India is widely known all over the world for its immense diversity of culture, dress, food and language. While most of the time we appreciate and feel proud to address our country by its diversity but few times we be trapped into our diversity. Jammu and Kashmir, paradise of earth, is among one of those. A fair enough but even disputed land with immense trauma of people which in turns affect the rest of the Indians. On one hand there are chants/struggle/attacks for referendum for independence and on the other hand there is logic/emotions/constitutions/aggression to prohibit this.
Therefore, let’s analyze the one part of the situation (!!Analyzing whole part of such a large issues is merely impossible!!), i.e. the restriction of government to sanction referendum and in turn independence.
Many a times, when a Non-Kashmiri talks of Kashmir he is mainly driven by the emotions, and sometimes ego. Those talks may seem fascinating and patriotic but when we discuss on a sensitive issues, where life of 120 crore people is at stake, we ought to be highly analytical and judgmental. Hence, let’s rise above those emotions and analyze what is the backbone for not allowing a referendum for independent Kashmir.
To understand the issue of Kashmir, voyaging through its history is highly important. At the times of partition of India, when all the princely states were given choice to either join Union of India, Dominion of Pakistan or remain independent, ruler of J&K Maharaja Hari Singh preferred to remain independent and had desire to form a province like Switzerland. Then, tribal Mehsuds and Afridis from NW Frontier Provinceinvaded Kashmir (!!NW Frontier Province is nowKhybarPakhtunkhwa, one of the four provinces of Pakistan; hence, better to say Pakistan invaded!!). Maharaja turned to Pakistan first, for the arm support but after they refused arms support, he had no option but to look for the support from India. (!!UN resolution 47 clearly ordered Pakistan to withdraw tribals and nationals who entered region for purpose of fighting!!). It was Lord Mountbatten, the then Governor-General of India who advised Maharaja to accede to India, before sending the troops (!!Hence, practically Indian politician had no major role for J&K to accede to India. Nehru had even agreed to send troops without any agreement!!). Maharaja had no option and hence signed Instrument of Accession on 26 October 1947 and joined Union of India. (!!Md. Abdulla, grandfather of Omar Abdulla had also few key roles in persuading this argument!!). Therefore history shows Kashmir, alike all the other 28 states, is a states under union of India and need to abide by all the rules and regulations of Union of India.
Union of states, this is the word that constitution of India refers to denote our country. According to Article1 of the Indian Constitution, India is called Union of States, not Federation of states like USA, UK and various other countries and this has a vast meaning within itself. First it suggests the name and then type of polity, which has the two basic features. India is not the result of agreement among the states like USA (!!Few states grouped together to form USA!!), and second, state has no right to secede from India. In USA or UK a state can pull itself out from the federation through referendum, but in India no states can.(!!Referendum in Scotland is the recent example. Instead of 44% if it would have got more than 50%, then we would have got a new Scotland totally out of UK!!). Therefore, it the first article of Indian Constitution that totally condemns the demand of referendum for independent Kashmir. Demand of referendum for independent Kashmir is totally unconstitutional, which is strenuous to happen, and I firmly believe that even Kashmiri will also agree that rarely anything unconstitutional happens in this largest democracy.
The separatist leaders like Geelani may be spur by Scotland’s referendum and demand the same for Kashmir but it has no constitutional authenticity and hence can’t be authorized.
Basically the reason for independent Kashmir comes with the unsubstantial views of few people (!!Induced by terrorists, militants and few Pakistani leaders and agency. Benazir, Bilawar, ISI, Imran Khan are the few examples among many!!). These people justify their stand by blaming the patriotic soldiers of torturing and national security concern acts as persecution. (!!AFSPA is an example!!).
But the fact of the matter is, defense force and these acts are the real reason for the safety of the Kashmir and its people. If we take into account of only a single year i.e. 2014, there have been 347 incidents of cease-fire violations by Pakistan (!!Highest since 2003!!),resulting in death of 25 people including 5 jawans, 150 were injured and a huge loss of properties. The data also reveals the displacement of 32000 border people because of heavy firing and shelling by Pakistan troops.
Now here comes the role of Indian defense to bounce back to Pakistani troops to save civilians without caring of their own life. It is believed that CFV is used as the weapon to cover up the infiltration. Hence if these 40,000 defense personals won’t be deputed it would literally be impossible to stop insurgency and save life of civilians. It is those few Acts, which empowers the military to have a proper surveillance and hence protect the country. If these acts are repealed, it would be Kashmiris who will suffer first and the most.
Although, it’s a bit strict but it’s the demand of the situation not the choice of the government. It is the duty of every country to protect and fund its provinces but in lieu of that, the country only demands the safety of its citizen. And suppose J&K is given an independent province status then what about the help, schemes, funding &investment it has been spending since 1947. Moreover, the states are already being given a lot of freedom through article 370 (!!Which is altogether a different topic to discuss upon. Hence, I ought not to mingle that debate here!!).J&K has already a special state status with enormous amount of funding and schemes formulated to improve conditions of people. (!!Few are specially targeted to large number of youths, who since unemployed and are easily misguided to support militants!!).
It was Dr. B.R. Ambedkar also, who pointed out in a statement over the control of J&K by central government in 1950s, when the demand for enactment of article 370 was at its peak. Dr. Ambedkar said, “You wish we should build roads, provide food grains and new technology but then you tell us to have minimum control on the system, what type of democracy will it be.” India being a quasi-federal nation the more power needs to be in the hands of central government, which lags in the case of J&K. There are more than 15 centrally sponsored schemes and investment of more than 500crores (SRE schemes mainly focuses on peace and tranquility of state, investing 7000 crores since 1989!!), and this has been continuing since states inception. Hence it would totally be unfair to suddenly apart a child from her mother, who gave her utmost resource, care and safety.
We observed from constitutional, diplomatic, administrative and safety point of view and everywhere the point that emerges are in the favor of current system of administration and currently enacted acts. Hence, its really out of the hand of government to allow referendum at Kashmir, but the other point to ponder upon is deep causes, apart from its history, for the demand of independence. Therefore, it’s the responsibility of people on one hand, to understand the situation, be at per with the government and abide by constitution, and government on the other hand, to dig deeper into the reason for their and resolve the matter as diplomatically as possible.
