A K Ganguly - Kashmir Face-Off Indias Quandary: Options for India

Options for India

Leadership & Leaders

LEADERS FROM THE BARRACKS

GENERALSHIP: ALL THAT REALLY MATTERS

Strategic and Regional Issues

KASHMIR: AN AFFAIR OF CONTINUED EXISTENCE

KASHMIR FACE OFF INDIAS QUANDARY- OPTIONS FOR INDIA

Professional Behavioural

MANAGING INNER CONFLICT IN PROFESSIONAL LIFE

Options for India

by

Brigadier Ashok Kumar Ganguly, SM, VSM (Retd)

Vij Books India Pvt Ltd

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Copyright 2021, A K Ganguly

ISBN: 978-93-90439-45-4 (Hardback)

ISBN: 978-93-90439-53-9 (Paperback)

ISBN: 978-93-90439-61-4 (ebook)

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Deterioration, stagnation, and progress are the three aspects of the position. Those causes of human make which affect position are policy and impolicy (naya and apanaya); fortune and misfortune (aya and anaya) are providential causes. Causes, both human and providential, govern the world and its affairs

- Chanakya

A fter the abrogation of the Article 370 and 35 A of the Indian Constitution on 5th August 2019, the special status to Jammu and Kashmir by the Indian Government got abrogated, this brought about certain changes in the geo-strategic sensitivity in reference to the State of Jammu and Kashmir, in terms of the separation of Regions/Divisions, governance, change of State laws, strategic revalidation vis--vis Pakistan and China, Pakistans the proxy war theology (Operation Topac), associated ramification on the issue of demand for freedom by radicalised Kashmiri Muslims and its effects especially in the Kashmir Region.

With the abrogation came the division of the State of Jammu and Kashmir into two Union Territories of Jammu and Kashmir and Ladakh, thus furthering the geographical division of the regions into two parts. Kashmir and Jammu Regions got amalgamated as one entity and the mountainous region of Ladakh given a separate identity. State of Jammu and Kashmir was too large with a land area of about 222,236 Sq Kms, to be governed effectively; the concentrated population centres, therefore, got a better deal, as compared to the remote and sparsely populated areas due to the factors of accessibility and distance. Moreover, if one looks into history, the distance and remoteness were the main reason in the uneven development of the geographical regions; thus, Jammu and Srinagar became developed part of the state.

With the abrogation of Article 370 and 35A the exclusivity in having a separate constitution, separate flag for the state, independent assembly and judiciary, legal codes and separate citizenship rights, have got abolished. The Jammu and Kashmir State which had a separate penal code called Ranbir Penal Code or RPC, with its own judiciary and separate Constituent Assembly, without its concurrence the National Parliamentary directives and orders could get implemented. The peoples perception of being independent of the Central dictate of the Indian Parliament was one of the causes of the Azadi, i.e. freedom syndrome of the Muslim population of Kashmir; thus this Azadi has also got quashed along with the abrogation.

With the abrogation of Article 370 and 35A, the Constitution of India, which is relevant and applicable to the rest of India, has now become equally applicable in Jammu and Kashmir. The successful passage of the Jammu and Kashmir Reorganization Bill 2019 in the Rajya Sabah (The Upper House of the Indian Parliament) and Lok Sabah (The Lower House of the Indian Parliament) respectively has changed the dynamics and dimension of erstwhile State of Jammu and Kashmir. The Indian Penal Code, applicable to the whole of India, has come into force in both the Union Territories. Uniformity of law will be making difference in controlling the anti law and order syndicates of the militants/separatists/sympathisers and terrorist supported activities.

The autonomous status of the state of Jammu and Kashmir was therefore relinquished and the state was made to merge with the Republic of India without any discrimination or special status. The transition was peaceful, and the Kashmiris have reconciled to an extent or one can say at present it is wait and watch stage. The secular status was maintained in the division of the state, with Jammu and Kashmir Union Territory having population composition of Muslims, Hindus, Sikhs and other minority religious groups and Ladakh having population of Buddhists, Hindus and Muslims. The division of the state was thus based on geographical factors, contiguity and keeping the ethnic entity intact. NDA (National Democratic Alliance) Government in power at the Centre have maintained the constituent preamble of secularism of the Indian Constitution, by avoiding religious dominant segregation of the regions in the erstwhile State, under Regions or Divisions, with Kashmir Division having 98 percent Muslims and Jammu having about 62 percent Hindus.

In my book Kashmir: An Affair of Continued Existence published in April 2019 by Vij Books India Private Limited, the historical perspective of the Kashmir, Kashmir issues, its causes and reasons, prognosis and way out of the Kashmir problems have been covered and analysed. In the said book I have suggested that in order to stop the radicalisation of the Kashmiri Muslim, the War of Jihad in the Kashmir Region and the demand for Azadi (Freedom) by Muslim population was due to the Article 370 and 35 A. These must be abrogated, as it was getting exploited by people of Kashmir, Pakistan and was being made an instrument of political blackmail. Thus there was a need to merge the state with mainland India; this was only possible once the appeasement and special status under Article 370 and citizenship Article 35A were abrogated. Single Constitution, one National Flag and National Anthem as applicable to all other States of India, must be applicable to Jammu and Kashmir. The people of Jammu and Kashmir cannot consider themselves as separate from India. Discriminative provisions and demographic isolation of the people of India had made the syndrome of Jihad for Kashmir and Azadi of Kashmiri Muslim, tenable and which was getting used by Pakistan and Islamist fundamentalists. Whereas in the case of Pakistan and its apprehension of ethnic population of Jammu and Kashmir raising in arms in future and threat of plebiscite, it had changed the demographic equation of the occupied areas by population inversion and shift brought about Islamist radicalisation under the purview of declared Islamic Nation. The abrogation of the Article 370 and 35 A have definitely changed the dimension and dynamics of the perception of Azadi (freedom) by the Muslim population of Jammu and Kashmir, frustrated Pakistan as its interest and game plan has got disturbed and have put apprehensions in the minds of Chinese of forced occupation Aksai Chin and Shaksgam Valley which was ceded by Pakistan.