Kashmir defies solution but hope lingers

An impossible alliance of two diametrically opposed parties to form a government is certainly a new direction for the functioning of democracy in Jammu and Kashmir. There are always hurdles for Mufti from separatists and for BJP from its radicals. This government has to steer clear of many mines on the way to delivery of development to people.

I had extensive discussion with Bhim Singh the leader of Panther Party which has lost much of its strength but it has Provided a third weak alternative all these years. Whatever the small size of the party now left its value of importance is centered on its leader who has brushed his shoulders with Kings and paupers alike all over the world. He has been fighting for human rights and detained in jails 54 times by every Prime Minister of India and CM of J&K.A Barrister from Britain and lawyer of distinction in the Supreme court he has fought many battles for justice to the common man. Legal luminaries like P.N.Bhagwati have praised him as “an indomitable fighter for truth and justice …he fights with great determination and vigor even at the cost of his personal safety and security”. He has the distinction of refusing the coupons worthUS$7.3million from Saddam Husain of Iraq as per UN report.

In his two books he has dealt with the problems of Jammu and Kashmir. In his ‘Autonomy or Secession’, He boldly described the resolution of autonomy passed by the JK assembly as the call for secession. According to him this call for autonomy has “threatened the very democratic and integral structures of India besides encouraging the anti national and communal forces to indulge in the activities which intend to destabilize thee great nation”.  

He rightly bemoans the apathy of leaders, media and intellectual who have not come out vigorously against this posture of J&K government, and PDP-BJP government will face major problem with it.

In fact the problem emanates from the inappropriate interpretation arising out of the article 370 which he thinks is fraud on nation. J&K has now been virtually trifurcated in almost three parts one with Pakistan and one with India has also the third with China which is leased out by the Pakistan.  After Dogra Maharaja Hari Singh signed accession with India it was a temporary provision and cannot continue ad- infinitum. Moreover now it is being interpreted as inviolable and unchangeable, which is not correct. According to him once the monarch singed the accession it becomes “absolute as in respect of other states”.Moreover after the promulgation of the state constitution in 1957 it becomes in fructuous and “ can be scrapped by Indian Parliament “. Even he argues that consultation with state government is not equivalent to concurrence. He goes on “Even Dr Ambedkar described this as fatal in the long run to the unity and integrity of India”.

In his book his references for the role of Mahraja Hari Singh is laudatory and respectful and he does not critically analyze his lapses. This may be due to his Dogra loyalty but even Maharaja could be faulted in creating this faux pas. He should not have delayed accession as the situation was clear and standstill agreement idea between Pakistan and India  was quixotic as India would have never agreed to it.He is right in saying ironically that as NC says Article 370 is not a link between India and Kashmir but a dislink. It is high time that now Indian Government finds ways and means to manage it. In my view another pragmatic approach could be to allow it to get eroded as already dilution has taken place.

 and gradually let it perish. In any case National Conference or any other leader supporting autonomy in the name of this article is dangerous.

N.K.Singh former Chairman International Airports Authority