& çâÌæÚUæð´ ·¤è ¥ôÚU Îð¹Ùæ ÁæÚUè ÚU¹ð´ ¥ÍæüÌ ¥ÂÙð ÜÿØ ÂÚU ŠØæÙ ÚU¹ð´Ð ãæÚU Ù ×æÙð´, €UØô´ç·¤ ·¤æ× ·¤ÚUÙð âð ¥æÂ·¤ô ©gðàØ ·¤è Âýæç# ãôÌè ãñ ¥õÚU ÁèßÙ ·¤æ ¹æÜèÂÙ ÎêÚU ãôÌæ ãñÐ ÖÜð ãè ÁèßÙ ×ð´ ç·¤ÌÙè Öè ·¤çÆÙæ§ü €UØô´ Ù ¥æ°, çÁ™ææâæ ¥õÚU ©ˆâæã ÕÙæ° ÚU¹ð´Ð ŠØæÙ ÚU¹ð´, ÜÿØ ã×ðàææ ¥æÂ·Ô¤ Âæâ ãôÌð ãñ´ çÁ‹ãð´ ÂæÙð ·Ô¤ çÜ° ÂýØæâ ¥æÂ ·¤Öè Öè àæéM¤ ·¤ÚU â·¤Ìð ãñ´Ð

Controlling the Damage in Kashmir

Why Not Discuss Autonomy Earnestly?

Praful Bidwai writes from Srinagar
***
It is hard to claim that the militancy enjoys popular sanction, but even harder to say the Indian forces do. The Hurriyat and the NC too have lost credibility. Today’s situation is worse than four years ago. I hen, there was popular exhaustion with the militancy and a window of opportunity for New Delhi. That window is slamming shut.
***
IN Srinagar, public disdain for New Delhi persists despite the “funeral diplomacy" of Prime Minister Vajpayee who has invited Dr Farooq Abdullah for "autonomy" talks. The reason Is simple: People here do not trust New Delhi to give Kashmir a fair deal. Look at the recent record:
Five years ago, Mr Narashnha Rao offered Kashmir exceptional autonomy: the sky is the limit". Three successive Prime Ministers Including Mr Vajpayee solemnly reiterated that promise. But when the state’s assembly resolved to demand autonomy Within the Constitution, the Cabinet summarily rejected it on July 4.
The promised "sky" has turned'out despairingly close to the bunkers that dot kashmir's landscape. The typical reaction here Is: "If this is New Delhi's ‘generosity’, then we can only imagine Its meanness."
Tiie damage from the Cabinet’s decision Is unlikely to be mitigated by Mr Vajpayee's overtures to Dr Abdullah, and his own response. These are seen here as personal gestures, not a commitment to redressing Kashmir s grievances.
Insincerity and incoherence mark New Delhi's entire approach to Kashmir. To ward off international pressure, and appear "reasonable" (especially to Washington), it promised talks with the All-Party Hurriyat Conference, although it stands
for Kashmir's Independence. But It didn't even discuss the much milder autonomy resolution passed by the pro-lndia J&K assembly.
The RSS ensured this by rabidly opposing autonomy on July 2 at Ahmedabad. Taking a cue. Mr Vajpayee backtracked on his June 30 statement that autonomy was "within the Constitution". Aspiring Tron Man” L.K. Advani loo made a U-turn on debating autonomy in Parliament.
Plainly, the sangh parivar enjoys veto power on the NDA's Kashmir policy.
Careful analysis shows the autonomy resolution is neither unconstitutional nor unreasonable. It was preceded by the fairly coherent report of the State Autonomy Commission. Indeed, the SAC affirmed the 1947 Instrument of Accession— which makes J&K an Integral part of India. It also said J&K's merger is irrevocable.
Article 370 indubitably makes J&K a "special" state. But also special is the clutch of Articles (371A to 3711) which pertain to the Northeast, tribal
Bihar, and parts of Maharashtra. etc. The Constitution of a large country must be flexible In federal arrangements: these loo must reflect many types of autonomy.
Article 370 cannot be revoked by Parliament without the consent of (he Constituent Assembly of J&K J&K is our only state with its own flag, citizenship and Constitution. Itself recognised by the Indian Constitution. Its assembly alone has a six-year term. J&K isn't “a nation within a nation." only a special state.
Ironically, on July 4. the BJP fell back upon the very Article (370), which it loathes and opposes. The Cabinet said autonomy would nullify the 42 Constitution Application orders Issued under Article 370 It would also unravel legal arrangements reached prior to Sheikh Abdullah s 1975 return to power.
The Cabinet could have tackled these issues up-front—acknowledging that 205 Central laws were extended to J&K without proper warrant. The
Centre was wrong to amend the Constitution of J&K repeatedly through mere Presidential orders. Extending President's rule without two-thirds approval by Parliament too was unconstitutional
But dealing with all this would have entailed a serious, incisive Constitutional debate, and a critique of political exigency. This Cabinet had no stomach for this.
The autonomy resolution Is admittedly open to criticism: In place of discussion by a Group of Ministers, It demands speedy Implementation of the SAC Report; it concentrates excessive power In the CM’s hands; and it does not authentically reflect Kashmiri opinion. The ruling National Conference has lost much of Its popularity. However, the resolution was open to debate.
The Cabinet ducked the Issue. Its conduct has aggravated Kashmir’s crisis, rooted in popular alienation, mlsgover-nance. and state and militant repression. This won’t be remedied by a half-hearted manipulative discussion of auton-
omy. proposed largely to keep the NC within the NDA
If the Centre has mishandled J&K. so has the NC. For four years, the NC didn't breathe "autonomy", on which it rode to power. It'raised It only when APHC leaders were released.
Even more reprehensible Is Its attitude to decentralisation within J&K. It first appointed Mr BalraJ Purl Io head the Regional Autonomy Commission, nut arbitrarily sacked him. His sensible report was hijacked into abjectly communal proposals for J&K's break-up into eight regions along "ethno-cultural" lines.
Jammu would be divided Into a Dogra-dominated region and two predominantly Muslim Eortions. Ladakh would be split etween Buddhist Leh and Muslim Kargil The (relatively) culturally homogenous Valley would be divided three ways. Such segmentation would equate religious identities with political ones. A July 8-9 conference held here highlighted numerous flaws in the scheme. It would be disastrous to Ignore them.
Today. Kashmir is trapped between the state and Central governments, between pro-Pak-Istanl militants and Indian military’ forces who too violate human rights. A quarter-million troops (Including criminalised Ikhwani ex-militants driving un-numbered Jeeps) confront five million civilians
It is hard to claim that the militancy enjoys popular sanction. but even harder to say the Indian forces do. The Hurriyat and the NC too have lost credibility. Today’s situation is worse than four years ago. Then, there was popular exhaustion with the militancy and a window of opportunity for New Delhi. That window is slamming shut.
The Centre s promised talks with the Hurriyat and pro-autonomy gestures generated hope In June. Thal stands dashed. It can be revived only through an open-ended, sincere, dialogue with a broad-spectrum range of opinion.
In this grim situation, it Is impossible not to empathise with ordinary Kashmiris. Virtually each family has suffered a death, "disappearance" or physical harassment. This bruised state Is not the Kashmir that Free India wanted to Integrate.
Kashmir exudes disappointment. despair and apathy. Can India muster the courage to stop this nightmare?