Jammu and Kashmir is an internationally recognized dispute sharing concerns of three Asian giants China, Pakistan and India. This territorial dispute is most reflected in Indian occupied Kashmir. The instrument of accession and the events followed thereafter eroded the initial agreement of Plebiscite. Although UNSC resolved the dispute in accordance with UN supervised Plebiscite but the non seriousness of Indian establishment in Delhi has subverted whole story to another extreme end. The initial war in 1947 paved way to separation of POK from Indian control and the capturing of Aksai Chin reduced the territory under Indian hands to mere 45% of required area. What lies at the core of matter is the Breach of trust and promise at the hands of Indian establishment. P M Nehru offered Plebiscite internally in Lal Chowk and externally on UNSC platform which are yet materialize. The armed struggle wage in later 90’s is the manifestation of this arrogance by subsequent central governments to not accord due respect to UNSC’s back to back resolutions. This struggle intensified in 90’s decade and took thousands of innocent civilians.
After the instrument of accession Central Government used all covert means to ensure India orientated state government formation. Arrest of Shiekh Abdullah and subsequent events led to breach of country’s true democratic credentials.Thereafter Sangh Parivar engaged itself in demand for scrapping Article 370 on which whole relationship exists. These events uncovered the real intentions of India and shattered the myth of Constitutional resolution. Since then armed struggle was started. Initially the focus was on organizational and institutional structure. Thereafter 1991 Human rights violations are catch all episodes of our forefathers. They trace the horrific events and shudders the conscience of youth. Army engaged itself in serious crimes and killed and maimed hundreds of innocent civilians. Thenceforth Kunanposhpora black night reached extreme pinnacle and eroded the sacred repute of our mothers and sisters. It exploded the myth of law and order. Shopian episode went a step further to uncover brutal designs of security forces. Kashmir cause is renowned dispute and the struggle for resolution in howsoever way it may is natural. It’s a weird fact that Dispute is supposed to remain unresolved but the supporters of its cause are designated as terrorists and anti nationals. How can Indian nationalism flourish when kashmiri nationalism is endangered.
Thenceforth the gargantuan issue is passing through intermittent active and passive phases. The active phases are replete with stories of stone pelting ,protests, bycott etc. It’s the same period witnessing widespread death and destruction including women and children apart from economic loss to people of Kashmir. The story is replete with back to back 2008, 2010 and 2016 uprisings with hundreds of civilian casualties. Whenever there’s any untoward action by either state or centre Govt the cumulated dissent explodes through uprisings . What’s seen through such phases is a story of gross violation of human rights rather Human beings are treated with Human without beings. Torture , ransacking , vandalism , shell firing and PAVA shells are some measures taken promptly to simmer the agitation. The new and innovative technique of Pellet shelling despite widespread criticism has went a step further in aftermath of 2016 uprising. Over and above the hundred casualty score in 2016 , pellet injuries turned the wonderful world black for hundreds of aspiring young people in Kashmir. Which statement of union Govt can defend the blindness of young lady in 20’s? Is this Democracy? Are human beings really treated as humans? Isn’t pellet gun an animal hunting weapon? The repeated incidents of nip and tuck episodes are a mockery of largest democracy. A massive number of people have been put behind bars on one pretext or other. They have been put under severe torture from years inside jails with free and fair trial which is main provision of fundamental rights. Herein the iron rod and draconian provisions of AFSPA are applied to fish in troubled waters. Despite repeated recommendation for repealing of said act, the government of the day seems unwilling to do away with act. This Act itself contradicts the faith on human rights and their enforceable nature. The Act which treats every citizen as dubious and restricts their dignity in essence with article 21 of Indian Constitution is nothing but slap on face of contemporary civilization.
On one hand the dispute in eternity is fought with through various approaches, Indian armed forces not only play with lives but involves itself in shameful acts at sometimes. The Kunanposhpora is bleak spot on record of discipline and integrity of armed forces. Decades have passed without completion of enquiry. Is CBI putting enquiry on back burner willingly? What’s the reason for incomplete investigation of grave and inhuman act? The rape and ransacking of far flung villages is regarded as meagre episode. Thereafter Shopian incident of Asiya and Nilofer are yet fresh in the memories of Kashmiris who are down in the dumps for the safety of moral and repute of sisters and mothers? Are Kashmiris safe in army colony? What lies at the core of these episodes that shadows them to be investigated in free, fair and stipulated period of time? Either the values of women are regarded inferior or the Kashmiris are regarded piece of enjoyment. In its present context youth is being tortured in grave manner. They are taken into custody at night raids and put behind bars with any reason. The parents are caught unawares about the serious allegations attached to names of their arrested wards. Does government desire to introduce Cunningham Circular in Kashmir valley now? The frequent agitational periods have brought education to halt. Schools are deserted evolving as places for homegrown cricket grounds. Is article 21A not applicable to J&K ? Is Kashmir not worthy to be brought in ambit of 21A? The frustration and fear created in the minds of youth bursts out in violent manifestations. There’s a need to assess ground level for rethinking on J and k state or the wind may fail to draw boat to other side of river.
It is unanimously accepted along length and breadth of civil society and human rights activists that human rights are violated in Kashmir in broad day light. Either during the turmoil periods or during relatively peaceable periods, the Kashmiris don’t feel safe in the territory inherited from yore with golden period of Zainul Abideen( A R ). There’s a once and for all a remedy for Kashmir. The dispute needs to be resolved in tune to international norms with active involvement of Pakistan and Kashmiris. As was hold by PM J L Nehru “ Kashmir is not the property of India or Pakistan, it belongs to the people of Kashmir. When Kashmir acceded to the state of India , we made it clear to leaders of Kashmir people that we would ultimately abide by the verdict of their Plebiscite if they tell us to walk out , I will have no hesitation in quitting Kashmir……….We have taken dispute to UN and given our word of honour for peaceful solution. As a great nation, we cannot go back on it. We have left the question of final solution to people of Kashmir and we are determined to abide by their decision”. So the solution has been provided by J L Nehru before emergence of very dispute. The UNSC reiterated its back to back support for UN supervised Plebiscite. There can’t be and will not be better approach than UN to decide the cobra headed territorial dispute between nuclear powered states. Is the Democratic style at present ready to solve the dispute? Is any leader willing to follow footprints of Nehru? There’s an urgent need to take steps on war footing for early resolution of territorial dispute. As is said “Absence of peace guarantees war but converse is not always true”. The restive valley demands healing touch policy in letter and spirit, certainly curfews are outdated in 21st century. Let’s hope to get bolt from blue. Fingers crossed.
Writer Shakoor mushtaq can be reached at shakoormushtaq91@gmail.com
