Interlocutors’ report-missing the bull
The enigma and anxiety over the much-awaited interlocutors’ report is over now. Separatists, moderates as well as extremists including the self-styled ‘Gandhi’ and ‘Mandela’ of Kashmir, who throughout have avoided the interlocutors like plague, were the first to air their reaction. They have termed it as a ‘time-buying’ tactic of the Centre. Mufti Sayyid’s P.D.P. has taken a middle-path while seeking immediate implementation of good recommendations in the report while leaving ‘bad’ ones. But at the same time, it has not delineated as to what part of it is good and what one is bad. The ruling parties, National Conference as well as Congress, are yet to come out with an official version on the report but for some off-the-track outbursts of Sher-e-Kashmir’s younger son, Mustafa Kamaal.
The 176-page report calls for setting up of a Constitutional Committee to review the application of all central laws to the state if these laws have eroded the special status of the state. It also calls for review of DAA and AFSPA, Judicial Commission for unmarked graves, replacement of word ‘temporary’ in Article 370 of Indian Constitution with ‘special’, strengthening of governance and institutions, Indo-Pak trade and greater cultural relations between people from various parts of the state.
A team of interlocutors comprising of celebrated journalist, Dileep Padganokar, M. M. Ansari and Prof. Radha Kumar had been appointed by the central government on 13th October, 2010. They undertook eleven extensive visits throughout the length and breadth of the state. A total number of 700 delegations hailing from various streams and strata of society called on them. The interlocutors also profess of having perused various standpoints, formulae, articles and shades of opinion on the issue. It is with regard to the process of interlocution that I could scarcely skip a mention of an interactive session of interlocutors with Bar Association Jammu led by its president, B. S. Slathia, senior advocate, at Hotel Ashok, Jammu. I could also scarcely forget the concluding remarks of Mr. Dileep Padgaonkar, “This is the most fruitful interaction I have ever had regarding this job of finding a permanent political settlement in J & K”.
The delegation of Jammu Bar had made it clear to the team of interlocutors that Jammu, Kashmir and Ladakh are three distinct areas with people in these regions speaking different languages, wearing different attires, having different cultures, feeding habbits, climates, topographies, developmental needs and political aspirations too. In order to find an everlasting and permanent political workable solution, the entire state has to be taken as one cohesive unit for purposes of study, analysis and making recommendations. Fact remains that despite having bigger area and more electorate, Jammu has lesser seats in the Parliament, State Assembly and Panchayats. I had also quoted figures in support of my argument:
I had propounded a novel idea of rationalization of the Lok Sabha, Vidhan Sabha and Panchayat seats in J&K by adopting a fair/uniform criterion in delimitation of constituencies in the State proportionate to the electorate so that inequities and injustice could be plugged out. And a platform for a more strong and cohesive J & K is laid out. Reference was made to the findings and recommendations by two members of the Finance Commission viz. Swami Raj Sharma and Sonam Dawa with regard to gross disparity in allocation of funds to Jammu and Ladakh. I had also placed reliance on fact finding reports by Gajender Gadkar Committee, Sikri Commission, Wazir Commission endorsing discriminatory attitude towards the people of Jammu and Ladakh.
It was also brought in their notice that Kashmiris hold over 2,30,000 out of the nearly 2,40,000 positions in government and semi-government organisations in the Valley besides cornering about 25 per cent of jobs in the regional services of Jammu and Ladakh. An obvious corollary, out of the total of 35 positions of state government commissioners and secretaries, 31 go to the valley. Another corollary: out of the 1,55,000 absorbed in government service since 1996, only 15,000 are from Jammu. More than 50 per cent of the seats in Jammu’s ill-equipped and understaffed medical and engineering colleges go to the students from the valley. Same is the case with Sher-e-Kashmir Agricultural University. And what about Ladakh? No such technical/professional institutions exist there! Jammu and Ladakh contribute over 90 per cent to the state exchequer. Only a small part of that is spent on the underdeveloped Jammu and backward Ladakh.
The interlocutors have reproduced, verbatim, even facebook messages from Kashmir. But the comprehensive memorandum submitted by Bar Association Jammu to the interlocutors does not find even a single mention in the said report.
The report reflects that state of J & K has to be kept together as one unit in the greater interest of nation. It also reports that gap between three regions is repeatedly increasing which is a worrisome thing. The report is also apprehensive of the sense of discrimination and neglect in Jammu and Ladakh regarding demarcation of constituencies, allocation of funds, professional seats, slots in services because people of both of these regions are pro-India. But at the same time, the interlocutors have not proposed any roadmap to address feeling of being let down in Jammu and sense of neglect in Ladakh. The report has smelled ‘politics of pamper ‘ in Kashmir but has not proposed any formula which can act as a thread binding together the diverse cultures, aspirations, needs and political pursuits of the three regions. Biggest pity is that although disease, is more or less, diagnosed, but no treatment has been prescribed.
I have no qualms in labeling this report as totally unmindful of the political aspirations and interests of Jammu and Ladakh. The report has bred more gap and rancour between the three regions of this state, therefore, repugnant to the broader national interest too.
What is the sanctity of the proposed Constitutional Committee seeking to review application of Central laws in J & K when a committee appointed with the same mandate, led by eminent jurist, Justice D. D. Thakur, had already opined, “Clock cannot be set back”.
Nevertheless, the intelligentsia and civil society in Jammu as well as Ladakh have kept their ears close to the shaky ground in J & K. They shall not allow a solution of the sort playing true to the tune of Kashmiri and rather Pakistani appeasement. Be a Hindu, Muslim, Pahari, Gujjar, Jatt or Sikh from R.S. Pura, Rajouri, Udhampur, Pir Panchal or Chenab Valley, or a Lama, Budhist or Shia from Ladakh and Kargil, the people over here are ready to shed the last drop of their blood for an even an inch of Kashmir. May it be Poonch agitation of 1970s , Durbar move spill-over of 1980s or the recent Sri Amarnath land transfer row, time has testified as to when Jammu rises with a tricolor in its hands, it flaunts and asserts and rather sweeps like an avalanche – spontaneously throwing out leaders, situations and its own rules of the game. The famous Ladakh agitation of early nineties re-incarnating Gandhiji’s civil-disobedience movement in Ladakh is also an eye-opener – too thick to be looked over likely.
What would be the stake and role of Jammu and Ladakh in the finding a permanent political settlement for J & K, the answer lies hidden but in the womb of future. But, the rich culture, past history, nationalistic track record and greater area and populace of the regions – having successfully withstood invasions, cultural incests, intrusions, catastrophes and mass-conversions in the past – certainly call for a greater involvement of Jammu and Ladakh.
As the maxim goes, ‘the churning is always for the nectar to rise’
(The columnist practices law at the J & K, High Court of Judicature)
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