Wednesday, 7 August 2019

Do you need to butcher a spirit in order to save it?


Do you need to butcher a spirit in order to save it?

Nikhil, I am much more in agony than led by any feeling of venom. I am feeling depressed and sick. Venom you said, No! I don’t think my thoughts and my stance are brewing any poison, poison if any, let it be used as an antidote to the general euphoria of the recent decision. Yes, I do certainly feel bitterly angered at what is happening and the way it has been unleashed on to us, on to them, as we have hardly thought of them as ours. Once you would have read this opinion, you might just as well despise me for I am questioning a move that you so vehemently support, but in fact, to me, it looks far more dangerous, immoral, unethical and importantly, a move that may permanently tragically alter the course of our history – be it constitutional, political and social. I agree on doing away with 370 but my concern lies on a much wider canvass – that of the immediate and long term fallouts and of the violence that may ensue. You just might as well think – here is another JNU, tukde gang fellow, that let this guy burn in hell and I will be okay with it as let me tell you, dear friend, my conscience is clear, pure and not compromised like the ones in power. I intend the least harm to my soldiers, the army personnel (putting them first in priority) as also my fellow citizens, my brothers and sisters, irrespective of their religions in this tension driven state. Let me also state that I have no hard feelings for Prasad and may be, the timing of my comment was just a little misplaced. Apologies for the same, Prasad, come over and we can go for a beer!  

Well, your point on abrogation – that it would always have been forceful is something I am unable to come to terms with. Very difficult to accept but yes, I am trying to cope up with that. It will take some time. For me, being a pacifist, I feel talking to all stakeholders and taking them in consideration should have been done. Right now, all the party members of all the top parties are under arrest and jailed. All communication systems and other services have been suspended. If one thinks ‘the people’ are important, shouldn’t there be a way to address their issues? Today is the fourth day of curfew. Imagine if you were there with your pregnant wife in your house seeking a doctor or your hospitalized mother, wouldn’t you feel outraged? Would you let this happen, let’s say, in Maharashtra if the Congress in power had jailed all BJP-Sena leaders? Is this a democracy? It’s rather a mockery of it under the guise of bringing peace and stability to the region. The rampant militarization, the sudden Tughlaqesque measure and to worsen matters, the lack of any dialogue is going to only aggravate the distrust Kashmiris feel about India. It is going to further alienate the people of the state. I was yesterday listening to Dr. Farooq Abdullah in tears who said this was not the India that they had subscribed to and this is a breach of trust. All this isn’t going to go well with the people there, I alarm you. 

Chetan said Kashmir is integral part of India. Ok, fair enough. But, isn’t it Indian under duress and whether it would like to belong to India or not, is something we need to look at. Shouldn’t the Kashmiri people given the choice to decide their own fate? Let them decide once and for all what they want. I mean logically speaking, if there is a joint family of 3 brothers and one wanting to move out, should he be put under gun point to stay together or we should just let him go? See, integral means “necessary to make a whole complete; essential or fundamental.” In theory, why do we need Kashmir (with the Muslim separatists population, off course) to complete ourselves? Let them get f….d up by China or Pakistan. I think if we were to do a plebiscite there today, we would all know what the people really want and precisely for this same reason the Indian state and successive governments have been avoiding the plebiscite. They know very well that the plebiscite would point either to a separate state or towards Pakistan. However, keeping in mind our strategic interests, I think we shouldn’t do away with Kashmir. Thus, India should continue to possess Kashmir and if we want the land, we should rather accept the people (read Muslims) of the state as our own, and hence scrapping the article and treating them as equal, accepting them. Accepting the people would mean we embrace them with their differences. If we think of accepting them, letting them be amongst us, is that possible today? Let’s question the situation of our attitudes today vis-à-vis these people? How many Kashmiri people do we actually know? What do they eat? What literature they read? What do they really want? Do we have any idea about these things? What we know is that there is a Kashmiri dress à la Kashmir ki Kali, that Kashmir is a beautiful place full of gardens, apples and that there are lots of terrorists and they kill our army men. I don’t know anything more, what about you all? India needs to create a platform where we can feel mutual trust, a feeling of fraternity with people of Kashmir, which is not the case in my opinion.  

I was talking about the need for dialogues and the need to adopt them as our countrymen, something that has never happened as there is a profound sense of mistrust and suspicion on both sides, especially in Kashmiri people vis-à-vis the Indian state and vice versa too. Will any one of you meet a Kashmiri Muslim without a thought crossing your mind that he may have some terrorist links? Will any one of you let marry your sister and your brother to a Kashmiri Muslim family? Personally, I have been conditioned not to let that happen and I wonder you will agree with such an alliance. Deep down, we just want to own the land without caring about its occupants. And this is unfair. Let me give an analogy – very bad one, so be it… It’s unfortunate and unfair to impregnate forcefully a woman, take away her belongings, and abandon her along with her child, isn’t it? If one wishes to rape, so be it, let’s rape and then, at least in all humility, let’s accept the rape, own the child, accept the woman, irrespective of her caste, class, religion and her belongings as they are.
Nikhil raised three questions. First one, on whether the article will pass the litmus test. Hopefully, it will not as the previous judgment (2016) had said that the decision of the government flies in face of a 2016 judgment by a two-judge apex court Bench of (Retired) Justice Kurian Joseph and Justice Rohinton Fali Nariman, which had held that the provision had over the years acquired permanent space in the Constitution and could not be abrogated now. (https://www.business-standard.com/article/current-affairs/over-to-the-law-next-fight-over-article-370-could-move-to-supreme-court-119080501722_1.html

My cynical self says it will just be a formality. I have that much confidence now after having seen the bills past in the very recent past. Our dispensation has men everywhere, CBI, the courts, the RBI’s and wherever one needs to pull one’s strings. In case if all this doesn’t work, the raw, sheer muscle power of Ram Lakhan is such that it knows no bounds. In case, if a Supreme Court judge doesn’t comply by, that wouldn’t worry anyone but the judge himself for his life. (There was a Justice Loya who disappeared in thin air) So, by public opinion and by general consensus, as long as our leaders say they are doing something for the (Hindu) nation, let’s support all their injustices, massacres, rapes, moves like demonetization (which by the way has now stopped corruption and terrorism). The tragedy is under the name of nation and religion, all is permitted - murders, lynching, rapes, custodial deaths and now, curbing of basic civil rights. And, we are allowing this to happen because it is the party of liberals, of great parliamentarians like Advani and Vajpayee. 

Your second point concerns normalcy. Do you think, Nikhil, if you are put to house arrest even without letting you know the reason for the same, how would you feel? Chetan said no one wants a gunman outside his house every day and if there are 5 lakh boots without any clarification, it is going to infuriate anyone who is put to such an ordeal. Such a move, I repeat, is preparing a situation that is going to be removed from anything than ‘normal’. It is preparing all of us for a new normal – a Syria or Palastine like situation, which will be mass deployment of army personnel, possibly (hopefully not) a permanent feature of that state. Once the curfew goes sooner or later, it is going to be extremely tricky and volatile and I hope, I pray peace prevails then. Now, you may argue that such a move (communication services suspended and curfew) is for the benefit and safety of the society there. But, this is not acceptable as even during times of serious war (Kargil war), there was no suspension of any communication networks. The locking up of the whole state is unimaginable and not permissible. And yes, Pakistan will deal this blow in no easy way. I do give a good laugh at jokes pointed to Imran Khan but his statement yesterday was very strong – ‘Hope for the best and prepare for the worst’.    

Chetan said, story on ground of Kashmir is way different. It gives me the impression that one visit to Kashmir and the interaction at the airport have made him understand all the problems of the youth of Kashmir. Don’t feel bad but if such visits can be revealing, my brother, there have been so many official interlocutors to the state and yet, no solutions for the disgruntled youth. What you need in Kashmir are cinema halls, shopping malls, entertainment, yes, we want consumerism at its very best, in all parts of the country! You will have all this, dear friend, only if we get back to a livable normal life and that is going to be a very distant future, thanks to what happened on Monday. The same thing applies to purchasing of land. I mean, how many Kashmiri Pandits have gone back or are willing to go back in a situation as tense as it is today. And if the Pandits, the original residents, are not going back, what will I and Prasad do there? I feel so sorry for the Pandits who have been driven out of their homes. This is extremely sad, condemnable in the strongest words and unfortunate. Chetan suggested me to think of the Hindus and I do acknowledge their misery and I think we should think of ways of bringing them close to their homes. The present move is just doing that but, the way I see it, unless we have a peaceful Kashmir, the ghar vapasi for the Pandits will be a remote possibility.
Obviously, the present move caters to the majoritarian, Hindu voters and Amogh pointed that very rightly. The move is without an iota of doubt going to help them in Maharashtra. Patlya had a valid point that elections happen so occasionally that doing anything can be viewed as a ‘political’ move and that you have to do something at some point to solve the issue. The BJP are master stroke players when it comes to these things (like defecting MLAs in Goa, Karnataka, bringing in Presidents rule where required, going to bed with anyone that may help them to be in power, etc) and I always hope that their opposition can learn things from them to build something constructive. Patlya, BJP is very cunning, it doesn’t do anything without thinking of its application in electoral politics. Demonitisation (UP elections), Former PM Manmohan is meeting Pakistan Prime minister and eating Biryani! (I think it was Gujrat or Rajasthan, not sure), the apolitical interviews with Akshay Kumar, the TV apps, Pulwama attacks and hence, majboot sarkaar – before 2019 elections (they haven’t yet explained the intelligence failure by the way, neither the goofups relating to Rafale, but all that is ok as they are serving the nation). I would not say that they are doing the current move keeping in mind Maharashtra, but the benefit they are going to accrue is palpable from the responses we got on Whatsapp. 

Then, Nikhil gave a twisted argument is favour of the move saying every Indian should read article 370, its history. Yes, I agree on that front but the argument cannot be used to support a move in action. Let me explain. Does a couple make a baby and then, deliberate on it? If you are an Investment banker, do you first invest and then, think of different possibilities available to you and tell the stake holders, now that I have invested your money, let’s read in detail of the options that were available to us. The deliberations part should come much before a move is implemented, something that is missing again. And, it is for this reason that we need area experts, defense analysts, civil society participants to discuss and take a line of action. 

Chetan says it’s very easy to sit and talk like intellectuals. Had it not been for you, dear Chetan, I would have been offended. But let me ask you, what do you mean when you say ‘sit and talk’? Is it a kind of translation from Marathi which suggests (lok nusti charcha kartat, wayfal badbad aste..) that intellectuals have nothing else to do? Forget intellectuals, that’s too big a word. But, isn’t it our primary duty as a citizen to check the moves of our chosen leaders, ask them what they are doing and why? Or does citizenship comes only once in 5 years when we vote our favorite party and put our pictures on FB? Nikhil did answer this by saying we should question the motives of our leaders. But, is that even possible today? A letter written by film makers for an appeal to end hate crimes is shot with a sedition case! Isn’t this funny? A dark comedy is in place…

6 comments:

  1. Milind, if 1 of the family members wants to leave the family then let him go.. You don't need to penalise others for him. Kashmir is ours by land and also by its people. It amuses me when you talk of plebicite. Read the UN resolution and you will understand why plebicite cannot be held. Also, the so called leaders of Kashmir are responsible for preserving 370 and not letting rest of India intervene into Kashmir. Also, I don't understand why a Kashmiri is more special than any other Indian. You may keep your views but do think that the current state of Kashmir is due to prolonged use of 370 with 35A.you may also visit Kashmir sometime and you will realize that disturbance is only in 5 districts of Kashmir and not elsewhere. Even the villages on the LoC are with India.

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    1. You talked about penalizing in the very beginning. I didn’t quite understand that part. Please elaborate.
      The plebiscite issue – the UN resolution of which year are you referring to? Please share the link too.
      Preserving 370 and not letting rest of India intervene into Kashmir - You are blaming the leaders for ‘preserving 370’, if preserving an article provided by the constitution is illegal, then why do we have a constitution in the first place? If following the constitution is incorrect, then, there could potentially be an action against each of us. It’s incorrect to blame someone for using a provision of the constitution, for it’s his or her right to do so. Your claim of not letting the rest of India therefore doesn’t hold good.
      The current state of Kashmir is due to prolonged use of 370 with 35A – I never said no to this, do read my opinion in its entirety.
      Visit to Kashmir - To be fair enough, I think one random visit to any place/state isn’t sufficient to understand the situation comprehensively. I agree, I may get a vague idea of the situation by visiting a place but that is not just good enough (especially given the gravity of the situation and the lives at stake). I wonder if one visit will lead to a comprehensive understanding of the situation on the ground. To understand the situation better, I believe you need years of research, interactions, readings on the subject area (history of the region, of its geopolitics, knowledge of the cultures, the governing laws and so much more) to be aware of a continuously dynamic situation like Kashmir and to be able to make a reasonable sense of it. See, one visit isn’t sufficient because that visit itself is based on so many conditions – how long the visit is, whom we are talking to, where we are living, at what time we visited that place. Moreover, tourist visits are of a special nature and I don’t think they guarantee what is required to make a reasonable sense of the situation. And then, our experience itself of a place gives us an extremely fragmented vision of how things are. Your argument seems to be based on the idea that experience begets knowledge, which could be fallacious in the given context because how would you rationalize if I were to say each experience is unique and new in some or the other way? Your idea of getting a clear picture based on just one visit therefore looks untenable to me.

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  2. Milind,all my views are based on facts and research. My wife is a lawyer who has helped me in understanding the constitution and what commonly people don't understand about its interpretation.further, I have many friends and relatives in Army and Air force with whom I have discussed and gained first hand info.no one in JK except the stone pelters who are funded by hate mongers have any problem with India and its people. So,for your kind info my visit to Kashmir and interactions with people there made me fix my opinions. I would advise you to do your homework before making your opinions about others. I do not wish to comment further as you are hell bent proving others wrong. You may continue with your beliefs and viewpoints.

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  3. PART 1

    ‘...if there is a joint family of 3 brothers and one wanting to move out, should he be put under gun point to stay together or we should just let him go?’

    Utter genius and very self-servingly simplistic! Life is not as simple my friend. Lets add another fact to this scenario. The brother wanting to move out is doing so under the influence of a neighbour who does not have his best interests at heart. What should the other brothers do? Respect his wish to separate and perhaps let him get harmed in some way? Or should they make it their first priority to keep everyone together and then convince him about the benefits of staying together?

    You express very strong opinions on this subject and your friends seem to have their different ones. Of course, each one of us is entitled to our own opinions. In this age of excessive (and some lacking ethics) media coverage and social media opinions, there are enough sources to cite whatever argument we wish to put forth. At the end of the day almost all of us have no real information. Our opinion is not based on facts or first hand knowledge but on which news sources we choose to believe and which ones we choose to discredit.

    You clearly mention that you agree on doing away with Article 370, and I agree. However below are some of my opinions on this subject.

    First things first, this issue is not about religion. Yes, J&K currently has a majority Muslim population. So what? There are other states in India that have non-Hindu majorities i.e. Sikhs or Christians or Buddhists. India is a secular country. When people of all religions in the rest of the country follow the same constitution and law, there is no reason the use religion as a crutch for any arguments relating to J&K.

    Secondly, your contention that Kashmiri people should be given a choice to decide whether they want to be a part of India or Pakistan or independent – why should they have this special right? At the time of independence the ruler of the state chose to accede to India. So did rulers of hundreds of princely states all over India. The residents of all these other regions were not asked which of these three options is their preferred one. A plebiscite is a dangerous precedent to set. Tomorrow each state (and sometimes small regions within a state) may want independent status. Allowing for such plebiscites is an unnecessary risk on the sovereignty of India. Constitution of India is supreme. Any person living in the geographical boundaries of India should be required to abide by it. One state cannot have a separate constitution. If you support Kashmiris in regard to Article 370, would you similarly support if say Shiv Sena were to demand constitutional protection to jobs and ownership of property in the state? Or would you term it as an intolerant, divisive move?

    For the sake of argument if a plebiscite is called, how do we solve the practical issues involved? Who is entitled to vote? Residents from 1947? What if they are dead? What if they have migrated? How do you verify veracity of residency claims? Some households from 1947 may now have 50 adults and some may have 20 depending on number of children in each generation, so do they get 1 vote per household or 1 for each adult? Will people of POK and Gilgit-Baltistan also be allowed to vote? Will the plebiscite consider the whole region as one unit or will Kashmir valley, Jammu, Ladakh and Gilgit-Baltistan be considered separate regions? How do you ensure free and fair voting on both sides of the border? Biggest question – who has the authority to set these parameters? Indian government? Indian parliament? Pakistan government? Pakistan parliament? Donald Trump? UN Security Council (majority of who have a vested interest in keeping J&K unstable to protect their arms & ammunition industries)? And what about those who vote for a different outcome then that supported by the majority in the plebiscite? Another partition-esque migration?

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  4. Thirdly, as regards the constitutional validity of the move, almost none of the people expressing an opinion on this are experts on the constitution and the applicable laws. I would rather wait for the judiciary to consider the objections, if anyone appeals in court and pass a suitable judgement. Anyways, if the objections are procedural, the government can redo the procedure and avoid the lapses!

    Lastly, and not necessarily restricted to Kashmir, it appears you are not a fan of the BJP government or atleast some of its decisions. Fortunately or unfortunately we do not live in an utopia. We live in a democracy. Every five years we get a chance to choose the best among the alternative options or you could say the lesser of the evils. If majority of the voting population does not agree with your choice, too bad! You can of course critic every action of the government, but there is a difference in criticising an action/policy of the government vs undermining the government or the country by questioning the authority of the government (within the boundaries of the constitution) or wishing for tukde tukde.

    Also why is it so much of an issue if this decision helps BJP in the state elections? Doesn’t it show that people support the decision of the government? BJP’s stance on this matter was known to voters from before the Lok Sabha elections and now they have implemented this stance. So why do you taint the decision by accusing of electoral considerations? Time and again, governments across party lines have tried to ‘bribe’ voters by promising freebies such as loan waivers, free TVs, reservations, etc. Such moves deserve condemnation. How is the move on Article 370 in the same boat though? Shouldn’t a government deserve to get credit for a decision the people support?

    As a side track, I am surprised that a wise person like you, who so clearly sees cunningness of politicians, fails to see that the biggest noise being made is by the political leaders of J&K. They have the most to lose. For years they have run the state as a fiefdom, taking the country’s budgetary allocation but not being constitutionally answerable to the country!

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  5. PART 3

    Besides this there are multiple places where you make statements which sound like statements of fact but I hope you intend to mention these as your opinions:

    • ‘... there is a profound sense of mistrust and suspicion on both sides, especially in Kashmiri people vis-à-vis the Indian state and vice versa too’ (How do you know without knowing enough Kashmiris? Is there mistrust between people and the Indian state, or the political leaders of the state and the Indian state?)

    • ‘...The tragedy is under the name of nation and religion, all is permitted - murders, lynching, rapes, custodial deaths and now, curbing of basic civil rights’ (Again, how do you know? Just because some members of the media have made it a storyline? All the news reports I have read make such generalisations but give only one or two cases as examples. Some of the examples are also as ridiculous as XYZ returned an award citing growing intolerance, so it must be true!)

    • ‘...The deliberations part should come much before a move is implemented, something that is missing again’ Deliberations have been going on since independence! There are plenty of records to show debates in parliament, discussions with kashmiri leaders, etc. Given the nature of the issue and the political compulsions of the all the parties (Government, opposition and state leaders) it is delusional to think any solution is going to please all.

    To conclude, these are just my thoughts. I write only to give my opinion and another side of the story. It may or may not change your opinion – that is not the objective! I don’t know whether the purpose of your post was to initiate a debate with your friends or to just rant. If the purpose was to have a debate, you need to be more open to others views. Debate the opinions of others, attack their opinions if you do not agree, but don’t attack the person. Don’t try to show up others as naive, uninformed or inferior. Tolerance begins at home my friend!

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