With Kashmir on the boil the older debate of autonomy of Kashmir has resurfaced
As Kashmir boils in the past many days, the debate continues over unfettering the State and granting them some sort of ‘autonomy.’ Autonomy is desired not only by the Valley; Jammu and Ladakh are seeking regional autonomy within the same narrow confines. But with the Sunni-dominated Valley holding the entire State to ransom, it stands to reason that other divisions also require to be unshackled. What constitutes this so-called ‘autonomy’ within the purview of the Indian Constitution, as well as Article 370 giving special status to the state enshrined in the same Constitution? Indian prime ministers have spoken of an architecture within the confines of the same Constitution. What is the leverage possessed by the current prime minister? Analysts reckon that the Delhi Agreement was the defining moment in the contractual relationship between India and Kashmir; the seed of doubt was planted in Sheikh Abdullah’s mind that this actually paved the way towards full integration with India and did not grant autonomy as structured in Article 370. The author ponders the 70-year-old Kashmir question, using documents bequeathed to him by his grandfather, who served as a close aide to both Sheikh Abdullah and Jawaharlal Nehru.
Introduction
For the past several decades, a succession of Indian prime ministers has engaged in a plethora of grandstanding on the issue of Kashmir. To be sure, there are those among them who have been genuine about their concern for the State—most notably, Jawaharlal Nehru, who reckoned that J & K was a ‘shop window’ for his brand of Indian secularism. Many others have promised, but delivered nothing. At the very kernel of the debate on Jammu & Kashmir is autonomy and its polychromatic shades, and how it could be enshrined in the Federal context in terms of contractual relations between Centre and State. After all, India is a Union of States and J & K’s controversial accession is subject to an Instrument of Accession and a subsequent ‘special status’ accorded to it under Article 370 of the Indian Constitution. Prime ministers have sought solutions, but to no avail—the Delhi Agreement and the Sheikh Abdullah-Indira Gandhi Accord included.
Attempts to find a lasting solution to the Kashmir question have all come to nought once the situation had stabilised in the Valley and ‘business as usual’ was restored. Recent history shows that in 1995, then Prime Minister P V Narasimha Rao said in Parliament, “So far as granting autonomy to the State of Jammu and Kashmir is concerned, only sky is the limit. In this context the Constitution of our country has a lot of room and short of Azadi, we are ready to give anything.” Fast forward to 2016, as Prime Minister Narendra Modi says he is willing to architect a permanent solution within the boundaries of the Constitution.
As another All Party delegation left for Kashmir recently, a strong sense of déjà vu is descending. It was in September 2010 that a similar delegation landed in Kashmir after months of protest. Five leaders, including (CPI-M) leader Sitaram Yechury and Majlis-e-Ittehadul Muslimeen’s Asaduddin Owaisi, met separatist leader, Syed Ali Shah Geelani at his residence in the curfew-bound city. T.R. Baalu of the DMK, Rattan Singh Ajnala of the Shiromani Akali Dal, and Namanageshwara Rao of the (TDP) were also present in the meeting. Geelani had reportedly said, “We will perish but won’t give up. We have decided we will not surrender in the face of blind Indian imperialism. Talks won’t be meaningful unless India accepts Kashmir as an international dispute.” Another small group that included CPI’s Gurudas Dasgupta heard out Mirwaiz Farooq, chairman of the All Jammu and Kashmir Awami Action Committee, who is said to have spoken vehemently: “This is not a mere political dispute… India should look at it as a humanitarian issue. Sentiments in the valley are for freedom, and India ought to respect that. Sitting in Kashmir, we come to the conclusion that the people of India are so ill-informed about Kashmir… Kashmir is an internationally accepted dispute. It is time to call a spade a spade.” The semantics employed by the two Kashmiri leaders was almost identical.
The Instrument of accession: ‘Safeguard autonomy; cooperate with union’
Kashmir is once again in the throes of an Islamist insurrection; again a representation of India’s polity traveled to Kashmir. The past six years since the last all-party visit to the region have only witnessed the widening of the gulf between Delhi and Srinagar. If the hardliners had been met, like in the 2010 visit, and they had been heard out—then it would alleviate, even temporarily, the woes of the people. Peace may prevail, albeit till the next popular outburst. If PM Modi wants to make a meaningful break from the past, then he will have to lead the way in finding a transformative solution which promises some element of autonomy and not merely provide lip service.
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