Without bringing entire J&K under secular forces, India cannot solve Kashmir problem. By Hem Raj Jain
07 Aug 2018
Threats of Kashmiris to not recognize accession of J&K to India if Article 35-A tinkered, extremely serious matter (ii)- Modi Government, till PoK retrieved, should do justice to J&K by retaining Article 370 & 35-A with gender equality (iii)- Without bringing entire J&K under secular forces, India can't solve Kashmir problem.
On July 4, 2018 practically entire Kashmir (its main stream political parties, associations of business, civil society, separatists etc) came on street and police and administration of Kashmir have also threatened Indian State that - 'if Article 35-A of the Constitution is tinkered with by Supreme Court of India (SCI) then they (even main stream parties) will not only go on strike but even accession of J&K to India will be questioned by Kashmiris' - as widely reported by media given at https://www.greaterkashmir.com/news/front-page/nc-no-accession-if-article-goes/292566.html and https://www.hindustantimes.com/india-news/protest-rallies-taken-out-by-pdp-nc-ahead-of-supreme-court-hearing-on-article-35a/story-8aMgNAPp6pBws930gBQu3M.html and https://www.ndtv.com/india-news/police-revolt-in-kashmir-if-top-court-scraps-article-35a-agencies-warn-1895298
God only knows when will Indians understand that the separation of religion and State has not come in Western Christian society for a song? Rather in and around 17 th century Christians laid down huge amount of lives and shed their immense blood (through war of religion etc) in Europe (from where USA too originated) for achieving secularism and free spirit.
There was no secular force of Hindu & Muslim communities with the result there was huge bloodshed between Hindus and Muslims in pre-partition India. Therefore India was partitioned due to two nation theory based on religion hence Muslim majority areas were given to Pakistan & Bangladesh (then West & East Pakistan).This was the reason the problems in Hyderabad, Junagarh etc (where Muslim rulers wanted to go to Pakistan) could be tackled easily merely by 'Police action' because Hindus were in majority in Hyderabad (and Hyderabad unlike J&K did not share boundary with either East or West Pakistan).
In a nut shell Hindu majority India can peacefully enjoy the territory of Muslim majority J&K (including PoK) only when this territory comes to India through blood (to be shed by Secular India) and not merely through water [the ink on the 'Instrument of Accession' or on Constitution of India or on unanimous resolution of Parliament which all meaninglessly (without any effort, worth the name to retrieve PoK) ,say that entire J&K is an integral part of India], as mentioned below-
(1)- Such rebellious attitude of Kashmiris is due to two reasons:-
(i)- Government of India (GOI) itself has practically made instrument of accession meaningless by so-far 'not retrieving PoK' which has rendered about half of J&K with Pakistan (directly through PoK or donated to China by Pakistan)
(ii)- Secular India (in contrast to theocratic Pakistan) so far has not been able to develop a genuinely secular party in India though secularism was the main reason for Muslim majority J&K to accede to secular India.
(2)- Hence PM Modi should now correct both these deficiencies of Indian State. First and foremost GOI on next hearing date after August, 26 should ask SCI to decide the issue on the basis of day-to-day hearing and should not cowardly ask SCI to delay the judgment in 35 â€“A case by taking excuse like of coming Panchayat elections in J&K.
(3)- The GOI should ask SCI not to give any ruling against Article 370 & 35 â€“ A of the Constitution (because without retrieving PoK Article 370 should not be removed, otherwise rest of India mischievously will try to change demography of Kashmir) EXCEPT removing gender bias in Article 35 â€“A (there are hundreds of women of J&K married to men from other states and their children are being deprived of basic Constitutional rights. Such a situation is particularly traumatic for women who marry 'outsiders' and later get widowed or divorced. They face additional trauma as their children have no future in the state. These provisions have more impact on women of the Jammu region because many areas of this part of the state are contiguous to Punjab and Himachal Pradesh. https://www.tribuneindia.com/news/jammu-kashmir/community/law-biased-against-women-who-marry-outside-the-state/374080.html ).
(4)- GOI should immediately start talks with Pakistan to handover PoK to India on table. In case Pakistan refuses to do so then GOI should start the process of retrieving PoK militarily.
(5)- The above mentioned measures by GOI will bring peace and allegiance of all the Kashmiris to India. But if some rebellious & misguided Kashmiris still question the accession of J&K to secular India (by coming on streets and indulging in criminal activities like stone pelting etc) during said process of retrieving PoK, then GOI should be prepared to put such misguided rebellious Kashmiris in Jail (preferably in open Jails out of Kashmir due their large numbers).
No doubt BJP's charge is correct that Congress party has messed-up the entire Kashmir issue during most of ~ 60 years of its rule at Centre. It is hoped that PM Modi of jingoist party BJP will solve the chronic & gory Kashmir problem by retrieving PoK, without any further delay (by showing the resolve & grit of former PM Indira Gandhi of Congress about military matters which, despite opposition from USA, she showed during 1971 war with Pakistan on the soil of Bangladesh).