B L Saraf
Addressing the nation, on the occasion of 71st birth anniversary of country’s independence, Prime Minster Narendra Modi reached out the Kashmiris ” Na gaali se na goli se, parivartan hoga gale lagaaney se ……. samasya suljhege Kashmri ko gale lagane se.” (Kashmir problem cannot be solved by either bullets or by abuses. It can be solved by embracing Kashmiris) Coming at a time when gun powder smell is all pervading in Kashmir and roads are drenched in human blood this statement blows a whiff of fresh air. We hear echo of Atal Bihari Vajpayee’s words that Kashmir issue should be sorted out in ” Insaniyat key dairey mein.” No wonder, Modi has often been invoking former PM while talking about J&K. Thanks, mainly, to the bloodletting terrorists and their soft peddlers in civil society, and the synthetic ‘nationalists’ fighting mock battles in TV studios in Delhi, the politico- social atmosphere has become so foul and abusive that hardly any space is left for a sane person to breathe free or raise his voice. We hope this message will evoke appropriate response from right quarters, in Kashmir.
C M Mehbooba Mufti should feel encouraged by this statement, because she regularly refers to Vajpayee while talking about resolution of the issue ‘. Moreover, the statement comes closer to what her father Mufti sahib who would often say, in this context, “Goli se nahin baat banege boli se.” Bullets must be used to silence the terrorist’s gun. ‘Hug doctrine’ should be employed, simultaneously. To satisfy the majority of peace loving residents of the Valley the Doctrine needs to be translated into real meaning, with the backing of a positive intent and action.
Least that should be done in this regard is to assure Kashmiris that broad parameters of the compact on which J&K has aligned with the mainland shall remain unaltered. That GOI will not renege on the settled terms. PM has an opportunity to show his intent by making a reiteration of the covenant before the Supreme Court which is currently seized of legality of Article 35 A of the Constitution of India. Leaving legal merits to be debated, any tinkering of it may have far reaching political and administrative consequences for the state and country.
True, Kashmir has irrevocably acceded to the Indian Dominion in 1947 but, for variety of reasons, most of the Kashmiris have yet to feel emotionally integrated with the mainland. Some would say why? There is need to understand that State actions are not always judged in tangible or visible terms. To discern the intricacies of relations, both in the field of diplomacy or local politics, one has to develop a 3rd eye to see what is invisible to the naked eye. In statecraft, seldom is everything conveyed in black and white. Grey areas are often desirable. That is the case with Delhi- Srinagar relations. So one has to be immensely imaginative as well as sensitive to decipher the contours of such relationship.
J &K’s accession with India, though permanent, has not come easy. Many considerations, historical combinations and geographical permutations have defined this relationship. Suffice it to say that other States acceded to the Indian Dominion well before 15th August 1947. For J &k, It took two and half months beyond the date and a bloodshed to accede to India. This should be a food for thought for the well-wishers of India, whoever they be.
State Subject law is currently under discussion. To put the matter in perspective it will be appropriate to examine the genesis of this Law. Maharaja Hari Singh, initially, introduced these Rules on the campaign of a particular community in the Valley, which was literate and, for some reasons, felt threatened to lose chances of public employment. Let us introspect, have the circumstances changed so drastically that there is no need for such a law. It is canvassed that this law doesn’t allow citizens of rest of India to purchase property in the State while as residents of J&K are free to have it anywhere in India; that, it is gender biased.
Who will come the State? Some feel that abrogation of the PRC Rules will allow big business to come and generate employment. It is cardinal rule that businessmen are driven to a place only to earn money; for that they need a congenial atmosphere. Kashmir will always be beset with problems of various nature. Political uncertainty is endemic. Logistics are daunting to attract high value investment. To the hardnosed businessman love of lucre has preference over love of everything else. We have seen in the past that some industrialists did come in but finding things not favorable shut the shop, after exploiting the lucrative incentive scheme. If some business men venture in, local businessmen will face unequal competition and, to their detriment, level playing field will slip away from under their feet.
We will certainly have people from Deoband with highly bigoted agenda to exploit the available fertile ground. To our serious grief, we had enough of Allah Wallaes in Kashmir, in 1980s.
One must be conscious of the unintended fall out if this provision goes. If entry to non residents is made possible by removing the restriction, then we must be prepared to face the consequence of Resettlement Act of 1982 (infamous Bill no 9) After all its operation has only been stayed by the Apex Court. Ladakh will face an unbearable demographic pressure.
These days, we hear lot about cooperative federalism. To ensure that there has to some degree of financial and functional autonomy for the States. A few special provisions are required for that. No wonder, we have Article 371 for the North- Eastern States. Haryana and H P have domicile laws to filter the entry of non-residents. Of all the States in South India, Karnataka – a southern bastion of the ‘ Nationalist forces ‘ is hell bent to go Tamil Nadu route and even surpass Kashmir in many ways. State Congress government has erased all the signs of Hindi from the bill boards, and is in serious business of having its own Flag. Not to rest there, CM Sidirammaiah is instigating the dominant Lingayat – Veershivah community to break away from the Hind fold. We have yet to hear a word from the ” Nationalists in Delhi ” on these ominous developments.
We have to grant to PM Modi that on imperatives of national interest he has shown capacity to rise above emotive issues. The Independence day statement on Kashmir could be an indication. Because, it comes after CM Mehbooba had apprised him of the concerns she and other mainstream political parties have about the judicial challenge to the Article 35 A.
We understand that gender bias in PRC Law has been taken care of by the state High Court in Sushila Sawhney case, by saving permanent resident status of females even after their marriage with the non – residents. True, the judgment has not been implemented to the entire satisfaction. State Government should make it fully operational.
Supreme Court, while turning down the plea of early hearing of Ram Mandir case, observed ” Heavens won’t fall if the case is not taken up urgently.”The same approach is needed to deal with the highly volatile issue of Art 35 A. Who knows “Heavens may fall “depending up on nature of the decision ? Article 35 A has been in place for the last sixty four years let it be there for some more time.
(The author is former Principal District & Sessions Judge)
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