Vote against status quo

Indian State made promises relating to resolution of Kashmir dispute in fifties and sixties through declarations in United Nations regarding fulfillment of right to self determination of Kashmiri people. The successive governments didn’t keep the promise. India agreed to a bilateral solution through Shimla agreement but never resorted to a serious discussion with Pakistan. It promised sky as limit when its authority and writ over Kashmir faced armed insurgency in early nineties the promise never kept. This attitude of the Indian state has made everyone who deals with it skeptical about intentions. 
Most of the times Indian state provided various pretexts to evade a meaningful discussion on kashmir. These include absence of a vision document, lack of representative character of those seeking discussion and continuity of armed insurgency.
Despite non-participation of Hurriyat, lesser voter turn out within cities and towns, excessive militarization and restrictions on media even if recent elections to the state assembly are presumed to be genuine these in no way constitute an endorsement of status quo. No one asked voters to vote for legitimization of Kashmir’s accession to India. The votes were sought on the basis of development roads, employment and other issues. Voters too responded with same issues when asked reasons for voting. National Conference, Peoples Democratic Party and even Congress mentioned during their campaign that the elections have nothing to do with endorsement of accession. It was probably this understanding within insurgent camp that made them to resist disruption of electoral process. It was this perception that contributed to their indifference towards elections. Farooq Abdullah acknowledged it soon after first round of voting and also towards the end of elections. 
Apart from these issues however, every participant in the elections promised facilitation of resolution of Kashmir problem. National Conference referred to its autonomy document, Peoples Democratic Party came up with its vision document. Both these documents provided for redefining of relations between Jammu and Kashmir and the Indian state. National Conference demanded restoration of pre 1953 status and People Democratic Party almost same position along with dual currency and freedom of movement between Indian and Pakistan Administered Kashmir. It is obvious that despite having nothing to do with resolution of Kashmir problem recent elections had to do a lot with redefining of relations between India and Kashmir. Those who voted expect from the parties concerned to demonstrate their seriousness about their documents and vision statements. Apart from developmental issues it will be achievement on this account that will determine response of the people towards present dispensation. During its previous tenure National Conference promised the autonomy. On account of failing to achieve it lost the subsequent election. This time too it failed to motivate voters in most of the constituencies because of its failure to deliver on the issues of autonomy. Though the party could not be expected to get autonomy restored on its own, its weakness and submissive attitude before uncompromising rulers of Delhi devastated its fortunes. The party enjoying largest following within rural folk remains confined to towns and cities that too because of success of boycott call within these areas. 
Whenever separatists secured a negotiated settlement of Kashmir Indian Government questioned their representative character. Peoples Democratic Party and National Conference have established this representative character through elections conducted by the Election Commission of India. If the elections remained fair and the ones who got elected are perceived to be representatives of people it is a test for Indian state to respond to their documents of self rule and autonomy. Absence of any sort of vision document also no more remains a pretext of denial to negotiate. The situation also creates a testing time for the parties that have won. National Conference and Peoples Democratic Party along with others have more than 2/3rd majority that is required for any sort of resolution for autonomy or self rule. Challenge for them is to prove that they stand by their documents and don’t use them as mere instruments of motivation for voters. 
Statement of Farooq Abdullah that his party is going to work for facilitation of a dialogue with separatists is not a proper response to this challenge. People want Farooq Abdullah and his party to achieve what they have promised and take a stand on it. Onus of securing support of others sharing same type of views lies upon the National Conference. Let you initiate a dialogue, take a stand on your autonomy document and be ready to take cudgels on it. Leadership demands taking stand not shying away from responsibilities. By facilitating a dialogue you assume position of a middle man. You contribute to status quo by taming rebellious segments of society and become an instrument of occupation for maintenance of status quo people have not voted you for that. 
You have a document of autonomy and your performance will be judged by the level of your achievement in context of this document. Same holds true about Peoples Democratic Party. Whatever vote it has got has an element of expectation of facilitation of self-rule by it. Its achievement will also be assessed on the basis of its capability to realize and actualize the document relating to self-rule. 
The Central Government on its part will try to use the state assembly as an instrument of occupation as it has used it in past. The global scenario and the fluid situation in the sub-continent and the state demands immediate response to expectations. Any deviational tactics is not going to work. Kashmir cannot remain hostage to impotence of decision making process of Indian state nor to the compulsion of its electoral politics. Main plank of argument on the part of Indian state has been a slow and evolutionary approach. The documents provided by National Conference and Peoples Democratic Party fit within this paradigm. There should be no pretext to evade a deliberation on these. Restoration of autonomy or self rule will not constitute a solution to Kashmir problem but can be a prelude to the same. It will surely reflect seriousness of Indian state to respond to the Kashmir problem with a political dispensation. Separatists and Pakistan too may be motivated to negotiate their own agenda once sincerity of the Indian state as a serious negotiating partner is established. 
Past experience however belies this expectation. Indians used every Prime Minister and Chief Minister of the state to strengthen occupation once he outlived his utility he was thrown away. This happened with Sheikh Abdullah and Farooq Abdullah in spite of their collaboration in facilitation of occupation. This remained the fate of Bakhshi Ghulam Muhammad, Mir Qasim and G M Sadiq despite their contributions on developmental front. Mufti has been the latest casualty of Indian mechanizations. Omar Abdullah too is destined to face the same fate if one goes by the experience of his predecessors. He is new enjoys a period of grace and expectations it is to be seen whether he avails it to the advantage of his party, his person, his nation or becomes another tissue paper in the hands of occupation. The tissue papers have no use besides being dumped by the occupying administration as soon as it serves their purpose. 

MILIBAND AND KASHMIR

The events of 9/11 are important in the modern history. These events symbolized revival of gunboat diplomacy of cold war era. The difference related only in context of nature of the warfare. Previously it was pursued openly in the name of war against communism this time it is being done in a different pretext. Russia and China are re-emerging from the chaos in which they plunged while transforming from socialist economy to free market economy. Re-emergence of Russia and China is sought to be targeted indirectly. Different pretexts are used in different regions. NATO extended its membership to Eastern European Countries. Dismemberment of Yugoslavia was pursued with same intentions. Americans wanted to encircle its potential enemies while projecting terrorism as its target. The way Eastern Europe was brought under the umbrella of NATO same way Central Asia is also sought to be integrated with ‘free world’ of yester years. The reason for this expansion is to keep Russia away from Middle East and the Indo-Pak subcontinent. Whatever activity and deployment is taking place in Afghanistan and its vicinities is simply revival of Anglo-Russian rivalry of 19th century. While 9/11 provided a pretext for deployment of American troops within Afghanistan war on terror provides a justification for inflating their numbers and enhancement of their presence. After getting mauled and mutilated in Iraq, Americans have realized impossibility of their success without active and all out support of Pakistan. Pakistan on its part realizes weakness of NATO and its excessive logistic dependence upon it. 
Safe perusal of American strategic objectives within Central Asia is impossible without active Pakistani involvement on two accounts. First Pakistani soil is needed for transportation of supplies to NATO forces in Afghan. Secondly Pakistani territory is indispensable for creating viable communication system from Central Asia to Arabian Sea. It is because of this realization of its indispensability that Pakistan has put a price for its cooperation with US in Afghanistan and Central Asia. The price tag is resolution of Kashmir problem. For quite some time, Pakistan did not convey it directly but elaborated it in terms of American strategic interests. For smooth transition of American logistics to Afghanistan the tribal areas of Pakistan are vital. Given the fact that these areas remain volatile on account of tribal culture and excessive presence of small arms the areas don’t remain safe without the presence of Pakistan army. Pakistan on its part pleads that it can’t deploy sufficient forces within these areas on account of presence of Indian army on its eastern borders. For having respite on eastern borders it pleads for resolution of Kashmir problem. The democratic party of United States seems to have developed receptiveness to the Pakistani point of view. It is because of this receptiveness that Obama and other democrats and their new administration have emphasized on resolution of Kashmir for the sake of peace in Afghanistan. 
Miliband’s recent write up provides elaboration of the new Anglo-American understanding of the sub-continental polarization. Apart from this Miliband’s writings also reflect the realization of the mistakes committed by the Bush administration during its tenure. The war on terror was infested with an error of generalization. It treated every Muslim insurgency as manifestation of Osama bin Ladin’s Al-Qaida and responded to it on the same lines. Miliband in his article accepts this error of generalization and highlights the fact that all insurgencies within Muslim lands are because of local causes. These causes need to be addressed in order to overcome the insurgencies and block their transformation into breeding grounds for radicalization of Muslim youth. He has identified some of these local causes as occupation of Kashmir and Palestine. Miliband’s write up thus reflects transformation of Western understanding of Muslim issues. During Bush era Muslim world was perceived to be a monolith and sought to be dealt uniformly. Now Muslim world is understood in regional contexts and varying approach is contemplated to tackle it. Accepting writings of Milliband as reflection of policies of British foreign office is an indicator of the new approach.
After being taken by surprise by the level of dissent and alienation in Kashmir Indian state tried to deflect global attention from Kashmir through so called elections. It expected that this drama will work same way as it did in sixties. From Miliband’s write-ups it has become obvious that Indian efforts have not worked. The impact of demonstrations in Kashmir has not been erased and Kashmir continues to be in focus of the world community. This achievement has been facilitated by agitation during Amarnath controversy. Instead of treating it as an accomplishment some leaders and segments of civil society are opting a negative approach and creating hopelessness among masses. The leaders seem to be desperate for loosing chance of getting elected to legislature whereas confusion of some pseudo activists animates out of their passive collaborative attitude with the occupation. Instead of looking at the situation positively some seem to have been overtaken by the propaganda of Indian agencies. Negative portrayal on the part of some women political activists has little to do with realistic assessment of the situation. It might be reflection of individual frustration on account of indifference of Hurriyat towards the detained activists.
The leadership too is not coming up to expectation of masses by formulating a viable strategy to build up upon its achievements. Instead of formulating a programme of its own it seems to be waiting for some initiative on the part of adversaries so that it gets a pretext to react. It gives posture of a reactionary force waiting from one election to another election to initiate a boycott campaign. At times it gets ready for an agitation in response to an act committed by Hindu communalists elsewhere. Instead of degenerating into a desperate lot the leadership needs to shun its dormant behaviour and come up with a programme to capitalize on the mobilization of our society and the world at large. It is not Kashmiri leadership rather Indian state which should be worried and frustrated. Indian state finds no takers of its electoral stance. It has failed to sell elections as a solution to Kashmir problem. The world in spite of our failure to project a unified posture continues to be receptive to Kashmiri point of view. Indifference and hopelessness are not the attitudes which are relevant at this juncture. Those who fail to come out of this stalemate will do it at their own cost. Neither Kashmir nor the world is going to wait for them. Their inaction and undue desperation will only invoke one judgment from history i.e. 




woh nadan gir gaye sajde mein jab waqte qayam aaya
Or
zamana bade goar se sun raha tha, 
hum hi so gaye dastaan kehte kehte.

SHEIKH ABDULLAH

An angry youth who was denied opportunity of becoming a lecturer wanted to take revenge from the despot who ruled the princely state, Jammu and Kashmir. His classmate, a Kashmiri pandit did enjoy this privilege. His courage and charisma led his oppressed nation to see a ray of hope in him and elevated him to the level of leadership during the events that followed, the massacre of 13 July, 1931. He was patronized by the religious leadership of his times and provided platforms within mosques and shrines of Srinagar. Once the society got mobilized and started to rally behind him, Kashmiri Muslims established their first ever political party, the Muslim Conference and started a sustained movement against Maharaja Hari Singh. Some Kashmiri Brahmans getting scared about their future got inclined towards joining the bandwagon of political mobilization. It was a similar step as was taken by Brahmans of U.P. when they voted for Mayawati in recent elections to the state assembly. Pandit Prem Nath Bazaz motivated him to transform the Muslim Conference into National Conference in order to enable them to join it. The struggle which previously concentrated on economic emancipation of a community was hijacked by the beneficiaries of status quo. It got closer to Indian National Congress. Sheikh Abdullah and Prem Nath Bazaz parted ways and Moulana Mohd Syed Masoodi became the sole ideologue of National Conference. He was follower of Moulana Hussain Ahmad Madni and Moulana Azad. The only Kashmiri who was Indian nationalist by conviction motivated Sheikh to orient National Conference as a local extension of Indian National Congress. Sheikh Abdullah launched Quit Kashmir Movement on the pattern of Quit India slogan of Indian National Congress. Some people within the valley got swayed by his new postures whereas Muslims in other parts of the state remained attached to the Muslim Conference. While he and his party were harvesting repercussions of his Quit Kashmir Movement, subcontinent got divided on the lines of religion. Muslim majority areas became Pakistan whereas Hindu dominated areas remained within India. Sheikh Abdullah was not ready for this eventuality. He motivated the reluctant local ruler, Maharaja Hari Singh to accede to India. As a result of this decision, Indian army landed in Kashmir. Within a day of its landing, Sheikh Sahib could feel fallacy of his decision when the army resorted to indiscriminate killing of Kashmiris around Rambagh bridge. Sheikh repented for his mistake, tried to rethink, but it was too late. He was sacked from ‘Prime Ministership’ and put behind the bars for his alleged involvement in a conspiracy against Indian occupation of Kashmir. The ‘Prime Minister’ of Kashmir was detained by an SHO, tried for conspiracies and released for brief intervals in 1957 and 1964. His long ordeal with jails ended in 1967. During whole of this period he patronized Jammu and Kashmir Plebiscite Front and boycotted all elections. Creation of Bangladesh in 1971 reinvigorated a nationalist within Sheikh Abdullah. He proceeded for a compromise with New Delhi, overlooking his dethronement, imprisonment and sacrifices offered by thousands of Kashmiris. He proceeded for a compromise with Indira Gandhi, although it was she and her father who had betrayed him and Kashmiris as a nation. Sheikh Abdullah became chief minister of Kashmir and died as cheap minister in 1982.
Frequent U-turns and somersaults reflected a wavering and divided personality of Sheikh Abdullah. He was a Muslim when he joined Muslim Conference, became a nationalist when he transformed it into National Conference. He acceded to India on account of his secularist bent of mind. He resorted to land reforms on account of his socialist leanings. On seeing the reality of Indian secularism, he got allergic towards it and resorted to patronization of secessionist movement in the name of Mahaz-e-Rai Shumari (1955 to 1975). He never abandoned using of Quranic recitation at religious shrines for promoting his secularist agenda. His divided personality led to division of Kashmir. Kashmir continues to be divided and bleeding on account of his mistakes and misadventures. He on occasions donned the mental of a socialist, a communist, a nationalist, a separatist, a secularist, leading the present generation of Kashmir to perceive him as a simple opportunist, who never stood for anything nor delivered anything to his nation, apart from land reforms. The scenario in which Kashmiri finds himself at this juncture is that he continues to be divided between different entities, liked and hated at the same time. Kashmiri is perceived to be indispensable and humiliated at the same time. This is nothing but reflection of the mess within which Sheikh landed his nation. He is the most hated personality of present generation of Kashmiris. The hate and anger at times inflated to such a degree that his grave had to be secured by paramilitary forces.
Sheikh Sahib fought against despotism, but ruled Kashmir like a despot. It was he during whose tenure election was held only for two seats of constituent assembly, whereas seventy three out of seventy five members were declared elected uncontested. He made it a point to banish every individual whom he perceived to be opposed to his views. Scores of intellectuals, which included Mirwaiz Mohd Yousuf Shah, Choudhary Ghulam Abbas, K.H. Khurshid, Mohd Yousuf Buch, Abdul Salam Itoo, Prem Nath Bazaz and Jagar Nath Sathoo were banished and imprisoned by him for their simple fault of opposing his decision to accede to India. He was ruthless towards his opponents. His ruthlessness continued even during his tenure as chief minister from 1975 onwards. He anticipated to get elected uncontested in after his compromise when Jamaat-e-Islami made Ashraf Sehrai to contest against him, he retaliated by facilitating extension of emergency imposed by Indira Gandhi to Jammu and Kashmir. He banned 600 schools of Jamaat-e-Islami, played with the carrier of ten thousand students, studying within these. Taking advantage of hanging of Z.A. Bhutto, it was during Sheikh’s tenure that properties worth crores were devastated by NC Cadres. Ruthlessness of Sheikh Abdullah made people non expressive before him. In 1953 prior to his dethronement he enjoyed support of all the 75 members of the Constituent Assembly. Soon after his dethronement all of them switched their loyalties towards Bakshi Ghulam Mohammad, who succeeded Sheikh Abdullah as prime minister. The way he was betrayed, same way he too betrayed his lifelong friend and colleague, Mirza Afzal Beigh. In order to pave way for his progeny, he parted ways with him and facilitated ascendance of Farooq Abdullah to power. By creating a family rule, Sheikh depicted his dual personality again. He fought the dynastic rule of maharaja but sought to create his own dynasty through appointment of Farooq Abdullah as president of National Conference. It is unfortunate that in spite of continuing upheavals, NC continues to adhere to its beaten track, little realizing that double talk, indifference to people’s aspirations can lead it to anywhere except the same situation that it faced in early nineties, when its leaders found little space within Kashmir and its workers were scared of their lives.

Revolution and the Counter Revolution

Social stratification and deprivation make India a fit case for a communist revolution. Inspite of these factors, communism has failed to dominate India. Communist parties initiated their struggle and deprived sections of Indian society identified themselves with this movement. After some time, members of upper cast Brahman community and other feudal classes joined the communist movement. Their penetration transformed the communist parties from revolutionary organizations into defenders of the status quo. Right from Quit India Movement status quo has been justified as the only option available in a situation where options are limited and one has to choose between two evils. While opposing Quit India Movement, British imperialism was portrayed as lesser evil as compared to fascist Nazism. Nowadays, support for the viceroy of World Bank and architect of capitalist model of liberalization in India, Mr. Manmohan Singh is perceived to be an expediency in order to block ascendance of Bhartia Janta Party (BJP) to power. The transformation of communist movement was result of infiltration of Brahmans and other feudal classes within it. The biases of these classes infested the communist movement to the extent that twenty five percent Muslim population of West Bengal could not elevate its representation in state services beyond four percent during thirty (30) years of communist rule, according to the recent Sachar Committee Report. Communist youth got alienated from the mainstream communist parties initiated naxalite movement. Even this movement was sabotaged by the communist parties which facilitated annihilation of its cadres. What happened with communist parties in India is invariably fate of revolutionary movements everywhere. Those segments of society which are beneficiaries and instruments of status quo in first instance ridicule these movements. If a revolutionary movement persists, force is used to crush it. In case the force fails and the movement proves to be resilient, infiltration within the movement and hijacking of its slogans is the ultimate strategy for its subversion. 
Kashmir is experiencing a similar situation at this juncture. Kashmiris revived their freedom movement after being betrayed by their leadership. The revival was projected to be a quest for an utopia by the leadership of National Conference, Congress and Peoples Democratic Party. People too were lukewarm in the inception on account of previous experiences and fragility of outside supporters. Determination of those who revived the movement transformed the situation. The invincibility of super powers was exposed in Afghanistan. Weakness of the occupation became obvious in Punjab. Kashmiris shed their docility, transformed an insignificant voice into a full blown revolutionary movement in Nineties. Those who betrayed them and planned to return within months as soon as the bubble of freedom bursts continue to wait for decades for resumption of normalcy. Brute force was used to suppress the aspirations. Use of force proved to be counterproductive and indifferent segments of society joined the struggle for emancipation. The movement survived even somersaults and U turn of some of its leaders. The docile race proved to be more resilient than the martial race of Punjabis. Determination of the people betrayed even the expectations of benefactors. Transformation of Pakistan from supporter of an aspiration to facilitator of Status quo didn’t diffuse the wish for emancipation. Kashmiris endorsed the hard-line despite indifference and negative attitude of Pakistani mass media. The only way left out for those who wished to perpetuate the status quo was to identify themselves with the movement, hijack its slogans and infiltrate its ranks. This is what is being put into practice nowadays.
 Those who facilitated occupation of Kashmir talk about resolution of Kashmir problem. Mufti Mohammad Sayeed, who was the home minister of India, when a rein of terror and tyranny was let loose upon Kashmiris talks about demilitarization. Although it was Mufti who presided over deployment of troops on every inch of Kashmiri soil. Omer Abdullah, whose ancestors were architects of accession and who has been defending Indian position on Kashmir at international forums, demands inclusion of Hizbul Mujahideen within negotiation process. The attitude of agents and instrument of status quo is not strange. Its response on the part of profreedom elements is surprising. Shabir Shah welcomes Mufti Sayeed and asks him to join the freedom movement, knowing well that his induction into movement will do nothing good to the freedom struggle apart from its subversion. Equally surprising is the welcome statement of Hizbul Mujahideen to the postures of Omer Abdullah. Whether these statements come out of transformation of heart and mind or represent a tactical move on the part of forces of occupation had to be ascertained before utterance of words of appreciation. Background of a group has to be kept in consideration while responding to its postures. Positive response to tactical postures can lead to rehabilitation of outcasts and help them to subvert the freedom movement. Even if positive postures towards the ongoing movement are out of sincerity, they should not lead us to make those with tainted past as leaders and architects of our destiny. Kashmir history was victim of similar mistakes when leaders of freedom movement in 1932 overwhelmed by support of Prem Nath Bazaz in Glancy Commission elevated him to the status of architect of the movement and transformed Muslim Conference into National Conference on his advice. It was this mistake of Kashmiri leadership for which Kashmir had to pay for decades. Inspite of his sincerity the act of Prem Nath Bazaz led to subversion of the movement for which he too repented later on. Words of sympathy and reflection of freedom struggle in a positive way deserves to be appreciated but this appreciation should not land us in a situation where we gift away our leadership and shawls of freedom in lieu of these words. Some lesson also needs to be learned from the attitude of our adversaries. Our moderates in spite of abandonment demand for self-determination are unable to secure even an appointment from the Indian Prime Minister. President Bush on the other hand remains ready for new list of demands from ever-appeasing General Musharraf.
These words may sound to be skeptical but history has pushed Kashmiris to skepticism. It is this skepticism of Kashmiris towards peace process that is keeping their aspiration alive and their issue in focus of international attention. It is this skepticism that is becoming a barrier in the way of those who are bent upon selling sacrifices of 100,000 martyrs for petty personal gains. History too leads us to similar cautious approach. After all we are the ones who have seen the movement being betrayed by its pioneers and hijacked by its adversaries. Muslim history too leads us towards similar approach. We have seen the Ummayds who opposed ascendance of Islam, on their conversion revived the tribal feuds which Islam had come to eradicate, transformed the Khilafat into monarchy and presided over annihilation of family of our beloved Prophet (SAW) in the battlefields of Kabala.

WAZWAN

It is season of marriages in Kashmir. The way marriage season influences our traits of consumption and emission same way it orients the social discourse within our society. The discourse in Kashmir valley surrounds around wazwan and dowry. Dowry by and large has ceased to be focus of our attention. The reason for it seems to be less incidence of demands for it. But Wazwan continues to add an aroma to our deliberations the way it adds to the taste of our consumption. Despite recent Court judgment relating to unconstitutionality of guest control order the deliberations on Wazwan is unlikely to stop. All attempts to regulate Wazwan have failed. All the measures taken to target extravagance in it have proved to be counter productive. Police stations get an avenue of exploitation out of every guest control order. Every restriction creates regular chance of enjoyment of the delicious dishes for police men . Reasons for failure of these attempts are embedded in our misunderstanding of causes of extravagance in Wazwan. 
The basic idea behind Wazwan is to create a dish out of every part of a slaughtered animal. Ribs are cooked as Tabaqmaz, muscle and fats utilised for Rista and Goshtaba. Backbone is served as Kurma and Rogangosh . Limbs are carved into Danifoal. Shoulders provide Abbgosh. Some parts of alimentary canal along with left over pieces of meat are used for Methimaz. Pure portions of thighs are minced for Kabab. To prepare all this waza is not paid on the basis of number of dishes he prepares. Number of vegetables cooked or sweet dishes served are never taken into consideration while his wages are calculated. The quality of cooking is never a criteria. The wages of waza are solely determined by the quantum of meat he cooks.  

Since Waza is exclusively paid on the basis of quantity of meat utilized, he often evades to cook vegetables. His fortunes get inflated in proportion to increase in consumption of meat. The prime logic behind ever increasing demand for more meat is his eagerness to mint more and more money. Waza most often looks for new dishes whether he is familiar with art of cooking these or not. Some times he invents new dishes to enhance consumption of more meat. 
The traditional wazwan has been polluted with a lot of new dishes. Shami kabab, Rogan Josh hindi, Muthi kabab and plau are alien dishes for wazwan. These are either imitations or innovations. Kashmiri waza is neither fit to cook these nor do these dishes add a new taste to wazwan. The traditional wazwan and its flavour gets polluted by these dishes. The left over fragrance is spoiled by carbonated drinks Coco-cola, Pepsi and Thumsup. Whatever is cooked in the name of plau is nothing but a khichdi of rice and dry fruits.
 If our state and society is serious to control extravagance and contain these perversions the real culprit Waza needs to be targeted. The first and fore most step towards this direction is to de-link his payment from the quantity of meat he cooks. There is nothing wrong if we relate it to the number of persons he serves. Simple feast and more participation should be a norm of marriage ceremonies. It keeps our social bonds intact by familiarizing us with our kith and kin. It infuses a sense of egalitarianism within our society by making rich and poor to share same trami . Wazwan has contributed in a big way in eradicating social stratifications within Kashmiri society. If a waza is paid on the basis of number of persons he serves his tendency will be to serve more guests out of less quantity rather than consuming more meat. 
A waza who serves and cooks more dishes should be penalized and most lethal penalty for a waza lies in confiscation of his utensils. It deprives him of his tools of business. The hosts too shouldn’t be spared. Those who cook beyond a certain quantity should be made to pay taxes for excessive wealth they spoil. On such an eventuality even if people cook more yet they will evade to boast about it . Boasting is one of the important catalysers of extravagance. It makes people especially the ladies to compete in enumerating the dishes and quintals they cook. Fear of being brought within tax net is likely to curtail this exercise in a big way. On societal level we must evade attending those feasts about which there is a surety that wealth utilised for these comes from Haram sources.  
Every human being has a limited capacity of consumption. Traditional dishes of wazwan are sufficient to satisfy every guest. No number of dishes and kilos of meat however, can suffice to fill up the polythene bags which our ladies use to carry left over meat. The practice of carrying eatables from ceremonies has to be discouraged. It is unhygienic and one of the important causes of extravagance in our wazwan. Imams and Khateebs can play a vital role in eradication of this menace.
 Shariah does not prescribe any function for marriages besides walima. That too has to be hosted by the bride groom. Hosting of barat with a lot of fan fare at brides house is alien to Islamic culture. This is a Hindu practice that has crept into Muslim society of the sub continent. This practice has to be banished all together. Our Khateebs and Imams should target this biddah instead of delivering sermons relating to number of dishes to be served for barat.
While eradicating innovations attempt should also be made to protect essence of Kashmiri marriage in the matters of dress and other aspects. Ragistani Lahanga for brides and Safron colored turbans for bride grooms constitute an assault on Kashmiri culture. The way innovations in wazwan attract our attention same way these perversions too deserve rejection. How funny it sounds when our ladies praise bride groom for sabaz Dastar while he looks like a Rajasthani nomad.

UNSUNG HEROES.

A good number of people from Kashmir have been sacrificing in much more heroic ways than Nelson Mandela and others. Little is known about them. This is so inspite of the fact that their dedication surpassed the commitment of the heroes of other freedom movements. Reason for this state of affairs is that Kashmiri leadership has never bothered to keep profile of those who have been working for emancipation of Kashmir. The intellectuals remain on sale and write for what ever they get crumbs of bread from the cultural academy and other state sponsored institutions.

One of the unsung heroes of Kashmir is Raja Jehangir Khan. He has a distinction of being subjected to longest continuous tenure of imprisonment. Raja Jehangir Khan’s ancestors belonged to Mirpur. The family because of its influence had been entrusted important positions of administration by Mahraja’s of Kashmir. The problems for the family however, started soon after the advent of Indian rule in Kashmir. Most of the Punjabi speaking Kashmiris were against accession of Kashmir with India. Same was the case with Kashmiri speaking Muslims. Vocal segments among Kashmiris however, overshadowed the silent majority. Sheikh Abdullah, being architect of Kashmir accession with India didn’t like those who opposed his policies. He made it a point that those opposed to accession are made to leave the state. Some of them were forced to migrate to Pakistan and Pakistani administrated Kashmir. Others were subjected to atrocities and genocide in various parts of Jammu province. Even Pandit Prem Nath Bazaz was not spared for opposing accession. He was first fired upon and later on jailed for three years in 1947. After his release he was made to leave the state. 

Jehangir’s family also faced the same fate. A good number of family members migrated to Pakistan. Others were banished. Those who remained back didn’t digest the accession and continued to work against it. For years they tried to mobilize Kashmiris against occupation. Lands of so many were declared to be enemy property and confiscated. Sheikh Abdullah himself got disillusioned with India soon after the landing of Indian army in Kashmir. He started to feel uneasy about the hegemonistic attitude of Indian state. The group of Kashmiris which was against accession started to get closer to him. Indian government didn’t like proximity of the Sheikh with separatists. Sheikh was dethroned and detained in 1953 and implicated in Kashmir Conspiracy Case. Jehangir Khan who had already been detained for allegedly dumping ammunition in Reyar along with Brigadier Rahmatullah Khan too was framed in this case. All those involved in this case were set free in 1964 except jehangir khan. Koka Paray’s of those days subjected Jehangir Khan to inhuman and degrading treatment. He was alleged to have organised a meeting with Brigadier Rahmatullah Khan in Poonch. Jehangir khan was also accused of cross border communications. In 1964 he was arrested on smuggled explosives from across LOC. In 1968 district and sessions judge acquitted in this case. Jehangir Khan however was rearrested within five months. Being a high profile prisoner Sheikh Abdullah enjoyed hospitality inside and support of so many people outside .Jehangir and others had to defend themselves on their own. Sheikh enjoyed a huge sum of money as family pension. Family of Jehangir had to face third degree treatment. Land reforms also added to the woes of the family. Huge chunks of land got out of hand. Detention, joblessness, no hands to cultivate the remaining lands, no one to look after education of children. This was the state of affairs of the family. Jehangir was continuously persuaded to be a witness against Sheikh. He turned down all such persuasions. Finally Sheikh was acquitted in Kashmir conspiracy case. Jahangir had no one to plead his case Since most of other family members had migrated. Job of arranging defense for Jehangir had to be performed by his wife. Most of the cases pending against Jahangir were adjudicated in Poonch. Communication was not easy during those days. Family was not even familiar about dates of adjudication. Tenure of Jahangir’s jail was so lengthy that his children could see him after decades. His son was able to see him only after passing matriculation. After serving twenty two years in jail Jehangir was released. Even after his release he was subjected to continous vigilance and harassment. When Sheikh Abdullah made a U-turn in 1975 for his ascendance to power he wanted Jehangir to accompany him in his new pursuit. Jehangir flatly refused his offer terming Sheikh”s new posture as beginning of Awaragardi rather than a march towards Izzat and Aabru for Kashmiris. Events of past fifteen years have proved Jehangir right. Shiekh Abdullah’s U-turn a disaster. 

Human Rights Watch Report: LADEN WITH INACCURACIES

Publishing of reports is one of the ways for promotion of enforcement of human rights. Under the Covenant on Civil and Political Rights and the Covenant on Economic, Social and Cultural Rights, State Parties are required to report their performance towards implementation of these Covenants to the Human Rights Committee. In their official reports, States usually boast about their performance and seldom depict the real situation. The reports of non governmental organizations (NGO’s) and international non governmental organizations (INGO’s) help the members of the Human Rights Committee to scrutinize the official reports in a proper manner. The reports of Asia Watch, Human Rights Watch, Amnesty International and Local NGO’s have assumed extra importance on this account. The reports in order serve any purposes have to be authentic, unbiased and objective. The recent report of Human Rights Watch although helpful to the cause of Human Rights lacks credibility, objectivity as well as authenticity to some extent. The report has been prepared by Meenakshi Ganguly South Asian Researcher of the Human Rights Watch. Being an Indian, she has been unable to shed her bias while preparing the report. She has been selective about the sources and aggressive towards Non State actors in her language. The lack of authenticity of facts becomes obvious from the very first page of the report. It has been reported that three hundred thousand Kashmiri Pandits have migrated from the valley. The total population of Hindus in Kashmir Valley according to 1981 census was 130000. These included Rajputs of Uri, Khatris of Srinagar and Baramulla and Mins of Kulgam. Kashmiri Pandits were no more than 112000. Out of these more than 20000 didn’t migrate at all and continue to live in the valley. Assuming that decadal growth of Kashmiri Pandit population between 1981 to 1991 was at par with Indian National Average of 20%, the Pandit population of valley could never have been more than 135000 and that of migrants of not more than 100000. The figures cited in the report simply reflect the exaggerations often communicated by frontal groups of RSS like Panun Kashmir. The figures of Kashmiri Pandit migrants quoted in the present report also contradict Human Rights Watch previous report “India’s secret Army in Kashmir” which put the figure at 100000.
Tracing history of freedom struggle in Kashmir, the report attributes its inception to 1964 when JKLF was formed to fight for independence. This statement contradicts the historical facts. Freedom movement in Kashmir started soon after Maharajas accession of Kashmir to India. From 1948 to 1953, it was exclusively headed by the J&K Political Conferences lead by GH Mohiuddin Karra. After exit of Shekh Abdullah from power the freedom movement was lead by Jammu and Kashmir Plebiscite Front from 1955 to 1975. This organisation was the most popular political party of its times and worked under the patronage of Sheikh Mohd Abdullah. The Peoples League and Al Fattah don’t find the mention within the report despite their historical contribution. Apart from 1990-1993 JKLF remained a peripheral group. 
The report mentions the Indian point of view about accession getting endorsement of the State Constituent Assembly but is silent about rejection of any such endorsement by the UN Security Council Resolution of 1957. The freedom movement of Kashmir has been portrayed as a struggle ‘which has slowly and visibly mutated into an even more dangerous fight under the banner of religion, pitting Islam against Hinduism’’. This depiction ignores the fact that the greatest indigenous militant formation has even non Muslims within its cadres and some of its Hindu recruits have risen to the position of Divisional Commanders. The Hindu cadres of Hizb. according to newspaper reports still remains practicing Hindus. The researchers have ignored the fact that maximum killing and migration of non-muslims occurred during 1990-1993 when nationalist groups dominated the scene and Islamic groups had not yet surfaced. The report has overlooked the ethnic cleansing perpetrated in Jammu, Kathua and Udhampur Districts after 1947 which lead to migration of more than 700000 Muslims from these Districts to Pakistan and Pakistan Administered Kashmir. 
Inspite of the fact that Indian agencies are yet to ascertain the involvement of Kashmiris in Varanasi and Mumbai blasts. The report mentions that these blasts too are attributed to militants sympathetic to Kashmiri Struggle. It is pertinent to mention here that Indian Courts have penalized some locals of Maharastra for Mumbai Blasts of 1993. The report attributes attacks on tourists in 2006 to the militants on the basis of some newspaper reports but ignores news about attribution of these killings to business rivals of Kashmir Tourism in Shimla and other hill stations of North India. The report also doesn’t hesitate in passing a verdict on the level of popularity of militants and mention that militant groups have become increasingly unpopular (p. 4). The verdict however is contradicted by authors themselves by conceding that “there is a greater political sympathy for militants cause than for the government” (p.118). Those who have drafted the report are familiar with the fact that armed groups conducted a significant emergency relief operations in Pakistan Administered Kashmir but remain unfamiliar with an equally important fact that International agencies like ICRC were not allowed to go for relief operations on this side of Kashmir. The report gives a long list of Government Buildings, Educational Institutions and bridges consumed by the conflict in Kashmir however there is no mention of the school buildings, hostels occupied by the army and its auxiliaries. The report admits that there has been a considerable decrease in the presence of militants from across LOC. 67% of the militants killed during 2005 were locals.  
Some factual errors are either a deliberate attempt on the part of Indian researchers or mistakes that have crept into the report on account of selective use of sources. Throughout the report we find the references of Indian newspapers whereas only local newspaper quoted remains the Daily Excelsior, which is known for its anti Kashmiri Bias. Even the popular and credible newspapers like Kashmir Times and Greater Kashmir have altogether been ignored. So many events and incidents have been quoted from the reports and books prepared by either Indian agencies or Institutions sponsored by them.
The report has given a nice elaboration of the legal framework that empowers Indian Security agencies to operate with utmost impunity and suggests appointment of a special rapporteur by the Human Rights Council of United Nations for monitoring Human Rights situation in all parts of J&K State. This proposal although positive depicts selective approach of the Western Human Rights Groups. If the International Community could appoint war crime tribunals for Bosnia and Rwanda, why can’t Human Rights Watch demand and lobby for a similar tribunal for Jammu and Kashmir as well? 
Human Rights Watch has given a detailed account of killings, disappearances, torture on the part of security agencies and their adversaries. One fact that has been ignored in the report is that whatever is attributed to militants does not necessarily mean that they are responsible for it. In a situation of conflict so many personal and political feuds are settled through use of guns and blame is often imposed on the militants. Recent attack on National Conference rally in Kulgam was attributed to Peoples Democratic Party by National Conference Leaders. Killing of Ghulam Nabi Lone Former Minster of the State was perceived to be the result of rivalry between him and supporters of the Finance Minster of that time. This became big issue during election campaign between son of the slain minister and nephew of the Finance minister. Similar allegations were made when former Finance Minister was targeted in Uri few years back. These dimensions of the killings attributed to militants have not been depicted in the report. The condemnation of various blasts involving civilian casualties by militant groups does not find a place within the report.
The report is also mute about the role of private armed groups working for the state whom Human Rights Watch itself has designated as India’s Secret Army in its previous reports. Reports about involvement of such groups in blasts and killings attributed to militants have been ignored. The verbatim used so many photographic captions seems to be simply an effort to malign the image of the Kashmir insurgency. One wonders why a militant in Kashmir is depicted as Islamic Militant whereas similar verbatim is not used in case of Tamil militants in Sri Lanka, other rebellious groups in Northern Ireland and elsewhere. It is strange how this terminology and mistakes remained in the report inspite of assistance of Coalition of Civil Society and Jammu and Kashmir High Court Bar Association during its research. Despite these lacunae the report is a commendable attempt and a welcome step on the part of a reputed International NGO. In order to maintain credibility and authenticity of its reports, the Human Rights Watch is expected to come with better reports in future. Assign the job of preparation of reports to those who don’t compromise the standards of objectivity and authenticity. 

CHILDREN: VICTIMS OF TORTURE

On March 29, 1976 Americo Pena and three other police officials kidnapped Joelito 17 year’s old son of Paraguayan social worker Dr. Filartiga from his home. They took him to a police station. He was tortured in order to force him to disclose information about his father’s activities. His father was suspected to be supporter of Organization Politico Miltar (OPM) whose members after infiltrating into the country from Argentina were involved in confrontation with Paraguayan forces.

Pena and the three other policemen beat and whipped the youth severely. They also resorted to the use of high voltage electric shocks administered to Jaelito through his fingertips and through a wire inserted in his penis. The electric shocks were ultimately increased to such a frequency and intensity that Joelito died of cardiac arrest.

In order to cover unexpected death of Joelito, Pena took body of the victim to his own house. He placed the body into the bed of his seventeen year old daughter. Husband of the daughter was prepared to confess the killing of Joelito. The reason for killing that he was made to divulge was that the death was caused by him on getting provoked because the diseased was seen by him in the bed of his wife. Pena and other police men associated with custodial killing perceived that their son in law will also be saved as the reason (provocation) would constitute a valid defense for his act under criminal law. Failing to get redressal from Paraguayan courts and receiving threats from Penna, Filartiga along with his family migrated and sought asylum in United States of America.

In July 1978 Penna also came to US as a tourist. He was detained for over staying in US. Dr Filartiga filed a suit under Alien Tort Statute, against Pena. Pena pleaded that proper forum for such a hearing was Paraguayan court. This plea was accepted. Flartiga after failing to secure a stay against deportation of Pena from US decided to challenge decision of the lower court in the Second Circuit Court of Appeals.

Argument in Filartiga v Pena-Irala took place before Chief Justice Feinberg and Judges Kaufman and Kearse on 30th June 1980. The Judge’s unanimously held that officially sanctioned torture is a violation of international law. They therefore found that Alien Tort Statute of US provided basis for exercise of federal jurisdiction in a wrongful death action brought by Paragauyaon against the Paragauyaon defendant. In arriving to this decision the court relied on the ground that prohibition against torture has become part of customary international law, Which is reflected in the Universal Declaration of Human Rights (UNDHR). For the purpose of civil liability the court ruled that the person involved in torture has become enemy of mankind like a pirate and slave trader. In accordance with the findings of Court of Appeal the District Court proceeded with the case decided it on 12 Jan 1984. It announced the judgment against Pena and awarded damages worth one million US dollars to Filartiga. This was so inspite of the fact that US was not a party to The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1984.

I have narrated detailed account of this case because facts of the case resemble with the situation of hundreds and thousands of children of our state, Jammu and Kashmir. They face same type of detention, torture and custodial killing as were experienced by Joelito. Police and security agencies often subject children to detention in order to get information about their kith and kin involved or perceived to be involved in militancy. Paragauyaon police tried to cover up their act of custodial killing by cooking and concocting a story. Security agencies in Kashmir are not in need of any fabricated story because they are protected against any sort of legal action relating to such incidents by virtue of section 6 of Disturbed Areas Act of 1997 and Armed Forces Special Power Act. These legislations after authorizing personal belonging to police and other security agencies to kill a person or blast his premises on the basis of suspicion of their involvement in breach of public order and immunize them from any suit or legal proceeding unless permitted by the state . The state seldom gives permission for prosecution. According to a report published in ‘Mail Today’ “about three hundred cases against army and other central forces persons have been waiting the home ministries go ahead.” The center has not granted approval even in a single case even after instigations regarding these cases were completed by the police. The Armed Forces Special Powers Act makes it mandatory for the sate administration to seek the centers permission for prosecuting central forces person found responsible for committing crimes during counter insurgency operations .  

International law has been sensitive to the problems of children ever since Hague Conventions were adopted towards the end of 19th century and in the beginning of twentieth century. The protections granted to child during hostilities are now incorporated in Geneva Convention IV relating to Humanitarian Law. The Convention makes it obligatory for the parties to provide safety zones for children during hostilities . The Convention also makes it compulsory for them to provide maintenance for children . Occupying power is required to ensure safety and protection of children . Protocol I to the Geneva Convention expressly provides protection to children from any sort of assault during warfare. The Protocol entitles children to special care inspite of their involvement in hostilities . India is not a party to the Protocols. So far as the Geneva Conventions are concerned India has ratified these conventions but Indian Supreme Court perceives that these do not confer any rights upon a person despite Geneva Conventions Act of 1960 . 

Special rules relating to administration of Juvenile Justice were formulated in “UN Conference Relating to Juvenile Justice” in Beijing in 1985. Rule 17 (3) protects children from corporeal punishment. The Convention on Rights of Child (1989) provides protection to children from all forms of violence, injury, abuse, neglect or negligent treatment . Article 37 of the same Convention states that party shall ensure that no child shall be subjected to torture or any other form of cruel inhuman and degrading punishment. Besides these specific instruments relating to children general laws relating to human rights also protect Children along with other human beings from cruel inhuman and degrading treatment. Convention Against Torture and Other Forms of Cruel, Inhuman and Degrading treatment or Punishment clearly states that no exceptional circumstances whatsoever whether a state of war or threat of war internal political instability or any other public emergency may be invoked as justification for torture . The Convention makes it clear that an order from a superior officer or a public authority may not be invoked as a justification for torture . International Covenant on Civil and Political Rights provides that no one shall be subjected to torture, cruel inhuman or degrading treatment or punishment . Article 4 of the same convention makes Article 7 a non derogable right even in case of public emergencies. The provisions of the Geneva Conventions which apply to non international armed conflicts also make torture, rape and hostage taking unlawful .

Torture means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession. Punishing a person for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity also constitutes torture .

Indian Constitution does not have any specific provision which explicitly provides protection against torture. The Supreme Court of India however, has made it clear in so many cases that protection against torture is inherent in right to life and personal liberty. In DK Basu v State of West Bengal Supreme Court made it clear that any form of torture or cruel, inhuman or degrading treatment would fall within the inhibition of Article 21 of the Constitution: whether it occurs during investigation, interrogation or otherwise. “If the functionaries of the Government become law breakers, it is bound to breed contempt for law and would encourage lawlessness and every man would have the tendency to become law unto himself thereby leading to anarchism. No civilized nation can permit that to happen. Does a citizen shed off his fundamental right to life, the moment a policeman arrests him? Can the right to life of a citizen be put in abeyance on his arrest? These questions touch the spinal cord of human rights jurisprudence. The answer, indeed, has to be an emphatic ‘No’ ”.In Neelabati Bahera v State of Orissa , the Supreme Court pointed out and emphasized that the prisoners and detainees are not denuded of their fundamental rights under Article 21.The court relied upon Article 9 (5) of The International Covenants on Civil and Political Rights 1996 and granted a compensation of rupees one laks fifty thousand to mother of a boy who had been killed as a result of torture in police custody. The judgment was delivered despite Indian reservation to the provision of compensation under The International Covenant on Civil and Political Rights 1996.44Th amendment of the Indian Constitution has laid down that presidential power to suspend the right to move the court for enforcement of fundamental rights during emergency can not be exercised in respect to the fundamental rights secured by Article 20 and 21. It is clear that operation of Article 20 and 21 can’t be suspended during operation of emergency under Article 359. Protection against torture being part and parcel of right to life and liberty (Article 21) is thus a right that can’t be taken away even during emergency on account of war, external aggression or armed rebellion.

It is obvious that adequate safeguards do exist for protection of children under law from any sort of degrading or inhuman treatment .Despite these laws children in Kashmir continue to be used as human shields during combat operations . This practice continues till date on January 22 a four year child Qasim Bin Asiq was used as a shield by troops during encounter with militants . They are also used in same manner during mine clearing activities. Children continue to be detained for indefinite periods simply because authorities anticipate that they are likely to get involved in insurgency. Teenagers are asked to report to camps of security agencies at regular intervals. Incase a boy is involved in militancy his family is often harassed. If he is absconding his family members become target of security agencies and get humiliated. During search operations it is mostly the boys below 18 years who have to face identification parades again and again. When they leave the conflict ridden state and move to other states they are often looked upon with suspicion and subjected to humiliating treatment. Examples of such a vulgar treatment were witnessed several times on TV channels.. It is children who mostly become targets of fake encounters. If parents of a child get killed at the hands of security agencies they are not entitled to any relief and rehabilitation package. In case their elders or family members get detained they have to maintain themselves, they have to pay the lawyers in order to secure release of their relatives and in this process most of the time they have to abandon their studies. Rape is used as a weapon of war in order to force an absconding militant to surrender. Recent sex scandal has made it obvious that teen aged girls are often used in scandalous operations to apprehend militants. Even high officials of security agencies get involved in molesting teen aged girls. One such officer former DIG of BSF terms such acts as part and parcel of counter insurgency operations to trap the militants . Children on account of restrained movements and fear often display abnormal psychological behaviour. Children of dead detained and missing family members also become vulnerable to exploitation. They also suffer from deprivation of properties and other avenues of development. So many children have lost their limbs because they get splinters of a shell or a mine. On many occasions they are deliberately targeted. Killing of four boys while playing cricket is an instance of such deliberate killing. On occasions children were shot dead during marriage ceremonies inspite of the fact that information relating to celebrations had been conveyed to the paramilitary forces within the area . School going children especially the girls are harassed while on their way to schools. One such incident occurred in Awanti-Pora and is under investigation by the state human rights commission. People do not have much hope from such investigations as the Commission according to its former chairman Justice AQ Parray is tooth less as well as tail less and those who approach to it for redressal either disappear mysteriously or get killed . Even so called relief and rehabilitation packages of Indian security apparatus have proved to be lethal for children of Kashmir. On such “goodwill” gesture led to drowning of twenty two school children and their teachers at the hands of security personnel . An enquiry commission established by the state has confirmed the negligence and mischief of the navy personnel in this incident. There are so many children in Kashmir who had to migrate because of harassment within their native places. While migrant children of a particular community were showered upon a lot of relief and rehabilitation packages children belonging to other communities were not perceived to be worthy of any attention other than harassment and humiliation. Once they move to cities and towns they become vulnerable to both physical as well as psychological trauma. Restrained movements impede their physical growth. New habitat exposes them to a cultural shock. Sometimes they are unable to adjust with their new surroundings and end up with addiction to drugs. This state of affairs is quite contrary to international law. Courts in Kashmir seem to be too much worried about environment rather than the future generation for which it is sought to be preserved. So many NGO’s which pretend to work for children do not deliver much besides providing avenues of employment and exploitation for those who manage and run them. The probes ordered by the government often fail to provide any sort of redressal to the victims. Children continue to suffer, the only way to rectify the situation is either to appoint a special rapporateur to monitor and look over the plight of children in Kashmir on the part of UN Sub Commission on Protection and Promotion of Human Rights or the newly created Human Rights Council. Any sort of indifference in this direction may pave way for appointment of war crime tribunal on the pattern of Bosnia and Rwanda to look into overall abuses of human rights and humanitarian law. The perception that the conflict in Kashmir is not an international or non-international armed conflict will not come in the way of appointment of such a tribunal as in case of Rwanda it was appointed despite the fact that the conflict was between two tribes and no state was involved as such.

Menace of Migrant Labour

Last year so many Bihari students were beaten in Assam. They were targeted because they had gone there to participate in state civil service examinations. Similar was the attitude of shiv-sainiks in Mumbai. One should not get surprised if a similar situation erupts in Kashmir especially after the incidents that was witnessed in Mahjoor Nagar where minor girl child was kidnapped and killed allegedly by some migrant laborers. Fortunately the allegation proved to be wrong and police suspected involvement of some locals in this crime. State subject law introduced in J&K state assembly was also aimed at protecting regional identity against the aggression from Gangetic plains. Because of hippocratic attitude of the rulers and the members of the state legislative assembly the bill couldn’t become law. 

Within past fifty years Indian states are proceeding in altogether different directions. While development has been the main thrust of peripheral states. Increase of population without any concern for development has been the main direction of main land. Indian leadership within Hindi speaking states too seems to be indifferent towards issues of development. Lalu Prasad Inspite of being leader of down trodden state celebrates marriage of his daughter in an aristocratic manner. Mayawati who pretends to be leader of schedule casts celebrates her birthday with “Nawabi aan baan”. The issues which dominate within Hindi belt are issues of Temple/Mosque, caste and Hindutva. The leadership seems to be least concerned with welfare of people. Reason for this indifference seems to be the perception that the population of these states does not need to be cared. In case people are unable to find means of livelihood, they will definitely go to other states and extract as much of their share as they can. Infact people from Bihar, UP and Orissa do the same. They get out of their own states proceed to the developed regions. They strain avenues of employment. They spoil the civic systems. They pollute the culture and environment of these states. They carry along with them germs of disease. They provide a cheap labor force for all sorts of vice dens. They erect their own slums and use these places for manufacturing of drugs. It is these migrant labourers who become cheap conduits for drug trafficking and smuggling of narcotics. State authorities seem to be indifferent towards this phenomenon because in their numbers they get an avenue for magnifying the flow of “tourists” to Kashmir. They return back without paying any thing for the civic services they avail. Kashmir for quite sometime has become a favorable destination of these migrant labors from Bihar and UP. Thanks to insurgency and His Highness chillaikalan, they are unable to stay here through out the year. Inspite of temporary stay they render two and half lakh locals jobless. No doubt they provide cheap labour but at the same time they become siphon for extracting huge capital out of the state thus making all announcements of aid packages an illusion.

It is high time that the state takes notice of this phenomenon because breeding India cannot be allowed to become permanent liability for growing peripheral states. One of the ways to deal with this menace is to go for system of ‘work permits’ for non-state subjects. This measure will simply regulate the flow of migrant labourers, by making them to report and register themselves within the police stations and make them to pay for the civic amenities they avail. They can be and should be made to pay an amount of 100 rupees per month for their stay and working in the state. Usually migrant workers stay for a period of 6 months. If they are made to pay for their stay and working it will become great source of revenue for the state. Those who come to spread vices, beg and pollute can be differentiated from genuine tourists, workers and restricted from coming. Lately because of indifference of the state the migrant laborers have also started to indulge in criminal activities of the type hitherto unknown within J&K. Those who avail and become a strain for civic amenities can thus be compelled to contribute towards development of the facilities they avail. On top of all this job avenues for locals can be made secure and non-state subjects allowed working in those sectors only for which local man power is not available. 

Let the ruling party and opposition come forward with a “Migrant Workers Registration Bill” before the assembly and prove there commitment towards distinct identity of the state and welfare of its people. Because of the Article 35(A) of the Indian constitution there is no legal impediment in this direction. Under this Article J&K state can make laws for the sake protection of interests of state subjects and the laws will remain valid irrespective of any contradiction with the fundamental rights of residents of other states. The bill will become an example for other states from Assam to Maharashtra. It can catalyze a rethinking within breeding states of India and sensitize its leadership towards developmental issues rather than issues of caste, religion etc. The income that gets generated out of this permit system should be allotted to local bodies within which this migrant population stays and works. Work permit system can also provide an avenue of generating revenue for these bodies so that they can plan and provide resources on the basis of the real population rather than the permanent population of the place.

Human Rights Day

Every year tenth December is celebrated as Human Rights Day through out the world. This day is celebrated in commemoration of adoption of Universal Declaration of Human Rights in 1948. Adoption of Universal Declaration of Human Rights was one of the most important landmarks towards emancipation of human beings from the despotism and tyranny to which they were subjected through out human history. The idea of absolute sovereignty of states was associated with the perception that relations between human being and the state are exclusive domain of those who rule a state. No one beyond the territories of a state had a Locus Standi to question a state about its behaviour towards its subjects. Humans had tried a lot of devices to impress upon the rulers that they have to rule their subjects in a humane way but most of these efforts failed to yield any substantial improvement within the state craft. 
December 10th is important because it was on this day International Community for the first time realized that the relation between individual and the state can’t be left within exclusive discretion of states. Individuals have to be ruled in accordance with certain norms prescribed by the international community. World was awakened for prescription of these norms through the reign of terror and tyranny that was perpetrated against innocent human beings during and prior to World War II. International Community felt that it was its indifference that led the dictatorships of those times to implement their fascist agenda. Laxity on the part of International Community emboldened the fascist regimes and they started to pursue this agenda against people of their neighboring countries thus triggering the World War II. Relation between Individual and State was thus perceived to be relevant to International Peace and Harmony. 
United Nations under took to promote human rights thus taking relation between individual and the state out of the exclusive dominion of states and making it concern of international community. The job undertaken by the United Nations needed elaboration and specific projection of the rights which it expected states to implement within their jurisdiction. Universal Declaration accomplished this job. It enumerated various rights which states were supposed to promote and made it clear that promotion of these rights has to be without any discrimination. Within the preamble of the declaration it was made clear that rights need to be promoted and observed in order to prevent people from resorting to rebellion. Using these words the Universal Declaration incorporated within its preamble the ideas of Locke and Rousseau. The ideas which envisaged that a state has come and are ought to come into existence through a contract between people and those who rule. Absence of contract makes rule illegitimate. The contract is for the sake of protection of inalienable rights of human being. These rights form the consideration for the people to enter into contract. 
Human rights day is a celebration for so many who have managed to secure their rights as a result of Universal Declaration of Human Rights. The declaration has lead to enumeration of rights provided within it in the constitutions of states. The laws in contradiction with the declaration have been modified. The courts have used the declaration for liberal interpretation of the existing laws and incorporated its provisions within domestic laws. Its provisions have been declared as rules of Customary International Law enforceable within domestic jurisdiction without consent or concurrence of states. Universal Declaration catalyzed creation of regional systems for redressal of human rights abuses and adoption of International Covenants. It was this declaration which triggered processes that made it possible for an individual to have recourse to International bodies for abuse of his human rights. The world changed in a big way. Scores of countries got freedom and made the rights provided within the declaration part and parcel of their laws. Universal Declaration did help in decolonization as it served a reference point for those who were oppressed and living alien and oppressive subjugation. In the words of Nelson Mandela Universal Declaration of Human Rights served as a ray of hope for the oppressed nations during darkest period of their history. Whole of this however, is one side of the story. For so many people Universal Declarations might have catalyzed an era of emancipation but there are so many nations who still aspire for it. Who still struggle for freedom and who still continue to languish within the darkness of subjugation and despotism? 
Kashmir’s are one of such unfortunate nations. When whole of the world was engaged in deliberations for adoption of Universal Declaration of Human Rights Kashmir was in process of moving from one type of subjugation into another. The despotism of the local ruler got replaced by colonization of the state in 1947. While human rights did find their way into Indian Constitution Kashmir remained an alien land for the notion of Human Rights. Whole of the sub continent got freedom in 1947 Kashmir lost its freedom. Alien rulers did enact a drama of creating a constitution for us. From the very beginning this process lacked legitimacy. Those who were involved in framing a Constitution for us were not the ones whom people had elected but the ones whose election was facilitated uncontested by the alien administration. People were promised plebiscite, the promise was never fulfilled. They were made party to a contract to which they never consented. 
In 1954 Part III of the Indian Constitution was extended to the state. Extension of this part to the state didn’t help people to enjoy the human rights. Human Rights provided within it were followed in breach rather than in observance. What was provided through one hand was taken away by another. Draconian laws in the form of Armed Forces Special Powers Act, Disturbed Areas Act, Public Safety Act, POTA, and TADA remained in force. Life of every person remains at the mercy of petty police and military officials who were empowered to kill any one as they wish and plunder whom of any one merely on suspicion that it is likely to be used for subversive activities. Thousands of innocents disappeared. State in order to evade its responsibility engaged private armed groups for implementation of its oppressive agenda of subjugation. Innocent girls continue to be raped and judicial remedies for the victims remain an illusion. Torture remains order of the day and world community is unable to do any thing besides providing artificial limb centers for the victims through its International Committee of Red Cross. Thousands remain in jails and interrogation centers merely on suspicious that they are likely to indulge in subversive activities. Once a Court quashes detention of a person he is rearrested soon after his release. Properties worth billions is devastated in counter insurgency operations and people remain desperate for rehabilitation. Perpetrators of human rights abuses within armed forces and Para military forces are immune from any litigation unless Indian home ministry gives clearance for their prosecution. Even the Human Rights Commission is unable to investigate human rights abuses committed by security forces directly. In Kashmir approaching Human Rights Commission is itself fraught with risk of loosing life in retaliation from security agencies. Former Chairman of State Human Rights Commission spoke out of his experience that people get killed or disappeared once they dared to approach the Commission for human rights violations. A Former Inspector General of BSF admits through involvement of girls in scandalous sexual activity he was perusing his counter insurgency operations. Present CM admits that seven percent of rapes in the state are committed by security forces. In this scenario people of Kashmir have nothing to celebrate on this day but to protest against abuses of human rights. World also needs to take stock of selective implementation of human rights and its criminal indifference towards dismal human rights scenario in Kashmir.

EMERGING POLITICAL SCENARIO

Kabootar Baazi is an old trait. Those living in Old Delhi and Lucknow, are experts in this trait. Professional Kabootar Baaz is one who manages to trap pigeons of others through use of his own ones. Modus operandi of this operation is to let his own pigeon fly with pigeons of others. Make it to take lead in flights and facilitate their landing on his own roof. The pigeons used in this operation are termed as decoys. 
From Old Delhi, New Delhi too seems to have learned this trait and is utilizing it to tame Kashmiris. Mufti Mohammad Saeed was asked to hijack slogans of separatists during his tenure. He continued to follow the same politics after his exit. Mufti proceeded to the extent of saying that “militants should now feel complacent and abdicate violence because their representatives have assumed reigns of power.” What militants experienced however was nothing other than a reign of annihilation of their cadres during the Peoples Democratic Party (PDP) rule. There was no let up in military operations against insurgents while peace, dialogue and healing touch remained the favorite discourse of Muftis. On political front PDP contributed to dissensions within Hurriyat which led to its bifurcation. A good number of its leaders assumed moderate postures. Line of difference between mainstream political parties and moderate Hurriyat got blurred. Once Mufti outlived his utility like every other Kashmiri chief minister, he was dethroned in a disgraceful manner. Ghulam Nabi Azad was installed in his position. Nowadays Farooq Abdullah is being groomed for a similar role. He has been deputed to join separatists and facilitate their participation in electoral politics. It is in pursuance of this role that Farooq Abdullah has offered Hurriyat to fight elections jointly with him. New Delhi isn’t worried if Farooq Abdullah uses some anti-India slogans during this operation. Abdullahs after all have been serving India while using similar language for generations. Strategists in New Delhi are sure that results of these National Conference somersaults are in no way going to be against Indian interests.
Whole of this gameplan is being persued in pursuance of a thought process of Dr Karan Singh. Dr Singh for a long time has been asking New Delhi to reorient its Kashmir policy. To him for past fifty years, Kashmir policy of New Delhi has been Kashmir centric. In his perception, Kashmir is a misnomer for the state of Jammu and Kashmir. For him, Jammu precedes Kashmir and infact Kashmir was made to join Jammu by Dogra rulers through their connivance with British imperialists. His paradigm envisages making Kashmir policy Jammu-centric and marginalizing Kashmir valley through a sustained process of administrative and electoral mechanizations.
On administrative level, the process is on. Kashmiris hold only one third positions at highest levels of administrations. Imported Indian Administrative Service officers continue to emasculate avenues of Kashmiri youth. With every succeeding list number of selected candidates for Kashmir Administrative Service and judiciary keeps on depleting. The number of successful Kashmiri candidates in recently declared KAS results was only 28 against 104 from Jammu. If same trend persists within next twenty years, Kashmiris will be exclusively marginalized from executive as well as judiciary. One wonders why those very Kashmiri boys and girls are unable to compete for administrative and judicial services who leave everyone behind in the competitive examinations for medicine, engineering and other professional courses. Reason is nothing but a sustained policy of marginalizing Kashmiris from both administrative as well as judicial services. Bureaucracy and judiciary are after all main instruments of controlling populations. Technocrats on the other hand simply serve as instruments in the hands of real decision makers.
On political front, the policy of marginalization of Kashmiris is sought to be executed through manipulation of electoral politics. In this persuit, New Delhi wants to have as many parties in Kashmir electoral politics as is possible for it to manage. It has tamed National Conference and is using it to tame Hurriyat (M). Mufti’s PDP is creation of New Delhi. Insignificant actors like Tarigami and others associated with him receive full fledged patronization from New Delhi. Sajad Lone and some other kids are being groomed to fight coming elections as a separate group. In case Hurriyat (M) gets trapped in this game plan and joins electoral fray, it will have disastrous consequences for Kashmir cause. Going for elections is expected of Hurriyat (M) on account of its abdication of right of self-determination in favour of self-rule despite its statement to the contrary. Ever since Hurriyat (M) has adopted compromising postures towards New Delhi, it has lost its credibility. Its soft postures didn’t yield any results and human rights situation continued to worsen. In this situation, bereft of credibility, if Hurriyat (M) goes for electoral politics, it will be nothing but success of Kabootar Baazi of New Delhi. Pigeons of adversaries will formally join the flock of pro India parties. Hurriyat is unlikely to get more than ten seats. Kashmir will be divided between NC, PDP, Hurriyat (M) and others. Jammu, Kuthwa and Udhampur will be swept by Congress. Topography and scattered nature of population makes it easy for New Delhi to facilitate ‘election’ of its choice in Doda, Poonch and Rajori. Congress can easily manipulate results of militarized constituencies like Uri, Tangdhar, Karnah, Gurez, Kargil, Zanskar, Leh and Nobra in its favor. This way it can secure at least six seats from Kashmir division. After securing majority, it will ask any of the velleyite parties to join it. If one party doesn’t get ready, others will be more than ready to support it. Even at present, National Conference is ready to support the Congress in case PDP withdraws its support. In post election situation, same politics will be re-enacted. If any of its allies from valley leaves the Congress, others like NC will be ready to join it. Internationally electoral results will be portrayed as a verdict against secession. Musharraf too may use these results as an ex post facto justification for his abdication of Kashmir cause. Internally whatever levers of power are retained by Kashmiris of valley will shift to Jammu. Marginalization of Kashmiris will be complete. Indifference and mute response of New Delhi towards any proposal regarding resolution of Kashmir dispute is guided by these calculations. New Delhi is persuading separatists to join electoral politics and using this as a tool to defeat the campaign for secession. Farooq is nothing but a decoy of New Delhi for accomplishment of this job.

THE POLITICS OF HALF BAKED SOLUTIONS

E

ver since Farooq Kathwari came up with some sketches relating to resolution of Kashmir dispute it has become a fashion for every Tom, Dick and Harry to prepare a plan for Kashmir. Those who formulate these plans are mostly the ones who find an avenue of publicity in publication of these plans. There are others who try to be seen in line with the probable solutions that they perceive or are likely to be accepted by India and Pakistan. Some formulate the plans on behest of institutions associated with different establishments to ascertain the public mood and reactions. A group of politicians have dedicated themselves to the job of welcoming each and every proposal irrespective of their contradictions. Mirwiaz welcomes every road map whether it comes from Musharaff or Manmohan Singh. In this regard I am reminded of Prof. A. M. Khusroo who once while entertaining a delegation of teachers praised their views. After sometime expressed similar words for a rival delegation. On being asked by his wife as to why he praises conflicting ideas he responded “Begum App bee theekh kah rahe hain”.
The inception of 2007 has seen people of importance and not much importance divulging their plans probably feeling that they may be left out if they do not come up with a plan of their own. Some proceed with a four page plan whereas others managed to collect few hundred pages. As a university teacher at first instance one of the plans appeared to me dissertation of a postgraduate student in the discipline of dispute resolution. The researcher has managed to collect material from different sources, organized it but failed to co-relate it with his conclusions. The writer seems to be struggling a lot to project the work as an objective research but the inclinations get reflected at every juncture. The propounders appear to be the ones who do not belong to the state and are proposing a solution of reconciliation to warring factions of a dispute. Such an approach does not behoove any one who has an iota of attachment to Kashmir and its problems. The terminology of western institutions specializing in study and research of conflicts has been utilised frequently. 
The leadership is projected to be led by their sentiments instead of the realities surrounding them. They want them to forget the history probably because the history does not justify any U-turn. Respect for sacrifices is sought in the form of cosmetic measures & erection of monuments. At the same time a case is forwarded for betrayal of the object for which sacrifices were made. Conclusion mostly suffers from an error of generalization in context of aspiration of people of the Valley, Jammu and Ladakh regions. Sheikh Mohammad Abdullah is ridiculed for compromises but plea is made for a similar compromise on the part of present day leaders in the form of achievable nationhood. Arguments on this line are devoid of the context in which Sheikh Abdullah made a compromise. The context of Sheikh’s compromise was defeat of Pakistan in 1971 war and nuclearization of India in 1974. The context of present day parleys is altogether different i.e., inability of India to contain the secessionist movement in the State and acquisition of nuclear arms by Pakistan. Sermons for becoming realistic are associated with partial projection of the realities. The realities are projected the way they appear to be conducive to status-quo whereas the negative aspect of realities for Status-quo is altogether overlooked. Presuming that the “Kashmiri society is exhausted, tired, fatigued and unlikely to be capable of sustaining the movement” . It is also a reality that 181 Indian soldiers got killed in the previous year. More than 100 committed suicide and not less than fifty were targeted by their fellow colleagues. Keeping in view the fact that it is only one out of twenty casualties among regular armed forces which get killed and one among the 1000 depressed soldiers who commit suicide. The proportion of fatigue and exhaustion is in no way less on the other side. Relativity of so called realities too is overlooked. Few years back, Bush used to tell others to be with him or against him. Within five years the mightiest power of the world is in a quagmire both within Iraq as well as in Afghanistan. Reality of today is that he is unable to carry along his own Congress and people in his quest for a new crusade. 
It is conceded that leaders instead of leading have been led by masses and also accepted that the movement is going to continue even if leaders abandon it. Still there is a sermon for leaders to become realistic and go for modified version of Status- quo. The Status- quo is sought to be camouflaged in a web of relations between Kashmir and India , Kashmir and Pakistan and Kashmir & Azad Kashmir with out prejudice to the authority, interests and security of India. The decommissioning of weapons possessed by militants is proposed while envisaging a perpetual presence of Indian army in Kashmir. Demilitarization although used several times is basically targeted against non-state actors. Status-quo is perceived to be the fate accompli and leaders advised to compromise with it. This inspite of acknowledging the common perception that India has never kept its promises. One of the main worries of the roadmap drafters is the transformation of Kashmiri society from war phobic to war hardened community and wish for reversal of this trend. No sane person can be happy with conflict and strife but it is also a fact that meekness, submissiveness made Kashmiris conducive for subjugation. 
Right from Northern Ireland up to Hong Kong every model is used as a role model for resolution of Kashmir. Depiction of half truth about these models is a norm with roadmaps and same way the ones which do not suit continuation of Status-quo are never referred. Reference to Ireland is confined to Good Friday Agreement which simply relates to six counties of the type which resemble parts of Kuthua, Jammu, Udampur and Leh District of our State. The solution applied to twenty six counties of Ireland which became independent in 1922 is over looked. Hong Kong was given on lease hundred years back. Britishers made it a point to return it to Chinese inspite of hundred years’ retention and absence of an organised movement for secession. Emphasis on this aspect is altogether missing whereas presence of Hong Kong within China as autonomous region is highlighted because it suits perpetuation of Status-quo in Kashmir. Reference to East Timor, Montenegro, Qubec & Eriteria etc., does not exist simply because Right of Self Determination was the roadmap of resolution of these disputes. 
Kashmiris aspirations for becoming International player is sought to be fulfilled in becoming part of Indian delegations to international forums, a role that Abdullah’s, Muftis have been playing for over a half century. Kashmiris are proposed to be accommodated as complementaries to the delegations of Indian defense and foreign ministries. Inspite of recognition of the fact the de jure stand of Pakistan has been for aspiration of Kashmiris, the roadmaps attempt to equate it with India on account of some practical issues which haven’t been addressed by Pakistanis. The roadmaps act as a red herring to deflect the attention of the world community from the solution to which it is a party and was drafted by it on behest of India & Pakistan in light of rules of International Law relevant to dispute resolution. Problem is not of a roadmap but lack of will and wish to reach to a solution.
As mentioned and conceded the movement for emancipation of Kashmir is unlikely to die even if leadership betrays it. Every one has a right to deliberate on utility or futility of violent and non violent means and his own course of action. This discourse, however should not end up as a case for abandonment of an aspiration. People’s struggle in Kashmir preceded militancy and will proceed it. The militancy was not the beginning and end of their struggle. 1857 marked the end of one phase of Sub-Continents struggle for liberty. It also remained dawn of a long drawn freedom movement. This history can repeat itself in Kashmir. No one should remain under an illusion that somersaults and support of joint colonization of Jammu & Kashmir by India and Pakistan is going to be digested by Kashmiris. Aspiration of Kashmiris has outlived so many leaders of the Sub-Continent. It will outlive those who are trying to make Kashmir a casino for the elite of India and Pakistan. 
Jish Khak Kay Zameer Mein Ho Atash-i-Chinar
Mumkin Nahin Ke Sard Ho Woh Khakh-i-Arjmand

Lofty Ideals

Right from its inception, Pakistan movement suffered from an error of generalization regarding its approach towards Kashmir. Kashmir was perceived to be homogeneous. Qaid-e-Azam failed to understand difference between ethnic Kashmiris and those who couldn’t speak Kashmiri language and were racially different from inhabitants of the valley. It was on account of this error that he projected Chowdary Ghulam Abass as leader of Muslim conference in Kashmir. Being native of Jammu he could not speak Kashmiri language. On account of this ethnic and linguistic gap, it was impossible for him to overshadow Sheikh Abdullah and his manipulations. Inspite of being Muslim majority area Kashmir could not join Pakistan. The mistake committed by Muslim League in pre-partition days continues to prevail upon the policies of Pakistani government even after creation of Pakistan. In earlier years Kashmiri leaders of the valley origin could influence this policy to some extent. Domination of army in Pakistan with the ascendance of Ayub Khan to power marginalized Kashmiri speaking leaders. People of Azad Kashmir origin on account of sizeable presence in army became sole architects of Kashmir policy of Pakistan. Pakistani establishment being dominated by Punjabis who are racially and linguistically closer to residents of Punch and Jammu was also guided by these people in respect of their Kashmir policy. Pakistani ruling elite were unable to understand the difference between Kashmiris of the valley and Kashmiris of Azad Kashmir. Operation Gibraltar of 1965 could not be sustained because it was wholly managed and executed by people from Azad Kashmir. Once they came to Kashmir they were easily identified and could not do much. Even after 1965, instead of evaluating their own approach Pakistanis usually found fault with Kashmiris for failure of operation Gibraltar. Apithus and other Punjabi jokes about Kashmiris added an aroma to this campaign of maligning people of the valley. Marginalization of Kashmiris was further compounded by death of Mirwaiz Yousuf Shah
It was Mir Abdul Aziz who single handedly fought against this misunderstanding through out his journalistic and political career. Mir Abdul Aziz was born at Rambagh, Srinagar on 13th January 1923 graduated from Punjab University Lahore. He worked as a columnist in Hamdard and Edited Johar and Millat in pre-partition days. On account of his association with Muslim students Federation and pro-League views he was banished from the state after 1947 along with Mirwaiz Maulana Yousuf Shah and Mr. Prem Nath Bazaz. During his last days in valley Mir Abdul Aziz along with Abdul Salam Yatoo of Dialgam(Islamabad) started Kissan Mazdoor Conference. Those associated with this organization were influenced by ideology of MN Roy(radical humanist). All the radicals of those were supporters of Pakistan movement irrespective of their religion and creed. He started Awaz-e-Haq weekly in Rawalpindi and remained secretary general of Muslim Conference and Liberation League for some time. Through his paper and within these organizations he consistently fought against the erroneous approach of Pakistani government towards Kashmir. He made it clear that unless Kashmir policy of Pakistan is centered around the inhabitants of the valley it is unlikely to succeed. Mir Abdul Aziz managed to convince Shardar Ibrahim Khan and a sizeable section of Muslim Conference supporters. On account of this Choudry Ghulam Abass felt uneasy and scared about his position in Azad Kashmir. He mislead field Marshall Ayaub Khan against Mir Abdul Aziz. In 1958 his paper Awaz-e-Haq was banned and he was arrested under Defense of Pakistan Rules for nine months. On his release, he along with late Maqbool Bhat established Mahaze-Rai-Shumari in Azad Kashmir and Pakistan. Mir Abdul Aziz was its secretary General and Maqbool Bhat its president. He parted ways with Maqbool soon after he discovered that Maqbool was using his position to create JKLF without taking other colleagues into confidence.
 Mir Abdul Aziz favored an active militant movement for achieving the right to self determination as a last option when all other means have been exhausted. Nevertheless, he supported present insurgency once it erupted. When questioned about this views, he would often refer to an advice that Qaid-e-Azam had tendered to him and his fellow students in Muslim students Federation in a houseboat near Lal Mandi during Jinnah’s visit to Kashmir. Jinnah, told them to always sharpen the knives and never throw them. He adhered to this advice until his death. These views of Jinnah might have been relevant in context of British imperialism their validity in context of forces of oppression that Kashmiris are facing can be debated.
The debacle of 71 made Pakistani establishment more objective. They started to evaluate their failures and achievements in a more rational way. This made them receptive to the views of Mir Abdul Aziz. Once their were rid of their defeatist mentality through their success in Afghanistan they started to plan revival of Kashmir issue in a better way. This time the policy was valley centric and oriented towards involvement of ethnic Kashmiris. The paradigm shift paid its dividends. As compared to operation Gibraltar which fizzed out within day, present insurgency is continuing for more than one and a half decade. Sole reason for this success is the idea that any movement in Kashmir should involve people from the valley and not be centered around those who live beyond the valley and have influence over high echelons of power in Islamabad.

Mir Abdul Aziz was a staunch believer of two nation theory but at the same time conscious about his identity as a Kashmiri. He often said, the way Hindus and Muslims are two nations, same way kashmiri Muslims and Muslims of Indo Pak Subcontinent are two different entities. For achieving our objective we should not over look either of these facts. He favored an autonomous Kashmir within the federation of Pakistan. His own papers Insaf and Awaze-Haq only project a myopic view of his personality. In order to have full appreciation of his views one should go through his writings in The Pakistan Times, The Muslim, Frontier Post, Mag and other English papers and journals of Pakistan. It was on account of these English writings that he could often influence Pakistan ruling elite. Another important facet of his personality was his Kashmiri poetry most often related to political themes. If compiled right from his association with Hamdard to his last edited issue of Insaf it can provide a comprehensive poetic narration of contemporary Kashmir political history. He was well aware of his Kashmiri roots and remained attached to them until his death. He perceived Syed Ali Hamadani to be the fountain head of Kashmiri heritage and had a great reverence for him. As founder secretary of Shahi Hamdan foundation he paid several visits to the grave of Ameer-e-Kabir in Khtalan. On account of his untiring journalistic pursuits former information minister of Pakistan once described him as a man information brigade on Kashmir. Inspite of his ailing health he continued to write until he was overtaken by the disease and fell into coma for last three days of his life. During these days the darker side of his life over shadowed him. He whispered several times trying to communicate something to his children in Kashmiri but they could not understand it because he had never taught them his mother tongue.

Nagmai Noubahar Agar Mere Naseeb Mein Na Ho.
Is Dame Neem Soz Ko Tairi Nou Bahar Kar (Iqbal)
What Iqbal aspired in this verse for himself in the context of global ummatic renaissance, Mir Abdul Aziz had same aspirations in local context with regard to emancipation of Kashmiri Muslims. Although he was not destined to see the dawn of freedom of Kashmir, yet he wrote for it and lived for it until the last breath of his life.