BJP will, for the first time, govern the Indian occupied Kashmir (IOK) along with People’s Democratic Party (PDP). The decision to form coalition government came after months of negotiations following the election held in December last year.
The BJP won 25 seats in the election whereas PDP was able to snatch 28 seats. Both the parties were not able to gain majority in 87-member assembly. Deadlock emerged on various issues between BJP and PDP, which resulted in the imposition of governor’s rule in IOK on January 9. There was a time when mainstream analysts were predicting the worst scenario, not because of deadlock, but because of PDP’s stance on various issues which directly are in conflict with BJP.
But then comes the unexpected twist, where we are witnessing an unholy alliance of two different parties, one is a combination of Hindu nationalists and the other claims to be a representative of Kashmiri aspirations.
But why was there a deadlock in the first place? One can safely assume that PDP never cared about the Hindi nationalist mentality of BJP.
Terms that could be negotiated against the agenda of BJP were perhaps the best deal PDP could get. In that case, they would manage to win the hearts and minds of Kashmiris.
Apparently, they did manage to strike a deal, but winning hearts and minds of Kashmiris is a different ballgame as they are well aware of political scenarios and developments.
Following the imposition of the governor’s rule and BJP’s defeat in Delhi election, PDP issued 11 proposals to BJP to form a coalition government in IOK. The major demands of PDP were as under:
1) Normalisation of ties with Pakistan
2) Talks with Hurriyet
3) Removal of AFSPA within one year
4) No fiddling with Article 370 of Indian constitution.
5) Return of power projects
After many rounds of negotiations, both BJP and PDP announced to form a collation government in IOK. Both parties claimed the key issues had been resolved.
All other points except the point related to Article 370 were part of PDP election campaign. But including the point of Article 370 depicts the fear factor looming in the occupied Kashmir.
What is Article 370?
India rules IOK through Article 370. The article is a ‘temporary provision’ which grants special autonomous status to IOK. The article states that except for defence, foreign affairs, finance and communications, the Indian parliament needs the concurrence of the IOK for applying all other laws.
The history of drafting Article 370 goes back to 1947. The provision was drafted in 1947 by Sheikh Abdullah who was appointed prime minister of IOK by Maharaja Hari Singh and Jawaharlal Nehru. Sheikh Abdullah had argued that Article 370 should not be placed under temporary provisions of the Constitution. He wanted ‘iron clad autonomy’ for the state, which India refused.
In 1949, then Indian Prime Minister Jawaharlal Nehru directed Sheikh Abdullah to consult Dr BR Ambedkar (the then law minister) to prepare the draft of a suitable article to be included in the Indian Constitution. Ambedkar refused to draft Article 370. The article was eventually drafted by Gopalaswami Ayyangar (minister without portfolio in the first Union Cabinet of India).
The original draft of Article 370 explained
“The government of the state means the person for the time being recognised by the President as the Maharaja of Jammu and Kashmir, acting on the advice of the Council of Ministers for the time being in office under the Maharaja’s Proclamation dated the fifth day of March, 1948.”
On November 15, 1952, it was changed as: “The government of the state means the person for the time being recognised by the President on the recommendation of the Legislative Assembly of the state as Sadr-e-Riyasat (now governor) of Jammu and Kashmir, acting on the advice of the Council of Ministers of the state for the time being in office.”
BJP Stance related to Article 370
The BJP opposed special status of IOK for several decades. Dr Shyama Prasad Mookerji, the first president of Jana Sangh and forerunner of Bharatiya Janata Party, was an inveterate opponent of Article 370. He died in a jail in IOK in 1953 while leading agitation against Article 370.
BJP believes that Article 370 has prevented IOK’s complete integration with India. The scrapping of Article 370 is a key political agenda for BJP’s ideological mentor RSS.
There was no mention of Article 370 in the BJP manifesto for the 2004 elections. But in 2009, the BJP’s manifesto said, “Article 370 poses a psychological barrier for the full integration of the people of Jammu and Kashmir with the national mainstream. The BJP remains committed to the abrogation of this article”. Again in its manifesto for 2014 election, BJP said it would discuss Article 370 with all stakeholders and remains committed to abrogation of this article.”
After securing victory in 2014 elections, BJP leaders, including Narendra Modi, campaigned extensively for the IOK election in December 2014. The BJP leaders were dreaming of securing majority in IOK state assembly.
How can Article 370 be made dysfunctional?
Technically speaking, the Indian president can declare that Article 370 ceases to be operative after the recommendation from the IOK’s state assembly. Two-third majority of IOK’s state assembly is required to realise the dream of BJP. But after 2014 IOK election, BJP is not in the position to scrap Article 370 because both PDP and Congress are standing in defence for the same.
If BJP, by any means necessary, scraps Article 370, this will change the nature of conflict in the region completely. Kashmir will be declared as a part of India, without taking the aspirations of Kashmiris into consideration from all sides. Moreover, laws which are applicable to other Indian states will then be applied to IOK. Not only it will escalate intensity of humanitarian crisis within Indian Occupied Kashmir, but will also violate the UN resolutions on Kashmir, in which the UN explicitly and by implications rejected India’s legal claims on Kashmir.
The world forums and bodies must look into this conflict and should play a part in implementation of this oldest UN resolution about an illegal occupation of Kashmir which has now been declared as the most militarised land on the face of the earth.
The writer is minister for social welfare in the Azad Kashmir government.