Article 370 And Kashmir: Navigating A Path To Peace – Analysis
On 16 October 2024, Omar Abdullah was sworn in as the chief minister of the Union Territory (UT) of Jammu and Kashmir (J&K), a space marked by significant regional divisions in political preferences.
This divide was evidenced by the considerable variance in the area-wise performance of political parties in the three-phase assembly election held during September-October 2024. The National Conference (NC) and Indian National Congress (INC)-led alliance won 40 out of 47 seats in the Kashmir province, securing a vote share of 41.08 percent. Conversely, the Bharatiya Janata Party (BJP) dominated in Jammu, winning 29 seats with a vote share of 45.23 percent.
Amid this apparent divide in the multi-religious and multi-ethnic UT, political discourse during the election focused on the dilution of Article 370 by New Delhi, showing that seeds of separatism were still prominent within the Kashmiri socio-political mindset. Soon after the first phase of the assembly session on 4 November, the People’s Democratic Party (PDP) moved a resolution opposing the revocation of Article 370, and the special status enjoyed by the erstwhile J&K state.
Two days later, NC’s Deputy Chief Minister moved a resolution to restore Kashmir’s special status revoked by New Delhi on 5 August 2019. The resolution expressed concern over the unilateral removal of special status passed by the Parliament of India without any debate, amidst noisy scenes from the BJP benches. The NC-led government and the PDP’s reignition of the pre-autonomy revocation politics have not only complicated New Delhi’s policy for the integration of Kashmir into the rest of India but also reinforced a false political rhetoric.
Article 370 and separatism
Article 370, incorporated into the Indian Constitution in 1949, became a tool for exploitation by political leaders at both the central and regional levels. Regional politicians misused the autonomy granted by this article for misgovernance, corruption, and autocratic rule, while the central government often turned a blind eye to these wrongdoings. This misuse led to Pakistan-supported terrorism, trapping the Valley in a state of unrest for decades.
Draconian laws like the Public Safety Law of 1978, which denied fundamental rights to common Kashmiris, further amplified the state’s misgovernance and corruption under its autocratic leadership. The ruling class blatantly usurped central funds for personal gains. The blatant misuse of state funds and a culture of favouritism and nepotism made the erstwhile J&K India’s second-most corrupt state in 2005. The fake arms licenses scam (2012-2016), which impacted six other states in India, became a national security threat and revealed a deep and unhealthy nexus between the state’s police, bureaucracy and its criminals.
Mismanagement, autocratic governance, and pervasive corruption eroded the trust of ordinary Kashmiris in democracy. Additionally, political parties exploited Article 370 to manipulate public sentiment and turn the people against the central government in New Delhi.
In August 2019, New Delhi decided to change the state’s institutional and constitutional arrangements to align with the people of J&K’s future aspirations for stability, socio-economic advancement, and national integration. The Supreme Court upheld New Delhi’s decision to abrogate Article 370 and directed that J&K be restored to statehood as soon as possible. The court clarified that Article 370 was a temporary provision, to facilitate the establishment of a Constituent Assembly, and ease the integration of J&K with the Union of India, following the newly-formed Pakistan’s aggression in 1947.
Against this backdrop, the resolutions introduced by the PDP and the ruling NC in the J&K Assembly’s first session raise concerns about sustained regional peace and stability. These actions highlight the regional political parties’ parochial focus on petty advantages and indicate their wilful disobedience of the Supreme Court’s judgment.
Representing people’s aspirations
Soon after the assembly elections, Pakistan and its agencies began to instigate trouble in the Kashmir Valley through a series of terror incidents. On 20 October, an attack by The Resistance Front (TRF), a Pakistan-based terror outfit, killed seven people and injured five in the Ganderbal district. On 2 November, security agencies killed a long-wanted foreign terrorist in the heart of Srinagar.
The situation escalated further on 3 November when a grenade attack in Srinagar killed one woman and injured ten people. Many ordinary Kashmiris, particularly the youth, are frustrated with terrorism and have condemned terror incidents while staging protests against Pakistan and its terror organisations. Most educated youth want to sustain peace and normalcy, towards which the UT has gradually moved since 2019.
Given Pakistan’s intensified proxy war in J&K, regional political parties must pass a resolution condemning terrorism and violence, instead of supporting historical blunders like Article 370 to keep separatism and centrifugal tendencies alive. The NC-led government should support the youth’s aspirations for a peaceful and prosperous J&K, rather than resorting to political gimmicks and rhetoric.
According to reports, over 900,000 people are drug addicts in the UT, and even religious leaders have begun delivering sermons condemning escalating drug abuse in the region, highlighting the urgent need for action. Regional parties must prioritise tackling the alarming rise in drug addiction among the youth. These drugs, brought in from across the border, lay bare Pakistan’s intent to cripple the UT’s social core, as well as its covert support to terrorism and insurgency, demanding immediate action to prevent further social disintegration and protect the future of the region’s youth.
Regional political parties must step away from the grip of historical grievances and separatist politics that aid Pakistan’s evil designs. Instead, they should focus on the genuine aspirations of the people of J&K, particularly the youth, who deserve a brighter future. Thousands of unemployed youth from the open merit category have sharply criticised the reservation policy, which has reserved more than 60 percent of jobs for weaker sections of society since its enforcement came into force post-2019.
Regional political parties must embrace integration by focusing on the needs and aspirations of the people in J&K, promoting social harmony and inclusivity. This approach will foster a brighter future for the region, characterised by peace, prosperity, and inclusive development. If they fail to do so, J&K will relapse into turmoil and terror.