While the separatists dubbed New Delhi’s eight-point package as an eyewash and bereft of any political initiatives, common man in Kashmir is also disappointed on the Package which promises little more than removal of 16 bunkers and release of protestors arrested during the last three months. Haroon Mirani reports.
After much hype, and delay, New Delhi announced a “package” to calm the valley, where a popular unarmed uprising and the government crackdown has shutdown life since June 11 this summer. The widespread, large scale street protests have been a ‘headache’ for New Delhi as the events made it to the prime time news in electronic media and front pages of so called national newspapers.
The much touted eight-point ‘political package’ failed to arouse any enthusiasm in Kashmir as seven of the eight suggested points are apolitical, which come under the ambit of the state government. Experts say the strong opposition from other political parties and within the Congress itself also diminished the chances of any major political initiatives.
“The package is aimed at civil society and not for the separatists,” senior Indian National Congress leader Prithviraj Chavan said.
Before the Cabinet Committee Security failed to formulate a political package, selective leaks in the media had suggested that New Delhi was going to announce political measures to diffuse the crisis in Kashmir. As pressure from within and outside (from opposition BJP and the Army) the government mounted, New Delhi shirked from taking any initiatives.
Finally what was announced technically concerns New Delhi only in appointing of the group of interlocutors to talk with “political parties, groups, students, civil society…”
The 8-point package stipulates:
1. to appoint a group of Interlocutors for talks with political parties, groups, students, civil society.
2. State asked to release the arrested students for stone pelting and charges be withdrawn.
3. The family of each victim (killed after June 11) to get Rs 5 lakh as ex gratia.
4. Security forces deployment and areas under Disturbed Areas Act to be reviewed by Unified Command.
5. State asked to review the PSA cases.
6. State asked to open Educational institutions immediately.
7. Educational institutes to get Rs 100 cr additional assistance.
8. Two Special Task Forces to examine developmental needs of Jammu/Ladakh.
These points, which are either suggestions to the state government or an expression of intent, political watchers say, are bereft of any political consequences except the point which envisages appointment of interlocutors for talks.
Chief Minister Omar Abdullah had requested New Delhi to remove Armed Forces Special Powers Act from J&K and when there was stiff opposition from the various political parties and the army, he lobbied for its partial revocation from Srinagar, Ganderbal, Jammu and Samba districts, where army does not carry out operations.
Omar Abdullah’s insistence on removal of AFSPA, gave an impression that the law was the mother of all ills in Kashmir. However, during all this time the Disturbed Areas Act (DAA) which comes under state’s authority was never raised. The DAA not only provides for the implementation of AFSPA but also gives immunity to police and CRPF, which are largely responsible for the killings during the last three months.
Now with this package New Delhi has asked state government to take care of DAA. However, sources say police and CRPF is against removing DAA, which will strip police of all powers to act or even kill with impunity.
Faced with opposition from powerful police lobby, CM has brought the time tested tactic of appointing a review committee to review the DAA in the state.
Experts also see it as a ploy by New Delhi to save itself from opposition parties who are against any dilution of Army’s powers.
“BJP is opposing any such move (AFSPA dilution) and with this package New Delhi has asked the army itself to decide where it needs to thin out,” said Sheikh Showkat, who teaches law at Kashmir University. “Unified Command (UC) is a security grid controlling Kashmir where CM is a ceremonial head.”
New Delhi’s asking of UC to decide over the army withdrawal and areas under Disturbed Areas Act has also put at stake the utility and power of state legislature.
DAA is passed by state legislature and in an ideal situation the DAA should be revoked by cabinet and then endorsed by state legislature. “It simply proves UC is over and above state legislature,” said Showkat. “Normally security agencies are at the disposal of state but here it is the opposite.”
Such issues usually crop up in UC and there is regular discussion on matters related to deployment, redeployment or withdrawal of forces from different areas in the state. So the package looked more of a reminder than a concrete proposal.
The other points in the package, constitutionally, are the prerogative of the state government, which it could have dealt with without any orders from New Delhi.
Release of prisoners and law and order is the state’s domain and even without centre’s recommendation, the state’s home department reviews PSA cases and cases of other prisoners. New Delhi’s directive looked like a filler.
The package also included compensation to be given to victims of firing since June 11. Every affected family will get Rs five lakh. Again providing of compensation is a regular matter in the state looked after by many departments. Normally there is Rs One lakh and a job for a family who have lost their close relative to violence.
In the absence of job, Rs 4 lakh additional is given to the family, thus it adds up to Rs 5 lakh per family.
Ironically, the New Delhi tacitly agrees that the victims were innocents. The chief minister has all long maintained and even endorsed in the state assembly on the opening day of Autumn session, that those killed in police actions during the current unrest were innocents. But the package does not hint of any action against the ones responsible for the killings.
Chairman All Party Hurriyat Conference (G) Syed Ali Geelani ridiculed the government offer of Rs 5 lakh ex-gratia for the families of those killed in security forces’ firing and other actions during the unrest saying, “Now they have fixed (Rs) 5 lakh the price of the blood of our martyr. Even 5 crore can’t be substitute to it I must say.” Geelani said.
The interesting thing in the package, locals say, was to ask the state government to open educational institutes immediately. “It gave an impression that state had closed down educational institutes, whereas in reality the institutes were closing and opening in accordance with Hurriyat (G) calendar,” said Showkat.
Geelani was the first leader to outright reject the package terming it as an eye wash, time delaying tactic and a ploy to hoodwink.
Well before the announcement of the package, Geelani had proposed five conditions to start any dialogue process.
Geelani said the package was not in accordance with what he had asked for, “which could have created a conducive atmosphere for dialogue.”
“It does not address the core issue of Kashmir and is a deliberate attempt to buy time,” said Geelani reiterating his stance that there will be no change in their stance until five point proposal is accepted. “It is mere show, and the Hurriyat rejects it.”
He asked New Delhi to explicitly declare that Kashmir was not its integral part but a disputed territory. “They can’t hoodwink world community by calling Kashmir as their integral part and offering for dialogue in the same breath,” he asked. “New Delhi has never accepted the reality and this has caused the failure of 160 rounds of dialogue processes held since 1953,” he further added while asking New Delhi to “shun the intransigence and accept the reality”.
United Jihad Council chairman Syed Salahuddin too rejected New Delhi’s eight-point initiative on Kashmir.
Expressing views similar to Geelani, Salahudin in a statement said only the recognition of Kashmir’s disputed status could be the starting point for a process of resolution for Kashmir.
“Rather than following a policy of deceit and betrayal, Delhi must come forward to resolve the Kashmir issue once and for all,” the statement said. “The packages meant essentially to divert from the core issue will serve no purpose.”
Separatists also looked at the package as New Delhi’s another favour to state government, which has been in the hot seat for the last three months.
Chairman of the moderate faction of Hurriyat Conference Mirwaiz Omar Farooq termed the eight point package as “administrative in nature” which was “aimed at helping the beleaguered state government rather than solving Kashmir issue”.
Mirwaiz had earlier refrained from commenting on the package and had sought a detailed meeting of executive council to deliberate on the issue. The meeting was later held via teleconferencing as majority of leaders were under house arrest.
“The measures are administrative in nature which seems to be put in place to provide relief to the beleaguered state government and deliberately shift focus from the actual issue to providing compensation and concessions to people,” Mirwaiz was quoted in a statement.
Hurriyat accused India of showing lack of willingness to understand and address the basis issue, “despite All Party Delegation assessing the seriousness of the situation themselves in the state.”
Hurriyat (M) reiterated the urgency of involving Pakistan in the talks. The spokesman said that Hurriyat (M) had given certain suggestions to the Government of India for “meaningful tripartite dialogue” for the resolution of Kashmir issue, and these “were not considered”.
Though the two Hurriyat factions rejected the package, Jammu Kashmir Liberation Front emerged as a surprise among the separatists, as it did not totally reject the 8-point package. In a carefully worded statement JKLF refrained from commenting on the seven proposals of this package with what seems to be reluctant nod to the eighth point of dialogue.
Announcing the decisions after Executive Council of party held at party headquarters under the chairmanship of Mohammad Yasin Malik, a JKLF spokesman said, “We are ready and willing to engage and sustain a meaningful and irreversible process of sincere, purposeful and serious negotiations”.
JKLF has hinged its hopes on the proposals from centre and the mix of interlocutors. “JKLF will wait to see what Centre eventually proposes and then will assess what its reaction should be,” said the statement.
“If it emerges that this is a meaningful offer of a dialogue process that offers the real possibility of real results in terms of a political solution to the Kashmir dispute, then we will definitely consider it and deliberate over it carefully before determining our response at that time,” JKLF said.
JKLF looked impressed and inspired by the All Parties Delegation and use it as a beacon for making a common point among separatists.
“We should take a cue from what we witnessed last week. Different shades of political opinion in India, from Congress to BJP to the Communists, irrespective of their political differences came together and demonstrated a shared approach. Our wish is that we should rise above our own political differences here in Kashmir to put forward a shared approach (common front).”
The unionist parties were vocal in welcoming the package even if the opposition PDP made a cautious statement. Chief Minister Omar Abdullah welcomed the Centre’s decision to move towards finding a solution to the Kashmir problem.
Four points concern the state government and of that “we have already decided on one regarding opening of schools on Monday.” Omar said his government would take gradual steps to de-escalate the tension in the area.
“The Unified Headquarters will review areas under the Disturbed Areas Act but don’t expect results after the first meet, it will take time. We need to discuss how to reduce security forces’ footprint,” Omar Abdullah said.
The Opposition PDP, however, was guarded in its response. “The announcements made is a good beginning but it is to be seen how far the Government of India moves on these,” said PDP chief spokesman. “What has been announced must aim at reviving the trust-deficit, about which GoI has been talking.”
The BJP condemned the package. They even called for a general strike in Jammu to protest against what they called a Kashmir-centric package.
BJP State Spokesperson Ramesh Arora said the protest strike was held against discriminatory attitude of the government which recently announced 8-point package for Kashmir valley but left out Jammu. The party trumpeted its old slogan of discrimination and Jammu people being left out from any benefit. “Jammu is being punished for being patriotic,” said Arora.
Meanwhile, Kashmiri Pandit organisations have also come out in full opposition to what they termed as the concessions granted by New Delhi to Kashmir. They even criticised New Delhi for granting ex-gratia relief to the kin of those killed in recent unrest in Kashmir valley.
The Joint Forum of Kashmiri Pandit organisations including All State Kashmiri Pandit Conference, Panun Kashmir & Non-Camp Migrant Coordination Committee (NCMCC) are at the forefront of the opposition.
The package asked state government to convene a meeting of UC to decide the matters. The results of the meeting further baffled the separatists and general public. “After three months of agitation and 109 deaths what we got is removal of 16 bunkers and probable release of 50 persons,” said Ashraf Beig a lecturer, who had been chasing the hope from every CCS meeting in Delhi to All Party Delegation to Package announcement to UC meeting. “The black laws remain, the security agencies remain, the curfew remains, the curbs remain and the culprits remain with nothing to fear.”
