TYRIST WITH OFFICIAL APPROACH TO KASHMIR HISTORY

Dr.Sheikh Showkat Hussain

After Indian forces landed in Kashmir on 27^th October 1947 Sheikh Mohammad Abdullah told us that we have gained independence after four centuries of subjugation.. This led the pro-establishment intellectuals to develop a paradigm within which along with Dogra and Sikh rule, Afghan and Mughal periods came within the definition of colonial rule for Kashmir. This despite the fact that it were Kashmiris who invited Mughals and Afghans to Kashmir to get rid of repressive regimes. This despite the fact that Kashmiris rallied around the last Sikh governor.Imamud-din to oppose the advent of British supported Dogra ruler Gulab Singh. There was another paradox associated with this approach. We cherished Mughal gardens on one hand and were to believe that Mughal rule in Kashmir was an alien rule. It was a similar paradox which infested Hindu nationalists of India who on one side cherished Taj Mahal as symbol of India’s beauty on the other hand resorted to demolition of Babri Masjid perceiving it to be a symbol of foreign subjugation. . One wonders why real symbols of subjugation are used with pride where as Mughal monuments perceived to be symbols of alien occupation by Hindu radicals. Rajtarangni mentions that the type of Dhoti used in north India was imposed by Lalta Datya upon north Indian population on his conquest.  When I raised these questions I was told that Mughals, Afghans, Sikhs and Dogras all were outsiders therefore I have to perceive their epoch’s as the eras of subjugation for Kashmir. It created one more question that was equally difficult to answer. How Dogra rule could be perceived as alien colonial rule when Dogra’s happened to be natives of the state. And if nativity of rulers is the sole criteria of ascertaining whether a particular period was colonial rule or non colonial rule then this criteria has to be extended to the pre Mughal era as well. I proceeded to ascertain nativity of pre-mughal rulers. All those whom I cherished had a foreign nativity.Budshah and Shahmeers were from Swat, Laltadatiya from Kangra and Kanishk was a Turkman.The logic that made Afghan and Mughal era as alien could proceed further back and was in fact extended by one Mr.Hangloo in a write up in Greater Kashmir who mentioned that subjugation of Kashmir started with the advent of Muryans because they were the ones who invaded Kashmir thus landed Kashmir into era of subordination. I pondered upon this xenophobic approach and applied the same to pre Mauryan era. When I proceeded with it I found no reason for not extending the era of occupation of Kashmir to the advent of Kashaprishi.  Kashaprishi according to both Rajtarangni and Nilmatpurana had come from outside and sought refuge of Nilnag the naga ruler of Kashmir .Thus paving way for an era of Aryan domination in Kashmir. I started to feel that our era of Kashmir history is pre Kashaprishi era. It was era of Nagas and Pischachas. I came to know through books of Anthropology that Nagas were pre-Aryan migrants from North-West. Every iota of my history got erased I was left with no history and no past of my own. I was bereft of any history of mine. Our poets plunged into self denial to such an extent that Syed Ali Hamdani (RA) didn’t qualify to be included within the anthem of our premier educational institution The Kashmir University, though all my religo-cultural traits, arts and modes of living were moulded by him. It was a complete alienation from my self and my past. Those who don’t have a past cant have a future.

 I turned to the academicians of history for rescue. What they provided to me were certain constructs created to serve and perpetuate the status quo. Status quo was being challenged on the basis of Pan Islamism. Indian establishment needed an antidote to blunt this challenge. Through these constructs of Kashmiriyat syncretism and Sufism, the Darbari “historians” sought to provide this antidote in lieu of petty favors. Kashmir was unfamiliar with this terminology prior to advent of Indian rule. Kashmiri Islam and Sufism were portrayed to be different from Islam followed elsewhere. The greatest Kashmiri Sufi, Sheikh Noor-u-din wali attributed origin of Reshi Silsila of mysticism to the Prophet (SAW) through Moulana Rumi and Owaise Karni. This portrayal of Kashmir History was based on a false assumption that Sufi version of Islam is closer to secularism thus positive towards Indian Nationalism. History communicates altogether a different story. The Conformist Deobandis in the sub-continent were in forefront of Indian national movement whereas pro Sufi Barely School was supporting Pakistan movement. I could not be rescued by these academicians.

Being student of International Law, I was familiar with the fact that it was only in 1919 that conquest became an unlawful mode of acquisition of territory through Article 10 of The Covenant of League of Nations. Nationality and Passport are a recent phenomenon. Whole of the world prior to past two centuries was open and globalized the way some aspire to see it again through the new phenomenon of globalization. The parochialism that was inducted into our outlook with emergence of Nationalism was not there .There was no trace of linguistic chauvinism either. Staunch Hindu Shivaji wrote in Persian. Same was done by Gulab Singh. He used Persian to write his autobiography “Gulab Nama” and deed of Hindu endowments Dharmath Trust. They were free from linguistic chauvinism introduced to us through Parochial-Nationalism.

When I looked at my history through this normative framework I felt that my previous approach was wrong. Sheikh Abdullah wanted me to look at previous epochs of history through the prism of present day notions of Nationalism. Realizing this I started to look at history from a different perspective. Whosoever came to Kashmir in previous epochs did a right thing in view of the normative framework of those times. I had to look upon them from the perspective of their governance rather than nativity. The criterion of good or bad rulers was the extent to which these  rulers had been benevolent or oppressive towards this land and its people. Justice or  Adle thus became the criteria of assessment good or bad governance . Once I adopted this approach, I started to own everything good and just.  It became my legacy. I started to abhor every tormentor  native or alien. At once whole of rich heritage of Kashmir became part of my history. Experience also contributed to the same understanding. The so called era of “freedom” since 1947 landed me in to a system which is accredited with electoral frauds(Bipinchandra),genocide and Ethnic cleansing of lakhs of my co-religionists in Jammu region, rapes ravaging from Shopian to Kunanposhipur and Checksadipora, deceit both at National and International level compelling me to observe 27^th October, the day Indian forces landed in Kashmir  as blackest day of my history. You find on this day every lane of Kashmir deserted every class room empty and every human being mourning the so called day of deliverance.

Summary of a presentation made in a seminar of History Department, University of Kashmir

My Self, My History

The book slated to be released tomorrow, Saturday, is an attempt to retrieve the people’s history of Kashmir

BOOK REVIEW by DR SHEIKH SHOWKAT HUSSAIN

Book: KASHMIRI MUSLIMS: A Historical out Line
Author: Muzzaffar Ahmad Khan,
Publisher: Humanizer Publications, Srinagar
Year: 2012

Kashmir has a long history of its own. The history dates back to pre-historic Paleolithic and Neolithic eras. Despite having earliest recorded classical sources as compared to other parts of the sub-continent predominant portion of the Kashmiri population has received a raw deal at the hands of those who have contributed to the historiography of Kashmir. Rajthrangni remains counterpart of the Firdausi’s Shahnama, the author is more concerned about language rather than authenticity of history. He Indianises every historical event and person to suit Sanskrit linguistic flavor.  Nilmat Purana is more oriented towards religion. Travelers of classical times Hiuen tSang, Marco Polo and Al-Beruni too project a hazy view of Kashmir. Medieval historians, be they Pandits like Shiriwar or biographers like Jahangir remain more focused on rulers rather than the population. The missionaries like Vigne and Biscoe too projected a negative view of the natives. Same remains true about Civil servants like Lawrence. Problem with these historians has been that they remained in close proximity and relied upon briefs of those who traditionally monopolized white collar jobs of Kashmir and always became willing collaborators of every tormentor of the majority. Unfortunately, the ones involved in hospitality of these foreigners depicted a character that was perceived to be embodiment of Kashmiri population in general and as a confirmation of maligned versions of Kashmiri character communicated to them by the translators.
 Attempts of Kashmiri historians too were influenced by the distortions made by native Pandits and others under their influence. This situation demanded a re-appraisal of Kashmir history from Muslim perspective. Though the job was done to some extent by GMD Sofi and Mohammad Din Fauq their works remain old and bereft of inputs made through recent researches. A valuable effort towards it has  also been made  by Prof. Abdul Ahad. The job demands a paradigm shift. Professor Muzzaffar Khan has precisely done this in his monumental work “Kashmiri Muslims.” The book comprises two volumes of more than five hundred pages each. The book is a treasure not only in terms of its content but also in context of its sources. The author not only relies on sources of Kashmir history but also history of its vicinities to explore material for his research. The work should have been done by the history departments of Kashmir University. The department however seems to be pre-occupied with Sufism and its impact upon Kashmiri life rather than developing new paradigms in the realm of history writing. In this respect the department didn’t proceed beyond   Kashmir under sultans of Professor Muheeb-Ul-Hassan.
                           Professor Muzzaffar Khan has looked at Muslim history of Kashmir from anthropological, linguistic, religious and cultural angles. He has deconstructed various myths that had been created as a result of state sponsored biased history. The myth that Kashmiris prior to advent of Islam were adherents of Hindu faith, happened to be Brahmans and natives had all together vanished has effectively been exposed by the learned author. The author then proceeds to analyze  situation  of the Muslims during the rule of various dynasties, whether these remained  local Sultans, Mughals, Pathans, Sikhs or Dogras. The author has effectively depicted the fact that so called periods of oppression of the minority communities was results of feuds between the exploiting classes of which the minority remained a part and had nothing to do with the majority community. The author has highlighted the misrule of Chaks and the reasons that led Kashmiris to seek support from Mughals in order to get rid of the despotism to which Chaks subjected them. The exploitation and plunder to which Kashmiris were subjected during Sikh and Dogra rule and role of local collaborates in this pursuit too has been highlighted.
Second volume of this monumental work concentrates on certain thematic issues confronting the Muslim majority of Kashmir. Apart from their struggle against oppression in post and prior 1931 eras it includes an in-depth portrayal of Shia- Sunni, Muslims-Hindus relations and exposition of mismanagement to which Muslims have been subjected during the periods of democratic despotism which Kashmir has witnessed after 1947.The concoctions like Kashmiryat and the myth of Jesus in Kashmir too have been analysed.  The book along with recent interpretation of the poetry of Sheikh-Ul-Alam by Professor Ghulam Muhammad Shaad should be viewed as path breaking attempts aimed at projection of the subject from the Muslim point of view. These attempts need to be applauded in view of the fact that every aspect of our life remains target of state sponsored manipulations. The author however seems to have been unable to deconstruct the projected notions in two aspects. First pertains to portrayal of Reshis as vegetarians and the ones who remained secluded from social life. This narrative may be true about few Reshis but remains concoction so far as the leading Reshi order is concerned. Non vegetarian dishes are offered, relished and consumed on shrines of Sheikh Noor-Ud-Din, Sheikh Zain-Ud-Din and Sheikh Pyaam-Ud-Din and their poetry depicts a different connotation than that has been continuously propagated.
Grimut chenus dodh gave khenas, maaz desheth loubh keazi henas, batun huind soochar dreint kate aav
  The second important area where the author has failed to depart from the older constructs remains projection of magnitude of prostitution in Kashmir. The exaggerated versions are nothing but impressions prepared by non-natives under the influence of those who have been always looking for avenues of maligning Kashmiri Muslim majority. The book otherwise remains a great work which deserve publication from a well established international publishing house and inclusion within prescribed texts at masters level. The book needs to be published on other side of Line of control as well so that it serves the needs of researchers and students there. 

 Published in Greater Kashmir dated 12 October, 2012 

Building Bridges with Resurgent Islam

S M Krishna's recent meet with Muslim Brotherhood chief speaks volumes

HORIZONS BY DR.SHEIKH SHOWKAT HUSSAIN

During his trip to Egypt, Indian Foreign minister, S M Krishna made it a point to meet the chief of Muslim brotherhood in Egypt. This is a symbolic gesture in pursuit of coming to terms with emerging realities of the Muslim world. But facts which confront the globe in general and India in particular demand that these endeavors should go beyond symbolism. Ever since Muslim world was overtaken by the West in the era of colonization it triggered divergent trends among Muslims. Those who perceived Western imperialism to be  a new manifestation of old Alexandrian dream of the globe under Western superiority opted an approach of absolute rejection towards everything Western. There were others who understood ascendance of the West as a logical consequence of the renaissance and wanted a similar process within Muslim community. They wanted the Muslim world to imbibe positives of the West in order to match it. The former approach was symbolized by Jamal din Afghani internationally and Deoband locally. Present day Taliban remain a vestige of this thought. The latter approach remained the guiding principle of Aligarh movement led by Sir Syed Ahmad Khan. Both these approaches suffered from a deficit of deeper understanding of the West and can be described as knee jerk reactions to an unanticipated domination of the colonial powers. Turkey the seat of Ottoman Khilafat under Kamal Ataturk became laboratory for experimentation of the second approach.
 Both the rejectionist and the positive approaches however metamorphosed into a new response which had better understanding of the West as well as Islam in the thought process of Sir Muhammad Iqbal. He evaluated the Western thought process and identified the areas that could be opted and the areas which didn't suit the basic tenants of Islamic Civilization. Iqbal represented a matured synthesis of previous two approaches. Essence of his thought was for renaissance of ummah within the framework of original sources of Islam and reinterpreting the same in context of space and time of modern era. Thoughts of Iqbal however remained poetic abstractions.  Rashid Ridah advocated similar ideas through his Almanar in the Arab World.    Essence of this thought process was developed in the form of systematic doctrine by Abul Ala Maudoodi in the sub continent and Hassan al Bana in Egypt.
They laid down the foundation of two simultaneous Islamic movements based on revival of the spirit of ijtihad (reinterpretation) and jihad (efforts for implementation). The thought of Ikhwan and Jamaa’t catalyzed similar movements in other parts of the Muslim world. Ideology of these remained same. The thrust of these movements however, to a great extent was oriented by the local situations which they confronted.  For quite some time they were not taken seriously by the global powers. At times however, they were perceived as tools of fighting the rival ideology during cold war era. Soviets and Chinese were positive towards Iranian revolutionaries perceiving them to be their own instruments in letting down a pro -Western regime of Raza Shah Phalvi. The West too was supportive of Islamists while they were fighting the regimes owing allegiance to socialist Ideology. During cold war most of the dictators in Middle East were in proximity of Soviets. It was logical for the West to be positive towards any opposition against them. This proximity reached to its climax during Afghan war.
Arab Spring has made it clear that Islam as an ideology and the way of life has become a dominant discourse and a force within the Muslim world. Turkey is abandoning Kamalism and is in process of rediscovering its Ottoman & Islamic roots. 
       India can' t remain indifferent to this emerging reality. Meeting of Krishna with Muslim Brotherhood chief must be seen in this backdrop. The question however remains whether this symbolic effort will suffice to understand and deal with this phenomenon. Whatever be estimation of the Indian foreign office skepticism is likely to dominate the relations between India and Islamic Middle East despite these gestures. There are historic, domestic & strategic reasons for it. Indian proximity with Israel & Indo-Pak friction always remains factor in Indo-Arab relations. With ascendance of resurgent Islam this arena is likely to assume extra importance. Kashmir & Communal riots in Inia have remained focus of Islamic Movements across the globe. One can't overlook shadow of these over relations between India & Arab world ruled by Islamists. Relation between the state and Islamic Movements within India too is a potential factor in this domain. No one should expect India to be perceived as friend by Islamists overseas while it remains vindictive to groups professing the same ideology domestically.  Recession of minority development index (MDI) & honeymoon of India with Jamal Abdul Nasser while he was executing Muslim Brotherhood leadership remain two other potential impediments in the way of a trust worthy relationship between resurgent Islam & India. 
After demise of communism as a political power and end of the cold war, world has plunged in to new confrontation between resurgent Islam & the West.  Krishna is trying to sail through these troubled waters. Why can’t India adopt positive approach towards resurgent Islam and sail through this war fare as well? Prior to taking any policy initiative Indian state needs to address the potential irritants enumerated above.

Published in Greater Kashmir dated 29 March, 2012

Ind-toxicating General Knowledge

HIJACKING HISTORY

What they want is a complete saffronisation all colours. Painting history their own way is not only wicked, but farcical to say the least, comments Dr. Sheikh Showkat Hussain.

Within the Marxian paradigm, history is the most important theoretical weapon in the hands of the class which controls it. This perception of Marxists may or may not be true about every region of the world but applies in its totality to Kashmir situation. History like every other discipline has been used extensively as a tool of subjugation by those who dominate Kashmir. I have seen P N Oak claiming Taj Mahal to be a Hindu Palace and people predicting that soon he would be attributing construction of Lal Quila to Lal Bahadur Shastri. I had heard about communalist intoxication of text books during Bhartya Janta Party rule in India but what I experienced during a cursory view of a general knowledge compilation was distortion of Kashmir history by those who give us sermons of objectivity and unbaisedness. All shades of opinion across the globe have a consensus on the fact that Kashmiris converted to Islam as a result of Muslim missionaries like Bulbul Shah and Syed Ali Hamdani. Kashmir was not invaded by Muslims rather locals opted for Islam out of free will starting from the ruler Rinchan Shah. 
The same way all schools of Kashmiri thought converge on the point that 1931 is the beginning of Kashmiri reassertion and struggle against despotism. The State across LoC acknowledges it through its official functions on 13th July in memory of the Martyrs of 1931. Again every scholar and common man of Kashmir perceives that Sheikh Abdullah was sacked from Prime Ministership in 1953 because of his insistence on maintaining relations between India and Kashmir within the framework of and in accordance with the terms and conditions of the Instrument of Accession. All these historical facts are presented in a completely different way in Chronicle India supplement 2010, a general knowledge guide meant for students appearing in competitive exams. I do not want to rephrase the descriptions of the chronicle but simply reproduce these.
* 1394-1416: Central Asian ruler Sikander invades Kashmir and brings about mass conversion to Islam. After the tyranny of Sikander was over, only eleven Kashmiri Hindu families survive (P No1023).
*1931: One of the worst communal riots led by Sheikh Abdullah and his Muslim Conference (P No1023).
*AUG 9 1953: Sheikh Abdullah is arrested. He had turned corrupt and autocrat. He tried to hold India for ransom by giving increasingly anti India speeches and preserve his power (P No1025).
These are not the only distortions of the Kashmir history but few among the glaring ones mentioned within the supplement. While enumerating militant groups of Kashmir the authors didn’t forget to include Awami Action Committee of Mirwaiz Omer Farooq within these despite its moderate postures. Democratic freedom party of Shabir Shah, Jamaat-e-Islami, and Hurriyat Conference are other groups included within the list (P. No 1038). Al Qaida has also been depicted as a Kashmiri Militant group. Name of Jammu and Kashmir Liberation Front however, does not figure within the list, it seems bona fides of Gandhian credentials of Muhammad Yasin Malik have been accepted and have facilitated this exclusion. The list of Kashmiri politicians includes Indira Gandhi, Rajiv Gandhi, Motilal Nehru apart from Syed Ali Shah Geelani and Yasin Malik. 
Mirwaiz Omar Farooq has failed to find place among politicians probably on account of heading “two militant outfits Hurriyat Conference and Awami Action Committee”. Mirwaiz shouldn’t get disheartened as Mirwaiz Yousuf Shah and Choudary Ghulam Abbas too remain missing from the list. For obvious reasons Hashim Qureshi enjoys a prominent position within the list of politicians and precedes everyone right from Indira Gandhi to Yasin Malik. One wonders why Pandit Nehru has not qualified to be a Kashmiri Politician despite inclusion of everyone from his progeny and predecessors within the list. Equally surprising is the issue why Pakistani Politicians of Kashmiri origin like Prime Minister Khwaja Nazim ud din, Nawaz Sharif, Ishaq Dar, Mubasir Hassan and Sheikh Rashid are excluded from the list. One may ask if Indira Gandhi on account of her Kashmir ancestry qualifies to be a Kashmiri politician why not Ayatollah Khomeini for the same reasons.
Not a single Kashmiri Muslim apart from Sheikh Noor ud din Wali qualified to be a philosopher and a historian. The list of administrators, diplomats includes all the known and unknown Kashmiri Pandits.
It is obvious that the distortions are neither mistakes nor result of inadequacy of information rather deliberate attempts to intoxicate new generations of Kashmir with that version of history which suits status quo. The efforts started long back when study of Diniyaat, Persian and Arabic was banished from schools in 1976 along with Kashmir history and geography during the rule of Sheikh Muhammad Abdullah. Bereft of any knowledge about Kashmir new generations of Kashmir are now sought to be `Ind-toxicated’ through this distorted version of knowledge. Like every dominant power the status quoist version targets every segment of Kashmiri society. Sheikh Abdullah like every collaborator remains target of Indignation in the Chronicle. The version of history doesn’t have an iota of space for the moderates and drum-beaters of realism. The Chronicle supplement provides a clear and explicit about plans of the ones whom it represents.
Notwithstanding the opposition by several authors of the Indian Constitution including Dr. Ambedkar, its chief architect Article 370 was inserted in the Constitution of India. This article is meant as a temporary measure, to be in effect until the formal constitution of Jammu and Kashmir is drafted (P. No1024).
The Chronicle is not the beginning and the end of this `Ind-toxication’ campaign rather a part of it. Good will Yatras, Vidyalas, extensions of Delhi based Public schools, radio channels even the so called local TV channels constitute part of same game plan. Unfortunately apart from sloganeering Kashmiri society has failed to respond to this challenge. Elites and academicians instead of resisting this tirade remain instruments of this campaign by assuming the role of peddlers of this toxin. Results of this callousness are obvious while Neelofar and Asiya invoked negative publicity in Indian TV channels. Jessica Lal and Ruchika continue to consume most of the media attention. The only difference for this disparity being association of Asiya and Neelofar with the maligned subjugated community and those of Jessica and Ruchika with the ruling nation. Therein lies all the difference.

Published Greater Kashmir dated 06 Jan 2010

Resistance has a History of its own

KASHMIR – THEN AND NOW

THE PHENOMENON IS NOT NEW. IT ONLY CHANGED MODES. IT BEGUN IN ‘47 AND EVEN TODAY IT REFUSES TO DIE DOWN, COMMENTS DR. SHEIKH SHOWKAT HUSSAIN

Ever since Jammu and Kashmir State was annexed to India, Kashmiris continue to dispute legitimacy of this relation and perceive it to be a bond of subjugation. The modes of resistance assumed different forms during changing times. From 1947 to 1953, Political Conference of Ghulam Mohi-ud-Din Karra initiated it. The resistance at this juncture remained confined to pasting of posters and raising of slogans by students of S.P. College. Even these modes of resistance invoked harsh reactions from local administration led by Sheikh Muhammad Abdullah. In an era when switching on Radio Pakistan could invoke a reaction from “Khoftan Fakirs” (renegades of those times) indulging in pasting posters was fraught with horrifying repercussions. These included banishment to Pakistan administered Kashmir. This mode of resistance, however, played a role in mobilizing people. The mobilization manifested itself in the form of sloganeering at S.P. College on the eve of UN Commission’s visit and a similar scenario on a large scale at Eidgah during Moulana Abul Kalam Azad’s address to people on the occasion of Eid in 1953. The incidents were attributed to Sheikh Abdullah’s overt instigation and his administrative mismanagement. Sheikh was dismissed from Prime Ministership and detained. 
For a while, Bakshi Ghulam Muhammad managed to camouflage the resistance through his cultural carnivals and his goga terror (Kashmiri distortion for Urdu gurga). The situation, however, instead of improving deteriorated further with Mirza Afzal Beigh organizing the resistance through Plebiscite Front (1955-1975). Election boycott, non cooperation, Jail Bharo used to be ways of defiance at this juncture. The peaceful resistance reached its climax in 1963 during Moi Muqadus agitation. Congress government in Delhi instead of responding to popular resistance tried to blunt the people’s movement through economic packages, legal and administrative measures aimed at integration of the state with Indian union. Kashmir plunged into insurgency in 1965 catalyzing Indo-Pak war. Americans betrayed Pakistan and imposed embargo on supply of military hardware to it. 
The continuation of embargo made Pakistan vulnerable and resulted in its dismemberment in 1971. The Kashmir resistance opted for a ‘look-East policy’ and tried to emulate the strategy adopted by Sheikh Mujeeb-ur-Rahman’s Awami League for secession from Pakistan. The strategy involved participation in elections and using electoral mandate as a justification for separation. Delhi, scared of this mode of resistance, imposed a ban on Plebiscite Front and did not allow it to join electoral fray. Shiekh Abdullah could participate in elections only after he dumped Plebiscite Front and transformed it into National Conference. Other actors which included Jama’at-e-Islami and Awami Action Committee (AAC) were perceived to be too insignificant and allowed to join electoral fray directly or indirectly. Using elections for mobilization continued to be a policy with these groups until 1987. Whole of society, especially the younger generation participated in these elections with the same intention that the mandate will be used as a justification for secession. Rulers of Delhi too made it a point to manipulate the election results and triggered the militant phase of resistance. 
Youth disillusioned with electoral process for achievement of their aspirations ultimately resorted to gun in 1990. The events in Punjab and Afghanistan provided motivation for armed resistance. Defeat and dismemberment of Soviet Union at the hands of Afghan Mujahideen emboldened Kashmiri youth and militant resistance became a predominant way of fight for Azadi.  New Delhi responded with promises of negotiated settlement while at the same time using ruthless force to suppress the insurgency. Narasimha Rao, the then prime minister of India, promised self-rule with “Sky as its limit”. Despite use of third generation renegades (Nabid’s) the resistance didn’t subside. Forced by continuation of resistance, BJP government offered ceasefire to Hizbul Mujahideen. The pressure of resistance compelled it to the extent of sending its Foreign Minister, Jaswant Singh, along with Masood Azhar, the head of Jaish-e-Muhammad to Kandhar for negotiations. Vajpayee’s ceasefire offer to Hizb and Jaswant Singh’s visit to Kandhar was not a concession but a compulsion. Indian state also proceeded for negotiations with Pakistan with which it had lost the edge of superiority in conventional warfare on account of nuclearization of the subcontinent.  
While these processes were on, the events of 9/11 changed the equations in favour of India. US mobilized the world against all sorts of armed freedom movements and dubbed these as manifestations of terrorism. The tirade against the so-called “terrorism” was pursued with such ruthlessness that the mastermind of Kargil conflict, Gen Pervez Musharraf, lost his nerves. Musharraf embarked upon U-Turn in its Kashmir policy. Pakistani postures unnerved a segment of the Hurriyat leadership which too found in it an avenue of reconciliation with the status quo in the name of realism and self-rule. Indian state perceived War on Terror as a permanent phenomenon. Instead of taking advantage and settling the issue it engaged in hoodwinking the Kashmiris, while engaging in “do more” rhetoric towards Pakistan. The situation to their dismay proved to be temporary. American War on Terror started to prove as a biggest fiasco for the sole super power. On one side US continued to receive a beeline of body bags from Afghanistan on the other side its economy plunged into recession. The situation made Kashmiri masses to rejuvenate and adopt a different way of resistance. The ‘Look-East policy’ of pre-90s was substituted by policy of looking towards Middle East. Intifada of Palestinians became their role model. Youth and resilient segment of leadership started to use demonstrations and ensuing clashes involving throwing of stones as a new technique. There was nothing new in it in terms of modus operandi; the only new element within it was conscious involvement of committed youngsters. The 2008 Amarnath Land Row catalyzed a mass mobilization in favor of this mode of resistance. It dissipated all illusions about Kashmiris having reconciled to the status quo on account of depletion of levels of militancy. Kashmiri youth continued with this pattern of resistance even after Amarnath Land Row. The resistance, however, remained confined to towns and cities with leaders opting a lukewarm approach towards it. Some self-styled intellectuals and Muftis even ridiculed this mode of resistance. The Quit Kashmir Movement of Hurriyat Conference led by Syed Ali Shah Geelani and Civil Disobedience Movement of Hurriyat (M) however, conferred ownership and legitimacy to this mode of resistance. With Pakistan formally abandoning Musharraf’s four-point formula and different segments of Hurriyat speaking in same length and line, Kashmir again stands mobilized from one corner to another. The mobilization transcends even Amarnath agitation of 2008 and Moi Muqaddas agitation of 1963. The response to this movement has taken beyond Pir Panchal. It has created an impact in Chenab Valley, Poonch and Rajouri too. It has erased the illusions that Kashmiris have submitted to the status quo on account of their participation in elections. This new phase has enabled Kashmiris to manage survival of their resistance through worst times when their aspiration for Azadi was sought to be buried forever in the name of fight against terrorism. Rulers of Delhi are again behaving as ostriches by involving in acts of self-deceit through media censorship and oppression. This attitude is sought to be justified through misinterpretations and manipulations of agency sponsored Kashmir experts. New Delhi is probably waiting for departure of Americans from Afghanistan so that non-state actors again get a chance to get involved and Indian state ‘avails’ an opportunity of dispatching its Foreign Minister for negotiations to Kandhar. Those having confidence of defeating two super powers can prove to be more lethal than the ones India faced in 90’s. Being at war with it, Pakistani state too can’t control their Kashmir involvement. Irrespective of postures given through  recent Donors Conference at Kabul, Americans are surely leaving that country. The US too has confirmed it through reduction of four billion US dollar aid to the Karzai administration. No one in Kashmir expects Quit Kashmir Movement of Geelani and Civil Disobedience Movement of Mirwaiz to fetch them Azadi immediately, but these movements like Quit India Movement have surely mobilized the Kashmiri society for post 2011 scenario. Sense of non achievement can drive Kashmiri youth towards another cycle of insurgency. Every new phase of resistance in Kashmir has been more lethal than the preceding ones. Those defeated in Afghanistan can’t be expected of much help in such an eventuality. Instead of persuading Americans to stay in Afghanistan, Indian state needs to take bold initiative on Kashmir. This is the only way to deal with the situation instead of becoming its victim.

Published in Greater Kashmir dated 31 July 2010

Academics and Security Agencies

By Dr. Sheikh Showkat Hussain

Militarisation of civilian space has never sustained a system for long

In response to Kashmir Uprising of 2010 Indian Home Minister announced eight-point package. It included consideration for the revocation of some draconian laws like Armed Forces Special Powers Act and Disturbed Areas Act.

 The State Government immediately called a meeting of Unified Command in order to take decision relating to withdrawal of Disturbed Areas Act. The action of the state government depicted the malice within which State has plunged for several decades. Disturbed Areas Act is an Act of legislature. It is legislature which should have ultimate say relating to its continuation or withdrawal. Instead of deliberating on the issue in the legislature, the State thought it appropriate to sort out this issue within unified command, extra constitutional body powers of which are neither provided nor defined within basic law of the state. What this depicts is that there is a body over and above the legislature which is enjoying powers that were supposed to be exclusive domain of law makers.
The action of the state government was deplorable in another way also. The principles of natural justice demand that no one should be judge of his own cause. Disturbed Areas Act confers powers upon those who constitute the unified command. The ones who enjoy powers and immunities as a result of the legislation can’t be expected to remain unbiased while ascertaining the need for continuity or discontinuity of the law. What is true about unified command and legislature, same remains true about every other institution of the state. The institutions have abdicated their powers and the omnipresent security apparatus has occupied the space. The social welfare department has been replaced by Sadbhavana. The School education too is becoming the domain of security agencies. Sports activities are invariably organised by Law enforcing agencies. One needs to travel just two to three kilometres over highways to ascertain the traffic regulating role of Security forces. Migrant labourers often receive support of security personnel to settle their accounts with their employers. Even Bihari wives of Kashmiri men invoke the support of security pickets to harass their in-laws.
Recent episode pertaining to question papers is an extension of the same problem. Irrespective of the fact whether the contents of question papers did come within the mischief of law or not, the issue is which institution should have been the one to take cognizance of it at the first instance. And if that institution does not act, does it behove a different institution to plunge into the domain that is alien to it. What is manifested in the form of police taking cognizance of contents of question papers sue motto and those who were supposed to look into it remaining indifferent is reflective of a situation where institutions have been relegated to back seat and law and order enforcement agencies poke their nose into every sphere of civil life. And if the trend continues, tomorrow security agencies may have to establish paper-monitoring cell, media-monitoring cell. Security apparatus may have to create a Task Force to monitor the lessons that are imparted in classrooms, screening of the books that are provided within libraries. And in the era of revolution in the information technology an impossible task of censoring the materials which get depicted on various advanced sources of information.
There is nothing new in this trend; it remains a reincarnation of totalitarianism that was experienced within communist states during the cold war era. Regulation of the social and intellectual endeavour has been the mark of identity for totalitarian regimes throughout. Security apparatus overtakes every other institution in such regimentation. India too experienced this phenomenon during emergency days (1975-77). The family planning assignments were given to police instead of health officials. Police resorted to coercive sterilization of prisoners, college going students and those who travelled without railway tickets in order to fulfil the assigned quota. Even beggars didn’t escape fury of the sterilization campaign. It was indispensable consequence of involvement of police in family planning campaign. Induction of army and paramilitary forces in to the domain of civil administration is fraught with risk of much more vulgar ways of execution and in fact it is often experienced. Coercing people to free medical camps after a crackdown is just one instance of such eventuality. North Kashmir experienced a bizarre incident when a security agency made a VIP to flag of a bus of its own recruits instead of stone pelters for tour to India when later didn’t turn up.
Militarisation of civilian space has never sustained a system for long. Regimentation didn’t help in perpetuating the totalitarian regimes of East-Europe and Asia, nor did it benefit those who imposed emergency in India. On contrary institutional breakdown and regimentation has a potential of consuming those very regimes which use them for controlling the societies. In Kashmir, this attitude too can’t have any different results. Apart from tarnishing the image of the Indian state globally and perpetuating enhanced form of alienation that already exists nothing can be expected out of militarisation of civilian space. Abdication of powers by Civil Administration in favour of security agencies has already paralyzed the state apparatus and condition of statelessness remains a predominant phenomenon of Kashmir.  One was not surprised to find the arrest of Prof. Noor Muhammad attracting front page coverage in Washington Post. The Jammu and Kashmir High Court has done a commendable job by securing release of the academician. This, however, does not suffice unless the choked space of the institutions is restored and the lessons of limits of power are imparted to those who have intruded in to the realm of civilian life.

Published in Rising Kashmir dated 06 Jan 2011

US Torture And Wikileaks

DR. SHEIKH SHOWKAT HUSSAIN

Torture is one of the heinous crimes against humanity. It doesn’t only include physical torture but psychological one as well. Human Rights groups and political formations of Kashmir have always been complaining against rampant use of torture in Jammu and Kashmir by the state and its various instruments.

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It is forbidden under the provisions of Universal Declaration of Human Rights, Covenant on Civil and Political Rights. There is a specific convention pertaining to it in the form of Convention Against Torture (1984). India is yet to become party to this convention despite recommendations by the National Human Rights Commission for its ratification. Common Article 3 of the Geneva Conventions prohibits its use in Non-International armed conflicts.

India is a party to Geneva Conventions. Protecting people against torture remains an obligation for Indian State under various instruments of international law. In United States, courts have declared protection against torture, a rule of customary international law thus, binding upon parties as well as non parties to various international instruments.
It is now confirmed through Wikileaks that torture is rampant in the state of J&K and is commonly used against civilians. The various forms of torture enumerated in the Wikileaks include use of rollers, electric shocks, sexual abuse, beating, suspension from ceiling, crushing of muscles and other forms of physical assault. The embassy cables leaked are based on information’s gathered by the International Committee of Red Cross through interviews of 1296 detainees. Of these 65% (852) reported ill treatment, 52.54% (681) complained about being subjected to torture. 38.42 %( 498) were given electric shocks, 29.38% (381) had being suspended from ceiling, 23.3% (302) subjected to sexual assault and 22.68% (294) had suffered from crushing of muscles during torture. All the cases interviewed were from jails.   Detention centres other than jails did not remain open to the delegations of Red Cross.
It is an acknowledged fact that most of the torture occurs in detention centres other than jails.  Thus the existence of torture in all its  forms and manifestations pursued in Kashmir is not wholly covered by the leaks. There are hundreds of other methods and forms of torture which have been and are consistently used in the state of J&K. There is a high incidence of rhabdomyolysis (a disease caused by torture) in Jammu and Kashmir. Occurrence of the disease in Kashmir even surpasses the numbers that were infested by it during the Second World War. Rape too has been used as a mode of torture in Kashmir indiscriminately. The incidents from Shopain to Kunanposhpora are just symbols of malaise that has overtaken Kashmiri population.
In most of my discourses on human rights, I often blame Kashmiri’s for not highlighting their victimisation and impress upon them sensitivity of the international community towards human rights abuses. The fact that US and other global powers remained aware of the abuses and did not act is a shock for everyone who has been working for human rights in Kashmir. Despite information from the most authentic, credible and neutral source ICRC, Americans failed to take any initiative against torture in Kashmir. Mere fact that US ambassador in Delhi communicated it to the State Department does not suffice to authenticate American credentials about Human Rights. Had such information emerged from any African, Latin American or Muslim country, Americans would have been in forefront for asking an international investigation, appointment of war-crime tribunal or imposition of sanctions against the country involved.
Indifference and no action on these reports depict what is commonly alleged in the Muslim World as double standards of American foreign policy. Since the victims of torture in Kashmir happen to be Muslims, therefore Americans didn’t find any need of pursuing this case despite the fact that most of those who suffered remain ordinary civilians as had rightly been pointed out by in the leaks. It was support of the Muslim world that enabled United States to sail through troubled waters of cold war era and gain victory over its rivals. Once Cold War was over US targeted Muslim countries one after another and remained indifferent towards sufferings of Muslim people.

Muslims are sought to be consoled by the eloquence and oratory of President Obama while US exploit every avenue of economic exploitation. American Foreign Policy has undergone a paradigm shift within past two decades. Concern for Human Rights, which used to be cornerstone of this foreign policy during cold war era, has been pushed aside by economic considerations. A state which serves American economic interests can perpetrate any sort of Human Rights abuses and war crimes, yet American administration will reward it with promises of support for a position in highest seats of power at international level. The states which are economically irrelevant can become targets of economic sanctions and isolation for a less degree of Human Rights abuses. What is true about Americans, same holds true about the governments in Delhi and Srinagar.
Torture was committed and is being committed by state agencies. Those in power can’t escape liability simply by blaming their predecessors and present opponents for torture. What is needed is a comprehensive probe into the allegations, identifying those involved and penalizing them. The job has to be assigned to some credible agency. Justice should not only be done, it should be seen to have been done. Local probes and investigations from New Delhi have lost all their credibility in the eyes of the victims. Same way, the remedies available at the level of judiciary as well as Human Rights Commissions have proved to be illusory for the victims simply because all this happened despite existence of these forums.  American rating and rating of those in power will only be ascertained by the actions which they take in response to the facts which have been established beyond doubt.

Demise of Interlocution

By taking sides, you have only abused this institution of Interlocution

VIEWPOINT BY DR. SHEIKH SHOWKAT HUSSAIN

Wherever there is a conflict, there are different ways to resolve it. It may be resolved through adjudication, mediation, and arbitration or through use of good offices of a third party. Interlocution is also one of the modes of peaceful resolution of disputes. It involves utilizing services of some neutral credible entities or individuals for building bridges between the disputing parties and hammering out a solution. Prerequisite for success of the process is neutrality and credibility of those who get involved in interlocution.  Despite negative impression about sincerity of the Indian state appointment of the interlocutors after last year’s agitation did generate a degree of hope. The reason for this was involvement of a new group of persons in it. They were not traditional Kashmir handlers rather new to this assignment. Traditionally Kashmir remained exclusive domain of Punjabis on both sides of border. They instead of addressing it transformed their preoccupation with Kashmir in to an avenue of organizing annual Punjabi Chopal with an aroma of Kashmiri cuisines for facilitation and justification of direct or indirect state hospitality.
 Basic flaw in the present phase of Interlocution however, remained involvement of an Indian Muslim in this business. Being the ones whose loyalties towards India are often questioned Muslim Indians tend to be more loyal than others. Having the burden of depicting their loyalty towards Indian state they cannot be expected to persuade the system to agree to a solution. Their involvement has been compounded by the fact that over the years Indian Muslims have been given the feeling that if Kashmir secedes it will have an adverse impact upon their position. Maulana Abul Kalam Azad could not escape this psyche when Nehru used him to negotiate with Sheikh Abdullah prior to Sheiks dismissal and detention in 1953.   Apprehensions proved right when we saw MM Ansari like a propagandist mentioning the heavy turnout in elections symbolizes abdication of a sentiment for azadi on the part of Kashmiris. World hardly digests this line of argumentation because it has seen almost hundred percent participation of people in elections within all regimented societies be they of Middle East or East Europe. Though other members of the commission didn’t subscribe to his views burden of proving loyalty made him to issue such a statement. 
 Whatever, traces of credibility remained with interlocution crashed completely after a recent TV discourse.   Radha Kumar, the moderate face of the interlocutor team claimed in a talk show on NDTV that those who want freedom in Kashmir are a minority whereas the majority of Kashmiris remains satisfied with status quo.  If she is true in her claim and sincerely believes in what she says, her team should have no hesitation in recommending self-determination as the mode of resolution of Kashmir dispute. With majority satisfied with status quo it is to the advantage of Indian state to demonstrate it before whole of the world.  All those who harp on Azadi will stand exposed and the Kashmir dispute will be settled for ever. She discredited the institution of interlocution for all times to come by claiming that most of those killed in Kashmir during past twenty years were killed by militants and not by Indian security agencies.  The second assertion on the part of the most moderate face of interlocution however, has exposed the worth of Indian postures of seeking solution to Kashmir through interlocution. Presuming that militants act with same degree of impunity as Indian forces do yet it is impossible that the number of abuses committed by them will be more or even at par with those  committed by the state forces who exceed them by several hundred thousand times in numbers. Number of militants in Kashmir according to Indian estimates does not exceed five hundred whereas number of Indian military personnel according to conservative estimates remains more than five hundred thousand. Militants depend on local population for support and logistics where as Indian security agencies suspect every Kashmiri to be a militant unless proved otherwise.  For Mr Dilip Padgoankar the only problem in Kashmir remains feeling of domination of valley within Ladakh & Jammu. 
 It is obvious from the language used by interlocutors that like every other mode of dispute resolution Indian state has used interlocution in Kashmir as a means of deceit and deception. At times it has also been used as a device of gaining time or diverting attention of the international community from the real issues involved. Interlocution in context of Kashmir is an old trait used again and again not as means of the dispute resolution but to deny its existence. Present phase of interlocution too remains infested with all these problems. In 2010 when Kashmir was fully mobilized and focus of attention for the international community it was resorted to with a view to impress upon the world that India is serious in its efforts of resolution of the long standing dispute. People expected that the interlocutors to depict a degree of neutrality. No one denies them right to have their views but everyone has a right to ask as to why those who are supposed to mediate express themselves in favor of a party to the dispute. Such statements have vindicated the stand of those who discarded this process from inception and refused to get engaged with interlocutors.

Published in Greater Kashmir dated 13 Aug 2011

Lessons from Turkish experience

The experience of Turkey has lessons for Kashmir

DR. SHEIKH SHOWKAT HUSSAIN

Ottoman Empire remained a problem for the West for five hundred centuries. It controlled all the trade routes connecting Europe with India, China and far East. With crusades going on trade between Europe and the east either remained at the mercy of Ottomans or blocked. It was this blockade of trade routes that the made the West desperate for sea routes towards the east. This disadvantage was transformed into an advantage through creation of huge naval fleets that finally facilitated discovery of Australia as well as America. Despite being portrayed as Sick Man of Europe, Ottoman Empire continued to be perceived as threat and rival. It was seat of Khilafat the potential rallying point of Muslims thus the West did not miss any opportunity to harm it. 
After failing to achieve anything through crusades, they resorted to ideological warfare. Emergence of nationalism which had played a role in fragmenting Europe into small nation states was used as a tool for dismemberment of Ottoman Empire. Through Sharif of Mecca and Lawrence of Arabia, dose of Arab nationalism was administered to Muslims of Middle East. They rebelled against Ottoman authority and provided a pretext to the western powers to dismantle the Empire. In reaction to Arab nationalism, Turks too got infested by Turkish Nationalism. The nationalism found its extreme manifestation in the ideology of Kamal Attaturk who proceeded to the extent of eradicating everything Arabic from Turkish culture and state craft. Turkey abandoned Shariah as law of the land in favor of secular laws imported from the Europe. Even recitation of Azaan in Arabic language was forbidden. 
Muslim cultural traits too were abdicated and substituted by European ones. The process of secularization of Turkey was pursued vigorously with the hope and expectation that it will be treated as equal with Europeans. Despite ninety years of quest to seek parity with Europe Turkey failed to get full membership of European Union.  Turkish masses who were already skeptical about Europeanization started to support the groups who were in favor of pan Islamism rather than Turkish Nationalism. Islamists started to get increased share in the voting and finally, managed to wield the real power. New government started to look east. 
Deya ranj butoon nay Khuda yaad aaya.
In this process Turkey started to rediscover its roots. Enhanced trade and Political links with Muslim world inflated its fortunes both in economic and political terms. Turkey Started to reassert itself as a leader of Muslim world. The government which was among the first to recognize Israel dispatched freedom Flotilla towards Gaza. Turkey assumed a patronizing role for Arab spring and the revolutions that it triggered. For years Turkey aspired for to be equal to Europeans but it could not achieve the parity with Europeans in spite of submitting to their agenda in every aspect of life. 
The experience of Turkey has lessons for Kashmir. For past three decades we have been using a lot of our energies and man power to mobilize the US, UK &Europe in favor of Kashmir cause. Apart from using Kashmir as a trump card for fulfillment of their strategic and economic interests, western countries did not do anything substantial for resolution of Kashmiri dispute.  Instead it used Kashmir as a bargaining chip to pursue its foreign policy agenda. A recent instance of such an attitude can been seen in the humiliating treatment to which Mr. Ghulam Nabi Fai was subjected by the US administration. He was detained while US Secretary of State was in New Delhi. Timing of the action indicates that the initiative was aimed at appeasing the hosts.   What Kashmir experienced from West is not anyway different from the experience of other liberation struggles. Dozens of times Americans used their Veto power in favor of racist regime of South Africa. They always came to the rescue of Israel whenever world body tried to take any steps in favor of oppressed Palestinians. Same continues to be its attitude even now. The two state formula and acknowledgement of statehood of Palestine has received a lot of lip service from highest officials of the US administration. When Palestinians are aspiring to get enrolled as full member of UN, American administration irrespective of its pretentions is determined to block the enrollment of Palestine through use of Veto. French and British too follow the suit and oppose any attempt of Palestinians to get their homeland recognized as a state by the UN. In this scenario, is it not an opportune time for Kashmiris to look towards alternative and more credible avenues of support? Instead of investing human and material resource for mobilization of opinion within west why do not we invest our resources for same job within other centers of power and the Islamic world?  The results of this strategy are likely to remain more positive towards us as has been the experience of Turkey.  
Freedom struggles in various parts of the world have succeeded, despite opposition of Americans and its allies solely because of the support from Islamic and the third world countries. We too can reorient and reconsider our strategy and succeed in the same way. Democratization of the Arab world and increasing importance of Turkey provides us an avenue for reorienting our strategy. The growing proximity of India with Israel has already exposed the myth of pro-Arab and Pro-Muslim credentials of Indian State. Indians have annoyed Iranians by succumbing to American pressure on India-Pak-Iran gas pipeline. Dismantling of Babri Masjid and recurring communal riots have already unmasked the secular portrayal of India. Let us emulate the Turkish experience. Instead of looking towards the West let us revert back to our roots look  for the alternative  avenues of support.

Published in Greater Kashmir dated 25 Sept 2011

Debating AFSPA

History makes it clear that there is nothing new about the controversies pertaining to Armed Forces Special Powers Act

Dr Sheikh Showkat Hussain

Unlike previous summers, 2011 remained relatively calm and peaceful. The summer, however, remained associated with two important controversies pertaining to Kashmir situation. Tamil Nadu Assembly passed a resolution asking centre to grant amnesty to killers of Rajiv Gandhi. It put J&K legislatures in an embarrassing situation. Despite having much more powers than Tamil Nadu Assembly, the state legislature could not muster courage to pass a similar resolution about parliament attack convict Afzal Guru.

The state legislature lost whatever credibility it had for being indifferent to the plight of Afzal Guru. National Conference and PDP were accused of sabotaging the Assembly proceedings in order to avoid a discussion on a resolution relating to Afzal Guru. While they were trying to get respite from public fury on this issue, the controversy related to discovery of mass graves in vicinity of LoC cropped up. State Human Rights Commission endorsed presence of mass graves. The families of thousands of people who have gone missing during past two decades suspect that their loved ones have been buried within these graves after being killed in fake encounters and portrayed as militants ex-filtrating or infiltrating across LoC. The controversy pertaining to mass graves not only invoked attention of Indian electronic and print media but also got highlighted in the international media and European Parliament well. The central and the state government felt embarrassed and were looking for an avenue of diverting attention from these issues. Armed Forces Special Powers Act and the controversy relating to its revocation provided such an avenue.

The Act authorizes any officer of the armed forces not below the rank of JCO to target any one to the extent of causing death whom he suspects to be doing anything against law and order or carrying weapons or things that are capable of being used as weapons. Officer of the said rank can even blast any premises that are used or are likely to be used as a training camp or a hideout by an armed gang or an absconder wanted for any offence. The only thing that the officer concerned is required to do prior to such an act is to give a warning as he may consider necessary. The security forces are also authorised to enter within private premises without a warrant for search or for recovery of any person or property or explosive believed to be unlawfully kept over there. They also have powers to stop search and seize vehicles suspected of being used for carrying explosives or any person who is suspected of being associated with or likely to commit an offence. A member of armed forces accused of abuse of these powers he can only invoke legal proceedings with the prior permission of Indian government.

The Act is clearly against the international treaties on human rights to which Indian State is a party. Covenant on Civil and Political Rights does allow derogation during emergencies. The derogation, however, is not allowed in context of right to life, protection against torture, freedom of religion etc. The emergency has to be formal and derogating party has to communicate reasons, time span and the rights derogated to other parties.

AFSPA, on one side, exceeds beyond the limits of derogation by authorising deprivation of life, liberty, privacy and shelter. On the other side, it also takes away the rights to judicial remedies. The Act has been subject of controversies for a long time. Prime Minister Manmohan Singh acknowledged on August 15, 2005 in his speech from Red Fort that several aspects of the Act are against notions of basic human rights. He promised an amendment to this Act. Nothing of the sort has been done for past six years. Naga people’s movement of human rights challenged this Act in 1998. The Supreme Court of India which is supposed to be protector of human rights upheld its validity. The history makes it clear that there is nothing new about the controversies pertaining to Armed Forces Special Powers Act. The chief minister, however, revived these to divert the attention of world community from the issue of mass graves and his failure in facilitating legislative assembly in favour of Afzal Guru.

Strange aspect of the discourse relating to AFSPA, however, remains the modus operandi pursued by the state in the name of process of revocation of the Act. Instead of deliberating it in the representative assembly of the state, the discourse of the Act was initiated in the unified command.

Unified command is an extra constitutional body comprising of commanders of the very forces who enjoy immunity under this Act. Such an action on the part of the state makes it obvious that rule of law and the supremacy of the legislature in the state of Jammu and Kashmir remains the myth. The legislature is simply a camouflage to extra constitutional body which is operating in the name of unified command. By making the unified command to deliberate on revocation of APSPA the state also exposed the fact that the system in J&K does not have any regard for basic principles of natural justice. Cardinal principle of natural justice is that no one can judge of his own cause. The state by making Unified Command to deliberate on the issue makes those very security formation judge of a legislation of which itself is its main beneficiary. Latest move by the state to induct the provisions of Armed forces Special Powers Act within criminal procedure code sounds beginning of a process that will make security agencies immune from any legal action for all times to come. Such an initiative presupposes a permanent role of Army in civil administration. The security agencies otherwise choke the civilian space in J&K by getting involved in activities which are supposed within the domain of civil administration. They interfere with education, they get involved in sports activities, and they remain engaged in civic activities in the name of operation sadbhawna about which even the interlocutors have expressed their reservations.

For years Indian state has been portraying its army as the one which is disciplined and immune to any political influences. Continuous involvement of army in Kashmir seems to have reversed this orientation of Indian army. Its involvement in discourses related to revocation of Armed forces Special Powers Act conveys that Indian Army after tasting civilian powers has started to get addicted to these. The addiction may change priorities of army in context of its national politics as well.

Published in Rising Kashmir dated 16 Dec 2011