Dr Aabid Nazir
The journey toward a peaceful and autonomous Jammu and Kashmir has been marked by complex policies, evolving security dynamics, and significant political shifts. Among the most debated policies is the “Disturbed Areas Act,” which grants sweeping powers to the military under the Armed Forces Special Powers Act (AFSPA). As the region recently conducted successful assembly elections, where the National Conference emerged with a significant majority, the prospect of restoring statehood and re-evaluating these laws has reignited debates on the way forward for a peaceful, self-sufficient Jammu and Kashmir.
The Disturbed Areas Act and AFSPA: A Brief Overview
The Disturbed Areas Act, enacted in Jammu and Kashmir in 1990 under Governor Jagmohan, was a response to the insurgency wave that swept the region. With a fragile security environment, this law, combined with AFSPA, authorized the military to operate with extraordinary powers to maintain public order. The AFSPA allowed security forces to arrest without warrants, conduct searches without prior notice, and use force if necessary, with significant immunity from legal prosecution.
While AFSPA and the Disturbed Areas Act were initially seen as essential to curb insurgency, the decades that followed raised serious concerns. Human rights organizations and residents alike voiced objections, alleging instances of abuse and misuse of power. Many have argued that the powers under AFSPA, initially meant for counter-insurgency, have sometimes hampered the peace process.
The Impact of Article 370’s Revocation and the Path to Statehood
The revocation of Article 370 in August 2019 by the central government redefined Jammu and Kashmir’s political and administrative framework, ending its special autonomous status. With this change, Jammu and Kashmir transitioned from a state to a Union Territory, and its governance fell under greater central oversight. While some advocated this move as a step toward integrating Jammu and Kashmir more closely with the rest of India, it also intensified calls for restoring statehood to empower local voices and address the aspirations of the people.
As demands for the restoration of statehood continue, the recent assembly elections signify an important shift. The people of Jammu and Kashmir have shown their commitment to democratic values by electing representatives and embracing political processes. The National Conference, having secured a majority, is now well-positioned to drive legislative decisions, particularly around issues like the Disturbed Areas Act and AFSPA, which are deeply connected to the region’s socio-political fabric.
A Call for Resolution in the Assembly: Revoking the Disturbed Areas Act
With the National Conference holding a majority in the newly elected Assembly, there is potential to address a long-standing concern: the “Disturbed Area” designation. If the Assembly passes a resolution recommending the removal of this designation from specific areas, the AFSPA will automatically be lifted in these regions, provided the central government consents. This move could symbolize a significant step toward peace, reflecting that the region no longer requires the intensive military oversight that AFSPA represents.
While the Assembly has the power to initiate such a resolution, the ultimate decision remains with the central government. The National Conference, therefore, has a dual task: advocating for peace within Jammu and Kashmir and engaging with the central authorities to communicate the will of the people effectively.
Striking a Balance Between Security and Peaceful Governance
Removing the Disturbed Areas Act is a delicate matter, requiring careful assessment of security conditions on the ground. However, with many areas witnessing significant reductions in violence and local leaders pushing for peaceful governance, this may be an opportune moment to take the initial steps toward demilitarization. Reducing the military’s role in regions where normalcy is returning could help restore public trust and create an environment where local governance can flourish.
The Path Forward: A Joint Effort for Lasting Peace
For Jammu and Kashmir, the path to peace and development depends on a collaborative approach. While the state Assembly, led by the National Conference, has a crucial role in voicing the aspirations of the people, the central government must remain receptive to these voices. A phased withdrawal of the Disturbed Areas Act, starting with the least volatile areas, could lay the groundwork for a full-scale repeal of AFSPA in the long term. Additionally, restoring statehood to Jammu and Kashmir would provide a foundation for greater autonomy, allowing the region to self-govern while focusing on economic growth, social welfare, and cultural preservation.
Conclusion
The political landscape in Jammu and Kashmir is at a historic juncture, with opportunities to redefine the region’s future. A resolution in the Assembly to revoke the Disturbed Areas Act could be a powerful step, symbolizing hope for a future where AFSPA and similar laws are phased out in favor of governance rooted in peace and autonomy. With the support of the central government, a carefully managed transition from military oversight to democratic governance could turn this vision into reality, restoring Jammu and Kashmir to its rightful status as a peaceful and prosperous state within the Indian Union.
In the coming years, the decisions made on policies like the Disturbed Areas Act and AFSPA will shape the region’s future. By working together, the people, their elected representatives, and the central government can ensure that Jammu and Kashmir is no longer marked by the legacy of conflict but is a beacon of resilience, unity, and peace.
The author can be reached at Dr.abidhocane@yahoo.com
