By Balraj Puri


Predictably the reaction to Justice Sagheer Ahmad’s recently released report has been on divergent lines. Senior BJP leader and its representative on the Group, Arun Jaitely called the report “a fraud.” He reiterated the party’s opposition to autonomy for the state and demanded abrogation of Article 370. Other Jammu based parties like Panthers Party and Jammu State Morcha equally ridiculed the report. Panthers called hurtal in protest. The Bar Association of Jammu also called a strike on another day. Kashmiri Pandit migrants in Jammu and refugees from Pak and West Pakistan, too, have expressed their disappointment. Ladakh’s Union Territory Front leaders has decided “to oppose the report tooth and nail.” Separatist parties of Kashmir region did not attach any importance to the report as it did not propose any thing that could contribute to the solution of the Kashmir problem. The PDP’s President Mehbooba Mufti called the report a good beginning but “with no specifics and substance”. Its chief spokesman Nain Akhtar added, there was no concrete suggestions in the report for the solution of the Kashmir problem, mere restoration of some autonomy to the state was no solution of Kashmir problem.” The ruling coalition partner National Conference welcomed the report though it fell short of its demand for restoration of 1953 status of the state.

On the whole, reaction in the valley is either lukewarm or indifferent while in Jammu and Ladakh regions it is hostile.

Obviously there was no member in the Working Group who could take an objective view of the aspirations of the three regions and reconcile them. Nor Justice Sagheer consulted any person well versed with the ground realities of the state.

Executive powers of the Centre Vs autonomous federal institutions.

Take the question of Centre-State relations, the entire debate over it has been viewed as Kashmiri nationalism versus Indian Nationalism. But what is in the interest of people of Kashmir? If, for instance, Supreme Court’s jurisdiction had extended to the state in 1953, Sheikh Abdullah could not be dismissed and detained under any law then enforce. Similarly financial integration of the state sustains its economy. Similarly if jurisdiction of Lok Adalit Act, Police Reforms, National Human Rights Commission and National Women’s Commission does not extent to the state, whose loss it is? As long as the state had its own Election Commission, the elections were known to be rigged. The fairness of elections now under Union Election Commission has been universally acclaimed.

In the post Nehru era, drastic erosion of the autonomy of the state did take place. But while demanding restoration of autonomy, a distinction has to be drawn between executive powers of the centre and federal autonomous institutions like Judiciary, Election Commission and Auditor and Comptroller General which check undue encroachment of the Central executive in the affairs of the state.

Whatever be merits and demerits of Article 370, it has nothing to do with problems of Jammu and Ladkah. Moreover if the BJP led government when in power could not abrogate it and its law minister told Parliament that it had no power to abrogate, it how does the party expect any other government to do it.

When Justice Sagheer Ahmad quotes official figures to prove that there has been no discrimination in development expenditure with any region or district, he must have known that nothing ensures faster and fair development than empowerment of the people at every level, who through their elected representatives should determine their needs and decide their priorities. Allocation of funds should be based on an objective and equitable formula, keeping in view needs and level of development of a region or a district rather than arbitrarily determined by ruling party on subjective and political considerations. Moreover, regional identity is no less important. If it is weakened, religion based identities would emerge which would undermine the secular basis of the state and its unity. In particular the unique 5000 year old Kashmiri civilization would suffer.

Restore Ladakh’s Regional Identity

Justice Ahmad is all appreciation for development of Ladakh. But he ignores the fact that ever since Ladakh’s regional identity was broken into Leh and Kargil districts—with 52% Buddhist and 48% Muslim population-- communal tensions have emerged for the first time there. First priority for Ladakh should be its recognition as a region within the constitution of the state like Jammu and Kashmir which should restore its secular identity ad give it some administrative autonomy like other two regions. The present powers of the Autonomous Council separately for Leh and Kargil are no more than enjoyed by Zila Parishads in many other parts of the country.

A federal decentralized set up alone can ensure emotional and political unity of the state. Regional autonomy is the logical extension of the autonomy of the state as Pandit Nehru and Sheikh Abdullah had announced at a joint press conference on July 24, 1952 and was the basis on which the Praja Parishad, Jammu affiliate of the Jana Sangh, withdrew its agitation for abrogation of Article 370 in 1953. The State People’s Convention convened by Sheikh Abdullah and attended by the entire political spectrum of the Valley adopted a five tier internal constitution in 1968 which provided for regional autonomy and devolution of political power to the districts, blocks and panchayats. In this context Justice Ahmad’s recommendation for adoption of 73rd and 74th amendment of Indian Constitution on Panchayati Raj is quite relevant.

As far refugees from Pak administered Kashmir and West Pakistan are concerned, in brief they should be treated as refugees in Punjab and West Bengal were treated after 1947. The problem of Kashmiri Pandits migrants in Jammu cannot be resolved by monetary sops or security zones in Kashmir. Conditions should be created to make them feel as integral part of Kashmiri identity. The Kashmiri Muslims should also realize that their identity is incomplete without them.

The recommendation on separate Kashmiri and Dogri Channels of the Doordarshan instead of single Kasheer channel should be accepted with a minor amendment that is Jammu channel should also provide for Gojri and Pahari programmes, the two equally important ethnic communities of the Jammu region, other than Dogras.

There is certainly need for a thorough and frank debate on all the issues raised by the fifth Working Groups by all sections which should generate some light also instead of mere heat that it has as done so far. The separatists should also not dismiss of the report particularly which deals with the internal problems of the state. For why should people wait for the resolution of the problems of governance till they get Azadi. After all Sheikh Abdullah presented a blue print called Naya Kashmir in 1944 while fighting for Azadi from Dogra rule and convened People’s Convention which adopted internal constitution of the state in 1968 when he was leading a movement for plebiscite.


(Balraj Puri is a senior journalist, writer and human rights activist & also the Director, Institute of Jammu and Kamir Affairs)

(Opinions expressed in writeups/articles/Letters are the sole responsibility of the authors and they may not represent the Scoop News)

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