Nilacharal

Kashmir is an Issue

The Pakistani obsession to Kashmir would be thorn in the path towards peace and India needs to address it rather than sidetracking it. It is very unfortunate that a single issue holds Indo-Pak bilateral relation a hostage. The relationship has to be broad-based rather than unifocal. Having said that one should no ignore the fact that Kashmir is an important issue and India should be more prepared on this issue as the main opposition Cong-I advised the government. The statement from the Union Home Minister that there would be "no compromise on Kashmir" is absurd. "Compromise" with reference to Pakistan may mean giving up Kashmir. However we need to make compromised with Kashmiri people. Equally absurd is the demand for restoring Pre -1953 status. As Advani pointed out it would means shrinking the time and much water has flown after 1953..

The Prime minister should call for an All-Party meeting exclusively to get ourselves prepared on the issue of Kashmir. He may include recognized and unbiased intellectuals also in this meeting. He should lay before the entire nation an official publication on the truths about J&K, right from its legally unchallenged accession to India on October 26, 1947 and the extent of autonomy it enjoys, barring the details that may endanger our nation's security. The Centre should facilitate national level discussion based on this official publication and it must elicit the public opinion on this issue. There is no meaning in engaging ourselves in future talks either in New York during the UN meeting or during the SAARC meeting before the calendar turns to 2002, if we do not have a proper strategy (backed by the whole nation). The oft-repeated statements that "Kashmir an integral part of India" does not take us anywhere. No doubt that Kashmir issue has done great damage to India domestically and strategically. We should not allow Pakistan to cash on this issue anymore (in terms of casting a poor picture of India Internationally).

Capitalize on 1948 UN Resolution on Kashmir

In fact, India should capitalize on Pakistan's oft-repeated rhetoric on UN resolution on Kashmir. One should keep in mind that UN resolution of August 1948 on Kashmir with the promise of plebiscite came with two pre-conditions: withdrawal of Pak troops as well as its tribesmen from J&K, and reverting the administration to J&K to the State government of the day. By laying these two pre-conditions, 1948 UN resolution clearly identified Pakistan as the aggressor in J&K. This constituted the "core issue" of the 15 pronouncements UN made on Kashmir from January 17, 1948 to May 18, 1964. If Pakistan abides by the two pre-conditions today, India could go for a plebiscite within a reasonable time frame. Meanwhile, we should trifurcate J&K and improve the status of the Valley. We may even accept Azad Kashmir as a part of Pakistan. In return Pakistan should not insist on including Jammu and Ladakh in a final solution.

Trifurcate Jammu & Kashmir

This author pointed out in this column on 9thJuly that " the success of the Agra summit would greatly depend on the confidence that it would instill in a Kashmiri's mind". Whatever be the opinions expressed by different quarters, including the expressions and assessment made in this article, the fact is that Kashmiris are not enthused on the outcome of the Agra Summit. On that count, without any doubt, Agra summit is a major disappointment. We must do something to alleviate the sufferings of Kashmir people. With absolutely no flexibility on both sides, Kashmir would remain an unsolved issue for decades to come. India must attempt a step by step solution to Kashmir issue. We must trifurcate Jammu& Kashmir. Leh and Ladak are relatively much peaceful and can be made a Union Territory. The violence in Jammu is much less compared to valley and Hindus and Sikhs dominate this area. So even Jammu can be carved out as a Union Territory. This leaves only the Valley to be concentrated on. This would definitely make the task of improving the situation in Kashmir much easier. Above all, the government of India has to make sure that the funds meant for the development of the Valley reaches the people. It may not be a cliché to mention that people of Kashmir have to believe that the Indian government is sincere in their attempts to bring up their living conditions. Pakistan can fuel the problems is Kashmir but remember that the fire is spreading due to mal-administration also.

In fact, it is widely believed that the rumours on "trifurcation" strategy pressurized Musharraf to come to the negotiation table. This establishes the fruitfulness of this strategy if we could implement it. However, we must not use this strategy only as a psychological warfare. We must whole-heartedly go ahead with this strategy and improve the life of Kashmir people. If Kashmiris can be taken into confidence through this approach, we may even gain courage to include the "Independent State of Kashmir" as one of the solutions in case of a plebiscite / referendum, as we would then be confident that this choice would not be preferred by the people of Kashmir.

Be Considerate to Kashmiri Aspirations

For its own interests, India should try to win the hearts of Kashmiris rather than stopping with lip service. The Centre must acknowledge the reality that a large section of Kashmiris are not happy with the Central government in Delhi (the State government in Srinagar is hardly taken note of by the average Kashmiri) in spite of autonomy and concessions offered to Kashmir. The point can not be refuted that there is a considerable growth in terrorism over the recent years. It is also true that even if Pakistan does not interfere, the Central government can not give an assurance that the terrorist activities would be brought to nil. The fact that there is an "internal movement / violence" (read as "rebellious movement") in Kashmir (claimed by the Centre as an "integral part of India") against the Centre can not be winked at. The visionary leader like Mr Vajpayee must take the major political parties into confidence and initiate serious and sincere dialogue on the ways to win the hearts of Kashmiris. If any mainstream politician and bureaucrat of the day contest these expressions, may I pose a question to them - Are we sure of getting the Kashmiri vote in favour us if we now conduct a referendum or plebiscite in Jammu & Kashmir with a choice of "Independent State of Kashmir"? Personally this author is against an Independent State of Kashmir for two reasons: firstly, this was not at all an option to start with (even in 1947) and this came up thanks to fissiparous elements (even today a common man in Kashmir does not endorse this option), and secondly when the world is becoming a "global village", an independent small State is not in the interest of average Kashmiri. Being part of one of the two countries, India or Pakistan is more advantageous to Kashmir rather than becoming an independent State.

The least India could do to impress upon Kashmiris is to involve their representatives in any formal discussions. If there has to be a solution arrived at for Kashmir, it needs to be acceptable to Kashmir people. For the sake of implementation if not for arriving at a solution, it is important that India involves those who claim to represent Kashmiri aspirations in any dialogue. When we talk about Kashmiri representative, it does not mean only the Hurriyat. It is not wise to exclude them and they can not be considered as a third party. There should not be any room for political exigencies

Steps should be taken to facilitate free movement of Kashmiris across LoC (Uri-Chakoti crossing). An independent non-governmental citizen's commission should be set-up to monitor the implementation of agreements reached. Confidence Building Measures (CBMS) in the area of nuclear policy is very important and both the sides should faithfully implement the agreements on this. CBMS are important even for the demilitarization along the LoC and in Siachen. We must trifurcate Jammu and Kashmir and accord maximum autonomy to Kashmir. ....more