Kashmir Beyond Article 370 & AFSPA

Kashmir Beyond Article 370 & AFSPA

Adfar Shah Obviously a new hope for the return of normalcy seems there in Kashmir but not before the government is formed. Although until 2005 the peace deficit valley witnessed a slow decline in the culture of violence however it picked up later and by the time 2014 ended, the magnitude of support from Pakistan, the intensity of cross border infiltration, the presence of uncertainty in valley, the number of violent attacks and even the type of targets that extremists usually executed, has softened to a great extent minus the growing radicalization of vulnerable youth. In between the years 2008 to 2010, there were many aberrations in the march towards peace; however, when the disturbances are seen from the democratic prism, political defiance or intifada are very well justified. Had it not been for the significant loss of one hundred and twenty lives as a result of actions by security forces, these events could have been taken merely as expressions of disappointment against hope or desire for reaping the fruits of normalcy. I always say let us institutionalize the earlier peace ideas and actions but the fact remains the security apparatus has not been able to institutionalize good will in a sense it should have been despite doing a range of peace efforts or programmes. The Security forces too, on their part, exhibited some sense of restraint except some recent and inhuman mishandlings like Chatergam killings. While incidents kept happening sporadically such as Kunan–Poshpora, Machhil, Shopian and Chhatergam, which posed serious questions against the ability of the security forces to operate as professionals in fourth generation warfare, the leadership, particularly that of the military has increasingly exhibited a rising sense of empathy towards the common people and their sufferings in the conflict zone but it can be safely argued that there is much more to do to be mass sensitive and professional enough. Though Chatergam emerged as a game changer when army for the first took the blame and apologized in time but again it derailed the peace project and disappointed people. In a nutshell, in terms of security, while the Forces graduated towards genuine commitment to the dictums of “Zero HR Violations” and...

Kashmir : A turbulence of Article 370

Kashmir : A turbulence of Article 370

Vedchetan Patil Law is a mere puppet of politics, politics is beyond law and much beyond the horizons of politics, imbedded deep within the existence of mankind limited by its humane virtues and qualified by its own perceptions about ‘right’ and ‘wrong’, moral and immoral slouch the principles of human rights, free will of people and relations between the different sections of society. Article 370 of the Indian Constitution is one such example of the product or compromise of the complications of relations of Kashmir with the entire sub-continent. Its roots are deep within history of sub-continent and is a convulsed product of hindu-muslim relations, it is a product of trembled nascent Indian State and newly born Pakistan, shudder of a indecisive Maharaja Hari Singh and dedicated Kashmiri leader Sheikh Abdullah whose opportunism partly failed in the wake of international politics and geo-strategic location of Kashmir. Kashmir, aptly described as the paradise on earth was subjected to such conflict in which every power on this planet has either interfered to further demean the position of India or Pakistan, directly or indirectly, or has offered to resolve the issue, but to the surprise of none the issue of Kashmir remains unsolved till date. Immediately after the Transfer of Power, the Pak forces under the guise of jihadis and Azad Kashmir forces launched attack on the western and northern fronts of Kashmir and in such circumstances to protect his own interests and his state from falling to Pakistan, the then Maharaja Hari Singh signed Instrument of accession with India to seek intervention from India to stop the invading forces. Thus the accession of the state of Jammu and Kashmir was legal in totum both in fact and substance. Invading forces on one front, opposition of various forces within like those of Sheikh Abdullah, and indecisive approach of both Maharaja Hari Singh and Indian State, in a hasty decision a condition was put on the Indian State to allow Kashmir to retain autonomy and because the Instrument of Accession was signed in such circumstances, the Government of India assured the people of the State that an elected Constituent Assembly will frame a Constitution for the State and will determine...

A Dialogue with Amin Solkar- Advocate of Kasab

A Dialogue with Amin Solkar- Advocate of Kasab

Vedchetan Patil: So, firstly I’d like to ask you about your entire inclination and background behind all your activities for the protection of the minority rights. What drove you for the same? Amin Solkar: Being a member of minority. Vedchetan Patil : (cuts in) No, of course, being a minority. But there would be something you would have felt. Some injustice which is happening in this country and which should be addressed? Amin Solkar : Which particular injustice you’re talking about? Vedchetan Patil : What is the one point where the secular India is going wrong and which should be addressed? Amin Solkar :A We are about 60 years post-independence and in the Constitution, what minorities were promised, sometimes we feel that, those promises are not yet fulfilled. Like, if you see economically, then education and appointment to an important post. Even there we basically feel that the promises are not kept. When the minorities had chosen to be in India, in 1947, a choice was given to them that, those who want to go to Pakistan can go, and those  who’d like to stay here in India can stay here. Since we were born and brought up here and had our ancestors living in India, So, we were not willing to go to a total new land. But aftersome years,  we felt, that we should fight for our rights also. Now if you see, there was no need for any minority commission. There was no need for a ministry specifically for minority affairs. What was the need? Earlier it was not there. So, this in itself  indicates that the minorities are not being treated as  equivalent. And to uplift them,  the government thought  of making a newministry or some mechanism where the upliftment can be monitored and then they have come up with some financial foundations. That was not that early. Now, whatever schemes the government is coming up with is really reaching those people or not is another question. Vedchetan Patil : So, whatever mechanism that has evolved, either by the state or by the minority institution as per the relevant articles of the constitution of India, do you think it’s working...

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