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ESTD. 2011
3 - 9 AUGUST 2020
“Living In A Graveyard” Of Dark
Nights And Militarized South Kashmir
A Year Later, No Justice
For August Detainees
׉	 7cassandra://iKs3Ti4J5ATr8z1Cwc2Tpcc8VGLBxFrlPPZBPLWe6os'`̭ _(ۮmIerp_(ۮmIero	:בCט   	:ԁu׉׉	 7cassandra://WrFNrYs_BYJVY5TorilbF3CS9SxF11ukC2-yDiRtEXQ 	`׉	 7cassandra://qS2uoXOFvi-ID9s6ILtbMoFB_NKUZP2hrLWCc0GUTwkH`׉	 7cassandra://ZcrnriJEEMzAOg16lUSHZ7Q7Tpf7xnBFWi7AgUL3MzMG`Z ׉	 7cassandra://y0cYJl8dSI6O93Hj800InxydFbv72r7OkLAduDBU6Yg @͠	a_(ۮmIerנ_(ۮmIer ̅9׉H yhttps://indianexpress.com/article/opinion/columns/omar-abdullah-jammu-kashmir-union-territory-assembly-elections-6524827/Gׁׁrנ_(ۮmIer K|̜9ׁH "mailto:contact@thekashmirwalla.comׁׁЈ׉E#	ABOUT THIS WEEK |2
Are Kashmir’s Unionists Simply
Miffed With A Sour Deal?
Saqib Mugloo
@SaqibMugloo
T
he Bharatiya Janta Party (BJP) has been emboldened
by the overwhelming mandate it
received from Indian voters in the 2019 general
elections. Since then, the Modi government has
unilaterally imposed, despite protests, some major
decisions on the country, drawing widespread criticism
from across country and even the world.
The BJP passed a controversial bill banning the
Muslim Triple Talaq, despite concerns from Muslim
groups that the law was misguided. Then, it did
away with the so-called special status of Jammu and
Kashmir in August 2019 and months later passed the
Citizenship Amendment Act and the National Registry
of Citizens bill that lead to widespread protests
across India for months, subsiding only due to the
outbreak of COVID-19.
A section of the Indian population—proponents
of Hindutva, the ideology being implemented by the
BJP—rejoiced over the increasing authoritarianism.
However, among all the things that the Modi government
did, what stood out though was the way it
treated the unionist politicians in the erstwhile state
of J-K and dissidents in rest of the country, the “anti-nationals”
who disagree with Hindutva—by jailing
them and ensuring that they remain there.
In Kashmir, the BJP ally and last chief minister of
the state, Mehbooba Mufti, was detained and placed
under house arrest. The three time chief minister of
J-K and former union minister Dr. Farooq Abdullah
and his son Omar Abdullah, also a former chief minister
and minister of state in the centre, were booked
under a stringent Public Safety Act. The detained did
not include just the Kashmiri dynastic parties but
also included the People’s Conference chief Sajad
Lone, the pro-freedom leader who turned unionist.
The foot soldiers of the Indian Union who, for decades,
risked their lives to strength its rule in Kashmir
were treated as criminals as many among them
were jailed or left with no option but stay mum. As
days went by and the leaders were gradually released,
in anticipation people waited for them to
speak out and more importantly fulfil the promise of
fighting till end for their identity. While the silence
of those released deepened under one garb or the
other, the questions on the intentions of unionists
increased with every passing day.
Barring a little criticism of the centre, no unionist
politicians have come out in the open to speak of
roadmap to resist the Modi government’s policies
which tend to add to the anxieties of the masses
with every passing order. Speculation of a compromise
was fuelled by the emergence of a new party,
the Altaf Bukhari led Apni Party.
There is a single question on the mind of people
in Kashmir—have the unionists sold Kashmir
once again?
These queries dominated every conversation, whether
on shop fronts or during family meals. What makes
Kashmiris firm in their skepticism is the fact that they
have proven right upon every climax to high drama in
the region. The history of being stabbed in the back by
the unionists has also given the ordinary Kashmiri reason
enough to be sceptic.
Come the anniversary of 5 August, the leaders
started to break their silence in New Delhi based
newspapers. Among the first was Omar Abdullah,
known for his contempt for the Kashmiri press,
wrote an article in the Indian Express expressing
that he would not contest elections to an assembly
whose powers been downgraded.
“I simply cannot and will not be a member of a
House that has been disempowered the way ours
has,” he wrote in a column for the Indian Express.
He also demanded the restoration of statehood
but later reneged from his statements in a series
of angry tweets.
The statement was welcomed by BJP who distributed
sweets over the announcement of vice
president of NC. The party that is seen monopolising
the politics in Kashmir welcomed the demand
of restoring statehood to Jammu and Kashmir
by the leader stating that he has accepted the
abrogation of Article 370 and integration of J-K
with India.
While the BJP were in a celebratory mode, Mr. Omar
had come under fire for his views, prompting him to
talk to various other media outlets where he categorically
mentioned that the demand was the restoration
of article-370. Meanwhile, former parliamentarian and
senior Congress leader Tariq Hameed Karra while taking
a dig at NC, in a tweet said that timeline has already
been fixed for initiating the process for restoration of
statehood as well as the restoration of high-speed mobile
data services in Jammu and Kashmir.
Seeing the battering as an opportunity to gain political
space, the People’s Democratic Party—the former
ally of the BJP—came up with a statement reiterating
its “commitment to fight for the restoration of
honour and dignity of the people of Jammu and Kashmir”.
The PDP president, Mehbooba Mufti, continues
to remain under detention.
Senior party leaders in a statement on its foundation
day said that 5 August marked a “black day”
in the constitutional history of J-K, when “solemn
commitments made by the same Parliament and
in the Constitution of India were annulled for a
majoritarian goal of bulldozing the country into
one saffron colour”.
They said the unconstitutional measures had had
an impact on J-K worse than that of the worst natural
calamity. The party leaders like Naeem Akhtar
also talked freely with the media, albeit New Delhi
based media, made public their resentment at the
policies of the central government.
While the recent happenings have certainly started
the political bells ringing in the valley of uncertainty,
it remains to be seen whether the parties will
unite against what they call an aggression by the ruling
BJP or will the history repeat itself again?
Peace of a Graveyard
CARTOONBOX by Anis Wani
I
t was around this time last year when the Bhartiya Janta Party government revoked
partial autonomy of Jammu and Kashmir and downgraded it into two union territories
ruled directly by New Delhi. The decision was announced only after Kashmir
was put under a strict military lockdown, a complete communication blackout and a
crackdown in which thousands were interned. For the first time in recent history, the
government crackdown wasn’t limited to separatists alone. Within hours, the entire
mainstream structure which included three former Chief Ministers, scores of former
ministers and ex legislators were rounded up. Though the lockdown was subsequently
eased, life has not returned to normal. The likelihood of return of normalcy also seems
remote. The new government structure that was put in place after 5 August last year
has made its priorities clear and are singularly focussed on implementing the larger
idea behind the decisions taken on 5 August last year. Once the J-K was formally
reorganised into two Union Territories, the administration has issued scores of new
policy decisions and introduced new laws. These measures and the haste in which they
are taken clearly exhibits that the central theme of the government’s plan is to lay a
mechanism for speedy demographic change in the erstwhile state aimed at altering its
Muslim majority complexion. The last one year has seen a regular stifling of press freedom,
disregard towards every aspect of civil rights and choking of all political space.
The disempowerment of J-K’s majority is already evident. The COVID-19 pandemic
that arrived in Kashmir four months ago has added to the woes of the beleaguered
population. The economy that was devastated by the lockdown imposed in August last
year was decimated by the widespread curbs imposed ostensibly to halt the spread
of this virus. The public restlessness is no longer limited to Kashmir. The discontent
is spreading in Jammu where people have started understanding the political, social
and economic costs of the abrogation of special status of J-K. The government’s measures
like the recent bulldozing of homes of a particular community in Jammu too has
caused tensions. This relentless effort to enforce a silence, criminalise dissent, stop
media, disallow any political and social activity on ground can only ensure peace of a
graveyard. A silence enforced by the barrel of a gun and fear of jail can never be long
lasting. New Delhi needs to review its approach towards Kashmir and rethink its plans
to enforce demographic change in J-K. Such policies have not succeeded to resolve
conflicts and bring peace anywhere in the world. They only further complicate the
situation.
Cover Illustration by Anis Wani
PRINTER, PUBLISHER: JAMILA REHMAT on behalf of TKW MEDIA PVT. LTD.
EDITOR IN CHIEF: FAHAD SHAH LAYOUT AND GRAPHICS: MUNTAZIR YASEEN |
HR & OPERATIONS: TANZILA QAYOOM | PUBLISHED FROM: 1, INDO KASHMIR CARPET
FACTORY, NAWABAZAR, SRINAGAR, 190002 | PRINTED AT : KHIDMAT OFFSET PRESS,
THE BUND, SRINAGAR 190001. EMAIL: contact@thekashmirwalla.com PHONE: 0194-2503169
EDITORIAL
׉	 7cassandra://ZcrnriJEEMzAOg16lUSHZ7Q7Tpf7xnBFWi7AgUL3MzMG`Z _(ۮmIerq׉E!3| MEMOIR
A Year Of Kashmir
CLAMPDOWN
Ifreen Raveen
C
ouple of days before the curfew started in
August 2019, three year old Mahi and her fiveyear-old
sister Ayesha would take naabad,
the sugar crystals that faith healers in Kashmir
usually keep in their pockets, and share them with
me while our mothers prayed in one corner of the
shrine. We were at the shrine of Makhdoom Sahib,
a sufi mystic who lived in Kashmir sometime in the
16th century; the evening prayers were still a couple
of hours away.
The steps that led up to the shrine were bordered
by young and old men selling mouth-watering street
food. It was a warm summer evening and things
were as normal as they could possibly be in a valley
under a dense military cover. Over the last few days
we watched in anxiety as troops were constantly
being deployed in different parts of our homeland.
In a matter of days thousands of additional troops
watched over every inch of our streets.
A riot control vehicle was spotted by someone
somewhere, which led to the circulation of its picture
on the Kashmiri social media. There was a sudden increase
in the number of aircrafts flying in our skies.
What added to the confusion were the “everything is
normal” declarations of the then Governor of Jammu
and Kashmir, Satya Pal Malik, with the government
simultaneously releasing orders for people to prepare
for a prolonged law and order situation.
The faith healer offering naabad to Mahi was one
of the many sitting on the edge of different windows
in the inner room of the shrine and calling out to
the people praying outside. Beautiful white and pink
chandeliers hung over their heads. They gave away
naabads and blessings like bread and water to people
who hadn’t eaten in days. This went on until the caretakers
came and ordered everyone to leave.
The government had issued statements asking
tourists to leave Kashmir. To Kashmiris they told not
to worry, however our past experiences had taught
us otherwise. The shrine was emptied well before the
Maghrib prayer. Not knowing what form of suffering
would be inflicted upon us next was too much to bear
at the time and we kept seeking assurances and reassurances
from people who knew no better than us.
Too young to understand the struggle she has
inherited by birth, Mahi clung to her mother. Her
light brown curls tied in a pink ribbon bobbed up
and down before she disappeared in a sea of heads
rushing home in panic and chaos.
On the morning of 5 August, the world’s largest
democracy unilaterally abrogated Jammu and Kashmir’s
semi-autonomous status, without the consent,
consultation or even knowledge of its 12.5 million
people. With a total lockdown and communication
blackout imposed in the entire valley, we sat huddled
around our radio sets to hear the Home Minister Amit
Shah announce in the Rajya Sabha what he called the
complete integration of J-K with India.
According to Mr. Shah, J-K was the last missing point
as its accession to India was not complete with the continuation
of Article 370. “Everyone was feeling something
was missing,” he said in one of his speeches.
For Kashmiris everywhere, Article 370 felt like
the last smidgen of dignity and identity, and with
it wiped out our existence had come under a direct
threat. We watched helplessly as the armed men
first filled up our streets and then started laying
concertina wires, dividing one street from the other.
We had no clue what nearby areas were going
through as we had no means of contact with anyone
other than our immediate neighbourhood.
Every evening smoke from the pepper and teargas
would waft into our homes. It was the only way of
knowing that a protest was happening somewhere near
us. It would reassure us, even as we choked and our eyes
burned, that we are still alive, still fighting and like everything
else we are not going to take this hands down.
Civilian movement was strictly restricted in Kashmir Valley after the GoI revoked J-K's speicial
status on 5 August 2019. Photograph by Bhat Burhan
This reassurance was short-lived as the troops outside
our home was a stark reminder that they were ready,
armed and waiting for a mass uprising.
People lined up outside the police station for
hours on end in order to contact their children
studying or working outside. After waiting for several
hours in the sun, they would forget what to talk
about in that 30 second phone call, which would
then comprise of only a couple of sentences repeated
again and again—we are fine here, do you
need money and don’t discuss Kashmir with anyone
there. These three sentences, echoing like a
prayer from every working landline receiver, probably
sum up the resistance of Kashmiris subjected
to abnormal conditions for most part of the year.
Alone, isolated and already on the verge of a
mental breakdown, Kashmiris faced an unprecedented
decline in their mental health since the
beginning of the August 2019 lockdown. Anxiety,
depression and PTSD cases rose and patients who
had previously recovered, faced relapses. This
trauma was not restricted to Kashmir. With little
to no news about their families back home and as
stories about torture and arrests started emerging
from Kashmir, students living away from their
families started imagining the worst.
On 15 August, as India was celebrating 72 years of independence,
I left Kashmir for New Delhi in the midst of
a severe curfew. During the half an hour ride from my
home to the airport, I was flagged down several times
by the men in uniform and was let go only after showing
my air-ticket. The carefree Delhi atmosphere felt suffocating
and watching people go about their lives casually
while people back home were caged, detained
and tortured in their name was unbearable. I started
having nightmares and often woke up in sweat and
tears. In most of my nightmares, my family was leaving
for some other country in a 1947 partition-like
situation while I was stuck on this side of the border.
Overcome by a surge of emotions, I would wait
desperately for a phone call from my mother, even if
just to hear those three sentences repeated again and
again, we are fine here, do you need money and don’t
discuss Kashmir with anyone there.
The most widely read newspaper of Kashmir was
reduced to just a couple of pages, with a significant
portion containing listings of cancelled marriage
ceremonies. Soon they also included details
of people who passed away, fathers who suffered
heart attacks, letting their children know, in the
only way possible, that they no longer exist. As
weeks passed, the front pages of local newspapers
featured government advertisements asking people
to open shops and resume public transport.
“Closed shops. No transport. Who benefits?”
read the advertisements.
“Are we going to succumb to militants? Think!!!”
they said in bold letters.
While Prime Minister Narendra Modi talked about
a new dawn of development for Kashmir, poorest of
the Kashmiris, with no means of livelihood left were
starving and surviving on scant meals. A basic human
right like access of a chronic patient to a hospital and
medication was denied. Doctors lost contact with their
patients suffering from deadly diseases and patients,
unable to call for an ambulance and with travel restrictions
in place, were denied their right to life. And when a
doctor with a placard, which read: ‘This is not a protest.
This is a request,’ talked to the media about the shortage
of life-saving drugs in the state, he was promptly
detained by the police. Kashmir was not a place for any
sort of rights anymore, has not been so for a long time.
National media persons who came to Kashmir
and went around in government helicopters and
chauffeur driven cars, painted a picture of normalcy
in Kashmir. These pictures were full of cracks
from where true, painful stories emerged of a nation
bereft of rights and life. Children like Ayesha
and Mahi haven’t been to school for a year now.
People who report facts are being muzzled by
the government. Jobs have been lost and careers
destroyed. Unable to access complete information
of COVID-19, people are unaware of what they are
up against. Thousands of Kashmiris are languishing
in Indian jails under unlawful detentions.
The narrative of bringing peace and development
to Kashmir has been long forgotten. BJP cadre
has begun their search for land in Kashmir. Vultures
are flying all over the valley, scraping pieces
of meat from a dead, decaying body.
The author is a postgraduate student at the
Convergent Journalism at AJK Mass Communication
Research Center, Jamia Millia Islamia in New
Delhi. She writes fiction and non-fiction on issues of
human rights, conflict and gender.
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he media that the massive movement of troops into what
as already the most militarised place on the planet was
ecessary to counter an unspecified threat to the annual
nath Yatra. Yet it was not the Hindu pilgrimage at risk,
e very existence of Jammu and Kashmir itself.
uably, the abrogation of J-K’s semi-autonomous stanshrined
by the decades-old Article 370 of the Indian
tution, had been telegraphed in advance by the ruling
tiya Janata Party’s election manifesto. Yet the scale
eption required for its implementation was equalled
y rejection from most Kashmiris.
CULTURE
d so it came to pass. The state of J-K, subjected to years
tical suppression, enforced by an overwhelming military
nce within the public realm, disappeared overnight, only
replaced with a status quo under a different name. For
ality is that democracy had been alien to Kashmir for
time. Changing the state’s description to a “Union Ter”
meant that Kashmiris experienced yet further curbs on
basic freedoms of assembly and information, anathema
democracy, let alone the world’s largest.
6 August 2019, the day following India’s move, Indian
ss Deputy Editor, Muzamil Jaleel, wrote on Facebook:
gar is a city of soldiers and spools of concertina wire.
s – mobiles and landlines – have been disconnected. Inis
off. There is no money in ATMs. A very strict curfew
en imposed across Kashmir.”
also described how he was prevented from doing his
could only move around with a lot of difficulty. Eve
I met is in shock. There is a strange numbness. We
about the killing of two protestors but there is no
o confirm. Kashmir has been turned invisible even inKashmir.
The forces on checkpoints have specific inremained
faced total lockdown, denied freedom of movement, assembly,
speech and access to the internet. At the time of writing the
Kashmir Valley remains without 4G services.
Since 5 August 2019, the indomitable Jammu & Kashmir
Coalition of Civil Society ( JKCCS) – the brightest of spots
amid an ever-darkening paradise – has diligently documented
myriad human rights abuses and counted the dead
on all sides. In the first six months of this year the group
recorded extrajudicial executions of at least 32 civilians in
J&K, 143 militants and 54 government forces personnel.
While it is difficult to get accurate figures for the number of
jobs lost, exams deferred, nor essential education interrupted,
there can be no doubt about the harm done by depriving
children of their future.
Media, muted
Meanwhile, the media has been eviscerated. Hilal Mir,
the former editor of Kashmir Reader – a publication forced
to cease publication in the aftermath of Burhan Wani’s
death in 2016 – has written a majestic overview of the difficulties
faced in reporting Kashmir. International journalists
are now prevented from visiting the Valley by a visa
system designed to frustrate their efforts. And indigenous
journalists are forced to practice self-censorship, as those
bold enough to follow the most basic journalistic principle
and write what they see have been questioned by police.
Long before abrogation, Kashmir had been deadly for journalists.
Earlier this summer marked the second anniversary
Rising Kashmir editor Shujaat Bukhari’s assassination. He was
shot along with his bodyguards by unknown gunmen outside
his office on 14 June 2016 – his murder remains unsolved.
In an exchange of emails with renowned Indian writer
membering
u And Kashmir
autonomous status of India’s only Muslim-majority state was
India. Now, one year on from the state’s disintegration, former leader
thinly veiled bid for a return to his old post as chief minister of the
D-19 continues to ravage Kashmir, freelance journalist Mark Mistry
hout a post office became a people without a state.
ions to disallow journalists to cross the barrier. I saw
rew from Delhi inside a hotel outside a hotel outside
gh Police station – they were saying Kashmir is calm.”
Government of India had moved quickly. Government
wasted no time snuffing out what little remained of
mir’s fledgling democracy by abolishing the erstwhile
legislative assembly, imprisoning political leaders and
party’s members. The comprehensive nature of the
down confirmed the worst fears of the Kashmiri politite.
Only the night before mainstream leaders had gatht
former chief minister Omar Abdullah’s Gupkar Road
nce to sign an eponymous declaration stating their
itment to J-K’s continued constitutional integrity.
ounting his own experience of August last year, he
he Indian Express: “Two days before all this hap,
we had one last meeting in the party office…by then
ormation had been conveyed that there’s a serious
to the yatra and that completely misleading, unul
bit of news they planted everywhere, to get all the
[pilgrimage visitors] and the tourists out.”
gantic security sweep followed. On 11 March, this year, the
Minister of State for Home, G. Kishan Reddy, informed the
Sabha the J-K authorities had taken 7,357 persons into prevenstody
since August 5.
me were luckier than others. ‘I went to Hari Niwas and the
ery kindly were putting me in this very nice big room with
of the lake’, former Chief Minister Omar Abdullah said.
s arrested under the state’s draconian Public Safety Act,
permits detention without trial. An Amnesty International
described it as a ‘lawless law’. “If there is one regret I have,
at I did not revoke the PSA from the statute books when I
power”, he told The Wire, in a separate interview.
hmiris without a dynastic background – Omar is the grandSheikh
Abdullah and Farooq is his father, both also previous
ief Ministers – found themselves flown to various jails across
facing squalid conditions far from their families. Those who
Pankaj Mishra, Mirza Waheed, himself a celebrated Kashmiri
author and journalist, expressed anguish regarding the lack
of backbone among India’s media. “Why did the press in India,
barring a few exceptions, crumble as if it were a house of
cards? How come the press in the world’s largest democracy
turned out to be the weakest?”, he exclaimed.
The answer, it seems, is that Indian media has been hollowed
out from the inside. In 2014, shortly before Narendra
Modi was first elected, a BBC World Service portrait of India’s
media landscape said ‘the business of news is killing
the profession of journalism’. It seems little has changed.
“In India, a country with thousands of newspapers and
hundreds of television channels dedicated to exclusively to
news, there is, with some notable exceptions, a strange absence
of dissenting voices…Outliers have found themselves
relentlessly harried and harassed”, writes Kapil Komireddi,
in his recent polemic ‘Malevolent Republic – A Short History
of the New India’ (Hurst, 2019),
Self-censorship is not exclusive to Kashmir, he adds, noting
‘four hundred pairs of eyes and ears’ listening into every news
channel from the offices of the government’s Information &
Broadcasting Ministry.
Some Indian voices have spoken out. Acclaimed author
Arundhati Roy has been withering about the level of scrutiny
applied to the activities of the ruling BJP government, which
returned to power with a massive majority in May 2019. “The
Indian media told us what the government wanted us to hear’,
she wrote in The Nation, in a piece titled ‘India: Intimations of
an Ending: the rise of Modi and the Hindu far right’.
“Heavily censored Kashmiri papers carried pages and pages
of news about cancelled weddings, the effects of climate
change, the conservation of lakes and wildlife sanctuaries,
tips on how to live with diabetes and front page advertisements
about the benefits that Kashmir’s new, downgraded
legal status would bring to the Kashmiri people.”
Status change: what is it good for?
“Kashmir Valley politics have been stale for years”, respected
South Asia specialist and former Reuters’ India Bureau
Chief, Myra Macdonald, told The Kashmir Walla. “That’s not
necessarily the fault of Kashmiri politicians - Delhi has always
tried to pre-determine the outcome of the Kashmiri political
process either with blatant interference or more subtle forms
of managed democracy by encouraging one party or another
in state elections.”
“The absence of a vibrant political process helped create
an entire eco-system that relied on the politics of grievance
while serious problems that affect people’s day-to-day life,
like corruption, went unaddressed”, added Ms. Macdonald.
Intriguingly, Ms. Macdonald also addressed how self-determination
for J-K could work in practice. “Personally, I would
have liked to have seen Delhi open up the political process more,
let politicians talk freely about independence, and about what
they mean by “azadi”. Everyone knows that the Kashmir Valley
alone could not survive as an independent entity, yet somehow
that idea has been allowed to take root. With the abrogation of
Article 370, and the house arrest of politicians, Delhi has gone in
the other direction, narrowing the political process. However, I
recognise there was a need to break the stalemate.”
Another noted expert on South Asian affairs, Paul Staniland, a
political scientist at University of Chicago and non-resident fellow
of Carnegie Endowment for International Peace, concurred with
Macdonald on the need to eradicate rampant corruption, and questioned
the supposed benefits of abolishing Article 370. “The claimed
benefits of amending 370 were numerous - integrating Kashmiris
more fully into India, breaking the back of corrupt local parties, undermining
Pakistani claims, and spurring economic development,
among others,” he said. “So far, the Indian government can point to
a lack of mass protests and what seems to be somewhat lower violence
than during the first half of 2019, including a much heavier imbalance
of militant vs. security force fatalities in favour of the latter.
“Beyond that, it remains unclear that meaningful economic development
has been spurred, that Pakistan is no longer relevant, or
that fundamental changes in Kashmiris’ political allegiances have
occurred. India still has a very large security footprint in the region,
so the costs remain high,” Mr. Staniland told The Kashmir Walla.
Questions remain on how local representation might
return to J-K, currently ruled directly by New Delhi’s appointed
Lieutenant–Governor GC Murmu, previously a
senior official in Gujarat during Narendra Modi’s administration
as the state’s chief minister.
In an email exchange with The Kashmir Walla, Mr. Staniland
said he could envision inducements, possibly including
a return to statehood and the promise power and
patronage, aimed at encouraging electoral participation by
existing and new parties.
Given the depth of distrust following the events of last
August, it seems unlikely that the return of any form of local
democracy would be widely well received by Kashmiris,
argues Dr Ayesha Ray, associate professor of political science
at King’s College, Pennsylvania.
“Which Kashmiri is going to trust the Indian state when
the government has broken the very foundations of trust?
In the long-term, this poses a major governance challenge.
A government that holds little credibility among the people
and which has lost their trust by depriving them of their
rights and civil liberties will find it very hard to maintain
effective control of the region”, she wrote in The Wire.
What happens now?
Last week Kashmiris began yet another Eid festival under
strict curfew. COVID-19 continues to claim lives and
deplete the minimal resources of the Valley’s brittle health
infrastructure. Remdesivir, a drug proven to alleviate
symptoms of pandemic patients, is in short supply and
largely unaffordable for most citizens. Chinese and Indian
recently had their most deadly confrontation in decades.
And demographic changes haunt Kashmiris who fear for
the future of their proud culture and language.
India, meanwhile, is at pains to paint a picture of ‘paradise’,
Mughal Emperor Jahangir’s famous description of
Kashmir. Shortly after last year’s status change Indian authorities
invited foreign politicians to tour Dal Lake, overlooked
by overlooked by the magisterial Pir Panjal mountain
range. Images of them being ferried by shikaras duly
reached the world’s media, and they were even granted a
photo opportunity by Prime Minister Narendra Modi, all
the better to project the image of ‘normalcy’.
Yet the reality, as so often with Kashmir, was different.
Among the visitors were right-wing Members of the European
Parliament, including representatives from parties
such as Germany’s Alternative for Deutschland (AfD)
and Marine le Pen’s National Rally in France, the newly
rebranded ‘National Front’. Both are infamous for their
anti-Muslim views. As used to happen with Durbar moves
– when the previous J-K administration moved from its
winter capital in Jammu to Srinagar, its summer seat, parts
of Dal Lake were cleansed of weeds. But the water is stagnant,
with weeds choking the life from the Lake, harming
vegetable and fish stocks. Pollution, alleged corruption
through over-development also threaten its very existence.
A huge amount of work is needed to restore the lake. The
same can be said of democracy in Kashmir.
_(ۮmIert_(ۮmIers	:בCט   	:ԁu׉׉	 7cassandra://nvGu3uX_NTC_YOU8KI9OGlHUxHU4ZXvhB10aW2xgllw 4`׉	 7cassandra://kt2dck-9gm1wvAUKYyTVM2skCxe3p96NCqaKpHZPXy4'`׉	 7cassandra://Y_x7YVEnB2ZRba1jQemfa97Z9U68H0KOCaHy50JCPqgG4`Z ׉	 7cassandra://UtwcZ9w2DZwT9jQqCPR5luAbSRJsjKDMYWUIdcQrLhU b̴͠	a_(ۮmIerנ_(ۮmIer P9ׁHhttp://Kashmir.ThׁׁЈ׉E"“Living In A Graveyard”
Of Dark Nights And
Militarized South Kashmir
Photographs by Umer Asif
Shams Irfan
T
he masked trooper, after checking Mr. Asif’s
car directed him to hand over the keys and
leave. “He said it so plainly that I couldn’t
react for almost a minute,” Mr. Asif recalled. “But
the soldier was adamant.”
The trooper wanted Mr. Asif to leave his car
with the army officials and travel the rest of the
distance to the Shopian town, around two kilometres,
on foot.
When Mr. Asif resisted, he recalled, the trooper
told him plainly: “You seem to be an educated
person, so you should know it is mandatory.”
All of a sudden stories of army troopers forcibly
taking over civilian vehicles for anti-militancy
operations began flashing in Mr. Asif’s mind. The
only difference was that the trooper was addressing
him politely.
Five minutes later Mr. Asif was sure that he
could not reason it out with the trooper. He got
down from his car, took out the registration papers
and other important documents before he
handed over the keys politely. “I knew I could not
argue beyond a point. It was not safe,” he said.
“Besides it was already getting dark and lonely.”
Mr. Asif informed the local Deputy Commissioner,
immediately. “What if my vehicle would
have been used in an anti-militancy operation?
Who would have trusted me then?” he said. It was
after DC’s intervention that his vehicle was released
the following morning.
Several residents from different villages of
Shopian allege that the troopers from the Chowgam
garrison usually take their vehicles for a period
of two to three days.
Mr. Asif said that after August 2019, the army is
more frequently taking away vehicles from residents.
The army’s official spokesperson Colonel
Rajesh Kalia, however, denied the allegations.
“No vehicle is being used forcibly and the civil vehicles
are hired and payment is made as per the
SOP,” he said.
It didn’t take long before residents of Shopian
and its adjoining villages came to know about such
incidents. The Chowgam garrison quickly earned
notoriety and became a no-go zone for civilians
travelling in their private vehicles after sunset.
When 35-year-old Mr. Hazik, a Shopian based
lawyer and his friends came to know about Mr.
Asif’s experience, they stopped visiting Hurpura, a
nearby tourist resort famous among the locals. One
has to cross Chowgam garrison to reach Hurpura.
“It is risky now,” said Mr. Hazik who used to
visit Hurpura with friends in free time.“Slowly,
our space is shrinking because of heavy militarization
in the area.”
T
he process of re-militarisation in south
Kashmir started with the killing of popular
militant commander Burhan Wani in
2016. Dozens of new makeshift bunkers and also
some camps came up overnight in populated areas
and on the major roads on South Kashmir.
Feeling this, residents from the four districts in
South - Pulwama, Shopian, Anantnag and Kulgam,
claimed that the free movement of people
to their orchards, between villages, towns and
districts has become a daunting task.
“It is not [just] about taking the vehicle. The
problem is the way they have normalized it,” said
a Shopian resident, Basit, who gave only his first
name. His vehicle was also taken by the Chowgam
garrison. “They (troopers) talk to you as if you are
legally bound to do so.”
In the last week of March this year, a business administration
student in Kulgam, 23-year-old Shadab,
was allegedly thrashed and made to sit on a rock
for two hours by a paramilitary trooper as punishment
for going out on his motorbike after sunset.
“Life comes to a standstill as the sun goes down
here,” he said, adding that it was only after a local
police officer’s intervention that he was allowed
to go home.
The incident has left Mr Shadab traumatised.
“They could have simply fined me or asked local
police to take action against me if I had broken
any law,” he said. “But treating someone like that
is not done.”
Mr. Shadab said that he felt alive whenever he
I was still half asleep
when I came face-toface
with lots of soldiers
in our lawn. I was very
scared... The helplessness
I felt at that time cannot
be explained in words.
We were locked inside
our own house, [the]
uncertainty of our fate.”
visited his friends in Srinagar city. “At least I can
roam outside without the fear of getting humiliated
or beaten,” he said, miffed at the difficulties
of life in Kashmir’s southern districts.
In Kulgam, Mr. Shadab said that he lives in a
state of constant fear. “Imagine we cannot keep
lights on and study beyond 10 PM. Lights often
attract trouble,” he said. As the night falls, he feels
anxious as if he is “living in a graveyard”.
However, compared to what others of his age
group, most in early twenties, go through on a
daily basis in small nondescript and forgotten
villages, Mr. Shadab considers himself lucky.
However, not everybody felt the same.
Mr. Tariq, a resident of Pulwama, was returning
home on his scooty, after attending a function
in Shopian when he was stopped by army troopers
at the Bundzoo Bridge near Haal village in
׉	 7cassandra://Y_x7YVEnB2ZRba1jQemfa97Z9U68H0KOCaHy50JCPqgG4`Z _(ۮmIeru׉E7|
Pulwama district.
“They took my phone and ordered me to unlock it. When
I did, one of them slapped me on my right cheek,” he said,
adding that he was beaten without provocation. “But I was
not in a position to argue.”
As the troopers kept slapping Mr. Tariq on his face,
another trooper went through the picture gallery on his
phone. “He pointed at my sisters pictures and asked who
she was?” said Mr. Tariq. “When I told him that she is my
sister, he slapped me again. He said that I am lying.”
Then the trooper then went through his WhatsApp and
began checking his recent chats. “I wanted to tell him that
he cannot check my personal stuff like this but I couldn’t. I
just wanted to go home,” said Mr. Tariq.
Mr. Tariq’s painful ordeal continued for nearly an hour
during which he was dragged behind the troopers’ armoured
vehicle. “They made me lie down, kept my legs
against the vehicle, and beat me with a stick,” he recalled.
When it finally ended, Mr. Tariq was asked to collect his
phone two days later from the nearby Haal camp. “I took
my father and brother along. I was barely able to walk [two
days later].”
The phone was returned to Mr. Tariq but the incident
left a lasting impression on him. Since then, like many others
in south Kashmir, has stopped going out after sunset.
“I feel vulnerable all the time,” he said. “I feel as if they will
come to my home and take me away.”
During his ordeal at the bridge, a number of vehicles
passed by but none dared to stop and help, said Mr. Tariq.
“This makes me even more afraid that no one is in a position
to help you here,” he said.
Speaking about Mr. Tariq’s alleged ordeal, army spokesperson
Colonel Kalia said: “The individual had not been
thrashed and the allegation is baseless. He was signalled
to stop but he didn’t. So his mobile was checked and then
returned.”
B
ack-to-back cordon and search operations (CASO) by
the government forces and the subsequent gunfights
with militants have left a trail of destruction across
south Kashmir.The highhandedness that comes with it,
has been etched on the people’s minds.
On a last June morning, at around 5am, 21-year-old Shefali
Rafiq was sleeping when her mother came rushing into
her room to wake her up. “Army is everywhere outside. Get
up quickly. It might be a CASO,” she recalled her mother
as having said.
A resident of Qaimoh village in Kulgam, she jumped out
of the bed and rushed outside with her mother. “I was still
half asleep when I came face-to-face with lots of soldiers
in our lawn,” said Ms. Rafiq, a journalist by profession. “I
was very scared.”
After Ms. Rafiq’s family was ordered out of the house,
the troopers went inside the house and checked it thoroughly
for half-an-hour. “Then we were allowed to go
inside and ordered to remain there till instructed otherwise,”
she said.
By 6 AM, men, women and children from the entire
neighbourhood were brought to Ms. Rafiq’s house as the
troopers searched the houses one-by-one.
“It was finally over at 1:30 PM,” said Ms. Rafiq.“Till then
we were in a state of fear and anxiety. We were sure a gunfight
would erupt at any moment.”
The seven hours Ms. Rafiq confined to her house with her
family and neighbours played in her mind often since then.
“The helplessness I felt at that time cannot be explained in
words,” she said. “We were locked inside our own house, [the]
uncertainty of our fate.”
The helplessness is palpable on the faces of the locals
passing through another garrison in Chowdary Gund on
the outskirts of Shopian, on a daily basis.
Near the garrison, everyone except the vehicle’s driver
are ordered to de-board and walk around 250 meters of
the road along the military camp. “It is a standard practice
that we are now used to,” said a resident of Shopian, Sartaj.
“In absence of civil government, we are entirely at the army’s
mercy. They (local representatives) at least worked as
a buffer between the army and people. Now there is none.”
According to Shopian based social activist and lawyer,
Mr. Habeel Iqbal, since August 2019, army troopers are
more aggressive as compared to the last few years.
“This aggression coupled with their massive presence
has impacted the lifestyle of locals and their day-to-day
life,” said Mr. Iqbal. “The impact can be seen in all spheres
of life including social, political, economical and religious.”
T
he aggression is visible on the 66 kilometre long
highway from Pantha Chowk on the outskirts of Srinagar
city to the far end of south Kashmir, in Anantnag
district’s Qazigund.
“There must be around a hundred small and big bunkers on
this highway now,” said a south Kashmir based journalist who
frequently travels to his office in Srinagar. “And every bunker
means extra halt in the journey.”
The new highway, once hailed as a model of development
by both local and New Delhi based governments, has now become
a source of trauma for Kashmiris.
“They (soldiers) don’t care if it’s an ambulance, school bus,
or a private vehicle rushing towards the hospital in Srinagar,
they treat everyone the same way,” said the journalist.
In February 2019, a Jaish-e-Muhammad militant, Adil
Dar, rammed his explosive laden vehicle into an army convoy
on the highway in Lethpora, killing over 40 paramilitary
troopers. Since then, traffic is halted on both sides
of the highway—across Kashmir but more aggressively
here—to clear the way for convoys of government forces.
“At times entire traffic is stopped just to pass a few army
vehicles,” said the journalist.
But the practice of controlling a civilian road is not new.
Mr. Sartaj, a social activist, recalls how he had to lift barriers
himself and make way for his car at Bihibagh garrison
while on the way back to Shopian from Anantnag.
“At 5:30 PM they close the gates erected in the middle
of the road. No one is allowed to pass through after that,”
said Mr. Sartaj. “They let my vehicle cross when I convinced
them that I had gone for my mother’s check-up. It
is humiliating.”
As Mr. Sartaj moved barriers, and put them back after
crossing through, his ill mother could only watch helplessly.
The remaining journey home was unusually silent, which
has become common for residents from South Kashmir,
who have to commute daily. Life for these residents has
changed, largely impacted by the militarization, which frequently
leads to escalated violence leaving a grave impact
on civilian life.
*Some names of the characters have been changed on
request to protect their identity.
This aggression
coupled with their
massive presence
has impacted the
lifestyle of locals
and their dayto-day
life. The
impact can be
seen in all spheres
of life including
social, political,
economical and
religious.”
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For Aug
Shehzada Bano with her 3-year-old
daughter, Aisha, at her home in Fateh Kadal,
Srinagar, when her husband was detained by
J-K police. Photograph by Umer Asif.
׉	 7cassandra://r4ypTZ9P5KFiMmi97JGzWb-KRyihUcyKdpD46Xz0Ivc<f`Z _(ۮmIerw׉ELater, No Justice
gust Detainees
Yashraj Sharma
@YashJournals
F
or the last Eid, 24-year-old Ruby Jan had brought a checked-shirt
for her elder brother, Raasik Nengroo. However, just weeks before
Eid, the police detained Mr. Nengroo, yet again, on 6 August 2019, a
day after Jammu and Kashmir special status was abrogated.
Ms. Jan wandered door to door, begging officials to get her brother
released but to no avail. Her father, Bashir Nengroo, a 50-year-old
laborer, ran behind the Station House Officer of Yaripora, Kulgam,
begging. “He has been at home only for a month,” he told the police.
“Why are you taking him again?” However, the police told the family
that it was a precautionary detention for 15 August, the independence
day. “He’ll be released soon.”
Today, a year has passed and two Eids have gone by but the shirt
remains packed in the plastic it came in -- reduced to a souvenir.
Ms. Jan lives one week at a time. Every Friday, Mr. Nengroo
calls home from the jail in Allahabad, Uttar Pradesh, for a five
minute long conversation allowed to him each week. “He asks
about mumma and if we all are doing fine,” said Ms. Jan, adding
that the phone signal is always weak.
But then, there are Fridays when the phone doesn’t ring
for a reason or another. “My mother is suffering a lot. She
gets unnerved when he misses a call,” she said, breaking
down as she spoke with this reporter over the phone.
“It has been so long he isn’t at home. Just so long.”
On 5 August, the Government of India tabled a
bill to reorganize the state of Jammu and Kashmir
and scrap the region’s limited autonomy
granted under Article 370 of the constitution.
Union Home Minister Amit Shah had
said: “[Article 370] was used to anger the
youth and separate the youth from the
mainstream.”
Contrary to that, as the parliament
voted for the bill in sessions, the J-K
administration detained thousands of
young boys and men, including students,
prominent politicians, rights
activists, and lawyers, fearing widespread
protests against the move.
Kashmir
simmered behind the
communication blackout as civil liberties
were torn apart by the razor
wire barricading every other street.
Nearly 60 kilometers away from the
capital city of Srinagar, the police
raided a small hamlet near Yaripora
village of Kulgam district in the
south, to detain then 29-year-old
Mr. Nengroo, at midnight.
Mr. Raasik’s detention was based
on two earlier FIRs from 2017 and
2018, said Mukhtar Makroo, his advocate.
The family bailed him out
in July 2019. A month later, he was
slapped with the Public Safety Act
(PSA), and flown out of Kashmir Valley.
In
October
2019, an
[Raasik’s] mother cannot
come. She says that she won’t
be able to see him behind the
bars. It would kill her. They
ruined his education. What I
had dreamt for him, all of it is
burnt now. All is gone. Now, it
is all up to Allah.”
11-member team comprising advocates, human rights activists and a psychiatrist
filed a report after their week-long visit. It claimed “more than
13,000 people have been unlawfully detained and most of them are being
transferred outside Jammu and Kashmir, in order to prevent family
members and advocates from appearing for them.”
Mr. Raasik’s absence is visible in every aspect of the family, including
financial. After his detention in 2017, the situation at his home started deteriorating.
His aged father, who limps, had to restart working as a daily
wage laborer to meet the ends. Ms. Jan, the sister, too had to leave her
ambitions and nursing midway to support the family, emotionally and
financially.
But the Nengroo family isn’t alone.
Bigger battles
On the intervening night of 4 and 5 August, Shehzada Bano had returned
to sleep after taking her ill 3-year-old daughter to the hospital
with her 30-year-old husband, Bilal Ahmad Dar. As they fell asleep in a 8
x 8 kitchen-cum-bedroom in Fateh Kadal area of Srinagar, abrupt knocks
on the window woke her up.
It was the police, looking for Mr. Dar.
Mr. Dar had a police case against him from the 2008 civilian uprising, in
which at least sixty civilians were killed in street protests by the government
forces. However, the case was long closed and he had settled down
with his wife, and had two children with her.
In the preventive detention spree, barely a history sheeter was spared.
As the police dragged Mr. Dar from his bed, Ms. Bano kneeled and begged
them: “Please think about us. I have two small children to look after. What
am I going to do?”
None of the pleas were heard as the police whisked her husband away
-- children still asleep.
The Fateh Kadal police station was barely a kilometre away. From the
next morning, she would walk down to the station with a child holding
each hand, she said. Even that Eid, in 2019, she waited till 8 pm, she said.
“They didn’t allow us to meet him until my daughter started crying on the
road: ‘Baba! Baba!’”
When Mr. Dar was later shifted to Central Jail, Srinagar, the journey to
see him became more tedious. Public transport was not allowed as the
restrictions on civilian movement continued.
But she had bigger battles to fight: taking children to the hospital at
night; feeding them warm food; paying tuition fees of the 7-year-old son;
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celebrating half-hearted birthdays; and to take care
of herself. During the dinner, she said, her daughter
would often call the father to join -- looking at
his photograph on the wall. When a night would get
tough, she would talk to the photograph too, she said.
As weeks turned into months, it became harder for
her to stop the tears and keep herself together for her
children. The void of her husband was killing her in
parts, till she had reached her threshold: “One night, my
son was watching the video [a compilation of Mr. Dar’s
photographs and family’s happy moments, together]
and he started crying. When I noticed him, I shook him,
calling his name, “Ateeb, Ateeb.” He didn’t respond. I
couldn’t bear it. I took a knife from the kitchen and slit
my forearm.”
A few moments later, she was washing the oozing
blood under the tap. When she would tell this to her husband
later, during a visit to the jail, she would get scolded,“rightly”,
she recalled that meeting.
But the agony wasn’t just leaving her, she said. In
March 2020, her support powerhouse, her father, passed
away due to a heart attack. She explained how much her
issues troubled her father. “The police killed my father.
He would have been alive, with me,” she said, disgustingly.
“Now, my mother lives alone in the house with no
one to take her care. [The] police is the reason.”
Four days after her father’s death, Mr. Dar was released.
“It had no meaning. My father won’t come back
now,” she said.
However, Mr. Dar’s detention has changed him a lot,
Ms. Bano said, as her daughter, Aisha keeps nudging. She
gives her a napkin that doubles as a toy doll. “[Mr. Dar]
has become more caring, but more scared as well,” she
said. And she is sacred too, especially at night.
“I’m afraid that they’ll come back. When I walk past
the police station, I remember everything. Everything,”
she said. “That raid in the night.” And so does
her husband.
But no one talks about it, revealed Ms. Bano. She
thinks that it would only make things harder for
the family. Though Mr. Dar has rejoined his job as a
salesman at a nearby carpenter shop, he hasn’t really
moved on. Once, when he was walking past the police
station, his son pointed at a bunker, saying, “hadn’t
they had locked you up? They used to say that you
would be released soon.”
Mr. Dar broke down but didn’t speak. The uniformed
men are a nightmare for the traumatized family
now.
When will I be free?
It is not just Mr. Dar who is afraid of the uniformed men.
Or their vehicles. The 14-year-old Afaan, who wishes to go
by his first name, is scared of a Rakshak too. In August 2019,
Afaan had been hearing the stories of “detention, police
beating, and torture.” So when he saw a police vehicle on
the afternoon of 21 August 2019 outside his home in Channapora,
Srinagar, he tried running away in a reflex.
He couldn’t.
“[The police] hit my neck with his gun butt and I felt unconscious,”
he recalled. “I opened my eyes inside a lock up.”
Afaan said he shared the lockup with sixteen others, the
eldest was a 24-year-old stranger.
Two days later, he was shifted to Sadar police station
in the middle of the night. There, he said, he was
called to an isolated cell, where police officers on duty
were waiting. “They showed me a video of the protest
and asked me to identify the people in it,” Afaan recalled.
Initially, the police officials tried to lure him,
he said, by offering chips. But, he said, he didn’t break
and denied to give up any names. “I didn’t know any
of them,” he said.
The police soon lost its temper, he said, adding that the
Duty Officer asked the other police official to bring a baton.
“I was very afraid,” when he recalled the stories of extrajudicial
police beating in Kashmir.
“They beat me up for seven to eight minutes,” he
said. “I kept pleading: “Bas bas D.O. Sahab, lag gayi.”
But they didn’t stop.”
One of his cousin sisters, who wished to remain
anonymous, told that the family had pleaded to the
police officials that “Afaan is a child and he has health
issues. Even if you beat him up, don’t hit on the face.”
Although, Afaan said, knowingly the police officials
pulled his ears and slapped him.
That evening, when his father came to the police
station, he remained mute: “I didn’t tell him. He would
have gotten worried.”
After 14-days inside the police station, the 14-year-old
Afaan was let go by the police when his family showed a
certificate from his school that proved him to be a minor.
He was named in an FIR--wherein his elder sister
claimed the charges included vandalising property and
throwing stones at the government forces--and he attended
a hearing in the Juvenile Court. However, the
COVID-19 impact on daily life has put that case at halt.
And the detention changed his life, too, forever, he said.
The police have asked Afaan to stay put and report
at the earliest on every summon. In other words, Afaan
said, the police have chained him. “Jaise mai abhi
bhi unke kabze mai hun,” he said.
And this idea of accountability drives him uneasy.
Hence, he likes to stay away from home; keeps a smartphone
without a sim card; stays more at a friend’s place
rather than home; and wakes up suddenly at night.
On 6 May 2020, when Riyaz Naikoo, the then operational
commander of a militant group, Hizbul Mujahideen,
was killed, the police detained Afaan again. He
wasn’t scared of beating anymore, he said, but the fact
that his family will have to suffer again. However, he was
let go within 24 hours this time.
“I’m afraid that they will come back,” he said in a
hushed voice.
A student of tenth standard, Afaan has been finding it
hard to focus on studies, said his cousin sister, who lives
in the same house. “There is no future in Kashmir,” Afaan
added. “It is not just me. It is every Kashmiri. They
have ruined everyone’s future. India ruined it.”
Inevitably, Afaan is binded by “the Kashmir issue”,
he said. Nothing can emancipate him. But just the one
thing: “Resolution of Kashmir issue. When it’ll resolve
I’ll be free. Then only I’ll sit at home, in peace.”
Stuck in courts
On every phone call from the jail, Mr. Raasik wonders
if the family was able to move ahead with his
PSA’s quashment. But then came the coronavirus and
shut the J-K High Court after the government forces’
personnel deployed and multiple employees tested
positive for the virus. The COVID-19 has halted the already
snail paced hearing of Habeas Corpus petitions.
Since 6 August, 2019, more than 600 habeas corpus
petitions have been filed before the J-K High Court at
Srinagar and till 28 June 2020, “not even 1 percent of
such cases have been decided.”
In October 2019, Mr. Raasik’s father, Mr. Nengroo
had to borrow money to board a bus to Allahabad, Uttar
Pradesh, to meet his son in jail. He went alone because
that’s all he could afford. He is yet to repay the debt.
“[Raasik’s] mother cannot come,” he said. “She says
that she won’t be able to see him behind the bars. It
would kill her.” At the jail, Mr. Nengroo said, Mr. Raasik
kept saying: “I’m innocent. I’m innocent.”
Before coming of age, Mr. Nengroo had been working
hard on fields, “dreaming to make my son a big
man.” “They ruined his education. What I had dreamt
for him, all of it is burnt now,” he said. “All is gone.
Now, it is all up to Allah.”
Mr. Nengroo’s will is breaking now. After years of his
son’s imprisonment, he said, that even if he had committed
a mistake worth a penny, he should return home
now. But for Ms. Jan, Mr. Raasik’s sister, a long fight remains
ahead. Where she needs to be strong, she said.
But, sometimes, she steals a few moments to let the
sorrow sink in. She locks herself in the bathroom and
leaves the tap open to cry out loud, in peace. And wait for
her only brother to come back home.
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DIVIDE AND RULE
BJP Played On Myth
Of Regional Disparity To Turn
Jammu Against Kashmir
Aijaz Ashraf Wani
One of the arguments put forth for abrogation of
Jammu and Kashmir’s semi-autonomous status
was that the provisions of Articles 35A and 370
had acted as stumbling blocks in the development
of the erstwhile state. The abrogation was
hailed as the beginning of a new era of development
and better governance.
As the parliament unilaterally abrogated the articles,
home minister Amit Shah had stated in the
upper house: “I want to tell the people of J-K what
damage 370 & 35A did to the state. It’s because of
these sections that democracy was never fully implemented,
corruption increased in the state, that
no development could take place”.
The often used development and underdevelopment
argument is made at two levels: one that
J-K has remained underdeveloped as compared
to other regions of India and secondly, that there
is regional discrimination with the Kashmir region
being more developed than Jammu and
even Ladakh. However the facts and statistics do
not support either the development/under-development
or the regional disparity arguments.
Is Jammu less developed than Kashmir?
“I have worked for my organisation for many
years in Jammu and Kashmir”, Prime Minister
Nagendra Modi had said during the 2014 assembly
election rally in Jammu, the BJP’s stronghold
in J-K. “Whenever I would come to Jammu, I was
told the region has been discriminated against
and deprived of its rightful share in development.
Today, I have realised there is substance
in this feeling”.
Taking it from there, the J-K BJP spokesperson,
Arun Kumar Gupta, had alleged that “as per records
while 70 per cent of the budget is spent in Kashmir
region only 30 per cent is for the other regions of the
state. Same policy is followed with regard to funds
granted by the central government”.
This discourse of regional discrimination is as
old as state’s transition from autocratic rule to
“democratic” politics. While much has been written
about the myth surrounding the state’s poor
development indicators, little has been written
about the myth of regional disparity in development
allocation—alleging that Kashmir received
the lion’s share—was instrumental in manufacturing
consent in the Jammu and Ladakh region’s
for the abrogation of the special status. The hegemonic
politics of Kashmir centric parties only
added fuel to the fire.
While there is no denying the fact that development
has not been equal but this disparity is
more about core and periphery within the Jammu
and Kashmir divisions rather than between
two divisions. Jammu and Ladakh were and are
not only getting their due, but their position is
far better than Kashmir Valley which has suffered
immensely because of conflict.
This is evident from a comparison of funds received
by the two capitals of J-K. At the peak of the
militancy, in 1997-98, Srinagar received Rupees
33.46 crore under the district development fund,
while Jammu got Rupees 49.26 crore. The following
year, Srinagar received Rupees 39.22 crore while
Jammu got 54.50 crore. In 2002-03 Srinagar got
Rupees 46. 57 crore while Jammu got Rupees 61.76
crore. In 2006 Jammu was allocated Rupees 94. 45
crore with an additional 11 crore announced by the
then chief minister, making it 23 crore more than
what Srinagar received. (Source: Nisar Bhat, “Badhal
Kashmir, Khushal Jammu”, Greater Kashmir, 18
June 2006).
The Jammu district is consistently receiving
almost double the funds than Srinagar district.
Also one can see the inter-district variations
with some districts in each division are receiving
more funds than others. Anantnag, Baramulla,
Budgam districts are consistently receiving more
funds than say Kulgam or Pulwama. Similarly in
Jammu districts like Jammu, Kathua , Udhampur
receive much more funding than districts like
Kishtwar, Doda or Reasi. This leads to inter district
imbalances. Overall, the Jammu division has
consistently received larger chunk of funds than
Kashmir, which also included the Ladakh region.
District Play Outlays (in Lakh rupees) for Different
Districts of J&K, 2011-12 to 2018-19
According to the data compiled by the State Finance
Commission Report in 2010, Jammu region
was doing better than Kashmir on most development
indicators. Out of the ten development indexes,
Kashmir was doing better than Jammu on just three
indicators of road connectivity, drinking water access
and economic welfare. However, one needs to look at
the recent data to see if this might have also changed
as post 2014 BJP continued to be in power at the centre
as well as in J-K directly or indirectly.
As per the State Finance Commission Report
of 2010, which studied period from 1980 to 2006,
while the Kashmir region made progress from
0.3481 (index value) in 1980-81 to 0.4349 in 200607,
that is by 24.94 percent, the Jammu region
demonstrated a progress from 0.3039 index value
to 0.4333, a growth of 42.58 percent. As per the report
during the period under study, there has been
considerable improvement in the Jammu region in
the share of development while the improvement
share of Kashmir has declined.
From the eighth central Five Year Plan (199297)
to the tenth plan beginning 2002, the Jammu
region has taken a share of 42.69 per cent of the
total district plan expenditure, the share of the
Kashmir region is 43.49 per cent, indicating that
district plan resource distribution has been equitable,
according to the commission report. The
data compiled by the State Finance Commission
from various sources for the period 1977-78 to
2006-07 with regard to district plan expenditure
shown that while it has mostly remained
balanced for few year expenditure is higher for
Jammu district. It is in this regard that the SFC
report states, “having regard to diversity in the
State, both the state sector/schemes and district
sector funds do not seem to be unequally distributed
between Jammu and Kashmir regions
to the extent that disparity or discrimination can
be claimed and hence the claim of discrimination
meted out to either region in the process of
development does not appear to be valid”. Yes of
course there are sectoral variations.
Since 2002 the number of registered factories
in Jammu were 675 and in Kashmir it was 3044.
The Economic Survey report of 2017 revealed
that the major part of investments by manufacturing
houses under central comprehensive industrial
specific package went to Jammu, Samba
and Kuthua districts.
While there is little truth in development narrative,
the fact remains, as noted by Balraj Puri in one
of his writings in the Economic and Political Weekly,
“there were certain psychological factors that
created anxiety in Jammu about the shift of power
from its base in Jammu to that of Kashmir. Such
anxiety was enhanced due to the advantage that
Kashmir had in the post-accession period ‘its numerical
superiority, internal homogeneity, established
leadership and international importance’. As
it acquired dominant position within the state, it
generated resentment in other regions.
The Jammu based Praja Parishad Party founded
by Balraj Madhok and patronized by the erstwhile
Bhartiya Jana Sangh, the precursor to the
Bharatiya Janata Party (BJP), vehemently opposed
granting any special position to J-K and
demanded its full integration with the Indian
Union. The party commenced its campaign in
1954 with the slogan “ek Vidhan, ek Nishan, ek
Pradhan”—one constitution, one flag, one president.
Although the Praja Parishad agitation petered
out after the removal of Sheikh Abdullah,
the discourse it generated had an enduring impact
on Jammu politics.
Though the demand of abolishing the special
position of Kashmir was largely fulfilled by the
Central government, by hollowing the Article 370
with active support of the installed governments
in Kashmir the Hindu nationalist forces of Jammu
continued their agitational politics against
supposed regional imbalances and Article 370.
The struggle against “Kashmiri domination” received
momentum after the outbreak of militancy
in the Valley.
The BJP continued to push its political agenda
and included the abrogation of Articles 370 and
35A in its election manifestos. Finally on 5 August
2019, it fulfilled its long cherished goal or what
they termed as the “dream of Shyama Prasad
Mukherjee”.
While the political agenda has been achieved,
how much development will happen needs to be
seen. As of now, after the initial euphoria evaporated,
people of Jammu are frequently demanding
protection of land and jobs, while Ladakh observed
completed shutdown on 24 July 2020 to push their
demand for domicile law as well as to express their
anger and apprehension against official policies,
particularly those related to employment.
As is clear from the above facts the argument
that J-K remained underdeveloped and there is
regional discrimination in terms of development
due to special status is far from truth. In any case
“development” as a means to bring about “normalcy”
in Kashmir is not new and has been tried
by successive governments since 1947.
However, in the absence of any genuine political
initiatives and generating public consensus
to address the aspiration of the people this
model has thus far failed to address the political
crisis. But this narrative did help BJP to accomplish
its long-standing political agenda as it generated
support for them not only in rest of India
but more crucially in Jammu and Ladakh. The
ideological and political fault lines were successfully
used to divide the opinion and the development/underdevelopment
and the simultaneous
regional discrimination discourse proved most
suitable narrative.
Aijaz Ashraf Wani is author of “What Happened
to Governance in Kashmir” published by Oxford
University Press, 2019.
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Anis Wani
@_aniswani
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_(ۮmIer|_(ۮmIer{	:בCט   	:ԁu׉׉	 7cassandra://Bvc_71i0velEk6AOFLC5F7_gPFtk9BNAjov2CWyvTb8 `׉	 7cassandra://6bSOVWRVYVbUFiAV59oWj-buDyS6pcRgjxsvHFaWU4k.`׉	 7cassandra://SUSAp5-VqUW0L5VqA7yCOtPmjnuW5RSZnqj9FbQXaM4J1`Z ׉	 7cassandra://72LeZX1LQqLg6Lz1A9JdhnnkSaRO_Y5MQU002m-8ahs 8"͠	a_(ۮmIer׉EA Year After Dissolving State
Commissions, Accountability Is
Even Further From JK Than Before
Rayan Naqash
@Rayan_Naqash
A
fter the abrogation of Jammu and Kashmir’s semi-autonomous status and statehood on 5 August
2019, eight state commissions were dissolved by the Government of India. A year later,
there is little sign that the government intends to re-establish these crucial institutions in the
Union Territory with a population of more than twelve million.
The state commissions had come into being through individual Acts—similar to the central
laws governing these commissions—enacted by the erstwhile state legislature in J-K. These
Acts were repealed under the Jammu and Kashmir Reorganisation Act, 2019 even when,
rights activists point out, they could have been retained as 166 other state laws have been.
The dissolved commissions include the Human Rights Commission (SHRC), the State
Information Commission, the State Women’s Commission, the State Accountability Commission,
the State Vigilance Commission, the Consumer Commission, the Commission for
Persons with Disability, and the Electricity Regulatory Commission.
Nearly a year after the dissolution of these commissions and the transfer of their jurisdictions to the
respective central commissions or administrative departments, activists in J-K say that accountability
has taken a backseat as the process has become more cumbersome for the general public.
Dr. Raja Muzaffar Bhat, a prominent Right to Information (RTI) activist, said that following the
dissolution of the commissions, specifically the State Information and Human Rights Commissions,
seeking accountability from government officials had become an even more difficult process.
He said that a myth that J-K had a weak RTI law was perpetuated by “politicians, so-called
think tanks, and television debaters” when the reality was that as a state J-K had more stringent
rules than the central law. “Yes, the central act was not applicable but we had our own
RTI law passed in 2009,” he pointed out. “It did not have the flaws that the central law has.”
The J-K law had, for instance, specified a time period for the commission to process second-appeals
cases within 60 days or provide, in writing, the reasons for delay beyond 120 days,
said Dr. Bhat. He added that it was because of this that J-K’s “pending cases were among the
lowest” in the country.
However, under the central RTI Act of 2009, Dr. Bhat said, there is no provision for a separate
commission in union territories and J-K cases will now be taken up in the Central Information
Commission. “A resident of border areas who has to make an appeal against the local Tehsildar
or Block Development Officer, now has to file a second appeal in the central commission [in New
Delhi,” he said. “By clubbing us with [central] RTI Act of 2005, we have been disempowered because
we don’t have an independent information commission.”
The J-K Reorganization Act 2019 scrapped several s
Dr. Bhat said that by the virtue of this distance, and the incre
associated with this, the bureaucracy has become more opaqu
a notion in government offices, among bureaucrats that RTI
there is no commission so they are behaving in a different way
a [poor] villager go to Delhi? We don’t have accountability anym
“We have been disempowered in every which way,” he s
everywhere today. Information on expenditure on COVID
voluntarily. Under section 4 of central RTI act 2005 as well
make voluntary disclosure on websites. They are not doing i
Similarly, the J-K State Consumer Disputes Redres
headed by a retired or serving judge—and its district
oversight of a Double Bench of the High Court was also di
mission’s cases were transferred to the administrative de
Civil Supplies and Consumer Affairs.
According to Sami Yaqoob, an advocate who special
cases, there were pros and cons to the dissolution and
central commission’s oversight but the mere fact that the
be heard in New Delhi had increased the financial costs o
plaint by “more than a 100 times”.
With a population of more than 12 million, according
2011 census, not only has the hardships and financial cost
general public seeking accountability from the governan
ensure the processes will be lengthy owing to the huge lo
For many the dissolution of local institutions had left them
woes compounded with the outbreak of COVID-19. Despite
the State Women’s Commission, women victim-survivors a
ue to reach out to Vasundhra Pathak Masoodi, the commi
time of its dissolution, seeking help.
“During the lockdown I was flooded with distress call
different corners of J&K,” Ms. Masoodi said. “It’s really he
I can’t reply to them back that the commission has been clo
Photograph by Sanna Irshad Mattoo.
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reased financial costs
ue. “This has created
I has ended and that
ay,” he said. “How will
more.”
said. “Corruption is
D-19 is not available
ll as JK, they have to
it.”
ssal Commission—
forums under the
dissolved. The comepartment
of Food,
alises in consumer
d the better-staffed
he cases would now
of initiating a comg
to the decade old
ts increased for the
nce system but also
oad of cases.
m helpless and their
te the dissolution of
and lawyers continmission’s
head at the
lls/complaints from
eart wrenching that
osed and those who
are already distressed, being victims of violence lose hope to get justice. [I] try to
provide respite whichever way possible in my individual capacity.”
An order for closing the commission reached her office on 23 October directing
the commission to “hand over the files, documents, and everything
with regards to the working to the administrative department, in our case
it was the Social Welfare Department,” said Ms. Masoodi. The commission,
she said, was dissolved at a time when “some of the cases were just pending
disposal, only on the next date of hearing we were to pass judgements or an
order and in some cases we were just nearing the closure.”
Many of these commissions had remained side-lined and ignored by successive
state governments for years, including the State Women’s Commission. Now,
nearly a year after the Reorganisation Act was unilaterally passed by the parliament
to undo what the Bharatiya Janata Party had called injustices to the erstwhile state,
there seems to be little hope for the public to redress its grievances.
The Reorganisation Act, however, had certain which could have ensured
the continuation of the commission because of the applicability of national
laws from 31 October—the day J-K’s special status under Article 370 ceased
to exist, said Ms. Masoodi, a lawyer by profession.
Simultaneously on 31 October, the President of India signed the Removal of Difficulties
order that gave continuity to all the statutory bodies in J-K, pointed out Ms.
Masoodi. “Meaning thereby it superseded the order of closure by the [UT administration],”
she said. “Because the order was signed by the President of India. It goes
without saying that it has an overriding effect on it [closure order].”
Section 17 of the order states that: “Any authority constituted under any
law in the existing State of Jammu and Kashmir immediately in force before
the appointed day shall be deemed to have been constituted under the
corresponding provisions of the Central laws applicable to the Union Territory
of Jammu and Kashmir and the Union Territory of Ladakh, until a new
authority is constituted under the law applicable to the Union Territory of
Jammu and Kashmir or the Union Territory of Ladakh, as the case may be,
and any proceedings initiated or action taken by such authority, shall for all
purposes be deemed to be valid and operative.”
Following the order, Ms Masoodi said that “hopes were amplified that the
commission will be back soon and people will not have to suffer” but still,
the J-K administration has to follow certain procedures to reconstitute the
Commission.
However, for unspecified reasons the administration in J-K decided not to
go ahead with re-establishing the dissolved commissions. Further, in May
2020, the administration also wound up the State Vigilance Commission.
Ms. Masoodi said that other union territories had made their own enactments
to establish local commissions. “You cannot ensure the applicability
of the National Commission for Women Act of India if the local level
dispensation is not there,” she said, pointing out that the union territory of
Puducherry, the only other union territory in India with an elected legislature,
and Lakshadweep with a population of 50,000 had their own Women’s
Commissions. “It is not because the NCW Act is applicable in JK that we do
not need a body, it is a poor interpretation of it [the law]. Rather, the NCW
act can only be made applicable in J&K if there is a local mechanism like the
one we had”
Recently, Ms. Masoodi said that she had approached the district administration
in Srinagar after coming across news reports on the plight of a
bed ridden girl abandoned in a Srinagar hospital. “I was flabbergasted with
the response from certain quarters including some NGOs that I expected
help from,” she said, adding that officials of the administration had later
responded. “Once you are in chair you have the authority to give and get
your orders implemented. Once you are not there, people [officials] don’t
feel responsible enough to revert even if it is for a mere social cause. This
is precisely why the gulf has been created between the public and the administration.”
“We
don’t need to invoke Newton’s law to understand what is going on in
Kashmir,” said Ms. Masoodi. “It is a gulf between the system and the people
which is the basic bone of contention and has blown out haywire.”
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One Year Of Abrogation: Look
Back At The Top Policy Decisions
TKW Staff
cus on Class IV and Class III vacancies, since April
2020.
O
n 5 August 2019, the Government of India
broke down the erstwhile state of Jammu
and Kashmir ( J-K) into two federally-governed
territories—J-K (with legislature) and Ladakh
(without legislature).
It put the divided regions under the direct control
of the Lieutenant Government (LG). However,
the erstwhile state was already administered by
the Central government-appointed governor since
the Bharatiya Janata Party (BJP) pulled out from the
coalition government with People’s Democratic
Party in the assembly in June 2018.
In the past year, the LG-governed administration
has taken several policy-related decisions in
J-K. Here is a brief look at them:
The J-K Reorganization Act 2019 made all
the central laws applicable in the region, which
was earlier governed by a separate constitution
conferred under article 370 of the constitution.
Though, a few state laws, which were retained,
were also modified.
One of the major policy changes undertaken by
the administration was issuance of domicile certificates
after the region’s special status was revoked.
Now, the domicile is defined as an individual who
has resided in J-K for a period of fifteen years or
have studied for a period of seven years and appeared
in tenth or twelfth examination in a registered
educational institute in J-K. The definition
also includes children of central government or
central government aided organizations, Public
Sector Undertaking (PSU) who have served in J-K
for a period of ten years.
The government claimed that this will benefit
discriminated categories like West Pakistan Refugees,
Gurkhas, Safai Karamcharies, and women
native to J-K that married outside.
Since last August, anti-corruption bureau (ACB)
has also taken large scale, big ticket actions, including
the arrests of a Former Managing Director
(MD) Small Scale Industries Development Corporation
Limited (SICOP) Bhupinder Singh Dua in a
disproportionate assets case and the former Chief
Agriculture Officer (CAO) and Agriculture Extension
Officer (AEO) Budgam for alleged misappropriation
in government funds.
In a major recruitment drive post 31 October
2019, when the region officially started functioning
as a federally-governed territory, the administration
began the selection of candidates for over
10,000 posts at various levels, with a particular foIn
another major decision, the administration
approved several amendments in the Jammu and
Kashmir Reservation Rules, 2005, wherein Pahari
Speaking people (PSP) were included in the category
of socially and educationally backward classes
and increased the income ceiling of backward
classes from 4.5 to 8 lakh rupees.
Kashmir’s Saffron was also awarded the
long-awaited Geographic Indication (GI) tag that,
LG Girish Chandra Murmu said, would also put it on
the world map with authentication. In addition, the
GI would help the saffron grown in Kashmiri saffron
gain more reputation in the export market, thus
helping the farmer earn better income.
The government claimed the move was to rationalize
the existing reservation policy and give
representation to the Pahari community. The decision
will impact about 9.6 lakh people of the Pahari
community across J-K.
The Central government has long claimed that
it has empowered the grassroot democratic politics—Panchayati
Raj system. In a number of policy
changes, the government placed a grievance box
in every Panchayat and institutionalized a regular
system of interaction of district officers with Panchayat
representatives. The administration also
developed funds, functions and functionaries for
the panchayats.
Elected representatives were given honorarium
and formal position in the Warrant of Precedence by
the government as well as organised another Back to
Village (B2V) programme, where every Gazetted officer
spent two days and a night in the allotted Panchayat.
The government claimed that 20,000 development
works identified directly by the people.
On 31 December 2019, the administration also
abolished Lakhanpur toll after “interact[ing] with
various stakeholders and to suggest measures to
improve the competitiveness of the local industry.”
However, it was met with protests by industrialists
termed the withdrawal of toll tax as a “Black Death
Warrant for J-K Industrial Sector”.
The administration also moved the process of
land registration in J-K from the courts to executives
as it appointed seventy-seven sub-registrars
and formed e-stamping rules.
With a focus on improved service and stable revenues,
the Jammu and Kashmir Power Distribution
Department was unbundled and five new corporations
were set up.
The administration also claimed to have extended
the Ayushman Bharat Pradhan Mantri Jan Arogya
Yojana to the entire population. Under this scheme,
which is a part of the Central government’s National
Health Policy, free health coverage is provided at the
secondary and tertiary level to its bottom 40 per cent
poor and vulnerable population.
Amid the clampdown after August 2019, the administration
introduced a Market Intervention Scheme for
the apple growers across Kashmir Valley. It claimed that
the scheme helped stabilize the market.
In an attempt to reach out to the people on ground,
thirty-six Union Ministers visited twelve districts in
J-K in a week and held a hundred public meetings
as 210 public projects were inaugurated. In a coordinated
plan, the administration also integrated J-K
Grievance Website with Centralized Public Grievance
Redress and Monitoring System (CPGRAMS) to make
it more specially-abled people friendly.
Another developmental project, which had become
a laughing stock -- Rambagh flyover in
Srinagar, was finally inaugurated and opened for
traffic. Another project to ensure better connectivity,
the work on Jammu-Akhnoor road, Chenani-Sudhmahadev
road started and accelerated.
Under the administration, nearly 25 per cent of
Jammu Ring Road was also completed.
The administration also finalized the Light Rail
Transit System (Metro) for Jammu and Srinagar
as Detailed Project Report (DPR) prepared for Rs.
10,599 crores.
To finish multiple projects that were languishing
for about a decade, the administration set up
J-K Infrastructure Development Finance Corporation
(JKIDFC) and sanctioned 2,273 projects worth
5,979 crore rupees. Out of them, the administration
claimed that it has completed 506 projects, while 963
projects are scheduled for completion by March 2021.
In a push to the hydro projects in J-K, work
started on contracts of 1,000 MegaWatt (MW) Pakal
Dul Project and 624 MW Kiru Project. Also, to
push the transmission and distribution works in
the power sector, the administration took over 213
packages for execution; out of it, 128 already have
been completed.
The administration also claimed that it completed
the Jhelum Flood Mitigation Project (Phase-I), which
increased the river’s capacity by 10,000 cusecs.
To strengthen the education sector in J-K, the administration
also sanctioned seven new medical colleges,
which added 1,400 more medical and paramedical
seats combined. It also approved five new nursing
colleges and a State Cancer Institute. In the meantime,
fifty new degree colleges were also started.
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