Dissolving J & K Assembly is Unconstitutonal

jammu kashmir3

The unconstitutional act of the governor of Jammu and Kashmir in disallowing political parties to explore formation of a new government reflect that the Modi government is not interested in resolving the Kashmir issue, rather, it would like to use the sentiments of ‘nationalism’ during the elections. It is like playing with fire where a historical grievance of a community or a state is being used to flame passions in other parts of the country to play the political football.

Many of us did feel that a political governor in Jammu and Kashmir would do his best to bring all the political parties to negotiation table which would ultimately result in formation of the government. Many time, in the greater national interest, the so called ‘national’ parties have to play the second fiddle to honor the sentiments of the people of the state but it was clear that Satpal Malik was send to Kashmir to do political negotiations for BJP so that it can rule the state directly. The aim was to divide the polity of Kashmir further for the political interest of the Hindutva and hence Sajjad Lone was encouraged so that the dominance of political parties like National Conference and People’s Democratic Party is challenged or diluted.

Have we ever seen a government which is on war with its own people and destroying credibility of the institutions. We all know that situation in Kashmir in the last four years have deteriorated not because there is an increased violence but because the Centre has deliberately not shown any keenness to resolve it. Most of the ‘think tank’ attributing to the RSS feel that it is an issue need to be resolve ‘firmly’ which means give a free hand to armed forces to whatever they wish and do not allow any political process. It is the thought that ultimately it is the victory that matter, no matter by hook or by crook. It is the thought that the history is written by those who are victorious. Kashmir is a place which the Sangh want to win over by war and show it is a trophy to their bhakts who cry out day and night about abolishing the symbols of Islam in India, which they feel, are the symbols of our slavery.

Is not it surprising that governor did nothing when PDP government became a minority after withdrawal of support by the BJP. The government should have explored the situation then. After keeping the assembly in suspended animation the governor’s sudden feeling that the state cant have a stable government is nothing but a spineless surrender to the diktats of the centre. It is important to note that the government dissolved the Assembly on a day when there was a holiday and he refused to accept the letters from other opposition parties. The fact is that in an unprecedented show of unity, National Conference, PDP and Congress party came together and decided to approach the governor jointly to form the next government but the government at the center has other idea. It wanted to install a BJP government in J and K to fulfill Amit Shah-Narendra Modi’s dream to have a Hindutva government from Kashmir to northeast and right till Kerala where they are playing the dirtiest card of communalising the entire state in the name of Hindu sentiments.

The Governor Sat Pal Malik was a political person and he should have kept the interest of the state and the nation in mind. By dissolving the assembly without giving the political parties a chance to form government, Malik has actually acted against the spirit of the constitution. It means that whether a political person or a intelligence agent, the governor are only expected to do what the PMO want at the moment and the think tank led by Ajit Doval feel that history belong to them who win a battle and therefore victory is their war cry whatever way. They are ready to violate all the rights as long as it serves their purpose. It is deeply disturbing that the governor justifying his action and suggested that his fax machine was not working just to deny PDP-National Conference and Congress forming the government.

It is more disturbing to see how the the RSS appointee Ram Madhav who has no understanding of the issue immediately rushed to the media saying that the three parties wanted to form the government on the instructions of Pakistan. The thuggish way that Ram Madhav spoke reflect that the BJP and the center has never been serious to resolve the issue. How can you blame a government which has been there for years or a leader with whom your party was a partner in power just a few months back, as anti national. We can understand how serious is this government when it appoint Ram Madhav kind of person to look after party’s Jammu and Kashmir affair. If Madhav is serious in his allegation, he must provide the details and take action against all.

The problem with BJP is that it has betrayed the people’s mandate. The bubble of Gujarat model has burst. The developmental agenda is lost. Each day, our institutions are losing their autonomy and strength. It look as if this government is here to destroy all the institutions and just want to fight with its own people. It want Jammu and Kashmir but does not want to speak to people of Kashmir. It want to talk to the savarnas of India about Kashmir but not to the people in Kashmir. For the RSS brand of nationalism, they dont want Kashmiri Muslims but the geographical area of Kashmir as their Akhand Bharat but not to the people of Kashmir. Even if they think of people, perhaps for them, only the Hindus of Jammu are the people. It is despicable.

Kashmir need a warm hug from India, a soothing balm, which I said in the past. The youths need job and opportunities. Political voices need to be heard. Many brave journalists lost their lives just because they believe in political negotiations. Jammu Kashmir is not a military problem or an administrative issue but a political issue and need to be resolved through political negotiations. You will go nowhere if you discredit political parties who believe in constitution and rule of law. If you discredit PDP, National Conference, the left parties and even the Congress Party in Kashmir who have lost a number of their leaders fighting against hatred and violence, then you have no one to speak with. BJP and the RSS must not indulge in such petty politics in Kashmir. They can not treat Jammu Kashmir what they have been other parts of the country.

We know the case will come to the highest court of the law and the governor’s rule would be declared invalid but we know that it will take time to restore the government. Jammu and Kashmir need a deserving government which can restore normalcy and bring peace in the region. It is not possible without political talk and a free hand to the people’s representatives there to take positive confidence building steps. We must not shy away from the fact that historical issues cant be resolved through military might and they need political solutions and door must remain opened for all the stakeholders. Nothing is impossible if we have political will and have in people and common good. Making Kashmir an issue for general elections would fetch some votes but will be dangerous for unity and integrity of the country.

Vidya Bhushan Rawat is a social and human rights activist. He blogs at www.manukhsi.blogspot.com twitter @freetohumanity Email: [email protected]


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Vidya Bhushan Rawat

Vidya Bhushan Rawat is a social and human rights activist. He blogs at www.manukhsi.blogspot.com twitter @freetohumanity Email: [email protected]

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