Oh Kashmir!

Kashmir is one of India's biggest colossal disasters. Regardless of the past, and whatever maybe the reason, India's inability to manage Muslim dominated areas of Kashmir has led to dire consequences.

One of the contributing issues to this situation is the Armed Forces (Special Powers) Act. AFSPA

https://en.wikipedia.org/wiki/Armed_Forces_(Special_Powers)_Act

It was a break down of Law and Order that resulted in the introduction of AFSPA. It is clear that this did not resolve the matter. It seems to have made matters worse.

The purpose of the Army is to defend the country. Soldiers are trained to kill/destroy enemy forces in case of an invasion. It is not the function of the Army to get involved in Law and Order issues in “Disturbed Areas”. That is the function of the local police. On occasion, during a crisis they would be assisted by the Central Reserve Police force.

In addition to the disastrous use of force to maintain Law & Order, there are multiple components at stake here:

• Pakistan's Jihadi attitude.
• The call for Azadi or merging with Pakistan
• India's stance on Kashmir
• Article 370

Pakistan's Jihadi Attitude:

The sparks to set things afire were initiated by Pakistan. India's AFSPA response to the “disturbances” added to the flames. The situation became explosive. Besides supporting the separatists, Pakistan engages and supports terrorist activities in Kashmir and other border areas. The response to this is beyond the scope of this opinion article.

The call for Azadi or merging with Pakistan:

What is being cast as a situation that requires a “political” solution is just another word for the majority Muslim population not wanting to be governed by a country where Hindus are a majority.

The following is an article that appeared in Outlook that interviews a few teenagers. It is ironic that they hold the peace sign in the photograph.

http://www.outlookindia.com/magazine/story/armed-with-the-original-weapon/297804

These are rebellious kids are addicted to their cause. When a child misbehaves, the parents usually steps in to disciplining them. In these cases the parents seem to have no control and the State has to step in. It is not possible to reason with them. The answer is to arrest and warn them once, twice and on the third incarcerate them in a boot camp where they are given continued excellent education along with disciple to make them productive citizens when they are released. They could be released if they provide a signed commitment that they will not engage in anti-State activity. If they break the commitment, it is back to boot camp.

Arundhati Roy is usually off the mark and impractical in her opinions, but her reporting is very relevant on the issues she reports on.

http://www.outlookindia.com/magazine/story/azadi/297536

While there are die hard “Azadi” zealots who are unyielding, it is not just a matter of what Kashmir wants. It is also a matter of what India expects of Kashmiris.

The following hard hitting opinion bears some truth and also indicates the depth of the problem.

http://www.outlookindia.com/magazine/story/stone-manifesto/297544

India spends on providing protection and Services to the Separatists who are calling for Azadi. Besides being outrages it tantamounts to stupidity. Paying for the very people who are against India's position. 

http://www.oneindia.com/india/india-spent-rs-356-crore-5-years-on-protection-privileges-for-kashmir-2202969.html

http://www.firstpost.com/india/kashmir-unrest-miffed-centre-to-toughen-stand-against-separatists-cut-funds-and-security-2993574.html

Kashmiriyat, Insaniyat (humanity) or Jamhooriyat (democracy), has been turned into Cash Me In, Insanity and Jihadi Jamboree. Inviting them for talks is fine, but if they cling to their position of demanding Secession, then there ought to be no seat for them at the table.

India's Stance on Kashmir:

India's stance on Kashmir has a lot to do regards the situation in Kashmir. In the past the approach seems to have been, we can talk, we will, we won't discuss Kashmir. Oh nol We will discuss anything but Kashmir. At least that is the perception people have. It has been a wishy washy approach to an issue that Pakistan and India have never agreed upon.

Some propose Kashmir ought to be given Independence. Really? Does that mean anytime there is a majority in a jurisdiction demanding Independence, it should be considered? What about the North East, and the agitation for Khalistan? On the International stage, what about Hong Kong? They have a different currency and would prefer autonomy from China. Besides “Kashmir” consists of Kashmir Valley, Jammu and Ladakh. All of these areas have strategic importance to India by way of rivers and border control. More autonomy is an option, not just for Kashmir, but under the federal structure of India applicable to all States. Independence is off the table.

It is only recently that thanks to the Modi administration that India has forcefully declared that Kashmir is an part of India. No ifs and buts, that is it. That said, any mention to the contrary has to been responded with, “Kashmir is an integral part of India”. This is the official party line and ought to be repeated as often as necessary if the topic is broached by any state or non-state party.

Second India has clearly stated that India will not discuss Kashmir with any external party. That means Pakistan, the UN and other external wannabe interlocutors. In this matter any discussion on Kashmir is “off the table.” It is strictly an internal affair and it is India's business to resolve. Any suggestion/approach by an external party ought to be responded with, “Sorry, Kashmir is an integral part of India, India will not entertain any discussion on Kashmir with anyone.” Finally, it's about time, this has been communicated by the Modi administration.

Third, India should politely refuse any discussion on this matter in the UN forum. India's position is that the past is the past. In the present context, with the new leadership, this is not an external issue that India will participate in the UN. The UN may bring this issue and discuss it, but India will not participate and will deny any resolution contrary to India's stated position.

Finally, Pakistan has to be put in its place. It has and continues to be a hostile and aggressive neighbour, behaving like a five year old child who is adamant that Kashmir belongs to it and will never give in. It is like a child that cannot be reasoned with. It will continue to whine, complain, cry to whoever will listen. India's message to Pakistan ought to be, “go to your time out corner, when you exhibit mature behaviour and India concurs, then and only then will there be bilateral talks. Until then India should break off all diplomatic and political interaction and communications. There are good people in Pakistan and it would benefit both countries if there are cultural, sports exchanges, cross border visits and business. By all means back channel discussion can continue. But from an official standpoint India treats Pakistan as “persona non grata”.

Article 370:

This is a major political issue. 

https://en.wikipedia.org/wiki/Article_370. 

One asymmetrical aspect is non-Kashmiris cannot buy land or own businesses in Kashmir, while Kashmiris can own land and businesses in the rest of India. Autonomy of all States should be entertained under the federal framework of India.

In Summary:

• The focus should be in establishing Law and Order without the army.
• Political discourse is confined to Jammu, Kashmir and Ladakh being an integral part of India.
• The house of Kashmir is in disorder and it is incumbent of Kashmiris to put it in order, with help from the Center. 
• Deal with the attempts by the hostile neighbour. 
• The army's role is to stop intrusion from the border and collaborate with internal security forces only on specific occasions when overt conflict occurs. 
• Establish three States; namely – Kashmir, Jammu snd Ladakh.
• Consider modifying Article 370 with the entire country in mind, with inputs from all the states.