Article 370 and Kashmir’s future

In the ongoing litigation over the abrogation of Article 370, both sides have presented their arguments thoroughly, and thanks to live proceedings, enabled a quick distillation of views among varied stakeholders outside the courtroom. The judges, time and again, reiterated that their decision only pertains to the constitutional validity of the August 5, 2019, legislative act. That is why it becomes important to discuss the political, social and economic realities that will remain irrespective of the fate of Article 370.

First, people’s support is at the heart of ensuring sustainable peace in Kashmir Valley, and this is a no-brainer. Tourism should never be seen as a metric of peace as even in the worst years of militancy, militant outfits are usually careful not to harm tourists so as not to invite the people’s wrath.

In the same vein, government jobs and promises of more development through a greater outlay of central funds are not instruments that have addressed the alienation, the genesis of which is, at the core, political. The political history of the Valley is a continuous reminder of that. In his second term, Chief Minister Sheikh Abdullah had asked the locals to stop eating rice when the Centre withdrew the massive subsidy on rice, and the people complied and he still won the 1977 Assembly elections, one of the first 'free and fair' elections in Kashmir Valley, held when Janata Party's Morarji Desai was Prime Minister.

Various Army commanders who have served in Kashmir Valley have repeatedly noted that addressing political alienation would ensure that the local youth don’t fall prey to the designs of radical elements from across the border. They have noted that it is not the Army’s job to do the political heavy-lifting in this regard. A bottom-up approach that ensures an accountable political class and empowered civil society is at the heart of good and smart governance in J&K that would provide political and economic local ownership to the policies of the governing structure.

Second, Article 370 may have become hollow but its emotional appeal in the Valley in some quarters should be seen from a historical perspective and the momentous decision of Kashmir’s political leadership to reject the religious basis of nationhood. Article 370 was endorsed by the Nehru cabinet, which included Shyama Prasad Mukherjee, the founder of Jan Sangh, the earlier avatar of the BJP.

The geographical isolation of the Valley, because of lofty mountains, ensures climatic conditions different here from the rest of the North Indian plains, and led to the flourishing of a unique civilizational synthesis of Islam, Hinduism and Buddhism even as the local imprint remained strong, as is visible in the architecture and social habits of the local population. The desire to protect its culture may breed nativist tendencies but a healthy balance is not altogether difficult to find with appropriate constitutional modalities and modern sensibilities.

At the same time, one cannot deny the benefits that other parts of the country are enjoying with enhanced digital infrastructure. There is no reason not to extend the same benefits to the Kashmiri population.

In fact, the salubrious and temperate environment of Kashmir Valley provides ideal conditions for setting-up of software parks, an idea that has failed to take off since it was first mooted in 2001-2, primarily because of the security situation.

In an informal interaction with this writer in Srinagar sometime back, local entrepreneurs from the Kashmir chamber of commerce stressed the need for a more proactive engagement of the governance structures to tailor policies that are business-friendly and which factor in the local environment, including power cuts. 

Third, on Article 370 and its emotional connect with some sections of Kashmir Valley, one needs to recollect what the late author Balraj Puri, one of the closest friends of Sheikh Abdullah, had stated about Article 370. In his best-selling book Kashmir towards Insurgency, he had said, “If the Supreme Court’s jurisdiction had extended to the state in 1953, Sheikh Abdullah could not be arrested under any law then in force in India.”

But he was consistent in stressing that the manner in which the erosion of Article 370 was done left a wound on Kashmir’s psyche and added that “an overall multi-pronged policy for Kashmir should be discussed and evolved in a wider perspective.

This should include questions relating to the role of sub-national identities in the process of nation building: the optimum quantum of autonomy which could be granted to them, the constitutional and political aspects of Centre-state and state-region relations, contradictions between uniformity and unity, the degree of tolerance towards diversity, dissent and defiance within the State system, the nature of the State and its institutions…”

With this background, irrespective of the judgement, the voices of triumph should make way for sanity and sensitivity toward a population that is afflicted with a three-decade trauma.

Irrespective of the judgement, the situation and policies in Kashmir Valley cannot be analysed through a binary lens, particularly in the context of inimical forces active across the border, that are always looking for an opportunity to fish in troubled waters.

What appears publicly or in the media space can be different from the context and facts on the ground or behind the scenes, including within the realm of statecraft. One example was the formation of new political outfits in the Valley, including during the Vajpayee years, which seemingly had the tacit consent of New Delhi and possibly more than that.

One may agree or disagree with the prudence of the approach and its effectiveness in the years to come, but it was done not to yield the opposition space to separatist or militant outfits. The recurrent instability and violence in Kashmir may have little correlation with the fate of Article 370. While the litigation may have provided a glimpse of the social, political, historical and above all, constitutional complexity of the region to the world at large, taking a cue from past institutional lessons and formulating corrective measures are at the heart of addressing one of the never-ending challenges to the polity.

(The writer is the author of ‘Across the LoC’, published by Columbia University Press, and ‘Militancy in Jammu and Kashmir: The Uncovered Face’)