order to continue bleeding India while extracting the most from its partnership with the US. Military aid of unprecedented proportions flowed in ostensibly for the 'war on terror', but was duly diverted to arming Pakistan (and its sponsored militants) against India (Haqqani 2013). In 2001, the Indian Parliament was attacked on 13th December, leading to the closure of all borders, and mobilization of the Indian Army, followed by the Pakistani Army on 29th December and 1st January 2002 respectively. In a yearlong deployment, with a number of incidents seen as possible flash points to full-fledged war, and a potential nuclear exchange, it only further eroded the probability of any normalcy in the state of J&K. Once again international pressure was brought to bear upon the two countries to restore peace and normalcy in relations (Schoefield 2010). This time around, it proved an even more onerous task, as the responsibility was now sought to be fixed on 'national anger' by Prime Minister Vajpayee. He stated it as such to both President Bush in the US and Prime Minister Blair in the UK, ‘there is a national anger because Musharraf has not translated into reality the promises he made in his 12th January speech to stop cross- border terrorism’, referring to a speech by the Pakistani President earlier that yearx.
Perhaps this chain of events was responsible for the winds of change that the sub- continent saw 2003 onwards. It started with a change in the very hyperbole attached to Pakistan's stance towards India. Musharraf proposed an approach with four tenets, namely the start of a dialogue between the two countries, accepting the centrality of the J&K issue, exclude undesirable and objectionable issues, and arrive at a solution adequate to the cause of both countries as well as the people of J&K. Though seen as many in J&K as a sell out by Pakistan, it was also at least a start to the discussion of possible alternatives. Musharraf went on to suggest a cease-fire at the UN General Assembly, followed by a cease-fire on ground, towards the end of the year. 2004 saw the resumption of flights between the two countries. While meeting at the UN, Prime Minister Manmohan Singh (of the new Congress led government) and President Musharraf reaffirmed their commitment to the peace process.
2005 witnessed the resumption of the bus service across the Line of Control (LoC) from Srinagar to Muzaffarabad, with the promise of opening up the Poonch- Rawalakote route in the future. India announced seven Confidence Building Measures (CBMs). These included a revival of bus links traditionally existing; meeting of relatives at various points across the LoC including Uri and Poonch; development and promotion of trade across the LoC; promotion of tourism on both sides; cooperation in the field of forestry and environment management on both sides; extend permissions to pilgrims to visit shrines and temples, whether Hindu, Muslim or Sikh; and enhancing the level of cultural interactions. In June, the All Party Hurriyat Conference (APHC) met the Prime Minister of Pakistan, followed by a meeting with the Indian Prime Minister in September. The Hurriyat had factionalised into the 'moderates' and the 'hardliners'; invariably this initiation of talks was done by the moderates. In October, a 7.6 Richter scale earthquake with its epicentre at Muzaffarabad shook the entire region. In India, the areas of Uri and Baramula saw immense destruction. It was envisaged by some as a catalyst, and notwithstanding the efforts by India to provide aid, no meaningful political solution emerged. In fact, in Pakistan, Lashkar-e-Toiba (LeT) members operating in the guise of Jama'at ud Dawa, provided help and collected funds for the relief work (Mortenson 2005).
2006 started with the promise of redeployment of troops in J&K; the Indian government carried out its redeployment of 5000 troops indicating some improvement of the situation on ground. However attacks in Doda and Udhampur raised tensions again perceived by many as a precursor to the Prime Minister's visit and subsequently led to the boycott of talks by the Hurriyat. Once again, the bogey of terrorism put paid to the efforts at initiating peace; seven bomb explosions in the suburban train network of Mumbai on 11th July killed as many as 200 people and wounded another 700. The almost instant denial by Pakistan was once again criticised widely in India, marking it as a sign of its ill intentions towards India.
Benazir Bhutto's return from an eight year old exile was to be the highpoint of 2007, and the chance that perhaps a democratic process would move things in the right direction. Things took an ugly turn when the procession of vehicles in which she was moving was attacked by two suicide bombers in October. Though she escaped unhurt, two months later, a second suicide attack proved successful. Bhutto was assassinated during an election rally in Rawalpindi on 27th December.
The next set of Foreign Secretary level talks were held in May 2008, resulting in more lip service. In the following month, street level protests broke out once again in the valley, reminiscent of the early 1990's. This time the issue was the allotment of land to the Amarnath Shrine Board. When in July, the allotment was rescinded, it resulted in massive protests by Hindus and blocking of the Jammu- Srinagar highway. In retaliation, Muslim protestors marched towards the LoC, resulting in firing by the forces and the death of the Hurriyat leader Sheikh Abdul Aziz. Musharraf was forced out of power in August, bringing in Asif Ali Zardari, Benazir Bhutto's husband. He proposed the opening up of trade routes and a policy of nuclear restraint by both countries. However Pakistan refused to back off from its stated policy of support to the separatists.
On 26th November 2008, a group of 10 LeT trained terrorists made their way in to India using the sea route and landing in Mumbai. They attacked multiple locations including the Taj and Oberoi Hotels, and other places known to be frequented by both Indians and western tourists. The attacks highlighted the growing influence of the LeT, and its ability to target apart from Indians, Americans and Jews, in line with its global 'Jihad' against all infidels or non-believers. Public opinion turned drastically away from any talk of peace and there was growing talk of massive and military retaliation.
Meanwhile, J&K went to polls in November and December 2008. The National Conference formed the government in coalition with the Congress and Omar Abdullah became the Chief Minister (his father, Farooq Abdullah found a place in the Congress led government at the centre). The new government was in the eye of the storm soon after, with the rape and murder of two young women in Shopian in May 2009. In a complete mismanagement of the event as it was, the government declared it as death by drowning, leading to widespread protests. These got further compounded by the report submitted by the Central Bureau of Investigation, which upheld the theory. The case has been left with a huge question mark on whether justice was served or notxi.
ANALYSES OF VIOLENCE
This entire post militancy era, as described by Dr Bhat above, was “dominated by agonizing 'manufactured' and 'action' narratives”. An evaluation of these narratives leads one to the evidence of violence, perpetuated by an almost generational shift in the level of involvement, and the sporadicity of the separatist demand. The conflict saw the ouster of original protagonists, the generation which saw the movement against the misrule of Maharaja Hari Singh and partition of sub-continental India. These comprised of the Muslim Conference and its pro- Pakistan stance on the one hand, and the secular and mostly pro- India National Conference. Evidence of violence was intermittent at best with no set patterns or regularity for a separatist agenda. The first generational shift was seen with the generation coming in to awareness around (both before and after) the 1965 Indo- Pak war. The advent of martial law in Pakistan eroded the support for accession to Pakistan; it was obviously detrimental to any right to self-determination that the Kashmiris aspired to! This has also been the view of the intelligentsia in popular discourse in Pakistan (Mahapatra and Shekhawat 2007). Therefore, this generation of Kashmiris did not believe either in the veracity of Pakistan's claims, or in the realization of any meaningful gains by violent means. Briefly, there was a spike during the Hair of Prophet crisis in 1963, but it can be judged more an aberration than the rule.
The second generational shift was seen during the late 1980's and early 1990's. By now, Indian policies had contributed so much to the churn of sentiment, that an inevitable intensity built up to the events of that decade. Violence was extremely evident as has been analysed above. The separatist demand also got the impetus that might have been nipped in the bud. Had the Indian political climate been more conducive, with sufficient interest given to the development of J&K, things may have taken an entirely different turn. Had the harshness of Indian actions been watered down, it may have resulted in a drastically divergent scenario. Even during the height of the crisis as it unfolded, some proactive and disparate thought infusion would probably have seen calmer times.
The third generational shift has ensued in the last decade. This is the generation of Kashmiris who have grown up amidst fear, gunfire, helplessness and tremendous indignity. They are susceptible to narratives which have no relation to their lives or which are simply impossible for them to connect with; hence, they are impressionable and vulnerable, open to any thought that incites the violent streak in them, makes them want to lash out at the establishment, and makes them prone to divisive politics and the call for a movement! They may not connect with the fires in Muslim areas (in the late 1960's), but today's clarion call against the Kashmiri Pandits will resonate with them, irrespective of the relevance of that debate. They may not associate with the Maharaja's times and the improvements thence, but they will and do relate to the fact of being educated but unemployed or underemployed. It results in all fingers pointing at the state in being unable to meet their aspirations. In to this cauldron of high headed emotions, any spark is enough to create an inferno. Therefore, there is evidence of violence invariably culminating in a separatist agenda; the motives and the motivation may be questionable, but exist it does.
CONCLUSION
In concluding the debate on evidence of violence in conflict, this evaluative analysis seeks to emphasize on a fusion of state repression and the character and quality of rule that any state (and hence the government) is able to afford its citizenry. Individual events may not have the kind of impact that continuous policy (and its implementation) has. It is the lack of or non-performance of institutions that germinate extremist, militant and terrorist movements. 'Terrorism and other nihilistic movements grow in societies with tyrannical governments'xii. We would be a wiser society if we remember this.
This analysis also provides the keys to resolution mechanisms, giving a stark insight into peace challenged by unbridled violence in conflict. Theoretical constructs provide us only with the foundation for reconciliation and resolution; in the end we need paradigm reconstruction of state legitimacy to give us that ever elusive peace.
REFERENCES
Bhat, M Ashraf. 07 March 2014. Memories of Kashmir: Past, Present and Hope. Published in Countercurrents.org. http://www.countercurrents.org/bhat070314.htm
Bose, Sumantra. 2003. Kashmir: Roots of Conflict, Paths to Peace. New Delhi: Vistaar Publications.
Clausewitz, Carl Von. 1997 (Reprint). On War. Herefordshire: Wordsworth Classics of World Literature.
Erol, Ali E. 01 September 2010. Understanding in Conflict: a Hegelian Approach to Conflict Analysis and Transformation. Published in Unrest Magazine: Engaging Systems of Violence.
Haqqani, Husain. 2013. Magnificent Delusions: Pakistan, The United States, and an Epic History of Misunderstanding. New York: Perseus Books Group.
Jaffrelot, Christophe. 2015. ‘Five Ethnic Groups for One Nation’, in The Pakistan Paradox: Instability and Resilience, New Delhi: Random House India.
Joshi, Arun. 2013. ‘Where is strife torn J&K headed?’ in On The Frontline. Bathinda: The Tribune. 30 September 2013.
Kalyvas, Stathis. 2006. ‘Concepts’, in The Logic of Violence in Civil War. Cambridge University Press.
Kriesberg, Louis and Dayton, Bruce. 2013. Constructive Conflicts: From Escalation to Resolution. New Delhi: Viva Books.
Lammers, CJ. 1969. Strikes and Mutinies: A Comparative Study of Organisational Conflict between Rulers and Ruled. Published in Administrative Science Quarterly: 14.
Lawrence, Adria and Chenoweth, Erica. 2010. ‘Introduction’ in Rethinking Violence: States and Non-State Actors in Conflict. Cambridge, Massachusetts: Belfer Center Studies in International Security, The MIT Press.
Luza, Radomir. 1964. The Transfer of the Sudeten Germans: A Study of Czech-German Relations, 1933–1962. New York University Press.
Mahapatra, Debidatta Aurobinda and Shekhawat, Seema. 2007. ‘The Kashmir Conflict’, in Conflict in Kashmir and Chechnya: Political and Humanitarian Dimensions. New Delhi: Lancer Books.
Mortenson, Greg. 2005 With winter looming, International support for Pakistan earthquake victims dismal. Published in www.K2climb.net on 2nd November 2005.
Nirmal, Anjali and Bartaria, Virendra. 1996. Kashmir: An Experiment Gone Sour. Jaipur: Pointer Publishers, pp. 11-16.
Puri, Balraj. 1982. Jammu & Kashmir: Triumph and Tragedy of Indian Federalization. New Delhi: Asia Book Corp.
Quraishi, Humra. 2004. ‘The Lost Generation’, in Kashmir: The Untold Story. New Delhi: Penguin India.
Schoefield, Victoria. 2010. Kashmir in Conflict: India, Pakistan and the Unending War, New York: IB Tauris & Co Ltd.
World Health Organization. 2002. World Report on Violence and Health.


i Kashmir and International Law: How War Crimes Fuel the Conflict, available at: http://www.crimesofwar.org/onnews/news-kashmir.html . Accessed on 10 February 2013.
ii The Government of India established the Sarkaria Commission on Centre-State relations, with a mandate to recommend changes to the structure of balance of power between centre and states within the ambit of the Constitution of India. The Commission was established in 1983 under Justice RS Sarkaria, a retired Supreme Court judge. It submitted its report in 1988 in the form of a White Paper extending to 1600 pages, with detailed recommendations on all aspects of centre-state relations. To what extent the government took upon itself seriously, the task of implementation is evident from the fact that even in 2005, it was partially implemented/ at “some stages” of implementation.
iii The idea of territorial ambitions becoming the kernel or centrifuge of the conflict has been written by the authors in a separate paper analysing conflict.
iv Dr Noor Mohammad Bilal, as quoted by Humra Quraishi.
v Carl von Clausewitz, German General Officer, who served in the Prussian and Russian armies, in the era of the Napoleonic Wars in Europe, lived from 1780- 1831. His writings comprised his observations and personal experiences during the time. After his death, his wife edited his works and these were subsequently published. These remain one of the foremost works on war and military strategy, even though they were written in times of tactics and technology which were rendered obsolete soon after his death. His treatise On War is considered as one of the most comprehensive theory on military practices till date.
vi Arun Joshi, ‘Where is strife torn J&K headed?’ in On The Frontline, The Tribune, Bathinda Edition, 30 September 2013.
vii Kriesberg and Dayton have attributed the continuing and persistent enmity to this factor of past 'humiliation', which gives impetus to increasingly dehumanized modes of conflict. In the context of this study, the situation in J&K has reached such proportions, providing the opportunity for mobilizing of such sentiments.
viii The vexatious Article 370 has increasingly gained traction as being responsible for growing inequality and fuelling conflict in J&K. The authors have written on the debate surrounding the revocation of Article 370 in a separate paper titled ‘Jammu and Kashmir & the Politics of Article 370: Seeking Legality for the Illegitimate’. The same can be accessed at http://grdspublishing.org/index.php/people/article/view/474 .
ix The author of this paper was deployed in these high altitude operations in 1999, called Operation Vijay.
x Statement by Atal Bihari Vajpayee, Prime Minister of India, to Prime Minister Tony Blair, as reported in The Nation, London Edition, 6th June 2002.
xi Fact Finding Report By The Independent Women's Initiative for Justice, 11th December, 2009, available at: www.countercurrents.org .Accessed on 20 September 2015.
xii Statement by Fawaz Gerges, Professor, London School of Economics on CNN Live, 7th April 2016.

June 28, 2017

JAMMU & KASHMIR & THE POLITICS OF ARTICLE 370: SEEKING LEGALITY FOR THE ILLEGITIMATE


Online version of this research paper can be accessed at:

http://grdspublishing.org/index.php/people/article/view/474

Introduction
Article 370 of the Constitution of India provides special autonomous status to the state of Jammu & Kashmir. The erstwhile Article 238, pertaining to Part B states or former princely states was repealed by the 7th Constitutional Amendment in 1956 after the reorganisation of states. However Article 370 overrode the provisions of Article 238 as special provisions to the state of J&K. The provisions of Article 370 have been controversial right from inception, with Dr BR Ambedkar as the principal drafter of the Constitution, having refused to draft the article owing its bias and unequal dispensations within the framework of a free India. The drafting was eventually done by Gopalaswami Ayyangar, who was a former Diwan to the Maharaja of J&K. It was initially meant to be temporary in nature, hence it was included in the Temporary and Transitional Provisions in Part XXI. This paper intends to examine the Article and the validity of the politics attached to it, based on four specific arguments, these being as under:
First, how the very Genesis of Article 370 spawns conditions for inequality in India. Second, how the Retention of Article 370 implies festering of contentious issues. Third, how the Ramifications of Article 370 forge inequality within the state of J&K. Fourth, how the Politics over Article 370 only seek limited leverage from it.
The above arguments have been examined through an engagement with primary and secondary sources, and attempt to address the views presented in sources representing different traditions. Article 370 has been examined using the points of views across a spectrum of opinion, an interpretivist approach tries to classify this debate in the larger context of its continuation or revocation.
Was Article 370 used for the delegation of power as it was originally intended to do for a vulnerable population who were insecure about their identity and their culture? Did Article 370 recreate power structures as it was intended to, or did it just add another level of subterfuge to extant biases in society? Did Article 370 indeed increase the level of accountability in the institutions of the state that were meant to protect the rights of the people and therefore empower them? Has Article 370 improved social mobility in any manner, or has it in fact served to only curb it further? Is there an underlying and inherent contradiction in the debate about whether the state wants to be a part of India or its quest for self governance? Finally, has Article 370 worked in the manner it was envisaged to, or has it succeeded in aggravating inequality within the state and in the larger context of India? The analyses of these arguments would seek to answer the question whether Article 370 should continue or be revoked, and whether it is related to the growth of conflict in J&K.

Argument 1: The Genesis of Article 370 itself created inequality in the Indian context
The Instrument of Accession for the state of Jammu & Kashmir was signed by Maharaja Hari Singh on 26th October 1947, making the state an integral part of the Union of India, and marking the culmination of the longest standing conflict in South Asia. In these the most desperate of circumstances, in an act signifying sheer despondency, the wily Maharaja still managed to insert clauses in to the agreement to ensure Indian jurisdiction remained confined to defence, external affairs and communications. Effectively, these clauses were meant as safeguards to his own sovereignty1 (Akbar 2008: 135). It also signified in some ways the Maharaja's difficulty in swallowing a situation wherein he not only had to deal with Nehru, Prime Minister of India, but also Sheikh Abdullah, who had consistently opposed him for over twenty years2 (Schofield 2010). Despite some opposition from the Constituent Assembly of India, the issue never drew the kind of vehement opposition that would have ensured its timely burial, and ultimately it became the effective precursor to Article 370 of the Indian Constitution. Due to the opposition of Dr BR Ambedkar in drafting the article, owing its bias and unequal dispensation within the framework of independent India's Constitution, the task was entrusted to Gopalaswami Ayyangar, trusted by Prime Minister Nehru, and a former aide of the Maharaja. Ayyangar argued that the special article governing J&K was a fallout of the special conditions of its accession to India coupled with the military conflict that had overtaken it immediately. Further, with the involvement of the United Nations, it was seen as a positive projection of the nascent Indian republic trying to base such issues on the 'will of the people'. Thus, Article 370 confers special status to the state of J&K, which is one of the vexing conundrums of contemporary Indian politics; in fact the inherent inequality gave rise to the entire debate about a special status given unlike other princely states which acceded to India in 1947. Had it not been for this special status, certain realities may not have changed even in this case, and the quandaries may have still remained as complex. It would still be a Hindu Maharaja ruled state with a dominant Muslim population. Post the accession, the opposition to the imbalance between the two would still have been palpably present; in fact, possibly more so, given the imposition of a social and democratic order (as per the Constitution of India). Post Independence India would still see a churn in terms of its social outlook, policies, laws giving some manner of equality to its diverse population, of which the people of J&K would partake equally. Wherein Sheikh Abdullah as a popular leader may not have changed, but the differences between him and the central government may never have arisen. Even if they had, the differences may have been of the nature that political differences arose with leaders such as JP Narayan. Yet the yearning of the people for equality, for development, for justice, would have existed. It may have resulted in J&K taking a route akin to the other Indian states of Bihar or Uttar Pradesh or Madhya Pradesh; extant differences in various regions (whether based on identity or religion) may have seen the division of the state into simpler administrative units (as has been the case with Jharkhand or Chhattisgarh or Uttarakhand). Individual states and/or union territories of Jammu, Kashmir and Ladakh being formed to cater to the aspirations of the distinct people of each of these parts may have sprung up in due course.
Given the nature of social conflicts, unequal terms will invariably create conditions for the conflict to take a destructive turn. The inexorable nature of conflict would not necessarily mean unbridled violence, provided the conflict is moulded or turned towards a positive and constructive turn. The choice to make the social conflict in J&K constructive in nature was within the grasp of the Indian government, as Sheikh Abdullah initially professed his fidelity to India and its Prime Minister, Jawaharlal Nehru3 (Akbar 2008). He propagated the cause of joining India, especially in terms of the peasant reforms he intended to usher in, which would never reach fruition in a feudalism protected Pakistan. This would also have proved to be the death knell of an unequal and controversial Article 370. However as history bears us out, events turned in a different direction.
Therefore in its very genesis, Article 370 sought to create unequal terms for people who were citizens of the same country, living in different regions. This was also a precursor to the unequal development of people in J&K itself and in comparison to the rest of the country. The multiple cause and effect of the Maharaja's bid to safeguard his own sovereignty, Nehru's bid to invalidate Jinnah's Two Nation Theory, and Sheikh Abdullah's bid to ascend to power; all of these have only resulted in effecting an unequal playing field and creating roots for future disharmony.
Argument 2: The Retention of Article 370 allowed the contentious issue to fester beyond reasonable limits
Under Part XXI of the Constitution of India, special autonomous status is granted to the state of J&K4 (Constitution of India Updated 2015). Part XXI of the Constitution deals with the Temporary, Transitional and Special Provisions. Some of these provisions also exist for tribal areas in India, such as Arunachal Pradesh, Andaman & Nicobar Islands and Nagaland. However the special status granted to J&K after accession has been retained as such due to the ongoing dispute at the UN Security Council between India and Pakistan.
Despite the grant of special status to the state of J&K, it remained mired in controversy and political intrigue right from accession itself. Conflicting interests of the main protagonists resulted in a series of differences on a number of key issues. Needless to say, it set the tone for the future as well. For instance, India and Pakistan were at loggerheads on the legality of accession, both making claims and counter claims. With the issue being raised before the UN, the question of a plebiscite became more complex. This complexity was owed to Pakistan's refusal to concede the territories annexed by it and ostensibly named Azad Kashmir or free Kashmir. India on the other hand used this as an argument against the conduct of plebiscite; plebiscite after all was meant for the complete state of J&K, and not just the portion which remained under Indian control. A special United Nations Commission for India and Pakistan (UNCIP) intended to negotiate the withdrawal arrangements as per the Security Council resolution and made three visits to the subcontinent between 1948 and 1949, trying to find a solution agreeable to both India and Pakistan. A resolution was passed in August 1948 proposing a three-part process, which was accepted by India but rejected by Pakistan5.
India insisted that Pakistan withdraw first, and Pakistan contended that there was no guarantee that India would withdraw afterwards; this resulted in a stalemate.
Within India, the veracity of a special status was being heatedly debated. Sheikh Abdullah had his own vision of a new Kashmir, and was frequently conflicting with the Maharaja on issues of command and control, including the future of the state forces. This got further exacerbated by the absence of the Maharaja from the seat of power in Srinagar, making any communication between the two even more minimal. With the Sheikh enjoying the patronage of Nehru, in May 1949, the Maharaja was eventually asked to take a holiday away from the state, a euphemism for advising him abdication of the throne6 (Singh 1982). It was less than two years since the accession. In some ways this emboldened Sheikh Abdullah, as was seen in later years.
In the next few years, the Sheikh was seen making repeated flip- flops in his stance towards the future status of J&K. While publicly proclaiming allegiance to India, he was seen dallying with the establishment in Pakistan, as well as exploring the option of an independent Kashmir. In 1948 at the United Nations (UN), Abdullah spoke in favour of the Accession, but in a private meeting with Warren Austin the United States (US) representative to the UN, he discussed this third option of independence, with British and American aid to help develop the new country7 (Bhattacharjea 1994). In the same instance there were reports of his discussions with the Pakistani delegation wherein he assuaged their fears by the argument that an independent Kashmir would naturally tilt towards Pakistan. This was viewed with suspicion by the government of India amidst growing political din on the issue of a continued special status. Sardar Vallabhbhai Patel, the Home Minister of India was indeed very worried about the Sheikh being in constant communication with his erstwhile comrades across the Cease Fire Line, especially Ghulam Abbas. The same has has been noted with some concern in his correspondence with Nehru8 (Patel 1948, 1950). The constituent assembly of J&K which had 100 seats, continued to retain 25 seats for the members from Pakistan occupied Kashmir (PoK)9. In the areas of Jammu and Ladakh, other reasons for dissent were fermenting. In Jammu, the sudden shift from a Jammu based Hindu ruler to a Kashmir based Muslim rule, was cause for tremendous heartburn, as were the issues of a separate flag, a separate constitution and a separately elected governor (not nominated by the centre in Delhi). Similarly, in Ladakh, it soon became evident that Sheikh Abdullah was far removed from the Ladakhis and their way of life. As early as 1949, they wrote to Nehru to ask for integration with Jammu or East Punjab, as separate from the valley. The enormous wealth of Buddhist monasteries was threatened by the land reforms of Sheikh Abdullah, setting off a religious friction, as also the fear of eventual accession to Pakistan. Further, the Shia Muslim population of Kargil did not harbour any intentions of joining up with a cause largely championed by Sunni Muslims as also a Sunni dominated Pakistan. All these issues served to make the question of Article 370 even more vexed and contentious.
In 1953, Sheikh Abdullah was arrested and almost continuously for the next 20 years continued to be detained by the Government of India. The intervening years saw the rise of Bakshi Ghulam Mohammad and later GM Sadiq, with the worst of political manoeuvring to stay in power keeping Article 370 artificially propped. After the Sheikh was finally released in 1973, detailed discussions were conducted between him and Prime Minister Indira Gandhi, with the focus on a self rule by a democratically elected government. Accordingly, the Indira Gandhi- Sheikh Abdullah accord of 1974 committed itself to continue status quo under provisions of Article 370.
Thereby the Centre's jurisdiction extends to Defence, External Affairs, Communications and Finance. J&K can be placed under the Governor's Rule in a state of Emergency only under certain conditions. The state has its own Constitution, titled Constitution of Jammu & Kashmir, which was ratified in law by the Centre in 1957, after its adoption by the state in November 1956. The two main bones of contention that have emerged as part of the narrative are:
- Why two constitutions? This is considered unequal with the rest of the country. Even if the special status is justified by the special circumstances surrounding the accession of J&K to India, the second point becomes difficult to answer in logical terms. Further, in the other parts of the country which were given special status owing various reasons, a separate constitution has not been sought. This exacerbates the bias, and qualifies the argument in favour of inequality.
- Why have an article in the Indian constitution that leaves so much room for continued misinterpretation, which has been repeatedly proved by events over the intervening years. Whether it was Abdullah citing the special status to justify his dalliance with Pakistan, or the inciting of violence by Pakistan, or the creation of an unequal platform within India, all these are indicative of the kind of misinterpretation of Article 370.
A counter argument offered is the gradual erosion of Article 370 by a series of Presidential orders which have left only a shadow of the original article; the only substantial differences pertain to the rights of permanent residents, emergency provisions and name and boundaries of the state10 (Mattoo 2014). This has been viewed as a cause for an ideological clash. However, the nationalists perceive this as only a lame excuse to justify the ongoing conflict. In any case history bears out the fact that the very people responsible for the political and constitutional erosion are now assuming the moral high ground of autonomy. The mainstream polity and intelligentsia profess that the continued retention of Article 370 has allowed contentious issues to fester beyond reasonable limits. Had the Article been time bound or incorporated in a manner to allow its lapse in due course of time, a very high probability of the contentions being resolved would have existed. Integration in to the mainstream of society and polity have normally been seen as equalizers. The flow of liberal opinion, people and ideas does not reduce the autonomy or the identity; to the contrary they only serve to secure.

Argument 3: The Ramifications of Article 370 seek to create inequality even within the state of J&K
Although J&K was adopted as the 15th state of of India, the special status conferred on the state under Article 370, limits the jurisdiction of the Centre over the state. Despite this, Sheikh Abdullah considered the inclusion of the article under Temporary and Transitional Provisions of the Constitution dubious, and insisted on iron-clad guarantees. Notwithstanding the guarantees offered by the Constitution which result in severe restrictions on the Centre Abdullah used these as the underlying (mis)interpretations for his historical shift from a pro- India stance to one of Independence/ self determination. It got him arrested in 1953, as well as dismissal of his government – the start to what would be nearly 20 years in detention.
Under Emergency Provisions, the Centre can only declare emergency in J&K in case of war/ external aggression. It cannot declare financial emergency or an emergency on the grounds of internal disturbances without state government concurrence. It remains the only state to not have to account for the monies flowing in and out of the state. Further, Fundamental Duties and Directive Principles of State are not applicable to J&K. The Constitution of J&K cannot be amended in respect of the provisions of Article 370 by the state legislature. The Centre cannot revoke Article 370 without the recommendations of the Constituent Assembly of J&K. The Constituent Assembly ceased to exist in 1957 hence the revocation of Article 370 cannot be done without an amendment of the Constitution of India. (It is pertinent to note here that this convoluted state of affairs is largely attributable to the political opportunism embraced by the leaders of the state and their inter-se relationship with the polity and the political thought at the Centre). If the Indian Parliament amends the Constitution of India in order to remove Article 370, apart from the political machinations required for such an exercise, such an act may be subject to judicial review. Opinion is divided on whether such an occurrence will be able to stand up to judicial scrutiny.
Certain issues which stand out in the context of inequality in the state are being highlighted in the argument. Firstly, inequality pertaining to religion. Secondly, inequality of resident status. Thirdly, deprivation of rights to underprivileged sections. Last but not the least, gender bias inherent to the provisions of Article 370.
Inequalities pertaining to religion have been persistent since accession of J&K to the Indian state. At the time of accession, J&K had about 4 million people, 76.4% being Muslim, 20.1% Hindu, and 3.49% Others, mostly Sikh and Buddhist. Srinagar had 208,000 people (78.4% Muslim, 20.7% Hindu, 0.9% Others), and Jammu had 50,000 people (60.7% Hindu, 31.6% Muslim, 7.8% Others, mostly Sikh). Demographics changed on account of the occupation of almost one third of the territory by Pakistan, called PoK, then by the Chinese occupation of Aksai Chin, and then by the ceding of Sakshgam by Pakistan to China. As a result a census in J&K is not complete; yet if the Line of Control (LoC) were to become the de-facto International Boundary (IB), the demographics would be very different than what is being claimed as a Muslim majority state. Areas of Jammu and Ladakh are not demographically similar to those of Kashmir; also, large tracts of J&K are Shia dominated, such as Kargil in India and Gilgit- Baltistan on the Pakistani side of the LoC. Historically, Shias have largely not been a part of the separatist demand, and more so since Pakistan is Sunni dominated and has a long and bloody history of Shia persecution in its occupied territories.
Given below is a tabulated form of population figures in J&K which further amplify the argument, indicating the change in demographics, as illustrated in the maps above.
Table 1: Population of Jammu & Kashmir by religious figures*
Division
%Area
%Population
Population
%Muslim
%Hindu
%Sikh
%Buddhist/Others
Kashmir
15.73%
54.93%
6,888,475
96.40%
2.45%
0.98%
0.17%
Jammu
25.93%
42.89%
5,378,538
33.45%
62.55%
3.30%
0.70%
Ladakh
58.33%
2.18%
274,289
46.40%
12.11%
0.82%
39.67%
Jammu & Kashmir
100%
100%
12,541,302
68.31%
28.43%
1.87%
0.89%

*Source: Census of India, 2011
As per records, approximately 525,000 people migrated from Indian J&K to Pakistan and PoK in 1947- 48, as against about 226,000 from PoK to India (Snedden, 2013). Since the 1990s, about 300,000 Kashmiri Pandits have been displaced from Kashmir as per analyses by various agencies, including the Central Intelligence Agency (CIA).
In the larger context of the scenario today, Article 370 seems to be unjustly tilted in favour of the Muslim population of (only) Kashmir, whereas it seemingly neglects the aspirations of Shia Muslims in other parts of J&K, Hindus, Sikhs and Buddhists. These communities have close links with their brethren in other parts of the country. For instance, Hindus, largely Dogras, in Jammu are closer to the Dogras in Himachal Pradesh and Punjab, Sikhs have ties with the Sikhs of Punjab and north India, and even the Buddhists are closely linked to the Buddhist communities settled in Himachal Pradesh and other parts of north India. Therefore, is it fair to impress Article 370 on these communities, who may want to maintain and further their ties within their respective ethno- cultural religious communities in other parts of the country, but are invariably restricted by the issue of losing their rights as citizens of J&K by doing this. This argument can be further carried forward if one were to include the occupied territories of PoK. It is well known and documented that Pakistan has followed a single point agenda in PoK, wherein it has encouraged large scale migration by its Punjabi population in to these areas in order to change the demographic profile in the long run. It hopes to upset the plebiscite vote in its favour in the (remote) eventuality of that event taking place. Over the years, it has sought to do the same with Gilgit- Baltistan by way of its maturing relationship with China, the ceding of Sakshgam valley, and lately the China-Pakistan Economic Corridor (CPEC) that runs smack through the middle of disputed territory. Rising protests from the local population for economic, political and demographic reasons have been highlighted in the media and have been documented in another paper by the author.
Therefore, the facts as mentioned above point directly to a positive correlation of Article 370 with promoting religious inequality in the state. Pertinent here is that the issue of religion has crept in to J&K politics only recently, and that too, likely at the behest of Pakistan to further its own aims. If J&K were to be amalgamated in to India, even with certain provisions relating to protection of its autonomy in Article 370, there need not be any insecurity on account of religious denomination. This is especially so given the secular fabric of India. On the other hand, this continued retention of the article is creating unnecessary religion based rifts owing its tilt to one community.
Inequalities pertaining to resident status have been existing since the accession of J&K to India in the aftermath of partition. The rights of Permanent Residents (PRs) as brought out earlier, extend to property, citizenship etc. Effecting this was seen as a means to protecting the identity of the Kashmiris, but the state saw a migration of almost 525,000 people towards the territories under Pakistani control and about 226,000 towards India. In PoK, no such concern was exhibited towards protection of the Kashmiri identity, and over the last six decades, a massive influx of people from other parts of Pakistan has been encouraged, for settlement in the region. In the early 1980s, the Sheikh Abdullah government passed the Resettlement Bill (now Act and under judicial review of the Supreme Court), to resettle those who migrated to Pakistan and their descendants to return and reclaim property and citizenship rights in J&K. This matter was taken to the Supreme Court, after massive protests by both the Congress and Bhartiya Janta Party (BJP). Though under judicial review, the Act exists, and does gross injustice to the cause of Kashmiri identity, because the demographics in PoK are no longer what they were sixty years ago. And indeed, if this were to be implemented, then what about the rights of those who came in from Pakistan, or the Kashmiri Pandits in exile? Ironically, a Pakistani woman getting married to a Kashmiri will get this status. On the other hand those who migrated from West Pakistan, and despite living in the state for more than six decades, are denied their fundamental rights as citizens of the state11. In addition, there is the Kashmiri Pandit community which has seen mass exodus 1990 onwards; very legitimately, their concerns about their resident status remain one of the biggest questions facing any settlement of the J&K issue.
Here again, what does the vexatious Article 370 have to offer? If we were to assume PoK being a foregone conclusion, then the state of J&K as it stands today on the Indian side of the LoC can no longer justify the provisions of this article, because the fundamental rights of a large section of people residing in the state or having been forced to leave, both have to be ensured and restored. However, if we optimistically hope to see the state of J&K in its original form, then those who argue in favour of Article 370 will not have any means to justify the change in demographic patterns in PoK.
For those who argue about the erosion of Article 370, it is important to remember that Presidential Orders have served to provide the same benefits that underprivileged sections in India enjoy. Herein the inequalities arising due to deprivation of rights to such underprivileged sections come in to play. If Article 370 were to be restored to its original form, the entire gamut of reservations to Scheduled Castes (SCs), Scheduled Tribes (STs) and Other Backward Classes (OBCs) in education and employment would get rolled back. Would that not be a regressive move? Without entering any debate about reservations as such, it suffices here to agree that certain sections of society need some reservation to enable them to reach some semblance of equality with the more privileged lot.
In the run up to the Parliamentary Elections of 2014, the BJP's Prime Ministerial candidate Narendra Modi made some remarks about the lack of status afforded to women in J&K12. Though factually inaccurate, and which was gleefully pointed out by his opponents, the fact remained that his remarks raised the bogey of Article 370 once again. In this instance, it was at the national level, opening up a debate about whether it was time for Article 370 to be revisited and possibly revoked13 (Joshi 2014).
Certain special rights have been granted to the citizens of the state pertaining to permanent settlement, acquisition of property, employment, scholarship and forms of aid. For instance, only permanent residents of the state are allowed to acquire property. Though both males and females are PRs, females lost their PR status upon marriage, till as late as 2002. In that year, a J&K High Court judgement by a full bench, one judge dissenting, forced the government to rescind this unequal provision, making women eligible to remain PRs and continue to enjoy the various rights of a PR14 (Puri nd). Yet a measure of the resistance to any change can be found in the then People's Democratic Party (PDP) government introducing a Bill titled PR (Disqualification) Bill 2004, which even found political backing from its arch rival the National Conference party. The Bill was passed in the lower house of the Assembly; fortunately it did not see fruition in the upper House. This gives rise to a debate on gender bias inherent within the provisions of the article.
The positive correlation between Article 370 and the inequality in the state is evident from these ramifications of the article. What was incorporated to ostensibly protect the rights of the people of J&K, seems to have evolved in a way to create the mythical hydra. In its present form, Article 370 seeks to create inequality in a society which is already reeling from its effects.
Argument 4: Politics over Article 370 are only a manifestation of seeking limited political leverage from the ongoing debate.
Due to the politically charged atmosphere, Article 370 finds a mention in various fora. These can largely be viewed as bids to gain political ground or create political space for parties seeking media attention. Alternatively, with a mention of Article 370, political parties try to popularise their respective agendas and polarise their respective constituencies. Usually such political statements are made without reference to the fact that J&K is not a homogeneous entity; Jammu has a majority Hindu population and Ladakh comprises Buddhists and Shia Muslims. That Article 370 is grossly incompatible with the full integration of J&K with the rest of India tends to get overlooked by political rhetoric. The fact that a concurrence is required for every decision of the Centre by the state government effectively serves as a veto. Other facts such as Article 352 and 360 (declaration of national and financial emergency) not being applicable to J&K, citizens having dual citizenship etc are all lost in the political din. Article 356 for imposition of President's rule cannot be enforced in J&K without the consent of the Governor.
To get an idea of the extent to which Article 370 is misinterpreted to suit the interests of the state government (and not the people), a landmark judgement by the National Human Rights Commission (NHRC) in the case of the custodial death of a rickshaw puller, Mohan Lal in police custody due to torture, highlights the issue very well. In an order dated 19th August 2009 the NHRC directed the State Government to pay a sum of Rupees Five Lacs (500,000) to the next of kin of the deceased rickshaw puller Mohan Lal. However, the state government refused to comply with this order. On 28th October 2010, the state government answered, challenging the jurisdiction of the NHRC to pass such orders due to Section (2) of the Protection of Human Rights Act, 1993 which specifically excludes the operation of the said Act in J&K because it relates to entries enumerated in List II of the VII Schedule of the Constitution of India. On 27th December 2010, the NHRC set this contention of the state government aside, with a detailed justification of its order15.
The facts mentioned above indicate the level to which Article 370 is deliberately misinterpreted. However this gets covered up in the political rhetoric which accompanies any mention of the article. As brought out in the Argument 3 above, the mere mention of Article 370 by the BJP's Prime Ministerial candidate Narendra Modi, set in to motion a cacophony of voices across the political spectrum16. Immediately after the Parliamentary elections, with the BJP now in power, statements both in the print and digital media set the issue afire. Having promised the abrogation of Article 370 in its pre-election promises, the BJP found itself answering these statements. Official positions of various parties were now solidified keeping in view the upcoming state elections in J&K. The ruling NC which stood on the wrong side of an anti-incumbency wave sought to right some of the wrongs perceived during its six year term by reiterating its stand on Article 370 being a matter of faith to its party ethos. The NC's Omar Abdullah (then Chief Minister of J&K, and grandson of Sheikh Abdullah) had a veritable war of words including over social media with the Minister of State, Dr Jitender Singh as also Ram Madhav, senior leader of the Rashtriya Swayamsevak Sangh (RSS), a right wing organisation and considered to be the hand behind the success of the BJP with its right wing Hindu agenda1718. Much before this round of war-of-words started, the BJP had been expressing the fact that Article 370 was being used as an excuse to stop gainful legislations of India to the common man in J&K19. Not to be left behind, the Congress too put forth its point of view via Dr Karan Singh (son of the erstwhile Maharaja, and now Member of Parliament from the Congress), desperately trying to balance the political equation as well as the opinion on the street20.
A stark example of how politics makes for strange turn of events, unfolded thereafter. Mehbooba Mufti, leader of the PDP, daughter of now late Mufti Mohammad Sayeed, is now the Chief Minister of J&K, after the demise of the Mufti. In an interview with the Editor-in-Chief of the Tribune, Mehbooba Mufti categorically denied any possibility of an alignment with BJP in the elections21 (Chengappa 2014). In another part of the same interview, she was asked about the issue of abrogation of Article 370 being raised by the Modi government. Her reply was in the negative, saying, “I do not think they can do it...this is the relationship on which accession is based...feel that there is no place or space in this huge and great democracy for the people of Jammu and Kashmir to live with dignity and honour, and we are being disrobed, then we may have to revolt”.
As things stand, post the elections, the PDP aligned itself with none other than the BJP, and this coalition is still governing the state. The BJP has not changed its stance after the coalition being formed; indeed it still seems to be waiting to get its majority in parliament before taking the abrogation of Article 370 to the next level22 (Firstpost 2015).
July 2016 onwards the state has been virtually afire, with massive protests and stone pelting taking a vicious turn. The main political parties both at the state and the Centre are still busy doing lip service while the man on the streets is left to fend for himself. No one is discussing the nuances of what Article 370 has done to the state. There is no mention of the status of refugees, mere political posturing on issues of rights of the people, and generally a procrastinatory feeling in the air. Hence the argument that Politics derived from Article 370 are merely seeking to gain leverage from the debate-of-the-month, polarise constituencies, and create political space. It means nothing to any of them beyond that.

Conclusion
Article 370 was envisaged as an instrument to protect a vulnerable people who were unsure of their identity and culture; in the same instance it intended to assure autonomy to create space in governance and empower people to decide their future. As can be seen from the arguments above, this delegation of power has remained mired in the clutches of only a few and the very basis of the autonomy granted is challenged due to the lack of accountability in public life. In the larger context of India, whether it is the refugees from Poonch, Mirpur and Muzaffarabad, or the case of Kashmiri Pandits in exile, the state has failed to provide a mechanism for redress23. The extreme case of discrimination cannot be justified in terms of any reasoning offered by Article 370 or those who advocate it. Instead of empowering the people to decide their own future and fate, the article risks this very underlying reason for its incorporation in the first place, and has been abused without any qualms24. Therefore, the argument that it is the erosion of Article 370 and not its creation that is helping separatism bloom, stands without merit. It is these factors which make a strong case for revocation of Article 370 to be taken at the highest levels without further delay and discord.

References and Bibliography
Akbar, M J, 2002. “Clause 7, Article 370 and a Three Nation Theory” in Kashmir: Behind the Vale, Roli Books, New Delhi, First Edition, pp 135-137.
Bhattacharjea, Ajit, 1994. Kashmir: The Wounded Valley, South Asia Books, p. 181.
Chengappa, Raj, 2014. “Lifting Article 370 will further alienate valley”, in The Sunday Tribune, Bathinda Edition, 15th June 2014, p.13. Editor-in-Chief interview with Mehbooba Mufti, Member of Parliament and President of People's Democratic Party (then), currently Chief Minister of Jammu & Kashmir.
Constitution of India, accessed from https://india.gov.in/my-government/constitution-india/constitution-india-full-text . Also read Constitution of India (Updated up to One Hundredth Amendment 2015), accessed from http://indiacode.nic.in/coiweb/welcome.html .
Evans, Alexander, 1st March 2002. “A Departure from History: Kashmiri Pandits, 1990-2001” in Contemporary South Asia. 11 (1), pp 19–37.
Joshi, Arun, 2014. “What's the Politics behind Article 370”, in The Sunday Tribune, Bathinda Edition, 1st June 2014, p.9.
Korbel, Josef, 1953. "The Kashmir dispute after six years", Cambridge University Press, pp. 498–510.
----. 1966. Danger in Kashmir, Oxford University Press, Pakistan, p.153.
Mattoo, Amitabh, 2013. “Understanding Article 370”, http://www.thehindu.com/opinion/lead/understanding-article-370/article5426473.ece , posted on 6th December 2013, updated on 29th May 2014, accessed on 1st July 2016.
Patel, Sardar Vallabhbhai, 1948. Patel Correspondence, correspondence to Jawaharlal Nehru, Vol X, Doc 250, 3rd July 1948.
----. Vol X, Doc 247, 27th June 1950.
Puri, Balraj, nd. “Analysis of J&K PR Bill”, http://www.pucl.org/Topics/Law/2004/jk-pr-bill.htm , accessed on 1st July 2016.
Schofield, Victoria, 2010. “Special Status” in Kashmir in Conflict: India, Pakistan and the Unending War, IB Tauris and Co Ltd, First South Asian Edition, 2010, pp 73-78.
Singh, Karan, 2003. Heir Apparent- An Autobiography, Oxford University Press, India, Paperback Edition.
Snedden, Christopher. "What happened to Muslims in Jammu? Local identity, '"the massacre" of 1947' and the roots of the 'Kashmir problem'", in South Asia: Journal of South Asian Studies, 24 (2), pp 111–134.
----. 2013. Kashmir - The Unwritten History, HarperCollins Publishers, India.
Thapliyal, Major General Sheru, 2011. “Article 370: The Untold Story”, in Indian Defence Review, Issue Vol.26, Jan-Mar 2011.
Varshney, Ashutosh, 1992. “Three Compromised Nationalisms: Why Kashmir has been a Problem” in Perspectives on Kashmir: The Roots of Conflict in South Asia, Westview Press, pp.191–234.

Websites/ Online web archives
1 Clause 7 says: Nothing in this Instrument shall be deemed to commit me in any way to acceptance of any future constitution of India.... Clause 8 says: Nothing in this Instrument affects the continuance of my sovereignty in and over this State....
2 Capt Dewan Singh, Former ADC to the Maharaja, in an interview to Victoria Schofield in Jammu, 1994.
3We have decided to work with and die for India”, Sheikh Abdullah at a press conference in 1948, after becoming Prime Minister.
4 Constitution of India, and Constitution of India (Updated up to One Hundredth Amendment 2015).
5 Korbel, Josef: "Though India accepted the resolution, Pakistan attached to its acceptance so many reservations, qualifications and assumptions as to make its answer `tantamount to rejection'.
6 Singh, Karan: “My father was stunned. Although rumours to the effect that he might be pushed out of the state had been in the air for some time, he never believed that even the Sardar would advise him to adopt this course....”
7 Warren Austin, representative of the US at the UN, to the US Secretary of State, reporting the conversation with Sheikh Abdullah.
8In particular, Sheikh Sahib's manoeuvres to have a separate talk with Ghulam Abbas fill me with misgivings...the attitude of Sheikh Sahib, his failure to deal with the communist infiltration in the state and the dissentions within the National Conference...both National Conference and Sheikh Sahib are losing their hold on the people of the valley....”
9 After delimitation of constituencies in 1988, the J&K Assembly has 111 seats, with 24 reserved for Pakistan occupied territories.
10 Emergency provisions on grounds of internal disturbances cannot be invoked without state concurrence; similarly the state's name and boundaries cannot be altered without the consent of the legislature.
13 Joshi, Arun, “What's the Politics behind Article 370”, in The Sunday Tribune, Bathinda Edition, 1st June 2014.
14 Puri, Balraj, in an analysis of the J&K PR Bill, http://www.pucl.org/Topics/Law/2004/jk-pr-bill.htm .
15 Complete details of the case can be accessed at: http://www.achrweb.org/ihrrq/issue2/order_extraordinaire.html
16 Modi, Narendra, made a statement with regard to revisiting Article 370 which set of a slew of counter allegations. http://www.tehelka.com/2013/12/do-women-enjoy-equal-rights-in-jk/
17 “What's the Politics behind Article 370”, in The Sunday Tribune, Bathinda Edition, 1st June 2014, p.9.
21 Question (by Editor-in-Chief): “Would you like to align with the BJP in the coming Assembly elections?” Answer (by Mehbooba Mufti): “Not at all. This is the last thing we can think of”.
22 Patra, Sambit, BJP national spokesman speaking to reporters in Jammu: "As far as the abrogation of Article 370 is concerned, it continues to be part of the core ideology of BJP, but right now we don't have enough numbers in Parliament to do away with it ... but in future when we have the required numbers, we will work towards its removal". http://www.firstpost.com/politics/will-work-towards-removal-article-370-enough-numbers-parliament-bjp-2260292.html
23 The issue has been highlighted byAsian Commission for Human Rights in its India Human Rights Report, October- December 2010, http://www.achrweb.org/ihrrq/issue2/hindu_and_sikh_refugees.html . Opposition within India has been brought out at: http://economictimes.indiatimes.com/news/politics-and-nation/pakistan-refugees-seek-domicile-in-jammu-and-kashmir/articleshow/54486629.cms .
24 Ibid. The abuse of Article 370 has been brought out here: http://www.achrweb.org/ihrrq/issue2/Abuse.html