Putting Your Foot Into Your Mouth!
By Firdous Syed
10 August, 2007
Countercurrents.orgThe growing incidents of heinous crimes against women in Kashmir irrespective of intent and origin are not only a worrisome factor but a matter of grave concern for the whole society. The recent barbarous murder of a fourteen year old girl of Batapora, Langate in Kupwara district has shocked one and all. Tabinda Gani's rape and subsequent murder evoked sharp reactions and widespread condemnation from all quarters of the society. Though perceptibly a swift action by the police in apprehending the culprits helped to cool down the tempers of the agitating masses of the vicinity, but people will like to see a swift disposal of the case. The culprits need to be punished adequately and justice delivered speedily to act as an effective deterrence against the criminal elements in the future. While people were busy pressing for a speedy trail to punish the guilty, this dreadful incident was politicized thus generating another controversy.
The presence of two nonlocals among the four accused arrested raked up a different kind of issue. The migrant labourers were blamed for the rising crime graph of the valley. Some even went to the extent of viewing it as a concerted effort and design by Indian agencies to push the criminal elements into the valley to morally corrupt and criminalise the young generation here. Addressing a public meeting at Langate in Kupwara district on Tuesday the 24th of July, Syed Ali Shah Geelani said "majority of non-state subjects were professional criminals and they should be driven out of Kashmir in a civilised and dignified manner". As if taking a cue, militant organisations also joined the fray, and taking a step further, issued dead-lines and ultimatums to the migrant labourers to leave Kashmir. Some of these groups even advised the local population that, "Who have rented out accommodation to non-State Subjects, to see them off in a decent way and thus help in the eviction of outsiders from the Kashmir valley".
Although, after few days seemingly some good senses prevailed, Syed Ali Geelani, clarified, that, "only those non-locals who have criminal background and indulge in anti social activates should leave the valley" and militant organisation Hizbul Mujahideen, denied that "it has served an ultimatum to non-local labourers to leave the valley within a week," "only criminal elements among the non-locals would have to leave". But this in the end proves to be a kind of adding absurdity to the whole issue. Who will "separate chaff from the wheat"? How is it possible to distinguish a criminal among the tens of thousands of non-local labour working here in the valley? And moreover qualification or no qualification, the damage has been done and atmosphere stands vitiated to a great extend.
This is not the first time that the hard line separatist leadership by speaking illogically has put its foot in its mouth. On several occasions in the past also, the myopic and short sighted approach of a section of the separatist amalgam (that includes militant factions) has given bad name to the "Rights Movement" but this time around their off the cuff knee jerk reaction to a multi facet problem has put whole of Kashmir under a scanner.
There are several issues involved; first and foremost it is simple question of economics of "Demand and Supply". Supply is subservient to demand only and if there is demand it necessitates supply. Be it for the reason that Kashmiri youth has acquired some education and is inclined towards white collar job rather than a blue collar one or society has gained a relative degree of prosperity that it can not meet the growing demand of labour to keep pace with its developmental activities. Whether it is supply deficit or Kashmiri's are unwilling to do the menial job any more, Kashmir's economy is almost dependent upon the out side labour. Contrary to the popular perception that only construction activity is dependent upon the outside work force, in every field, be it agriculture, horticulture, tourism industry etc skilled or semi skilled outside labour is needed to keep the things moving. It is not only the industrial labour that is required to maintain a level of productivity, Kashmir even imports its barbers, sweet shop owners and even sweepers and broom makers from other states of India. With such a huge influx of labour from outside none can dispute the entry of some unwanted and anti social elements into the valley. But to term the all labour class as criminal will not only be a sheer exaggeration but also gross miss-representation of facts. If Kashmir today is prepared to do its scavenging and menial job's, it shall automatically dry the demand for the out side labour. We all know as a matter of fact it is not.
If it is not dichotomy then what is it ? Driven by hate and petty political considerations the life long preachers of universal Islamic appeal and social justice have turned into 'ultra nationalists' and 'Theo- fascist's'. Kashmir people have a beef against State and its wrong polices and not against people of India. It may seem a paradox, but it is a realty that poor people of India too are worst suffers of the wrong polices of their rulers that pushes them towards economic migration in search of employment. A criminal act of an individual can not and should not be reflective of the entire labour class here; one can not paint the whole body of people with a single stroke of brush. Then with such a stretch of imagination all the Muslim will have to leave Europe and America for a single act of terrorism by a member of the Muslim community, thousands of Kashmiri's working and studying out side Kashmir have to be prepared to get back home soon, as a single act of violence in India by a Kashmiri militant can bring worst kind of reprisals to the all Kashmiri Muslims living out side Kashmir. This behaviour can not be representative of a Rights Movement; it is simple madness.
During the first years of Bush Presidency, an American top level intellectual while on a visit to India was asked during a TV interview by an Indian Journalist, to explain a difference between President Clinton and President Bush's policy on Kashmir. His reply was "in President Clinton's time Kashmir was seen as a problem related to rights, and now it is viewed as a problem
associated with terrorism." The changed geo politics and events after 9/11 might have contributed in building present policy of Bush Administration towards Kashmir, but there can not be denial to the fact that the irresponsible behaviour of a section of the separatist leadership has also contributed in building of such an international opinion towards the Kashmir problem. The separatist leadership should ponder over and decide that, by such actions whose cause they are serving. One can tell from a distance that at least not of a genuine rights movement.Tailpiece: Hazrat Ali, the fourth caliph the first among the companions, cousin, and son in law of the Prophet of Islam is known for his legendry sense of Justice. Hazrat Ali was killed by Ibn Muljam al-Muradi in the wee hours of 19th of Ramdhan at Kofa in Iraq. The day before the incident Ibn Muljam was seen sharpening the blade of his sword and loudly speaking to his sword to get sharpened so that it be able to cut the neck of Ali the next day. This incident was reported to fourth caliph with a request to take action against Ibn Muljam. Hazrat Ali's profound reply shall remain to be a guiding principal and corner stone of the criminal justice system. He said: "How can I kill somebody on the basis of intent rather than an offence he has not committed wherein he has not killed me yet." In natural law of justice punishment can not be awarded on the basis of mere intent and it can not be pre-emptive rather.
(The writer is based at Srinagar, Kashmir, writes regularly for national and local newspapers, can be contacted at firdoussyed@ yahoo.com).
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