Notes

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Context:

- Ever since Article 370 that broadly defined Jammu and Kashmir’s relationship with the rest of India was abrogated, political activity in the new Union Territory has stopped.
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Background:

- The central govt. on 5th August, 2019 abrogated Article 370 that gave Jammu and Kashmir a special status and bifurcated the State into two Union Territories (UTs).
- Jammu and Kashmir ceased to be a state and became two union territories with two Lieutenant Governors. Ladakh became a Union Territory without a legislature and Jammu and Kashmir with a legislature.
- Article 370 gave Jammu and Kashmir its own constitution and decision-making rights for all matters barring defence, communications and foreign affairs. Its removal ended special status for Kashmir, which was key to its accession to India in 1947.
- Rationale given behind the move: The central govt. said that it would lead to greater integration of J&K with the rest of the country.
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The concept of integration in a democracy

- In a democracy, integration has to be evaluated from a multi-faceted system and lens, which includes the emotional aspect as well.
- Asymmetry and federalism:
- J&K’s separate flag and Constitution within the Indian Union represented asymmetry, which is integral to the Indian federal experience.
- Such asymmetry has strengthened the Indian Union and led to better policy implementation and participation in political processes.
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Concerns with India’s Kashmir policy:

- The continued detention of political prisoners, particularly those who have been legislators and sworn in by the Constitution of India, shows that democratic rights are not even available to the voices that speak on behalf of the Indian Union.
- Right to democracy:
- One-party rule had been imposed on the State through manipulation of elections; Opposition parties had been removed from competition, and civil liberties and human rights had been refused to the people.
- Militancy:
- Everyone is dissatisfied in J&K, including the people of Kargil within the separated Ladakh. The feeling of a threat to identity and prevailing political vacuum creates a breeding ground for militancy.
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Way forward:

The key to emotional and political integration in J&K are:
- The respect for human rights and upholding national interest should be a key component of the Kashmir policy.
- A rigorous pursuit of federalism within the State:
- The devolution of political power from Centre to J&K should not lead to political hegemony of any one region or political party.
- It should be accompanied with a devolution of powers within J&K on the lines of J&K’s  divergent regional and ethnic urges.
- Any devolution should have adequate federal checks and balances as accountability and transparency are at the heart of any successful federal democracy.
---
Conclusion:

- We need multiple bridges including those between J&K and the rest of the country and among the various communities and regions of the former State.
- In order to build these bridges we will need a greater multi-layered, institutionalised decentralisation and respect for democratic rights for the people of J&K.

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---
Context:

- Ever since Article 370 that broadly defined Jammu and Kashmir’s relationship with the rest of India was abrogated, political activity in the new Union Territory has stopped.
---
Background:

- The central govt. on 5th August, 2019 abrogated Article 370 that gave Jammu and Kashmir a special status and bifurcated the State into two Union Territories (UTs).
- Jammu and Kashmir ceased to be a state and became two union territories with two Lieutenant Governors. Ladakh became a Union Territory without a legislature and Jammu and Kashmir with a legislature.
- Article 370 gave Jammu and Kashmir its own constitution and decision-making rights for all matters barring defence, communications and foreign affairs. Its removal ended special status for Kashmir, which was key to its accession to India in 1947.
- Rationale given behind the move: The central govt. said that it would lead to greater integration of J&K with the rest of the country.
---
The concept of integration in a democracy

- In a democracy, integration has to be evaluated from a multi-faceted system and lens, which includes the emotional aspect as well.
- Asymmetry and federalism:
- J&K’s separate flag and Constitution within the Indian Union represented asymmetry, which is integral to the Indian federal experience.
- Such asymmetry has strengthened the Indian Union and led to better policy implementation and participation in political processes.
---
Concerns with India’s Kashmir policy:

- The continued detention of political prisoners, particularly those who have been legislators and sworn in by the Constitution of India, shows that democratic rights are not even available to the voices that speak on behalf of the Indian Union.
- Right to democracy:
- One-party rule had been imposed on the State through manipulation of elections; Opposition parties had been removed from competition, and civil liberties and human rights had been refused to the people.
- Militancy:
- Everyone is dissatisfied in J&K, including the people of Kargil within the separated Ladakh. The feeling of a threat to identity and prevailing political vacuum creates a breeding ground for militancy.
---
Way forward:

The key to emotional and political integration in J&K are:
- The respect for human rights and upholding national interest should be a key component of the Kashmir policy.
- A rigorous pursuit of federalism within the State:
- The devolution of political power from Centre to J&K should not lead to political hegemony of any one region or political party.
- It should be accompanied with a devolution of powers within J&K on the lines of J&K’s  divergent regional and ethnic urges.
- Any devolution should have adequate federal checks and balances as accountability and transparency are at the heart of any successful federal democracy.
---
Conclusion:

- We need multiple bridges including those between J&K and the rest of the country and among the various communities and regions of the former State.
- In order to build these bridges we will need a greater multi-layered, institutionalised decentralisation and respect for democratic rights for the people of J&K.

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