The Rights Movement in Jammu and Kashmir is in terms of history as old as is the dispute bedevilling relations between the two neighbouring states of India and Pakistan. The dispute is rooted deep into the political history of the subcontinent with reference to the partition of India into Bharat and Pakistan. Disputes create problems. The dispute on Kashmir ipso-facto involved people’s rights - particularly their inalienable right to determine their future in accordance with their wishes. This right is brazenly denied to the people in J&K - the first major violation of Human Rights here.
The violation of the fundamental rights to the people have resulted in the death and bloodshed of tens and thousands of people, besides destruction of property and now blinding of protesters with pellets has only aggravated the situation perhaps beyond measures. The state is losing generation after generation and suffering through massive violation of human rights. The recent uprising has shown beyond any doubt that the only way out in Kashmir is to resolve it through Pakistan and the people of Jammu and Kashmir. No forces with any weapons lethal or non-lethal can conquer the will of the people. Now is the time that the leadership in Delhi hears the call, “That Kashmir as a political problem will need no economic solution. The only solution to the problem is to respect the sentiment rooted deep into the soul of Kashmir.”
During July – August 2016, The Indian Forces now are literally at war against the unarmed people day in and day out – paradise converted into a ragging battlefield. The suffering accompanied by brutality amid curfew continues till today - the 47th day of uprising. Over 6,000 people have been injured and the death toll has crossed 70 (according to Indian Media Reports). Majority of the injured people have eye injuries and are likely to lose eye sight. Thousands are being detained and put behind bars. The peaceful resistance of people is curbed by Armed Forces Special Powers Act (AFSPA) and Public Safety Act (PSA). India carries a criminal liability for loss of life in Kashmir. Government of India should put serious effort to conserve life. Right to life precedes any other human right. It seems government of India has treated the crises in Kashmir, with far less importance and interest.
Indian democracy has failed the people of Jammu and Kashmir but it has not failed as a democracy, which gives Kashmir a hope. India has a higher burden of responsibility in relation to the Rights Movement to protect life, honour and property of the people living in all the three administrations of Jammu and Kashmir. India cannot turn their backs on the principal grievance of the people of Jammu and Kashmir. Common welfare of the people should be India’s overriding interest and should respect the views and opinions of the people of Jammu and Kashmir.
Pakistan is a party to Kashmir dispute, a supporter of the people of Kashmir, Pakistan over the years has succeeded to advance itself as an ‘advocate’ of the Kashmiris right of self-determination and Pakista
India has to address the grievances of the people in entirety. But this cannot happen in isolation. Pakistan has to be on board. The dialogue between India and Pakistan is a prerequisite to establish peace in the subcontinent and ensure a brighter tomorrow and a better South Asia.
India’s anxiety in regard to its integrity and sovereignty has to be viewed in the backdrop of the dispute on Kashmir. India recognises Kashmir as a dispute interms of not only the International Law but with reference bilateral agreements as well. What matters is the political will of the people in dispute. Nothing can stand against the people. Indians while referring to J&K should keep in mind that Jammu and Kashmir is the only territory within the Indian Union that maintains its own state constitution, a result of its unique position at the time of India and Pakistan’s creation in 1947. J&K's relation with India is governed by Article 370. Both the countries can position themselves in the best interests of the people of erstwhile Kashmir of October 27, 1947 and it is right time for a change and both countries should engage in a dialogue to sort out issues and get over the situation.
Kashmir has been discussed at Tashkent Declaration of 1966, Shimla Accord of 1972, Lahore Declaration of 1999 and the Agra Summit of 2001 and In May 2000, the Government of India made a public declaration to have a dialogue with APHC (All Parties Hurriyat Conference) on Kashmir Issue. APHC leadership understands the merits of dialogue and understands that dialogue is the most effective method of promoting a favourable environment and seeking a solution to the problems. The APHC has time and again appealed both the countries for a meaning dialogue on Kashmir and always supported the ongoing Peace Process. Government of India wasted the initiative by APHC way back in November 2001 when they called for cease-fire and again Indian leaders failed to show that they have a mature judgment to position their response in the common interests of the people.
It is important to mention here that the government of Pakistan had taken up an outline of a possible solution on the dispute of Kashmir for discussion with the APHC in June 2005. The outline called 4-point proposal of Pervez Musharraf as a solution to Kashmir issue included, gradual withdrawal of troops, self-governance, irrelevant borders and a joint management mechanism besides an understanding between the leadership to refer 4-point to the people of J&K probably after 20 years or so with the view to ascertaining whether they felt comfortable or not. India once again failed to see the reason and come to terms with Pakistan and with the people of J&K. It may be not out of place to refer to an interview to CNN-IBN in 2009, by Dr. Manmohan Singh who admitted that he should have moved faster on the Kashmir resolution with Pakistan. “We had come very close to a non-border, non-territorial solution, and I regret that we didn’t go ahead with it due to certain events at the time.” If the Indian leadership fails to keep pace with changes and suffers as a consequence reverses in diplomatic exercises the leadership in itself is to blame.
To add salt to injury the Indians have in the years gone by honoured promises in breach rather than in observance and thus wounding deep and deeper the collective soul of Kashmir. May one ask who is to blame? And then, look at the statements of Prime Ministers of India in regard to the future dispensation of Jammu and Kashmir. Never forget Mr. Jawaharlal Nehru said in Lal Chock itself that if the people of Jammu and Kashmir decide to join Pakistan I may feel upset about it but I will never check them. Prime Minister P V Narasimha Rao as ‘sky-is-the-limit’ has not gone out of Kashmiris memory and remember Prime Minister A B Vajpayee’s references that while seeking a settlement of the Kashmir problem we shall have to go beyond beaten tracks (Vajpayee’s musings). How on earth will Mr. Modi’s assertion that Kashmir is not a dispute carry any weight? Kashmir is on boil. What do we do now? May I suggest initiate:
a. Comprehensive dialogue with Pakistan,
b. Take the leadership across the state of J&K into confidence,
c. And then work out a just and a fair solution of the problem of J&K in the interest of the people and in the interest of two major nuclear powers of the subcontinent.
The author is Human Rights Activist from Srinagar and can be reached at mir.imran.in@gmail.com.