Nyla Ali Khan
The ambiguous identity of a Kashmiri is one that some of us have had to live with for a while now. Indian nationalists are quick to claim their intractable hold on Kashmiris; Pakistani nationalists are just as quick to claim to speak for Kashmiris. Kashmir, despite having a real internal history and a place in the world, is suppressed by its positioning in the Indo-Pak conflict. Mainstream Kashmiri politicians culpably reiterate that â€œKashmir is an integral part of India,â€ in the process negating the peopleâ€™s voices and real existence. Separatists are just as quick to scrap that assertion with their vociferous calls for hartal, in the process sidelining the educational and psychological needs of the younger generation. New Delhi in its signature style is straddling the fence by underlining the need for â€˜dialogueâ€™ and â€˜quiet diplomacyâ€™ but not taking any substantive measures to â€˜talkâ€™ to Kashmiris. The profundity of memories and mourning of Kashmiris cannot be relegated to the background in official accounts of history. The aggressive statements, delusions of grandeur, melodramatic performances, and witty quips of Kashmiri mainstream politicians as well as separatist leaders have a short-lived glory and do nothing to alleviate the pain of anxious parents, destitute widows, bereaved mothers, vulnerable orphans, educated people unable to make a decent living.The unitary concept of nationalism that the nation-states of India and Pakistan subscribe to challenges the basic principle that the nation was founded on, namely, democracy. In the enthusiasm to nurture this nationalist project, the political autonomy endowed on J&K by the constitutional provisions of India should not be eroded. In October 1949, the Constituent Assembly of India reinforced the stipulation that New Delhiâ€™s jurisdiction in the state would remain limited to the categories of defence, foreign affairs, and communications, as underlined in the Instrument of Accession. This stipulation was provisional and its final status would be decided upon the resolution of the Kashmir issue. Subsequent to India acquiring the status of a republic in 1950, this constitutional provision enabled the incorporation of Article 370 into the Indian Constitution, which ratified the autonomous status of J&K within the Indian Union. Article 370 stipulates that New Delhi can legislate on the subjects of defence, foreign affairs, and communications only in just and equitable consultation with the government of the state of J&K, and can intervene on other subjects only with the consent of the J&K State Assembly. In contravention of the autonomy of J&K, two highly federalist statutes of the Indian Constitution, Articles 356 and 357, were enacted in J&K in 1964. These draconian articles enabled the central government to autocratically dismiss democratically elected state governments if it perceived a dismantling of the law and order machinery.
Accounts of the insurgency in Kashmir discount narratives that do not contribute to the deepening breach caused by the communalisation of the Kashmir issue and the zeal of Indian and Pakistani nationalism, according to which â€œKashmir is unquestionably an integral part of India,â€ or any peopleâ€™s movement in Kashmir is led by â€œanti-national militants,â€ or â€œPakistan is sincere in its attempts to resolve the Kashmir conundrumâ€ leaves out the politics of the people.Where are the genuine traumas and tribulations of the people in these accounts? Do we hear of the misery of a father who feels emasculated because he cannot fend for his family? Do we sense the anxiety of parents who are painfully aware that the productive years of their child are going by the wayside while the rest of the world is making strides? Are we aware of the frustration of politically savvy people whose opinions are made short shrift of by the powers that be? Do we understand the isolation of cultural and educational institutions? Do we see the erosion of the identity of people whose votes count but whose needs and opinions are overlooked? Do we see the legitimacy of peaceful protests and the illegitimacy of firing at unarmed protesters? The discourse of nationalism tries to make sense of the absurd loss of life that occurs. Human knowledge, however, is always tentative and arbitrary. We can learn to cross the frontiers of culture, nationality, language, and citizenship in order to make humanist responses to the belligerence of military powers and the ensuing human rights violations. Indian and Pakistani nationalism deploys the idea of citizenship and fraternity that unifies the entire community in the pursuit of a common goal. In order to assert itself, a nation-state needs to draw clearly etched borders so it can define itself in opposition to other nations.
The need of the day is for Indian civil society as well as the civil society in J&K to come forward and foreground rational and logical solutions to the political, psychological, cultural, economic, and educational paralysis in J&K without toeing the line of ultra right-wing nationalism. Repressive statutes, brutal acts, a corrupt political and bureaucratic infrastructure, pigeonholing Kashmiris as â€˜ignorant insurgentsâ€™, fomenting dissension within the ranks of the people can only undermine the human aspect of the Kashmir issue which no well-thinking, rational person, Indian or Pakistani nationalist should tolerate.