Epilogue, November 2011 Issue by Epilogue Press

OTHER KASHMIR Britain in Kashmir: early links by SHAMS REHMAN

READING PAKISTAN What if US-Pak ties break? by D SUBA CHANDRAN

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Epilogue because there is more to know CONTENT PROLOGUE What is next engagement?

Chief Executive Tito Ganju

STRATEGIC THINKING Editor Zafar Iqbal Choudhary Publisher Yogesh Pandoh

What if US-Pak ties break?

Why is the Haqqani Network so Important?

MFN to India 'least favoured' in Pak: Kashmir as the attitudinal roadblock 8

Consulting Editor D. Suba Chandran Manu Srivastsa

Giving Kashmir an MFN chance

ESSENTIAL DOCUMENTS Associate Editors Tsewang Rigzin Zorawar Singh Jamwal

MAHARAJA HARI SINGH'S LETTER TO LORD MOUNTBATTEN 31

General Manager Kartavya Pandoh

ARTICLE 370 OF CONSTITUTION OF INDIA 34

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INSTRUMENT OF ACCESSION

Epilogue Vol 5, Issue 11 NOVRMBER 2011

DELHI AGREEMENT 1952

INDIRA - SHEIKH ACCORD 1975

REGIONAL AUTONOMY COMMITTEE, 1999 38 STATE AUTONOMY COMMITTEE, 1999 42

IN FOCUS What is in the Report? New Delhi's another Mission in Kashmir 11

Text of NDA Cabinet Decision on Jammu and Kashmir Autonomy Resolution 45

INTERVENTION

Many Formulae, No Consensus

Whither our Kashmiriyat?

The Inconclusive Mission

LADAKH AFFAIRS

Education or Literacy: Nomads at the Crossroads

Ladakh Against Corruption: The Anna Effect

Why it is still so bad, and what can we do about it?

Britain and Kashmir: the early links

Diary of Events 1947-2011

COLUMN Role of Mian Dido in the Making of the history of Subalterns in the Jammu Hills 54

PROLOGUE

What is next engagement?

ZAFAR CHOUDHARY

he three-member group of interlocutors on Jammu and Kashmir, com prising eminent journalist Dileep Padgaonkar, noted academician Radha Kumar and economist MM Ansari, has set a rare precedence of commitment to deadline by handing over their report on 'resolution of Kashmir issue' to the Home Minister of India. In the recent past we have had two more processes of interlocution -one through KC Pant and other through NN Vohra, the present Governor of Jammu and Kashmir. There is nothing in public knowledge about their exercise. In 2006 Prime Minister Manmohan Singh initiated a process of roundtable conferences which was followed by formation of five working groups. Their recommendations are yet to see full light of the day. The group of interlocutors was announced on October 13 last year after a consensus on such an exercise in a meeting of Parliamentarian from different parties. Before taking this 'key decision' they had visited Kashmir Valley in the middle of September 2010 when killings of protestors through security forces had crossed hundred mark. Even as the report stays sealed with the Home Minister who has indicated to make it public only after putting it to discussion before a meeting of all-party Parliamentarians, the initial leaked inputs fail to offer any inspiration. It was in a peculiar backdrop that this group came into being. There was a raging international debate following three years of unrelenting civilian protests indicate uncompromising urge of Kashmiris to force a change in status quo. It was at the height of such a surcharged atmosphere that the Government announced formation of a group of interlocutors to find out lasting resolution for Kashmir issue. While the report of interlocutors is expected to be more of developmental in nature with some specific suggestions on regional balance, there are indications of recommendations on greater autonomy -something the political mainstream has quarrelled over with New Delhi since 1953. The best way of being honest to grievances of the people of Jammu and Kashmir would be to treat the report of interlocutors as beginning of a larger process of settlement and not the end in itself. There is every reason to believe that the interlocutors have provided government of India with a fair home work to base its further engagements on. It would be in all fitness of things to have a small political group in place to initiate sustainable engagements with Kashmir's mainstream as well as off-stream with recommendations of interlocutors as guiding document. This issue of Epilogue looks at some of the similar processes in the past and also traces timeline of accords and discords between Jammu and Kashmir and New Delhi.

STRATEGIC THINKING READING PAKISTAN

What if US-Pak ties break? D SUBA CHANDRAN

A bill has already been introduced in the US Congress to cut aid to Pakistan, following the accusation that the Haqqani network has been functioning as a 'veritable arm' of the ISI in Afghanistan. Pakistan has retorted that such accusations will lead to the US losing Islamabad as an ally. What then if the alliance breaks up? What are the possible scenarios for US and Pakistan?

Question 1: Will Pakistan manage itself politically? What would the break-up of US-Pakistan mean for Pakistan politically? Both the polity and the military have invested heavily in the US since 2001. Ever since Pakistan made a U-turn almost ten years ago (read Gen Musharraf's memoirs), the present leadership has made substantial investments in US-Pakistan relations. While Nawaz Sharif and the leaders of religious political parties have opposed the US, the PPP initially led by Benazir Bhutto and now her husband Zardari have leaned completely towards the US. If the US-Pakistan relationship breaks now, it will be a disaster for the PPP in particular. Facing the next general elections shortly, both the PML-N and the religious parties will target the PPP for taking Pakistan down a suicidal path along with the US. Given the prevalent antiAmerican sentiments in Pakistan, Nawaz Sharif, Imran Khan and the religious political parties should have a field day. Will the PPP also join the bandwagon and sloganeer about being back-stabbed by the US? Perhaps. It would be a better strategy for the PPP to use the back-stabbing slogan than trying to defend its actions for going along with the US.

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Question 2: Will the military shift the blame on the civilian government? Pakistan's military will be the worst hit if there is a break-up in US-Pakistan relations. Traditionally, the military derived its external support from the Pentagon and the White House, which was used by Rawalpindi to keep the political leadership inside Pakistan under its thumb. Today, this traditional support by the Pentagon and White House is fast evaporating. In fact, they are likely to be the primary reasons for the break-up. The killing of Osama bin Laden and the anti-terrorist efforts by the Pakistani military has made many within Pakistan unhappy. The daring American raid well in Abbottabad, well within Pakistani territory, has made Pakistan's military the most vulnerable in terms of public opinion. If there is complete public anger against the US within Pakistan, a substantial segment is angry against their own military as well, for colluding with the Americans and not protecting their own interests. The military may well shift the blame on political leadership, and perhaps make Zardari and Gilani into scapegoats. Question 3: Will Pakistan lean towards China? While China may not want a failed Pakistan, it may not want to back its ally

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STRATEGIC THINKING READING PAKISTAN

beyond a certain level either. SinoUS and Sino-Indian relations will certainly play a crucial role in determining the extent of Chinese support to Pakistan. Besides, the Chinese are also apprehensive of growing jihadi threats in the region, centered in AfPak. While a section strongly believes China will come to Pakistan's rescue, this sentiment needs to be probed. In what ways will the Chinese come to help Pakistan, and for what objectives? One, Sino-Pak nuclear relations may continue as Indo-US relations grow further, especially in the nuclear field. The growing SinoIndian economic relations may perhaps dent the above collusion. On the economic side, Sino-Pak relations are unlikely to grow beyond a certain level. Bilateral trade between the two countries is insignificant. While China has invested substantially in Pakistan's infrastructural

projects, there is not much aid in hard cash. If Pakistan's economy dovetails, how much Chinese support will keep it afloat? At the international level, the Chinese support to Pakistan may be issue-based. Question 4: If cornered, will Pakistan turn against India? If the US support is declining, along with that of the rest of the international community, and if Pakistan is facing increasing internal instability, will the strategic community blow up the Indian threat to keep the country united and revive global interest? What will the non-state actors - of the Taliban and Lashkar varieties, do if Pakistan is unstable? Will the TTP see it as an opportunity and step up its attacks? Will the Lashkar get more space and revive its terror activities against India? Question 5: Will the US place its boots on Pakistani soil? If Pakistan becomes unstable or if there is a threat to regional stability (for Afghanistan and the American security forces from groups with bases east of the Durand) what will the US do? While the US has on many occasions threatened to send troops across into Pakistani soil, it is unlikely to be an easy option. However the bigger question is what the US will do if there are dangers of Pakistan's nuclear assets falling into the wrong hands, in the event of an unstable Pakistan. For precisely this reason, the US can be expected to muddle through.

Why is the Haqqani Network so Important? Why is Pakistan, in particular the ISI, willing to risk its relations with the US and worsen its already tarred international image by continuing the linkages with the Haqqani network? Is supporting the Haqqani network more important for Pakistan than US-Pak relations and the ensuing American aid? What can be the possible explanations for such a behaviour exhibited by Pakistan? Explanation 1: Why blame only Pakistan? Gen. Kayani, the Chief of Army Staff, recently responded to Admiral Mullen's testimony accusing the ISI for using the Haqqani network as its "proxy" and a "veritable arm." He said - "Admiral Mullen knows fully well which all countries are in contact with the Haqqanis. Singling out Pakistan is neither fair nor produc-

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tive." The CIA is concomitantly engaging the Haqqani network as a part of its efforts to find the "moderate Taliban" with whom the US and the rest of international community can reach an understanding on power sharing after 2014? So, Islamabad may rightly justify, why blame only Pakistan, when everyone is playing a double game in dealing with the Haqqanis? The Pakistanis also feel that perhaps everyone is in touch with the Haqqanis, including the Americans, so blaming Islamabad alone for doing so is unfair. What Islamabad fails to understand is that while there may be many other actors who are willing to negotiate with the Haqqanis, none of them is providing either safe havens or using them as proxies in their gameplan. Neither are they making the Afghans and the international troops a target.

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STRATEGIC THINKING READING PAKISTAN

Explanation 2: Did not realize you will call my bluff Also, Pakistan, especially its ISI elements, has always been playing a double game in dealing with the multiple Taliban groups. So far, Afghanistan and the US have pretended to ignore this double game considering their larger interests in Pakistan, although making some accusations ostensibly. More prominently so as the US believes that support from Pakistan is essential for the American war efforts; Pakistan remains the primary artery for taking war and aid materials through sea and land into Afghanistan. While Afghanistan also has multiple complaints against Pakistan, including the Haqqani network, it has come to terms with the reality that it has no option but to work with Islamabad. In the last two years, there have been significant agreements signed between Pakistan and Afghanistan including one on transit and trade (excluding India). The recently concluded Dushanbe summit and the agreement on a gas corridor from Turkmenistan to Pakistan via Afghanistan are other major bilateral developments between the two countries. India, Afghanistan, Russia, US and now even China (at least the Xinjiang government) have been accusing Pakistan of supporting militant groups. Neither is the ISI new to the accusation that it has been supporting militant groups and using them as proxies. But, perhaps Pakistan did not expect that its bluff would ever be called off. So it is now becoming increasingly defensive. Explanation 3: Strategic Interests outweigh the Costs? Three primary strategic interests explain Pakistan's behavior in Afghanistan. First, a friendly government in Kabul, which is actually a euphemism for a proxy in Afghanistan, playing by Islamabad's rule will

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be to Pakistan's advantage. Pakistan is afraid to have any another country, which is believed to be hostile to its interests to develop close links with Afghanistan. As Pakistan does not share a good relationship with India on its eastern side, it does not want yet another hostile neighbour. The fact that the Durand Line between the two countries is not fully settled and agreed upon by successive Afghan governments (including that of the Taliban's) only increases Pakistan's anxiety. Second, Pakistan does not want any Indian foot print in Afghanistan. Preventing Afghanistan from developing any substantial relationship with India is a primary objective. Widely referred and explained (and now refuted) as the "strategic depth", this objective is based on the premise that a friendly government in Afghanistan would help Pakistan to restrict India. Finally, the "pashtun" factor across the Durand line is an important strategic calculation for Pakistan. Despite the last six decades, a section within Pakistan even today fears a pashtun nationalism cutting across the Durand line. The pasthun communities across the Durand can be considered as Siamese twins given their historical linkages. Perhaps, the strategic elite and the ISI in particular consider the Haqqani network (and the Quetta Shura) as Pakistan's strategic tool to achieve their larger interests in Afghanistan. If there are any hidden costs to achieve the above interests, then so be it. Explanation 4: Who are the Haqqanis? Strategic Depth - Total Nonsense Perhaps, Pakistan as a state and as a nation lives and thrives in self-denial. Does a substantial section within Pakistan not believe the al Qaeda and Osama bin Laden as American inventions and Mumbai attacks as a handiwork of the Indian intelligence agencies? In fact, many within Pakistan believe today that Osama bin Laden may not have been shot dead within Pakistan and if the al Qaeda truly have a thriving network? In their refusal to accept the reality, the majority seems to believe there is a global conspiracy against Pakistan, led by the US, India and perhaps even Israel. So who are the Haqqanis? Are they not American agents supporting the TTP to destroy Pakistan? Welcome to Pakistan; self-denial is a national ideology here.

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Epilogue, November 2011

DIPLOMACY INDO-PAK RELATION

MFN to India 'least favoured' in Pak: Kashmir as the attitudinal roadblock EPILOGUE MONITORING DESK

The newly emerging India-Pakistan spirit of accommodation that is seen anchored in pragmatism is being scuttled by Pakistani opposition parties and the radical groups wanting their country to look towards India in context of Kashmir only. Long pending MFN (Most Favoured Nation) status to India is the latest case in point. Opposition wants government to link it up with Kashmir. Well progress on Kashmir is important but a level of comfort between India and Pakistan is much more important for achieving the desired progress. Good business relations could be a password to friendly political and diplomatic ties.

n a bilateral meeting held in Islamabad ending April this year, the Commerce Secretaries of India and Pakistan, Rahul Khullar and Zafar Mehmood agreed to take on board each other's concerns regarding the trade regimes in either country and explore new avenues for bilateral trade while side-stepping the 'so-called' ticklish issues that dominate mainstream discourse. A joint statement issued at the end of their meeting set a timeline for addressing the identified doables including Pakistan granting the Most Favoured Nation (MFN) status to India and moving to a negative list approach in tariff lines, and New Delhi amenable to addressing Islamabad's concerns regarding Non-Tariff Barriers that restrict the flow of Pakistani goods into India. Zafar Mahmood said the difference between the previous four rounds of talks on Commercial and Economic Cooperation was that this time the effort has been to create institutional mechanisms and pre-

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pare a road map to make the process "irreversible and structured." Rahul Khullar said both sides consciously sought to break from the past while preparing a timeline for the measures that need to be taken

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to create an enabling environment for bilateral trade to realise its full potential. Following months saw much progress in both countries achieving a level of political and diplomatic

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DIPLOMACY INDO-PAK RELATION

comfort. Visit of Foreign Minister Hinna Rabbani Khari to New Delhi in July further cemented the ties. After a meeting of Commerce Ministers in New Delhi on September 28, Pakistan agreed to operationalise most favoured nation (MFN) treatment to India, a long pending issue to take bilateral trade to a new high and the timeline will be worked out during commerce secretary level talks to be held in Islamabad in October end or early November. A joint statement issued at the conclusion of talks between India's commerce minister Anand Sharma and his Pakistani counterpart Makhdoom Muhammad Ameen Faheem gave enough indications to this effect. The joint statement said the two ministers mandated their commerce secretaries to "pursue with vigour" the task of fully normalising bilateral trade relations. They agreed that their countries would cooperate for a high ambition of preferential trade relations under the framework of South Asian Free Trade Agreement (Safta). This was interpreted by in India as amounting to Pakistan agreeing to operationalise MFN status and trade experts saw it as a major breakthrough in bilateral economic relations. Though India has granted MFN status to Pakistan in 1996 as per WTO requirement, Pakistan has not reciprocated as yet in view of the thorny political relations between the two neighbours. Faheem had said on September 28 "we have agreed to

Giving Kashmir an MFN chance JYOTI MALHOTRA

ammu & Kashmir Chief Minister Omar Abdullah has announced that the much-reviled Armed Forces Special Powers Act (AFSPA) - enacted in the late 1980s alongside the beginning of militancy - will be finally removed from some areas of the state. Now, the AFSPA's decision has been taken after Delhi carefully monitored the decline in the deaths of both militants and victims over the last few years. It's a welcome Diwali gift to all those who survived the gun as well as the dreaded fear that flowed from its barrel these several decades. Perhaps the story of Kashmir will never be written, especially as both India and Pakistan continue to strut out their stuff. How and why did Pakistan's ISI insinuate itself into believing that 'a thousand cuts' will bleed India slowly from within? How did India, in the name of fighting militancy inspired from across the border, begin a war against its own people? That dreaded phrase 'collateral damage,' which essentially means that innocent men, women and children simply suffered because the two countries fought their battles, has been bleached into the valley's soil and changed the colours of its lakes and rivers. Finally, it seems, Kashmir may be able to breathe at least a small sigh of relief. Sadly, the sense of limited normalcy - which saw the return of 1.1 million tourists to that heaven on earth this summer, the highest in these two decades - is being contested in Islamabad as political parties join hands to tie down the PPP-led government, in the name of Kashmir. If you don't get the linkage, here it is: Over the last week, Nawaz Sharif's party as well as Maulana Fazlur Rahman have spoken against the Pakistan government's decision to grant Most Favoured Nation (MFN) trading status to India if there is no movement on Kashmir. Now MFN is a common trade courtesy every nation who is a member of the World Trade Organisation (WTO) must accord to each other. Since India and Pakistan are both WTO members, Islamabad's refusal to grant MFN - which it now wants to amend - means it has been in violation of WTO rules so far. Perhaps the Urdu translation of the English-inspired Most Favoured Nation sounds like one is performing an act of intimacy upon the other country - in this case, India. It would be tragic, indeed, if movement on achieving the MFN status were to be slowed down, especially as India, despite the David Headley revelations, has come to the conclusion that it must improve relations with the people of Pakistan, if not its governments. That is why Delhi has used the economic card to break new political ground, and Islamabad has fortunately responded. That is why, after meetings of the commerce secretaries with Hina Rabbani Khar and Mohamamed Amin Fahim over the year, the two commerce secretaries will meet again in mid-November. They hope to sign on the dotted line. Meanwhile, Delhi has lifted its objections to the European Union proposal of taxing goods from Pakistan. It is also contemplating removing its own tariff quotas on textile imports from Pakistan - frankly, the only sector in which Pakistan is competitive with India. Let's face it, Pakistan's economy is going south. Denying MFN to India will only mean that Pakistan is denying its own businessmen the right to resume normal trading relations with India, thereby denying them the right to create wealth for Pakistan. According India MFN status, on the other hand, will strengthen the hands of Indian peaceniks like Omar Abdullah. And give Kashmir a greater chance to restore itself. EXPRESS TRIBUNE

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Epilogue, November 2011

actively pursue MFN to India". Things are moving forward according to plan. We are looking forward to achieve the target". The joint statement further said "they (the two countries) agreed that all mutual obligations contracted under Safta would be implemented with full sincerety." The major mutual obligation contracted under Safta is to provide MFN status by all member countries to each other to facilitate free trade in the South Asian region. Pakistan is the only country which has not granted MFN status so far to India. All other countries have granted MFN status to each other in the region. However, as the day comes closer to operationalise the MFN status, the Pakistani opposition parties are raising stumbling blocks. The Pakistan government's plans to grant India MFN status is now suffering multiple shocks as the main opposition party, a bipartisan parliamentary panel on Kashmir and pro-establishment political outfits are opposing it in unison. Foreign Minister Hina Rabbani Khar informed the National Assembly last recently that the government had, in principle, decided to give India MFN status and a formal announcement was likely any time. "It is, however, not known whether the decision has the backing of the military-dominated establishment, which says that most of the threats to the country's security and territorial integrity are emanating from the east", reports a Pakistani newspaper. The loudest opposition to the plan came from the Pakistan Muslim League-Nawaz (PML-N) which said it did not want war with India but had 'serious concerns' on giving New Delhi the MFN, a privilege through which one country gives trade concessions to the other. A parliament's special committee on Kashmir, Jamiat Ulema-e-Islam-

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DIPLOMACY INDO-PAK RELATION

Fazl (JUI-F) and Jamaat-e-Islami (JI) also joined the chorus against what is seen as a big leap forward to normalise relations between the two nuclear-armed rivals. Speaking at a news conference in Islamabad, National Assembly Opposition Leader Chaudhry Nisar Ali Khan said his PML-N party had doubts that any concession to India would ever make it change its stance on Kashmir. "I tell you, it is unrealistic to think that India will give up its hard line on Kashmir," said Nisar in a statement in sharp contradiction to a recent public speech by PML-N President Nawaz Sharif in which he advocated cordial relations between the rivals, a position that earned him a barrage of criticism from other political factions. "Trade with India should not be at the cost of Kashmir," the opposition leader added. "We should not expect New Delhi to alter its position, because Musharraf gave them several concessions but none worked." One of Nisar's objections to the proposal was that neither the opposition party nor the parliament was

taken into confidence prior to taking a decision which touched national interest. "There must have been a parliamentary debate on it," he argued. In a separate statement, the secretariat of the All-Party Kashmir Committee urged the government to withdraw the plan because it was "not in accordance with the aspirations of millions of countrymen". "We will not let the government grant India MFN status because it never consulted us on the issue," said JUI-F chief Maulana Fazlur Rehman, who is also chief of the Kashmir Affairs Committee. "We have written our dissenting notes to the foreign and commerce ministries on the issue," said Rehman. The JI - a political party with little presence in the parliament but considerable street power - also asked the government to withdraw its decision and extend its full support to the 'Kashmir liberation movement'. The MFN status is though likely to see the light of the day but attitude of Pakistani opposition and hardliner parties does not augur well for the Indo-Pak relations.

Though India has granted MFN status to Pakistan in 1996 as per WTO requirement, Pakistan has not reciprocated as yet in view of the thorny political relations between the two neighbours. A joint statement issued at the end of Indo-Pak Commerce Ministers meetings in New Delhi on September 28 said "they (the two countries) agreed that all mutual obligations contracted under Safta would be implemented with full sincerity." The major mutual obligation contracted under Safta is to provide MFN status by all member countries to each other to facilitate free trade in the South Asian region. Pakistan is the only country which has not granted MFN status so far to India. All other countries have granted MFN status to each other in the region.

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IN FOCUS MISSION KASHMIR

What is in the Report? New Delhi's another Mission in Kashmir ZAFAR CHOUDHARY

Everything has come purely on expected lines. The three-member panel of interlocutors have come up with report and submitted it to the Home Minister exactly a day ahead of completion of their one year term. This commitment was much expected of non-political faces. Reaction is on expected lines too. Bhartiya Janta Party has remained dismissive of the whole exercise right from the day one and remains so today as well. Congress is silent for the compulsion of being in power at the Centre and the partner in the State. National Conference wants to react only 'when the report is officially received'. Peoples Democratic Party has described the report, well before reading it, as yet another document on Kashmir. The hardliner separatist Syed Ali Shah Geelani says he is not even looking forward to reading the contents. Mirwaiz Omar Farooq, the so called moderate separatist, sees the whole process as time buying exercise. Yasin Malik, another prominent separatist, is equally dismissive. However, the interlocutors want the people of Jammu and Kashmir to wait and see the exact reflection of their sentiments when the report is made public.

Interlocutors in a meeting with officers and civil society members in Samba district of Jammu province

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Epilogue, November 2011

he political reactions notwith standing, the report of inter locutors assumes huge importance for a variety of reasons. An important reason is the background in which the latest process of interlocution was announced. It was after over a hundred civilian killings in a bitter unrest in the summer of 2010 when Kashmir looked almost slipping away that an all-party delegation of Parliamentarians recommended a panel for consultations to find a lasting solution for Kashmir issue or at least recommend measures for preventing recurring of incidents like those of 2008 and 2010. Even as the report comes in autumn, the summer of 2011 passed off peacefully. However, it needs to be seen whether the report has really come up with something which would help keep Kashmir peaceful. The second significant reason for weighing the report of interlocutors with added importance is the fact that this is not the first time when a panel appointed by New Delhi has looked at the issues of Jammu and Kashmir. In following pages we have compiled for our readers some of New Delhi's missions in Kashmir, their recommendations, the accords and discords. The most recent of such exercises were the Prime Minister's Working Groups constituted after high level roundtable conferences by Prime Minister himself. While most of the key recommendations of four of the five Working Groups are still pending implementation the report of fifth Working Group that looked at the whole contentious issue of Centre-State relations still remains under wraps as also under discussion with a committee of the state cabinet. In view of previous reports and recommendations gathering dust, the uniqueness of another report, the will of Centre in its implementation and wisdom of stakeholders in accept-

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IN FOCUS MISSION KASHMIR

ing the way out is something to be keenly seen. "Our report is under lock and key with the Home Minister and whatever speculative is appearing in the media is pulp fiction", the group of interlocutors comprising Dileep Padgaonkar, Radha Kumar and MM Ansari, have said in a joint statement six days after their submitted the report to Home Minister P Chidambaram on October 12. With categorical statement from interlocutors asserting that not even a paragraph of report has been leaked or shared, it becomes difficult and unethical as well to speculate on what might be the contents. The Government of India intends to put the report for a discussion before an all party group of the Parliament before making it public. A little wait would not do much harm. However, some of the reactions coming mostly from mainstream political parties are not entirely without knowledge of what might be contained in the report. Summing up what all has been said and written about the report in past fortnight one can easily assume that the group has tried to strike a balance of powers at all the levels of traditional grievances -between Centre and State, between State and its three distinct regions and then within the 22 districts Within the definition of internal dimensions of Kashmir issue, the Centre-State relations have remained a key area of discord since 1953 or one can say since the day Jammu and Kashmir acceded to the Union of India. Two key agreements between New Delhi and the leadership of Jammu and Kashmir have focused on redefining the Centre-State relations in unique circumstances of those times. The Delhi Agreement of 1952 and the Indira-Sheikh Accord of 1975 were the milestones but they fell short of evolving a lasting

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solution towards defining the status of Jammu and Kashmir in the Union of India. In later years, the National Conference comprehensive proposal on, what it called, Greater Autonomy and the Peoples Democratic Party floated the idea of Self Rule. Recently these two arch rivals have been seen talking about the best out of their respective formulas. The autonomy formula, as indicated to be a part of the report of interlocutors, tries to strike a balance between the Autonomy Report of the National Conference and the Self Rule Document of the People's Democratic Party. "The erosion of Article 370 and restoration of pre1953 status is borrowed from NC; the report incorporates the PDP's concession that the 47-odd presidential orders that brought the state closer to India since 1956 could be debated by the J&K assembly, to decide which should be retained", one report has claimed. In their right earnest, over the past one year, the interlocutors made every attempt to meet the Kashmiri but failed to break the ice. It is learnt that the interlocutors carefully gleaned over statements and documents of separatists released from time to time over past many years to take their views on board. Even as the external dimension of Kashmir issue was not on their agenda but they are reported to have recommended some measures for Cross-LoC interactions between two parts of Jammu and Kashmir, mostly in terms of travel, trade and tourism. Further touching upon the external dimensions of the Kashmir, the report is believed to have discussed the United Nations resolution on Jammu and Kashmir and questioned the ignorance of separatists and Pakistan on mandatory withdrawal of forces of the latter in carrying out the option of plebiscite. The report is also learnt to have mentioned an alleged change in demographic pro

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Many Formulae, No Consensus F

or over half a century, there have been a dozen issue -addressing both internal and external dimensions. and half formulas and proposals for resolution of Initially there was some criticism of PDP for what Kashmir issue. Some floated by political groups and peopled called as toeing Pakistan's line for its political think-tanks others based on conflict resolution mod- survival. The PDP, however, made self rule as its core els applied in different parts of world. And Greater political manifesto and started working at its various Autonomy proposal of the National Conference, of contours. Experts believe that self rule proposal has course, remained the indigenous and most popular blessings of both New Delhi and Islamabad after disof them all. Drafted and redrafted, designed and cussions at diplomatic level. In 2006 General Musharraf redesigned at different stages, the Greater Au- said that a document on self rule prepared at 'New Delhi tonomy proposal became highest talking point of desks' was handed over to him by JN Dixit, a former the times in mid 1990s when National Conference diplomat and an aide in Prime Minister Manmohan leader Dr Farooq Abdullah set it as a pre-condition Singh's office. Self rule calls for a semi-sovereign state of Jammu and Kashmir before New Delhi for participating in the assembly Other formulas often discussed for resolution with no redrawing of borelections which India was of Kashmir issue are: Kashmir Study Group's ders, fullest autonomy for KSG-I and KSG-II, South Tyrole Formula, regions and formation of keen to conduct to set its democracy record in Kash- Good Friday Agreement, Mirwaiz's Farooq's regional councils. PDP launched its version of United States of Kashmir, IDP's Kashmir mir straight after half deself rule document at the cade of Governor/ Condominium Proposal, Bhim Singh's eve of 2008 elections and President's rule. Prime Reorganisation Suggestion, made it a part of its poll Minister Narasimha Rao hinted at even going beyond autonomy when he manifesto. Incidentally, in 2008 elections the National made his famous statement of 'sky is the limit', from Conference talked more about employment and welBurkina Faso where he was visiting at that moment. fare schemes made just passing reference to its Greater Rao's successor HD Deve Gowda assured consider- Autonomy proposal. Seen as something 'autonomy plus' ation of Autonomy report but wanted Farooq's party and 'independence minus', the self rule proposal to contest elections first. Therefore, the NC con- emerged a major political milestone of the decade. tested 1996 assembly elections on plank of Greater National Conference has indicated that it is willing to Autonomy and claimed that its landslide victory was accept formula which is accepted to the people of an endorsement of autonomy agenda. Vajpayee Jammu and Kashmir. This may have been political comgovernment asked NC to get autonomy demand pulsion of NC for being in ruling arrangement with the stamped by legislature which Farooq Abdullah did Congress but the fact remains that self rule proposal through an assembly resolution in 2001. New Delhi has left very little even for the separatists to propose as took the last call by rejecting autonomy demand out- a solution which can be acceptable to all parties enrightly. There was some resentment, largely unex- gaged -with some climbing up and some climbing down. pressed, in NC camp but appeared that Autonomy The best thing about self rule formula is that it has been formula's epitaph has been written. Party did not put to public discussions. PDP has been holding a series of discussions and seminars since 2006 explaining to make it a poll plank in 2002 elections. It was towards the end of 2005 that a new formula people broader contours of the proposal and seeking arrived at the political scene. General Pervez their feedback. Prime Minister Manmohan Singh, who Musharraf of Pakistan floated the idea of 'self rule'. was handed over a copy of self rule document in 2008, In less than a month Peoples Democratic Party said in October 2009 that proposals like self rule and picked it up as its agenda for resolution of Kashmir autonomy were worth discussion.

file of the Pakistan administered Kashmir despite the fact that state subject laws like that in Jammu and Kashmir are also applicable there. There is also possibility of wide recommendations on striking a balance of power between three regions and

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further measures for equal development between the districts. The regional empowerment could be through the regional councils, something which resembles Peoples Democratic Party's proposal on regional discord. It is further learnt that more

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powers to the people of three different regions of the state - Jammu, Kashmir and Ladakh -- was the key but the report did not use such words and phrases, possibly to shun controversy for a bigger cause of fulfilling the aspirations of the people.

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The Inconclusive Mission Epilogue Monitoring Desk

New Delhi's most recent Mission Kashmir -the constitution of the group of interlocutors in October 2010 and submission of their report exactly an year later -has completed its task of recommendations at a time when the immediate previous one -the Working Groups -is still awaiting a final call, both from Centre and the State. Prime Minister Manmohan Singh had constituted five Workings at Srinagar roundtable conference in 2006. Four of the five presented their report to the third and last such roundtable conference in Delhi in April 2007. However, the fifth Working Group which dealt with the most contentious issue of Centre-State relations and the question of Article 370 could finalise and submit its report in only 2009 December. Strange as it is, unlike in the case of the four Working Groups, the recommendations of the fifth have been kept secret from the general public. Soon after receiving report from the fifth Working Group headed by Justice Saghir Ahmed, the Jammu and Kashmir Chief Minister Omar Abdullah submitted its copy to the Prime Minister Manmohan Singh for further action on the recommendations. In view of some differences between the ruling partners in Jammu and Kashmir -the National Conference and Congress -the State government has constituted a Cabinet Sub Committee headed by Finance Minister Abdul Rahim Rather. The Cabinet panel is doing the back and forth for almost last two years with no concrete views emerging out of it. Below are the excerpts from the report of Fifth Working Group:

4. Justice Saghir Ahmad's Report, 2009 (Extracts) The working Group V was set up in implementation of the decisions concerning the establishment of five Working Groups announced by the Prime Minister of India at the Round Table Conference held at Srinagar on 24th & 25th May, 2006. The issues under the purview of the Working Group V were as follows:Strengthening relations between the State and the Centre and to deliberate on (1) Matters relating to the Special Status of Jammu and Kashmir within the Indian Union; (2) Methods of strengthening democracy, secularism and the rule of law in the State; (3) Effective devolution of powers among different regions to meet regional, sub-regional and ethnic aspirations.

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The Working Group held five meetings as follows: (1) 12th December, 2006 at New Delhi (2) 03rd February, 2007 at Jammu (3) 29th March, 2007 at New Delhi (4) 02nd September, 2007 at New Delhi (5) 03rd September, 2007 at New Delhi This report seeks to address the issues that were raised by various members during the deliberations of the Working Group. The members had also submitted written representations and the relevant points therein have also been incorporated in the report. Information was also obtained from the State Government mainly on the issues raised by members and participants/special invitees in the above meetings or through written representations/ statements. The same also finds place in the report.

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The issues that were raised and discussed in the various meetings and also through written representations are as follows:1. Matters relating to the Special Status of Jammu and Kashmir within the Indian Union. (i) Unity and integrity of the State (ii) Article 370 of the Constitution of India and other Constitutional provisions (iii) Central laws extended to the State (iv) Demand of autonomy by National Conference (v) Self-Rule proposed by PDP 2. Methods of strengthening democracy, secularism and the rule of law in the State. (i) Issues regarding democracy, secularism and the rule of law in the State (ii) Issues relating to Kashmiri migrants (iii) Issues relating to refugees of

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1947, 1965 and later in Jammu region. 3. Effective devolution of powers among different regions to meet regional, sub-regional and ethnic aspirations. (i) Inter and intra-regional issues between Jammu, Kashmir and Ladakh. (ii) Development considerations of different areas and local selfgovernance/ regional councils. (iii) Backward areas and communities within the three regions. 4. Other Issues.

Extracts At the beginning of the first Meeting of the Group on 12th December, 2006, it was made clear by The Chairman that this Group is not concerned with the dispute between India and Pakistan pertaining to the state of Jammu and Kashmir and, therefore, it will confine itself to the consideration of the question relating to Centre-State Relations within the framework of the Constitution of India. It was also made clear by the Chairman in his letter to the Chief Minister that in the absence of mainstream political parties like the National Conference and All Parties Hurriyat Conference, the deliberations would be of little value. The National Conference which had not sent its Representative to the first two meetings of the Working Group, however, participated in the 3rd and subsequent meetings and also put forward, rather strongly, its case for restoration of what it called 'Autonomy' of the State of Jammu and Kashmir. The first three meetings were confined to the consideration of the question of 'Centre-State Relations' with reference to the special status of Jammu and Kashmir under Article 370 of the Indian Constitution, its Autonomy and the erosion of the

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Autonomy as claimed by the National Conference and PDP. The question of division of J &K State, which was raised specially by one of the Members, namely, Mr. Thupstan Chhewang, who is a Member of Parliament from Ladakh, was also discussed and deliberated. In the 3rd and subsequent meetings, National Conference which is the main Opposition Parry in Jammu and Kashmir Assembly also participated and was represented by Mr. A.R. Rather Leader of Opposition, who advocated restoration of 'Autonomy'. Ms. Mehbooba Mufti of the People Democratic Party which is a constituent of the present Coalition Government in Jammu & Kashmir, advocated what she called 'Self-Rule'. In the next meeting, Shri Muzaffar Beg, as a Representative of PDp, orally explained the concept of 'Self-Rule' but the PDp, contrary to its assurances, did not elaborate it in writing. This Working Group, consists of the representatives of all the National and Regional level Political Parties, active in the State of Jammu and Kashmir. These representatives are the members of this Group and in that capacity they have been participating in all the meetings in which they discussed all the issues including the issues as to why there should be a special status for the State of Jammu and Kashmir in the Indian Constitution, why was Article 370 enacted, why the power of Parliament to make laws for the State of]ammu and Kashmir was restricted to only three items, namely, Defence, External Affairs and Communication referred to in the Instrument of Accession. It was also contended that since 'Accession' has brought about complete integration of the State of Jammu and Kashmir within the Indian Union, there was occasion therefore, no for providing any special status for that State under the Indian Constitution. Most of

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the Members even submitted their viewpoints in writing. ##### Mr. Muzaffar Hussain Baig on behalf of PDP elaborated the concept of 'Self-Rule' He stated: In the 'Self-Rule' demand of PDP and the demand of 'Autonomy' of National Conference, there is a difference of approach. Whereas Autonomy is essentially a CentreState Relation, Self Rule has other aspects also as, for example: 1. There is an external dimension between India and Pakistan and there are relevant Constitutional provisions in the Indian and State Constitution. In the State Constitution Section 3 indicates the territory of the State and Section 147 says that Section 3 cannot be amended as such all the territories of J&K including those under Pakistan and China will have to form one single unit and cannot be subdivided. 2. The second aspect is the CentreState relations within two Constitutions as also the various Presidential Orders issued under the Constitution of India. 3. 'Self Rule' will address itself to Constitutional applications for the people living in PoK and the area of Ladakh under occupation of China also. The State has to recognize that all persons living in these areas including the Northern areas are part of the State. 4. In case the Central Government and Pakistan make for a better relationships between the two countries, border/LoC would become ineffective through joint economic enterprises, Legislative Conferences etc. This aspect will have to be examined. 5. There are a number of regional aspirations and under currents within the State. Many people of

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Jammu feel that there is Kashmiri dominance and Ladakh also has a sense of discrimination. A model of self governance for Ladakh and some other regions can be examined. So far as the Union territory issue is concerned this will be directly in conflict with section 3 of the State Constitution. 6. There should be a strong United India and similarly a strong union of States with a healthy federal system and this approach has to be for all sections of the society. Self Rule must benefit all sections of the society and the regions including Doda, Poonch, Rajouri etc. No extreme positions should be taken by any organization but a reasonable middle path should be followed which would be the best course. So far as the Centre-State relations are concerned, the National Conference has asked for changes with a maximal approach whereas 'selfrule' will ask for minimum changes as illustrated below:(a) All legislative matters within the scope of the union under the Instrument of Accession and 1950 Presidential Orders are beyond any debate. (b) All provisions of the Constitution of India which are necessary for integrity, unity and solidarity must continue. (c) All provisions permitting democracy, secularism and rule oflaw should be protected. (d) All provisions necessary for uniformity among the States to a larger extent has to be protected. So far as Self Rule is concerned its essential objectives are:

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(i) A reasonable degree of federal structure within the Union. (ii) Expressed will of the people has to be honoured and not in any way subverted or reduced to the extent that roll back of some provisions may become necessary. (iii) Any legislative measure which harms the economic interests of rhe State should be rolled back. (iv) Article 356 and 367 of the Constitution of India relating to dismissal of the State Government are not necessary as there are safeguards under Article 352 and 355 (emergency provisions which require concurrence of the State in some cases). Besides, under Article 256 and 257 directions can be given to the State Government and therefore, also Article 356 is not necessary. The issue regarding Art 368 (Amendment of the Constitution) and para 4 of order No. 101 of the orders issued under Art 370 restricting amending powers of the State have to be examined. . The Head of the State should be called Sadr-e-Riyasat as earlier and it should be mandatory to be elected/appointed alternatively from Jammu and Kashmir. The authority of the State is exercised by political leadership and also the administration and hence Art. 312 relating to All India Services is not necessary in respect of the State. Arr. 370 giving powers to the President for certain modifications was examined by the Supreme Court of India in Sampath Prakash case and it held that this Art would be of a permanent nature as any modification could only be made only be made by the constituent Assembly which

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however did not take place and as such Art. 370 is to be treated as of permanent nature. Other Items that would be important in the years to come would be the economic relations and trade relations with PoK for which enough scope is there. The local police have to play a stronger role in internal matters replacing the role ofCentral forces including anti militancy operations. Mr Baig stated that a comprehensive document will be presented by the PDP in due course of time. This has however not been done till date. In the third meeting, however, Sardar Rafiq Hussain Khan filed copy of the resolution of the PDP adopted on 11-2-2007. Copies of this document were circulated to ll the members of the Working Group. Sardar Rafiq Hussain Khan observed that PDP will pursue its agenda Self-Rule and try to mobilize public opinion in all the three regions for Its acceptance. The PDP resolution dated 11-2-2007 indicates that the problem of the State has 4 dimensions:(i) Problems between India and Pakistan (ii) Problem between Centre and the State (iii) Problems in relations between people living in two parts of the state and (iv) Problems of mistrust and discord between the three regions of the State, namely, Jammu, Kashmir and Ladakh. Mr AR Rather, representing National Conference, advocating question of 'Autonomy' stated: The views of the National Conference are known about the CentreState relations. The party after coming to power in 1996 had appointed

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a Committee which finalized the report on Autonomy. The Report was placed before both the Houses the Legislative and was adopted. Mr Rather argued that at the time of the Accession of the State to the Indian Dominion three Items namely, External Affairs Defence and Communications alone were given to the Centre and the rest of the subjects remained with the State. No supplementary Instrument of Accession was signed giving further authority to the Centre. The demand of National Conference is for restoration of the Autonomy that was already available and has been eroded over a period of time. The erosion of Autonomy is the primary cause of discontent in the State and this fact was accepted at different times. For example, Shri P.V. Natsimha Rao. the then Prime Minister observed 'Sky is the limit and short of independence. the demands can be accepted'. However, the National Conference boycotted the 1996 Parliamentary Elections. Thereafter, Shri Deve Gowda, Prime Minister promised 'maximum autonomy to be discussed with peoples representatives'. The National Conference therefore contested the 1996 Assembly Elections and obtained 2/3rd majority as it had given out in its election manifesto that Autonomy was the prime consideration for the State. The National Conference got highest number of seats for any party in all the three regions. namely, it got 15 out of 37 in Jammu, 3 our of 4 in Ladakh, and 42 out of 47 in Kashmir. The Committee for Restoration of Autonomy set up by the State Government examined the Autonomy issue with reference to Instrument of Accession, Constitution application order 1950 and Delhi Agreement 1952. The report of the Committee

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which was duly approved by the J&K Legislature was however, rejected summarily by the Government of India even without any discussions or even detailed examination. The issues of Accession of the State with the country were discussed by the State representatives with the Government of India in 1949-50 (the negotiations started on 15th May, 1949 and continued up to 16th November. 1949). The discussions were held between Pandit Jawahar Lal Nehru, the then Prime Minister of India and Sheikh Mohammad Abdullah. On 18th May; 1949 the Prime Minister wrote a letter that two major decisions were taken namely that (1) the State will have its own Constitution and (2) it will be for the Constituent Assembly of the State to decide what powers other than those given in the Instrument of Accession, will be given to the Centre. In the background of the above negotiations, the Indian Constituent Assembly enacted and adopted Arr. 370 of the Constitution. Art. 238 of the Constitution of India (which has since been repealed) was not applied to the State of Jammu and Kashmir. Shri Rather further observed that the agreements of 1949/1950 provided that during the interim period from 1949 to 1951, the Constitutional provisions or laws could be extended to the State with the concurrence of the State Government and thereafter the same was to be ratified by the Constituent Assembly of the State which was constituted in 1951. As such the power to give concurrence was not available to the State Government after 1951 when the State Constituent Assembly was constituted. The 'Government of the State' was further defined as the 'Sadar-eRiyasat as advised by the Council of

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Ministers' . However, even after 1951 the concurrence continued to be given by the State Government and sometime this was done by the Governor of the State (who exercised the powers of the Government during the Governor's Rule). The Concurrence given by the Governor extending certain laws was not, therefore valid. The Constituent Assembly, after completing its work, was dissolved in 1956 and thereafter 47 Constitution Application Orders were issued which eroded the original autonomy available to the State, reducing its authority. Some other provisions of the State Constitution have been now made permanent and the State Legislature does not have authority to review or revise the same, for example Section 147 of the State Constitution cannot be amended and similarly the earlier provisions of elected head of the State was amended in 1965 which again cannot now be changed. Shri Rather further stated that the Presidential Orders issued after 1954 were without jurisdiction as they were not ratified by the Constituent Assembly which had dispersed in 1956 after completing the job of making the Jammu and Kashmir Constitution. He further stated that Article 370 of the Constitution must be treated as a permanent feature of the Indian Constitution and the word 'Temporary' used in that Article should be replaced by the word 'Permanent' in consonance with the special provisions made on permanent basis for other States like Sikkim and few North Eastern States. Shri Rather stressed that the Report of the Autonomy Committee as adopted by the State Legislature which was filed before the Working Group today, gives in detail the manner in which

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Meeting of Cabinet Sub Committee on Centre-State relations under chairmanship of Finance Minister Abdul Rahim Rather

Autonomy could be restored including repeal of certain laws extended illegally to the State of]ammu and Kashmir after 1954. Concluding, Shri Rather again stressed that the Report of the Autonomy Committee as adopted by the State Legislative gives in detail the process by which Autonomy can be restored to the State by repealing for example, certain laws extended to the State after 1954. The continuance or abolition or strengthening of Article 370 of Constitution of India was, as stated earlier, widely debated and the views expressed by other Hon'ble Members of this Working Group, are, briefly, as follows:(i) Shri Saif-ud-Din Soz (Congress): No rigid stand should betaken in favour or against Art. 370 and the present position should continue. Article 370 should be considered as a permanent feature of the Constitution of India. (ii) Shri Arun Jaitly (BJP): The stand of the Party is that the Article 370 should be repealed and the State fully integrated with the Union as in the case of other States. He also set out in writing his Party's stand on Art. 370 (Available in Vol. IV). (iii) Shri M.Y. Tarigami CPI (M): Article 370 should act as a bridge between

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the Union and the State and the provisions which have been eroded in time should be restored. (iv) Shri Thupstan Chhewang (Leh): Art. 370 of the constitution should be abrogated as it hampers the economic development of the State. (v) Shri Ajay Chrungoo (Panun Kashmir): Art. 370 has hampered the smooth functioning of the legal authority in the state and hence it should be removed. (vi) Shri Harish Dev Singh (Panthers Party): Art. 370 should continue in the present form with neither going back nor making any further change. (vii) Sheikh Abdul Rahman (Samajwadi Party): Article 370 has contributed to certain discrimination against some regions and therefore, needs to be suitably modified to protect regional aspirations. (viii) Shri Ashwani Kumar Qammu Mukti Morcha): Complete integration of the State should be done by abolition of Article 370. (ix) Shri Yashpal Bhagat (BSP): Art. 370 should be abolished. and there should be full integration of the State. In order to find out an answer to these questions, it would be necessary to delve into the archives of old records which would reveal the his-

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torical and political background of Article 370 of the Constitution of India. #### In Prem Nath vs State of Jammu and Kashmir, AIR 1959 SC 749, the Supreme Court observed that the Constitution makers were obviously anxious that the relationship between the Union of India and the State of Jammu & Kashmir should be finally determined by the Constituent Assembly of the State itself It would thus be seen that the State of Jammu & Kashmir though an integral part of India had the unique position in the Indian Constitution. The Supreme Court, however, took a contrary view in Sampat v. State of J &K AIR 1970 SC 1118 (1124): 1969 (2) SCR 365. #### Article 370 (1) (b) (ii) provides that in addition to the matters in the Union List and the Concurrent List as set out in Clause I (b), the Right of Parliament to make laws will also extend to such other matters in that list as with the concurrence of the Government of the State, the President may by order specify. The list of Chief Ministers given above indi

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cates that there was always a popular Government in power and, therefore, the Presidential Orders were apparently issued with the concurrence of that Government. #### It may be stated that on an earlier occasion also while Sheikh Abdullah was the Chief Minister of the State of Jammu & Kashmir, the question had arisen about the erosion in 'Autonomy' available to the State of Jammu and Kashmir on the ground that the Parliament was enacting laws on topics other than Defence, External Affairs and Communication. In order to examine this question, the State Cabinet appointed a Sub-Committee under the Chairmanship of former Deputy Chief Minister, Mirza Mohd. Afzal Beg. Mr. D.D. Thakur, Minister for Finance, Planning & Housing, Mr. A.K. Tikoo, Forest Minister, Mr. G.M. Shah, Transport Minister, Mr. G.N. Kochak, Industry Minister, the Chief Secretary & the Law Secretary were members of the Sub-Committee. The Committee was constituted to review the Central laws including provisions of the Constitution ofIndia extended/applied to the State of Jammu & Kashmir after 1953 and to report whether the operation of any of the laws was detrimental to the interest of the State. None of the Members of the SubCommittee however attended the meetings with the result that the Report could not be prepared within the time fixed by Sheikh Abdullah. On one occasion, therefore, Sheikh Abdullah had to express his indignation on the Report not being finalized. This prompted Mr. D.D. Thakur to go into the whole question himself and he prepared his Report dated 18th July, 1981 which cannot but be described as a lucid exposition of law. In the first part of his Report Mr. D.D. Thakur himself

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has stated as under:The Hon'ble Chief Minister will kindly recall that the State Cabinet appointed a Cabinet Sub-Committee under the Chairmanship of the former Deputy Chief Minister Mirza Mohd Ahal Beg with Mr. M.K. likoo, Forest Minister, Mr. G.M. Shah, Transport Minister, Mr. G.N. Kochak, Industry Minister, the Chief Secretary, the Law Secretary and me as its members, to review the Cemral laws including the provisions of the Constitution ofIndia extended/applied to the State ofJammu & Kashmir after 1953 and to repon whether the operation of any of the laws is detrimental to the interests of the State. The Committee was given time till 5th October, i.e., 15 days from the date of the decision to make a report. The precise terms of reference to the Committee as contained in the Cabinet decision, are reproduced hereunder:'The Committee shall examine the Central Laws including the provisions of the Constitution ofIndia extended/applied to the State after 1953 and find out as to the operation of which of them is not beneficial in the interests of the State. The Committee shall submit its report by 5th of October, 1977: 2. The examination shall be made against the background oF.(i) The Instrument of Accession signed by the Maharaja; (ii) The Delhi Agreement executed between the Centre and the State in 1952; (iii) Article 370 of the Constitution ofIndia; and (iv) The Accord entered into between Sheikh Mohd. Abdullah and the Government ofIndia in 1975.' 3. This Cabinet Sub-Committee on the exit of Mr. Beg from the Cabinet was re-constituted vide Cabinet decision No. 851 dated 16.10.1978 under the Chairmanship of the Chief

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Minister with Mr. G.M. Shah, Mr. G.N. Kochak, Mr. M.K. Tickoo, the Chief Secretary, the Law Secretary and myself as its members. The Hon'ble Chief Minister subsequently vide his order dated 2.1.1979 desired that I should chair the meetings of the Committee. 4. Because of various pre-occupations of the members of the Committee the meetings of the Committee became very difficult with the result that no progress could be made in the matter. On 15.6.1981 the issue came up for discussion in the Cabinet when the Hon'ble Chief Minister expressed his anguish at the delay in the submission of the report to the Cabinet. It was in this background that I offered to prepare a report which the rest of the members of the Cabinet Sub-Committee could consider and comment upon. 5. I am proceeding to dictate this report after thorough examination of the background material mentioned in the terms of reference. The comments offered and the conclusions drawn are my own and are intended to provide a basis for a more meticulous and in depth examination of the various issues which I have touched in the report. Mr. D.D. Thakur took into consideration the provisions of Article 370 of the Indian Constitution, Delhi Agreement 1952 and the Kashmir Accord of 1975 besides other relevant documents and circumstances to come to the conclusion that the laws made by Indian Parliament including the laws made on the topics in the Concurrent List ofVIlth Schedule which did not apply to the State of Jammu and Kashmir, were properly applied. Mr. D.O. Thakur has given a complete list of laws made by the Indian Parliament till then, including those made on the topics in the Concurrent List. At the end of the Report, Mr. Thakur, inter alia, wrote under: The Hon'ble Chief Minister to whom

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I am submitting this report today may consider referring the same to the whole Cabinet for their consideration where the Members of the Cabinet Sub-Committee can also participate or to the Members of the Cabinet Sub-Committee only, if he considers that it is necessary to do so. I would, however, like to be heard in the event of any disagreement on anyone of the findings which I have recorded'. A copy of this Report was sent to Mr. Gulam Nabi Kochak, Minister for Revenue and Forest, who in his Report dated 11 th April, 1982 expressed serious reservations with regard to the contents of the Report of Shri D.O. Thakur. It is not clear what happened to these two reports, whether they were placed before the Cabinet or the House and discussed, and, if so, what decision was taken and which Report was accepted and which rejected. A query to this effect was made to the State Government and the Law Department, Government ofJammu & Kashmir vide No. PS/PSLl2009/247 dated 13.5.2009 stated that the Report was never laid on the table of the House. In 1996, while Dr. Farooq Abdullah was the Chief Minister, the State Government set up a Committee to examine the question of restoration of ~utonomy' to the State of Jammu & Kashmi under the Chairmanship of Dr. Karan Singh, who, however resigned 0 .uly 31, 1997 and the then PWD Minister, Mr. Ghulam Mohi-Ud-Di hah was appointed as the Chairman. The Committee examined all qe aspects of the matter and submitted its Report to the State Governmen in April, 1999. The Report was placed before the two Houses of the Jammu & Kashmir Legislature on 13.4.1999. It was adopted by the State LegislativeAssemblyon

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26.6.2000 and the State Legislative Council on 27th June, 2000. The State Government submitted the Autonomy Report to the Central Government. But the Central Government refused to consider the matter. #### It would thus be seen from the above, that there is a positive distribution of legislative and administrative powers between the Union and the I State. This has been provided with the obvious object of maintaining harmonious relations between the Centre and the State. In the light of the principles discussed above, it is clear that legislative fields had already been indicated between the Centre and the State in the documents of Accession which was also incorpotated in the Indian Constitution in the form of Article 370 and, therefore, the Parliament, to begin with, could make laws for the State of Jammu and Kashmir only on the topics indicated in the Schedule attached with the document of Accession but also on the topics subsequently applied to the State of J &K. In this connection certain provisions of the Constitution of Jammu and Kashmir may also be noticed. Section 3 of the Jammu and Kashmir Constitution provides as under:-'The State of Jammu and Kashmir is and shall be an integral part of the Union of India'. ... Smt. Indira Gandhi, the then Prime Minister of India, rose to the occasion and agreed that any Provision of the Constitution of India applied to the State of Jammu and Kashmir with adaptations and modifications can be altered or repealed by an order of the President under Article 370.

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The question of Autonomy' and its demand can be examined in the light of the 'Kashmir Accord' or in some other manner or on the basis of some other formula as the present Prime Minister may deem fit and appropriate so as to restore the 'Autonomy' to the extent possible. This is also a long pending demand which requires to be settled once for all to usher in a brighter relationship between the Centre and the St<1te. The question of appointment of the Governor and dismissal of the popular Government by the Governor may be considered and resolved. ### The Report of of P.B. Gajendragadkar Commission of Inquiry indicates at even in 10 November 1968, that is to say, almost 18 years of the coming Into force of the Indian Constitution, there was no recommendation that Article 370 should be abolished. The position remains the same and there has been no material alteration in the circumstances in as such as few voices were raised and are still raised for abrogation of Article 370 while there are other voices which strongly plead for the continuance of this Article. The Gajendragadkar Formula is still relevant and it is for the people of the State of Jammu and Kashmir to decide how long to continue Article 370 in its present form and when to make it permanent or abrogate. This position has continued since 1950 when the Indian Constitution was enforced. A period of about 60 years is a long period and the Working Group recommends that the question of Article 370 should be settled once for all and the state of uncertainty in respect of this article should be given a final shape.

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Glossary of key recommendations by other four Working Groups ECONOMIC DEVELOPMENT " Formulate three sub-plans within the state plan: to focus on completing ongoing projects, to bring all assets to working order and to create capacity in infrastructure sector

Transfer Bursar and Dul Hasti power projects to J&K Government

Enhancement of state's power share in central projects; exploit new thermal and micro-hydel projects

Extend rail head from Jammu to Udhampur

Redress imbalance in rural road connectivity

Modify land acquisition laws, reduce stamp duty Revise subsidy policy in rural telephony; reduce entry tax on telecom equipments

Implement National Rural Health Mission; set up mobile diagnostic and primary clinics at block level; health insurance scheme for BPL families

Upgrade vocational and technical training institutions, establish 13 new it is

Encourage private sector to open IT training institutions

Make District Development Boards representative and inclusive including elected representatives and persons from weaker sections

Establish separate directorate for Gujjars and Bakerwals

INTERNAL CBMs

Strengthen SHRC, constitute empowered committee on ATR.

Relief to militancy victims; government jobs or Rs 5 lakhs

Review or revoke laws like AFSPA

Find out details of all missing/disappeared persons, make database within three months. Support livelihood of suffering families

Safe passage to those who have forsworn militancy; forces must stop fake encounters, fake recovery of weapons.

Speak to displaced KPs. Recognise their rights to repatriate.

Set up State Commission for Minorities

Make comprehensive policy on preservation of heritage

Appoint agriculture graduates in all 2700 panchayats for agricultural extension effort

Address problems of West Pakistan refugees

Hold unconditional dialogue with militants

Involve media in image building

Create special investment zone with world class infrastructure

Set an air cargo complex and container depot, preferably at Jammu

TRANS-LOC CBMs

Revitalise handicraft sector through targeted investment

Create an Asset Reconstruction Company

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Expand scope of trans-LoC travels, look beyond divided families PRCs should the basis travel document; security

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clearance in two months; traders should have multiple entry/exit permits

Trans-LoC travel applications should be accepted at Rajouri, Poonch, Baramulla, Kupwara; besides Srinagar and Jammu

Create Free Trade Area between both parts of Jammu and Kashmr; finalise eligible list of import, export goods

Evolve group exchange programs involving students, lawyers, journalists, academicians etc

large public interface

Amendments in Land Acquisition Act to give a fair value and easy process to the acquisition for public purposes.

Set up a committee to identify specific rules and laws that hamper entrepreneurship. Review needed in the areas from where government must withdraw in phased manner.

Departments, such as Police and Revenue, which have more public dealing, should be assessed in terms of their policies and performances once in three years.

Open more trans-LoC routes: KargilAskardu, Jammu-Sialkote, Turtuk-Khapula, Chhamb Jourian-Mirpur, Gurez-Gilgit, Titwal-Chilhan, Jhangar-Mirpur/Kotli

For Joint Consultative Group of legislators from both sides to exchange views on matters related to economy, culture and trade

Open Leh-Xingjian road as an alternative for Kailash-Mansarovar yatra

GOOD GOVERNANCE

Appointment of Chief Information Commissioner, the appellate authorities, the departmental information officers for effective implementation of right to information.

Introduction of e-governance in ten important areas of administration system

New transfer policy should be formulated to stressing that the officials are in place for at least three years and the policy is adhered to strictly. Every department should prepare and publish citizen charter in time abound manner.

Consider effective measures to strengthen local self-governance. Examine Godbole committees recommendations for extending 73rd amendment of Indian Constitution.

Consider measures to effectively monitor development programs.

Consider effective measures to institute zerotolerance to human rights violations. SHRC requires to be strengthened.

Ensure proper fiscal management to address budget specific problems.

Simplification of laws in areas which have

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1947 Jammu and Kashmir Unrest and Accession

Diary of Events 1947-2011

Spring: An internal revolt begins in the Poonch region against oppressive taxation by the Maharaja. In August, Maharaja's forces fire upon demonstrations in favour of Kashmir joining Pakistan, burn whole villages and massacre innocent people. The Poonch rebels declare an independent government of "Azad" Kashmir on 4 October and its 'Capital' is settled at Palandri, in present day's Rawalakote (Poonch) Division of Pakistan administered Kashmir.

August 14/15: Independence of the British India into India and Pakistan. Kashmir signs Standstill Agreement with Pakistan, something challenged by many as farce. Rulers of Princely States are encouraged to accede their States to either Dominion - India or Pakistan, taking into account factors such as geographical contiguity and the wishes of their people. The Maharaja of Jammu and Kashmir delays his decision in an effort to remain independent.

22 October: Thousands of Pashtuns from Pakistan's North West Frontier Province, recruited by the Poonch rebels and aided by newly created State of Pakistan, invade Kashmir, along with the Poonch rebels, allegedly incensed by the atrocities against fellow Muslims in Poonch and Jammu. The tribesmen engage in looting and killing along the way. Maharaja of Kashmir asks India for help. 26 October: The Maharaja of the State of Jammu and Kashmir signs the Instrument of Accession (IOA), acceding the 75% majority Muslim region to the Indian Union. India accepts the accession, regarding it provisional until such time as the will of the people can be ascertained by a plebiscite, since Kashmir was recognized as a disputed territory. Untill this day there remains a dispute on legal sanctity of the Instrument of Accession in terms of its finality. While pro-India constituency sees accession as full and final but Kashmiri nationalist parties including the ruling National Conference describe it conditional and temporary.

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27 October: The Indian army enters the state to repel the invaders. Sheikh Abdullah endorses the accession as adhoc which would be ultimately decided by a plebiscite and is appointed head of the emergency administration.

1956-1957: On 30 October 1956, the state Constituent Assembly adopts a constitution for the state declaring it an integral part of the Indian Union. On 24 January 1957, UN passes another resolution stating that such actions would not constitute a final disposition of the State. India's Home Minister, Pandit Govind Ballabh Pant, during his visit to Srinagar, declares that the State of Jammu and Kashmir is an integral part of India and there can be no question of a plebiscite to determine its status afresh. India would resist plebiscite efforts from then on. Kashmiri activists continue to insist on the promised self-determination, an agitation which continues until this date.

1947/1948: Indo-Pakistani War of 1947: Pakistan disputes that the accession is illegal and the first war over Kashmir breaks out. 1948-1957: Plebiscite Conundrum1948: India takes the Kashmir problem to the United Nations (UN) Security Council on 1 January.

1949: On 1 January, a ceasefire between Indian and

being whether the 'Azad Kashmiri' army is to be disbanded during the truce stage or the plebiscite stage.

Pakistani forces leaves India in control of most of the valley, as well as Jammu and Ladakh, while Pakistan gains control of part of Kashmir including what Pakistan calls "Azad" Kashmir and Northern territories. Pakistan claims it is merely supporting an indigenous rebellion in "Azad" Kashmir and Northern Territories against alleged repression, while India terms that territory as PoK (Pakistan Occupied Kashmir).

1949: On 17 October, the Indian Constituent Assembly adopts Article 370 of the Constitution, ensuring a special status and internal autonomy for Jammu and Kashmir, with Indian jurisdiction in Kashmir limited to the three areas agreed in the IOA, namely, defence, foreign affairs and communications.

1949: On 5 January 1949, UNCIP (United Nations Commission for India and Pakistan) resolution states that the question of the accession of the State of Jammu and Kashmir to India or Pakistan will be decided through a free and impartial plebiscite. As per the 1948[12] and 1949 UNCIP Resolutions, both countries accept the principle, that Pakistan secures the withdrawal of Pakistani intruders followed by withdrawal of Pakistani and Indian forces, as a basis for the formulation of a Truce agreement whose details are to be arrived in future, followed by a plebiscite; However, both countries fail to arrive at a Truce agreement due to differences in interpretation of the procedure for and extent of demilitarisation one of them

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1951: First post-independence elections. The UN passes a resolution to the effect that such elections do not substitute a plebiscite, because a plebiscite offers the option of choosing between India and Pakistan. Sheikh Abdullah wins, mostly unopposed. There are widespread charges of election rigging which continue to plague most of the subsequent elections until the Assembly elections of 2002.

1947-1952: Sheikh Abdullah drifts from a position of endorsing accession to India in 1947 to insisting on the self-determination of Kashmiris in 1952. In July 1952, he signs Delhi Agreement with the Central government on Centre-State relationships, providing for autonomy of the State within India and of regions within the State;

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1953-1954: In 1953, the governments of India and Pakistan agree to appoint a Plebiscite Administrator by the end of April 1954. Abdullah procrastinates in confirming the accession of Kashmir to India. In August 1953, Abdullah is dismissed and arrested. Bakshi Ghulam Mohammed is installed in power, who then gets the accession formally ratified in 1954. Pakistan and US sign a Mutual Defence Assistance Agreement in May 1954. Indian Prime Minister Pandit Jawaharlal Nehru states that he is concerned about the cold-war alignments and that such an alliance affects the Kashmir issue. 1963 - 1987: Rise of Kashmiri Nationalism 1963-1964: On 27 December 1963, mass upsurge occurs in Kashmir Valley when the holy relic is found missing from the Hazratbal Shrine; the lost relic is recovered on 4 Jan 1964. Protest demonstrations occur in Kashmir Valley and Pakistan held parts of the State in December against Articles 356 and 357 of the Indian Constitution being extended to the state, by virtue of which the Center can assume the government of the State and exercise its legislative powers. The special status accorded to the State under Article 370, continues to get eroded over years 1965: Indo-Pakistani War of 1965: Pakistan takes advantage of the discontent in the Valley and sends in a few thousand armed Pakistani infiltrators across the cease-fire line in August in Operation Gibraltar, and incidents of violence increase in Kashmir Valley and Rajouri-Poonch districts of Jammu province; A full Indo-Pakistani war breaks out which ends in a ceasefire on 23 September. 1966: In January, Tashkent Declaration is signed by

1972: Republic of India and Pakistan agree to respect

both countries agreeing to revert to pre-1965 position, under Russian mediation. Pakistan supported guerrilla groups in Kashmir increase their activities after the ceasefire. Kashmiri nationalists Amanullah Khan and Maqbool Bhat form another Plebiscite Front with an armed wing called the Jammu and Kashmir National Liberation Front(NLF) in 'Azad' Kashmir.

the cease-fire as Line of Control. India and Pakistan sign the Simla Agreement in July, which has a clause that the final settlement of Kashmir will be decided bilaterally in the future and that both the sides shall respect the LOC.

1971: December 6, 1971: Indo-Pakistani War of 1971; Secession of East Pakistan

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1975: Prime Minister Indira Gandhi's aide G Parthsarthy negotiates on behalf of her with Mirza Mohammad Afzal Baig, the representative of Sheikh Mohammad Abdullah for ending the 22 years long

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stalemate in Kashmir erupting after the latter's arrest and dismissal in 1953. The talks were held in late 1974 paving way for a successful Indira-Sheikh agreement in 1975 which saw Sheikh Mohammad Abdullah returning to power in the same year.

1976: Maqbool Bhat is arrested on his return to the Valley. Amanullah Khan moves to England and NLF becomes Jammu and Kashmir Liberation Front(JKLF). 1979: The USSR invades Afghanistan. The US and Pakistan are involved in training, recruiting, arming, and unleashing the Mujahedin on Afghanistan. The mujahedin so recruited would take on their own

agenda of establishing Islamic rule in Kashmir from the late 1980's.

1984: On April 13, the Indian Army takes Siachen Glacier region of Jammu and Kashmir. In a separate development Maqbool Bhat is executed.

1984: An elected government of National Conference headed by Dr Farooq Abdullah is toppled under an alleged design of Prime Minister Indira Gandhi and executed by Governor Jagmohan. This major political event sows seed of discontent and Delhi is again seen as a culprit of muzzling democracy in Kashmir.

1987-1990: Kashmir Insurgency1987: Farooq Abdullah wins the elections. The Muslim United Front (MUF) accuses that the elections have been rigged. The insurgency in the valley increases in momentum from this point on, given the consistent failure of democracy and limited employment opportunities. The MUF candidate Mohammad Yousuf Shah is not only cheated in the rigged elections, but also imprisoned and he would later become Syed Salahuddin, chief of militant outfit Hizb-ul-Mujahedin. His election aides called the HAJY group - Abdul Hamid Shaikh, Ashfaq Majid Wani, Javed Ahmed Mir and Mohammed Yasin Malik - would join the JKLF. Amanullah Khan takes refuge in Pakistan, after being deported from England and begins to direct operations across the LoC. Young disaffected Kashmiris in the Valley such as the HAJY group are recruited by JKLF.

1986: Two years after dismissal of National Conference government which had led to huge civil unrest in Kashmir involving months of curfews, Prime Minister Rajive Gandhi offers rapprochement to Farooq Abdullah. Prof JD Sethi is reported to have worked out details of an accord between Rajive Gandhi and Farooq Abdullah. The accord which came to be known

as Rajive-Farooq accord brought Farooq back to power but pushed Jammu and Kashmir into a deeper mess.

1987: Elections to the Legislative Assembly are held amidst wide allegations of rigging. National Conference and Congress contesting in alliance are accused of manipulating elections through malpractices. An opposition alliance called as Muslim United Front is defeated; most of its members later became prominent separatist leaders or joined the militant ranks. In later years many leaders from within Congress and National Conference as also the bureaucrats overseeing the elections of 1987 admitted to 'mistakes' which led to largely irreversible discontent in Kashmir. 1988: Protests begin in the Valley along with anti-India demonstrations, followed by police firing and curfew.

1989: End of Soviet occupation of Afghanistan releases a great deal of militant energy and weapons to Kashmir. Pakistan provides arms and training to both indigenous

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and foreign militants in Kashmir, thus adding fuel to the smouldering fire of discontent in the valley.

1990: In January, Jagmohan is appointed as the Governor. Farooq Abdullah resigns. On 20 January, an estimated 100 people are killed when a large group of unarmed protesters are fired upon by the Indian troops at the Gawakadal bridge. With this incident, it becomes an insurgency of the en-

tire population. On March 1, an estimated one million take to the streets and more than forty people are killed in police firing. On 13 February, Lassa Kaul, director of Srinagar Doordarshan, is killed by the militants for implementing pro-indian media policy. Though the JKLF tries to explain that the killings of Pandits were not communal, the murders cause a scare among the minority Hindu community. The rise of new militant groups, some warnings in anonymous posters and some unexplained killings of innocent members of the community contribute to an atmosphere of insecurity for the Kashmiri Pandits. Joint reconciliation efforts by members from both Muslim and Pandit communities are actively discouraged by Jagmohan. Most of the estimated 162,500 Hindus in the Valley, including the entire Kashmiri Pandit community, flee the Valley in March.

Since 1990s Insurgency and counter-insurgency operations 1990 and after: An officially estimated 10,000 desperate Kashmiri youth cross-over to Pakistan for training and procurement of arms. Indigenous and foreign militant groups besides pro-India renegade militants proliferate through the nineties with an estimated half a million Indian security forces deployed in the Kashmir Valley since the nineties with increasing violence and human right violations by all sides leading to tens of thousands of civilian casualties offical figures put killing in tow decades at around 43,000 1999: Kargil War breaks out after massive infiltration along Line of Control in Kargil sector

2001: General Pervez Musharraf and Atal Behari Vajpayee meet for peace talks July 14-16 in Agra. Kashmir issue is discussed but talks remain inconclusive. Earlier in the year, Vajpayee government appointed Planning Commission Deputy Chairman KC Pant as a high profile interlocutor to talk to separatists and others. His findings were never made public and he suddenly replaced by NN Vohra in 2003.

2000: Prime Minister Atal Behari Vajpayee appointed a team of Home Ministry bureaucrats to talk to a group of Kashmiri militants mostly belonging to a faction of the Hizbul Mujahideen. Appointment of bureaucrats instead of political heads apparently failed the whole exercise. Militants struck in vengeance killing 94 persons at different places over two days.

2001: In October, Jammu and Kashmir Kashmir assembly complex at in Srinagar is attacked, 38 people dead. 2001: Attack on Indian parliament in New Delhi on December 13. 2002: Prime Minister Vajpayee appoints senior BJP leader Arun Jaitly as Centre's interlocutor to talk to the National Conference on Autonomy resolution of 2000. The resolution was passed by Jammu and Kashmir Legisla-

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tive Assembly in June 2000 and was subsequently rejected by the Union Cabinet. Jaitly had two rounds of talks with National Conference Ghulam Mohuiddin Shah. The National Conference lost vote the same and further discussed on the issue were stalled.

2002: Peaceful and universally acclaimed free and fair elections take place to Jammu and Kashmir Legislative Assembly. First non-National Conference nonCongress government assumes charge after elections.

2003: Prime Minister Vajpayee announced ace bureaucrat (who later became Governor of Jammu and Kashmir) NN Vohra as his emissary to talk to Kashmiri separatists and others. Interlocutor's office worked at Vigyan Bhawan in New Delhi for nearly five years. Progress on the process was never shared to the public.

2003: India and Pakistan restore diplomatic ties on

2003: Delhi-Lahore bus service resumes on July 11

May 2.

2004: Deputy Prime Minister LK Advani is named by Prime Minister Vajpayee as his emissary to talk to the separatists. This was the first and last highest level of dialogue between separatists and the Government of India. There were rounds of talks but soon after Vajpayee government lost vote and the progress got stalled.

2004: Prime Minister Manmohan Singh and President Musharraf meet in New York during UN General Assembly on September 24. 2004: Prime Minister Manmohan Singh announces a massive Rs 30,000 Crore economic and infrastructure development package for Jammu and Kashmir.

2005: Seen as mother of all Confidence Building Measures, India and Pakistan launch a Cross-LoC bus service between Srinagar and Muzaffarabad -the capitals of the divided regions. This comes as the first transport link between two parts of the state over the Jehlum Valley Road after it was snapped in 1948. Subsequently, another bus service is launched between Poonch and Rawalalkote regions in 2006.

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2006: Second round of Indo-Pakistani peace talks begin in July 2006: Prime Minister Manmohan Singh convened a high level roundtable conference on Kashmir involving leaders of all major political parties as well as some non-political parties. Except Hashim Qureshi, all separatists stay away from the consultative process. First roundtable conference is held in New Delhi while the second is held in Srinagar. The Second Roundtable Conference agrees to set up five Workings Groups, later known as Prime Minister's Working Groups, to study various issues concerning the state. The mandates given to the Working Groups were to study: (1) Good Governance, (2) Economic Development, (3) Confidence Building Measures across the sections of society within the state, (4) Confidence Building Measures across the Line of Control and (5) Centre State relations. While first four Working Groups submitted their report to the third roundtable conference held in New Delhi in April 2007, the fifth and politically most crucial Working Group headed by Justice Saghir Ahmed submitted report to Jammu and Kashmir Chief Minister Omar Abdullah in December 2009. The State government has constituted a Cabinet Sub Committee to study the recommendations of the fifth Working Group which is yet to conclude its opinion.

2008: Amarnath land row breaks out after transfer of a piece of land to a temple trust in south of Kashmir Valley. Thousands of Kashmiris hit streets in what was described as the worst uprising since 1963. Similar agitations take place in Jammu as well with most of the state remaining under curfews for nearly two months.

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2008: In yet another landmark development, India and Pakistan launch Cross-LoC trade between two divided parts of Jammu and Kashmir on both routes -SrinagarMuzaffarabad and Poonch-Rawalakote. The launch of trade was seen by many as an appeasement to Kashmiri separatists to who had mobilised a 'march to Muzaffarabad' earlier in August. However, separatists said CBMs like Cross-LoC travel and trade were the diversionary tactics to neutralise the cross issue of Kashmir.

2009: After most eventful elections of 2008, Omar Abdullah of National Conference takes over as youngest Chief Minister of Jammu and Kashmir. His party forms government in alliance with the Congress.

2010: Following the killing of a young Kashmiri Tufail Ahmad Mattoo, massive protests and demonstrations erupt in Kashmir. In over three months of crisis 112 protesters are killed in firings by the security forces. Prime Minister sends an all party delegation to Kashmir in September to talk to the dissident groups. On recommendations of the All Party Delegation, the Home Minister announces a group of interlocutors to recommend measures for finding a solution to the Kashmir imbroglio. Interlocutors submit their report on October 12, 2011.

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MAHARAJA HARI SINGH'S LETTER TO LORD MOUNTBATTEN My dear Lord Mountbatten,

Following the October 1947 tribal raid on the Princely State of Jammu and Kashmir, the then ruler, Maharaja Hari Singh acceded to the Indian Union. He also sent, along with the accession documents, a letter explaining the circumstances leading to his decision. The letter, dated October 26, 1947, was addressed to the then Governor General of India, Lord Mountbatten. The full text of this letter is placed alongside

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I have to inform your Excellency that a grave emergency has arisen in my State and request immediate assistance of your Government. As your Excellency is aware the State of Jammu and Kashmir has not acceded to the Dominion of India or to Pakistan. Geographically my State is contiguous to both the Dominions. It has jvital economical and cultural links with both of them. Besides my State has a common boundary with the Soviet Republic and China. In their external relations the Dominions of India and Pakistan cannot ignore this fact. I wanted to take time to decide to which Dominion I should accede, or whether it is not in the best interests of both the Dominions and my State to stand independent, of course with friendly and cordial relations with both. I accordingly approached the Dominions of India and Pakistan to enter into Standstill Agreement with my State. The Pakistan Government accepted this Agreement. The Dominion of India desired further discussions with representatives of my Government. I could not arrange this in view of the developments indicated below. In fact the Pakistan Government are operating Post and Telegraph system inside the State. Though we have got a Standstill Agreement with the Pakistan Government that Government permitted steady and increasing strangulation of supplies like food, salt and petrol to my State. Afridis, soldiers in plain clothes, and desperadoes with modern weapons have been allowed to infilter into the State at first in Poonch and then in Sialkot and finally in mass area adjoining Hazara District on the Ramkot side. The result has been that the limited number of troops at the disposal of the State had to be dispersed and thus had to face the enemy at the several points simultaneously, that it has become difficult to stop the wanton destruction of life and property and looting. The Mahora powerhouse which supplies the electric current to the whole of Srinagar has been burnt. The number of women who have been kidnapped and raped makes my heart bleed. The wild forces thus let loose on the State are marching on with the aim of capturing Srinagar, the summer Capital of my Government, as first step to over-running the whole State. The mass infiltration of tribesmen drawn from distant areas of the NorthWest Frontier coming regularly in motor trucks using MansheraMuzaffarabad Road and fully armed with up-to-date weapons cannot possibly be done without the knowledge of the Provisional Government of the North-West Frontier Province and the Government of Pakistan. In spite of repeated requests made by my Government no attempt has been made to check these raiders or stop them from coming into my State. The Pakistan Radio even put out a story that a Provisional Government had been set up in Kashmir. The people of my State both the Muslims and non-Muslims generally have taken no part at all.

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With the conditions obtaining at present in my State and the great emergency of the situation as it exists, I have no option but to ask for help from the Indian Dominion. Naturally they cannot send the help asked for by me without my State acceding to the Dominion of India. I have accordingly decided to do so and I attach the Instrument of Accession for acceptance by your Government. The other alternative is to leave my State and my people to free-looters. On this basis no civilized Government can exist or be maintained. This alternative I will never allow to happen as long as I am Ruler of the State and I have life to defend my country. I am also to inform your Excellency's Government that it is my intention at once to set up an interim Government and ask Sheikh Abdullah to carry the responsibilities in this emergency with my Prime Minister. If my State has to be saved immediate assistance must be available at Srinagar. Mr. Menon is fully aware of the situation and he will explain to you, if further explanation is needed. In haste and with kind regards, Your sincerely, Hari Singh The Palace, Jammu 26th October, 1947.

INSTRUMENT OF ACCESSION

Text of the instrument of accession signed by Maharaja Hari Singh of Jammu and Kashmir and Lord Mountbatten of India on October 26, 1947.

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The Instrument of Accession was signed by Maharaja Hari Singh, the then ruler of the State of Jammu & Kashmir and accepted by the then GovernorGeneral of India, Lord Mountbatten, on 26 October 1947. The following is the text of the actual Instrument of Accession : Whereas, the Indian Independence Act, 1947, provided that as from the fifteenth day of August 1947, there shall be set up an independent dominion known as INDIA, and that the Government of India Act, 1935, shall, with such omissions, additions, adaptations and modifications as the GovernorGeneral may by order specify, be applicable to the dominion of India. And whereas the Government of India Act, 1935, as so adapted by the Governor-General provides that an Indian State may accede to the Dominion of India by an Instrument of Accession executed by the Ruler thereof. Now, therefore, I Shriman Indar Mahandar Rajrajeshwar Maharajadhiraj Shri Hari Singhji, Jammu Kashmir Naresh Tatha Tibbet adi Deshadhipathi, Ruler of Jammu and Kashmir State, in the exercise of my sovereignty in and over my said State do hereby execute this my Instrument of Accession and I hereby declare that I accede to the Dominion of India with the intent that the Governor-General of India, the Dominion Legislature, the Federal Court and any other Dominion authority established for the purposes of the Dominion shall, by virtue of this my Instrument of Accession but subject always to the terms thereof, and for the purposes only of the Dominion, exercise in relation to the State of J&K (hereinafter referred to as `this State') such functions as may be vested in them by or under the Government of India Act, 1935, as in force in the Dominion of India, on the 15th day of August 1947 (which Act as so in force in hereafter referred to as "the Act"). I hereby assume the obligation of ensuring that due effect is given to the provisions of the Act within this State so far as they are applicable therein

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by virtue of this my Instrument of Accession. I accept the matters specified in the Schedule hereto as the matters with respect to which the Dominion Legislature may make laws for this State. I hereby declare that I accede to the Dominion of India on the assurance that if an agreement is made between the Governor-General and the Ruler of this State whereby any functions in relation to the administration in this State of any law of the Dominion Legislature shall be exercised by the Ruler of this State, then any such agreement shall be deemed to form part of this Instrument and shall be construed and have effect accordingly. The terms of this my Instrument of Accession shall not be varied by any amendment of the Act or of the Indian Independence Act, 1947, unless such amendment of the Act or of the Indian Independence Act 1947, unless such amendment is accepted by me by an Instrument supplementary to this Instrument. Nothing in this Instrument shall empower the Dominion Legislature to make any law for this State authorizing the compulsory acquisition of land for any purpose, but I hereby undertake that should the Dominion for the purposes of a Dominion law which applies in this State deem it necessary to acquire any land, I will at their request acquire the land at their expense or if the land belongs to me transfer it to them on such terms as may be agreed, or, in default of agreement, determined by an arbitrator to be appointed by the Chief Justice of India. Nothing in this Instrument shall be deemed to commit me in any way to acceptance of any future constitution of India or to fetter my discretion to enter into arrangements with the Government of India under any such future constitution. Nothing in this Instrument affects the continuance of my sovereignty in and over this state, or, save as provided by or under this Instrument, the exercise of any powers, authority and rights now enjoyed by me as Ruler of this State or the validity of any law at present in force in this State. I hereby declare that I execute this Instrument on behalf of this State and that any reference in this Instrument to me or to the Ruler of the State is to be construed as including a reference to my heirs and successors. Given under my hand this 26th day of October, Nineteen Hundred and Forty Seven.

Acceptance of Instrument of Accession of Jammu and Kashmir State by the Governor General of India I do hereby accept this Instrument of Accession. Dated this Twenty-Seventh day of October Nineteen Hundred and Forty-Seven. Lord Mountbatten Governor General of India

Schedule The matters with respect to which the Dominion Legislature may make laws for this State.

Defence The naval, military and air forces of the dominion and any other armed forces raised or maintained by the Dominion; any armed forces, incl forces raised or maintained by an acceding State, which are attached to, or operating with, any of the armed forces of the Dominion.

Naval, military and air force works, administration of cantonment areas. Arms, fire-arms, ammunition. Explosives.

External Affairs

External affairs; the implementing of treaties and agreements with other countries; extradition, includ ing the surrender of criminals and accused persons to parts of His Majesty's Dominions outside India. Admission into, and emigration and expulsion from, India including in relation thereto the regulation of the movements in India of persons who are not British subjects domiciled in India or subjects of any acceding State, pilgrimages to places beyond India. Naturalization.

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Communications

Posts and Telegraphs, including telephones, wireless, broadcasting, and other like forms of communica tions. Federal Railways; the regulation of all railways other than minor railways in respect of safety, maximum and minimum rates and fare, stn and service terminal charges, interchange of traffic and the responsibil ity of railway Adm. as carriers of goods and passengers. Maritime shipping and navigation, incl shipping and navigation in tidal waters; Admiralty jurisdiction. Port quarantine. Maj ports, that is to say, the declaration and delimitation of such ports, and the constitution and powers of Port Authorities therein. Ac and air navigation; the provision of aerodromes; regulation and organization of air traffic and of aerodromes. Lighthouses, incl lightships, beacons and other provisions for the safety of shipping and ac. Carriage of passengers and goods by sea or by air. Extension of the powers and jurisdiction of members of the police force belonging to any unit to railway area outside that unit.

Ancillary

Elections to the Dominion Legislature, subject to the provisions of the Act and of any order made there under. Offences against laws with respect to any of the aforesaid matters. Inquiries and statistics for the purpose of any of the aforesaid matters. Jurisdiction and powers of all courts with respect to any of the aforesaid matters but, except with the consent of the Ruler of the Acceding State, not so as to confer any jurisdiction of powers upon any courts other than ordinarily exercising jurisdiction in or in relation to that State.

ARTICLE 370 OF CONSTITUTION OF INDIA ( Temporary provisions with respect of the State of Jammu and Kashmir )

Extracts from the provisions of Article 370 of the Constitution of India which grant special status to the state of Jammu and Kashmir within the Indian Union. The Article 370 as also the special status of Jammu and Kashmir has been under constant political and constitutional debate ever since.

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Notwithstanding anything in this Constitution: a. the provisions of article 238 shall not apply in relation to the State of Jammu and Kashmir, b. the power of Parliament to make laws for the said State shall be limited to; i. those matters in the Union List and the Concurrent List which, in consultation with the Government of the State, are declared by the President to corre spond to matters specified in the Instrument of Ac cession governing the accession of the State to the Dominion of India as the matters with respect to which the Dominion Legislature may make laws for that State; and ii. such other matters in the said Lists, as, with the concurrence of the Government of the State, the President may by order specify.

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Explanation-For the purpose of this article, 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; c. he provisions of article 1 and of this article shall apply in relation to this State; d. such of the other provisions of this Constitution shall apply in relation to that State subject to such exceptions and modifications as the President may by order specify i. Provided that no such order which relates to the matters specified in the Instrument of Accession of the State referred to in paragraph (i) of sub-clause (b) shall be issued except in consultation with the Government of the State: ii. Provided further that no such order which relates to matters other than those referred to in the last preceding proviso shall be issued except with the concurrence of the Government. 2. If the concurrence of the Government of the State referred to in paragraph (ii) of sub-clause (b) of clause (1) or in second proviso to sub-clause (d) of that clause be given before the Constituent Assembly for the purpose of framing the Constitution of the State is convened, it shall be placed before such Assembly for such decision as it may take thereon. 3. Notwithstanding anything in the foregoing provisions of the article, the President may, by public notifi cation, declare that this article shall cease to be operative or shall be operative only with such exceptions and modifications and from such date as he may notify: Provided that the recommendation of the Constituent Assembly of the State referred to in clause (2) shall be necessary before the President issues such a notification. 4. In exercise of the powers conferred by this article the President, on the recommendation of the Constitu ent Assembly of the State of Jammu and Kashmir, declared that, as from the 17th day of November, 1952, the said art. 370 shall be operative with the modification that for the explanation in cl.(1) thereof the following Explanation is substituted namely: Explanation-For the purpose of this Article, 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 the *Sadar-IRiyasat of Jammu and Kashmir, acting on the advice of Council of Ministers of the State for the time being in office.

DELHI AGREEMENT 1952

An agreement is arrived at on July 24, 1952, between Sheikh Abdullah and the Government of India. It provided for the State's autonomy within the Indian Union. The political parties of Jammu and Kashmir complain and government of India has often admitted to constant erosion of the special status of J&K as agreed upon in Delhi agreement.

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The representatives of Kashmir Government conferred with the representatives of Indian Government and arrived at an agreement in order to endorse the main decisions of the Constituent Assembly of the State of J&K. This arrangement was later on known as the "Delhi Agreement, 1952". The main features of this agreement were: i. in view of the uniform and consistent stand taken up by the Jammu and Kashmir Constituent Assembly that sover eignty in all matters other than those specified in the In strument of Accession continues to reside in the State, the Government of India agreed that, while the residuary pow ers of legislature vested in the Centre in respect of all states other than Jammu and Kashmir, in the case of the latter they vested in the State itself; ii. it was agreed between the two Governments that in accordance with Article 5 of the Indian Constitution, persons who have their domicile in Jammu and Kashmir shall be regarded as citizens of India, but the State legislature was given power to make laws for conferring special rights and privileges on the 'state subjects' in view of the 'State Subject Notifica

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iii.

iv.

vi.

vii. viii.

tions of 1927 and 1932: the State legislature was also empowered to make laws for the 'State Subjects' who had gone to Pakistan on account of the communal disturbances of 1947, in the event of their return to Kashmir; as the President of India commands the same respect in the State as he does in other Units of India, Articles 52 to 62 of the Constitution relating to him should be applicable to the State. It was further agreed that the power to grant reprieves, pardons and remission of sentences etc; would also vest in the Presi dent of India' the Union Government agreed that the State should have its own flag in addition to the Union flag, but it was agreed by the State Government that the State flag would not be a rival of the Union flag; it was also recognised that the Union flag should have the same status and position in Jammu and Kashmir as in the rest of India, but for historical reasons connected with the freedom struggle in the State, the need for continuance of the State flag was recognised there was complete agreement with regard to the position of the Sadar-i-Riyasat; though the Sadar-iRiyasat was to be elected by the State Legislature, he had to be recognised by the President of India before his installation as such; in other Indian States the Head of the State was appointed by the Presi dent and was as such his nominee but the person to be appointed as the Head, had to be a person acceptable to the Government of that State; no person who is not acceptable to the State Government can be thrust on the State as the Head. The difference in the case of Kashmir lies only in the fact that Sadar-i-Riyasat will in the first place be elected by the State legislature itself instead of being a nominee of the Government and the President of India. With regard to the powers and functions of the Sadar-iRiyasat the following argument was mutually agreed upon a. the Head of the State shall be a person recognised by the President of the Union on the recommenda tions of the Legislature of the State; b. he shall hold office during the pleasure of the President; c. he may, by writing under his hand addressed to the President, resign his office; d. subject to the foregoing provisions, the Head of the State shall hold office for a term of five years from the date he enters upon his office; e. provided that he shall, notwithstanding the expiration of his term, continue to hold the office until his successor enters upon his office" with regard to the fundamental rights, some basic principles agreed between the parties were enunci ated; it was accepted that the people of the State were to have fundamental rights. But in the view of the peculiar position in which the State was placed, the whole chapter relating to 'Fundamental Rights' of the Indian Constitution could not be made applicable to the State, the question which remained to be deter mined was whether the chapter on fundamental rights should form a part of the State Constitution of the Constitution of India as applicable to the State; with regard to the jurisdiction of the Supreme Court of India, it was accepted that for the time being, owing to the existence of the Board of Judicial Advisers in the State, which was the highest judicial authority in the State, the Supreme Court should have only appellate jurisdiction; there was a great deal of discussion with regard to the "Emergency Powers"; the Government of India insisted on the application of Article 352, empowering the President to proclaim a general emergency in the State; the State Government argued that in the exercise of its powers over defence (Item 1 on the Union List), in the event of war or external aggression, the Government of India would have full authority to take steps and proclaim emergency but the State delegation was, however, averse to the President exercising the power to proclaim a general emergency on account of internal disturbance.

In order to meet the viewpoint of the State's delegation, the Government of India agreed to the modification of Article 352 in its application to Kashmir by the addition of the following words: "but in regard to internal disturbance at the request or with the concurrence of the Government of the State." At the end of clause (1) Both the parties agreed that the application of Article 356, dealing with suspension of the State Constitution and 360, dealing with financial emergency, was not necessary.

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INDIRA - SHEIKH ACCORD 1975 Agreed Conclusions 1. The State of Jammu and Kashmir which is a constituent unit of the Union of India, shall, in its relation with the Union, continue to be governed by Article 370 of the Constitution of India.

Following an accord signed by Prime Minister Indira Gandhi and Sheikh Abdullah on February 24, 1975, Jammu and Kashmir was made a "Constituent Unit" of India the following day. Through this accord Indian Parliament reaffirms its right to legislate on any matter concerning the territory of the State. This accord paved way for return of Sheikh Abdullah to power after his prolonged detention since 1953.

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2. The residuary powers of legislation shall remain with the State; however, Parliament will continue to have power to make laws relating to the prevention of activities directed towards disclaiming, questioning or disrupting the sovereignty and territorial integrity of India or bringing about cession of a part of the territory of India or secession of a part of the territory of India from the Union or causing insult to the Indian National Flag, the Indian National Anthem and the Constitution. 3. Where any provision of the Constitution of India had been applied to the State of Jammu and Kashmir with adaptation and modification, such adaptations and modifications can be altered or repealed by an order of the President under Article 370, each individual proposal in this behalf being considered on its merits ; but provisions of the Constitution of India already applied to the State of Jammu and Kashmir without adaptation or modification are unalterable. 4. With a view to assuring freedom to the State of Jammu and Kashmir to have its own legislation on matters like welfare measures, cultural matters, social security, personal law and procedural laws, in a manner suited to the special conditions in the State, it is agreed that the State Government can review the laws made by Parliament or extended to the State after 1953 on any matter relatable to the Concurrent List and may decide which of them, in its opinion, needs amendment or repeal. Thereafter, appropriate steps may be taken under Article 254 of the Constitution of India. The grant of President's assent to such legislation would be sympathetically considered. The same approach would be adopted in regard to laws to be made by Parliament in future under the Proviso to clause 2 of the Article. The State Government shall be consulted regarding the application of any such law to the State and the views of the State Government shall receive the fullest consideration. 5. As an arrangement reciprocal to what has been provided under Article 368, a suitable modification of that Article as applied to State should be made by Presidential order to the effect that no law made by the Legislature of the State of Jammu and Kashmir, seeking to make any change in or in the effect of any provision of Constitution of the State of Jammu and Kashmir relating to any of the under mentioned matters, shall take effect unless the Bill, having been reserved for the consideration of the President, receives his assent ; the matters are: a. the appointment, powers, functions, duties, privileges and immunities of the Governor, and b. the following matters relating to Elections namely, the su perintendence, direction and control of Elections by the Election Commission of India, eligibility for inclusion in the electoral rolls without discrimination, adult suffrage and composition of the Leg islative Council, being matters specified in sections 138,139, 140 and 50 of the Constitution of the State of Jammu and Kashmir.

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6. No agreement was possible on the question of nomenclature of the Governor and the Chief Minister and the matter is therefore remitted to the Principals. Mirza Mohammad Afzal Beg G. Parthasarthi New Delhi, November 13,1974.

REGIONAL AUTONOMY COMMITTEE, 1999 29.

The foregoing discussion leads this Committee to conclude that there is a strong case for the decentralisation of political and economic power which can be achieved through autonomy of the regions in the State. In this regard two objectives of ensuring the self-governance and rapid human development are central to the concept of autonomy. However, before any specific recommenda tions are made in this regard, it is relevant to define the regions within the State. This issue is basic to the political and economic empowerment of the people.

MAPPING THE REGIONS 30.

31.

The National Conference government had appointed a one-man panel, headed by veteran journalist Balraj Puri, to make recommendations on Regional Autonomy. Puri later resigned and his report was dismissed by the government. Subsequently government appointed another panel headed and comprised of NC members. Its report was tabled in 1999. These are excerpted extracts from the report.

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32.

The mapping of regions in Jammu & Kashmir is a complex task. The tribal attack from Pakistan which resulted in a part of the State going into the occupation of that country has further added to the complexities. This Committee, through its interactions and memorandums sub mitted to it, has reached the conclusion that administrative divi sion of the State have given erroneous impression that these con stituted the actual regions of the State. It was pointed out that Ladakh has been declared administratively a part of Kashmir prov ince. However, from any standard it cannot be considered as Kash mir region. It was equally argued that Jammu province comprised 22 former principalities, each having distinct historical background cannot be declared as a single homogeneous region. It was also represented that latest SRO-126 dated 28-06-1994 issued by the Jammu & Kashmir Government as a sequel to Justice A.S. Anand Committee Report, which was constituted to look into the social and educational backwardness of Doda district, declared 562 vil lages out of 655 villages as backward. It was validly argued that hilly regions of the Jammu province, which were ethnically and even agro-climatically different from each other, faced different problems due to the specific regions could not be uniformly ap plied at the provincial level. The Committee feels that his logic applies to Kashmir province including Ladakh also. This Committee feels that there is dire urgency of defining the

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regions/province in the State to achieve the twin objective of self-governance and rapid social develop ment. The Committee is of the opinion that the prevailing classification of Provinces/Divisions are ham pering the processes of social/human development. The Committee is also of the view that this arrange ment is coming in the way of democratic participation at the grassroots level within the State. Thus, in view of historical, social, ethnic and development factors, this Committee recommends that the existing two Provinces/Divisions of Jammu & Kashmir should be classified into eight new regions/provinces. The Committee, therefore, recommends reconstituting Regions/Provinces as follows:1. Kamraz (Baramulla and Kupwara Districts) 2. Nundabad (Budgam and Srinagar Districts) 3. Maraz (Anantnag and Pulwama Districts) 4. Chenab Valley (Doda District and Tehsil Mahore) 5. Jammu (Jammu, Kathua & Udhampur [excluding Tehsil Mahore and Rajouri Districts) 6. Pir Panchal (Poonch and Rajouri Districts) 7. Ladakh (Leh District) 8. Kargil (Kargil District) This classification has been documented in detail in the annexure 'A' to this report. REGIONAL/PROVINCIAL COUNCILS (MODEL-1) 33. 34.

2. 3.

This experiment of regional/provincial autonomy will be the first of its kind in the country. Some guide lines regarding the constitution, elections and the subjects to be allocated to these Councils may be provided by District and Hill Councils established elsewhere in the country. This Committee recommends the establishment of Regional/Provincial Councils in the State to meet the requirement of devolution of power to different Regions/Provinces in the State. This Regional/Prov inces Council may be set up according to the classification of Regions/Provinces as provided in the An nexure 'A' to this report. The Regional/Provincial Councils should be elected in the same manner in which the state legislature is elected. The delimitation of the constituencies should be carried out by the State Election Commission constituted for this purpose. The number of constituencies should be determined in a manner that at least two members from each Block are elected to the Council according to the constituencies delimited for this purpose. There should be a reservation of 25% seats for women in the Council. The leader of the majority party so elected in the Region/Province shall head the Regional/Provincial Council and be des ignated as Chief Executive Councillor. He/She shall have the status of Ministers of the State. He/She shall not have more than four Executive Councillors to aid and assist him/her. The establishment of Regional/Provincial Councils shall, in no way, affect the institutions of the State, viz; Governor, Chief Minister and his Cabinet, Legislative Assembly, Judiciary and State cadre of services. These institutions shall continue as they are. The Regional/Provincial Councils shall enjoy the executive and taxation powers which should be limited to the subjects allocated to the Council. These subjects should be allocated keeping in view the specifici ties of Jammu & Kashmir State. In this behalf, the experience of District Councils established elsewhere in the country could provide some guidance. However, this matter needs to be examined carefully by a Committee of Experts which may be constituted separately. There is equally a need to amend the State Constitution which would define the powers of the Councils as well as provide the mechanism for trans ferring of items from one list to another, i.e. from the State to Regional/Provincial list or vice versa. There is also need to evolve a mechanism to deal with the situation where the Regional/Provincial Council has lost the majority, or has failed to carry on its functions within the provisions of the State Constitution, or is working against the interests of the State or the Country. It is well recognize that political autonomy is tethered to financial autonomy. However, as observed elsewhere, that this would be the first ever experiment of this nature in the country, the selection of subjects to be dealt with by the Regional/Provincial Councils and the areas of allocation of funds and powers of taxation etc. need to be worked out carefully. It is equally a fact that different Regional/ Provincial of the State do not face uniform problems. For instance, the development problems of Nundabad Region and the problems of Maraz are not the same. In the same vein, the development problems which these Regions/Provinces face are not similar to the problems in Chenab Valley Region. This Committee is of the view that the basic objective of regional autonomy is to replace the mechanisms and processes of

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centralized decision making in governance and development by decentralized institutions which would hamper social development in the Regions/Provinces. This Committee is of the view that patterns of financial autonomy of Panchayati Raj institutions as prevailing in Karnataka, West Bengal and Kerala be further studied and a model for the financial autonomy of the Regional/Provincial Councils be evolved. An Experts Committee may be constituted to propose a model for a financial autonomy for the Councils. DISTRICT COUNCILS (MODEL-II) 35. This Committee is aware of the commitment of the Government in the State towards promoting better involvement and participation of people in different regions for a balanced political, economic, social, cultural and educational development. In this behalf, as discussed and proposed in foregoing paras of this report, the Regional/Provincial Councils would be the ideal institutions to achieve these objectives. 1. The Committee has suggested in its Approach Paper that more than one approach may be adopted in dealing with the issue of internal autonomy in the State. The Committee is of the view that this alterna tive approach may also be spelled out for the consideration of alternative approach may also be spelled out for the consideration of the Government. The Committee, therefore, recom mends that the Government may consider setting up District Councils as an alternative to the Regional/ Provincial Councils. In view of the experience of District Councils elsewhere in the country, the Committee feels that these Councils in coordination with Panchayati Raj institutions can be effective agents in augmenting the processes leading to faster pace of human develop ment, besides providing effective organs of local self government. The State has been a forerun ner in introducing the concept of 'District Planning' by initiating 'Single Line Administration' in the year 1976. The system was introduced to meet the aspirations of common man by making the planning more effective and ensuring speedy implementation of development programmes. In order to further democratise the system, the District Development Commissioners were replaced by Ministers of the Cabinet as chairpersons of District Development Boards. The Committee is of the view that this experiment has been quite fruitful. The establishment of District Councils shall, drawing upon this experience, completely democratise the processes of planning and de velopment at the District level. 36. The Committee, therefore, recommends that in case this model of internal autonomy is accepted, suit able amendment in the Constitution of the State should be carried out. 37. The District Councils may be established in the existing districts of the entire Jammu & Kashmir State. 38. The District Councils should be elected in the same manner in which the State Legislature is elected. The delimitation of the constituencies should be carried out by the State Election Commission constituted for this purpose. The number of constituencies should be determine in a manner that at least two members from each Block are elected from the constituencies delimited for this purpose. There should be a reser vation of 25% seats for women in the Council. The leader of the majority party in the Council shall be designated as Chief Councillor and shall have the status of Minister of the State. He/She shall have not more than four Executive Councillors to aid and assist him/her. 39. The District Councils shall enjoy the executive and taxation powers which should be limited to the sub jects allocated to the Council. These subjects should be allocated keeping in view the specificities of Jammu and Kashmir State. In this regard, the experience of District Councils functioning elsewhere in the country could provide some guidance. The Committee also recommends that an Experts Committee, proposing the subjects to be allocated to the District Councils, be constituted. 39.1. The Committee also recommends the evolving of mechanisms to deal with the transfer of subjects from the State list to District list and vice versa. There is also need to evolve the mechanism of dealing with a situation where the leader of the majority party has lost the majority in the Council, or has failed to carry on its functions within the provisions of the State Constitution, or is working against the interests of the State or Country. 40. The Committee recommends that the issue relating to the allocation of funds and the powers of taxation may be assigned to a committee of Experts which should be constituted for this purpose. It needs to be recognized that the problems of development of different districts are not uniform.

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CONCLUSIONS 1. 2.

6. 7. 8. 9. 10.

This Committee is aware of the commitment of the Government in the State towards promoting better involvement and participation of people in different regions for balanced political, economics, educa tional, social and cultural development. The Committee recognizes that there is a perception of neglect and injustice, real or imaginary, existing among the groups in the diverse regions/provinces of the State. The Committee is of the view that there is urgency in evolving the mechanisms of decentralization of political and economic power to the grassroots level. There is equally an urgency to empower the local organs of State power. In order to achieve the foregoing objective, the Committee has recommended the formation of Re gional/Provincial Councils in the State. The Committee is of the view that identifying the Regions/Prov inces at this point of time has a special relevance in achieving the objective of devolution of power and bringing about the speedy social development by providing the opportunities of democratic governance and participation in developmental programmes to the ethnic identities in the State. The Committee is also of the view that another approach of satisfying the urges of local self-governance and devolution of political and economic power to people at the grassroots lies through the constituting of District Councils. The Committee has elaborately discussed the reasons of proposing an alternative model of District Councils. The Committee leaves it to the discretion of the Government to accept and adopt one or the other model for the State as recommended in this report. The Committee also recommends that Government may constitute an Experts Committee and seek its opinion on the proposed models before taking a final decision in this behalf. The Committee is of the view that constituting the Regional/Provincial or District Councils will have an enormous impact on the existing administrative structures in the State. Therefore, the Committee rec ommends constituting a Finance Commission for the Jammu and Kashmir State. The Commission would recommend the methods and mechanisms of raising the funds, devolving the funds to different organs and provide the norms for transfers from the consolidated fund of the State to Regional/Provincial or District Councils. The Committee recommends that necessary amendments to the Constitution of Jammu and Kashmir, after the decision of adopting the model of Regional/Provincial Councils or the model of district Council s has been taken by the Government, should be carried out in order to bring a particular model within the Constitution framework of the State. The Committee recommends that necessary changes in the functioning of Academy of Art, Culture and Languages may be carried out in order to implement the recommendations made in the report. The Committee also recommends the early setting up of Municipal Corporations in the capital cities of Srinagar and Jammu in view of the changing face of these two completely urbanised cities of the State. The Committee recommends that in any set-up adopted by the Government, a special consideration may be shown for the development of the comparatively most backward and hilly areas of the State, viz. Lohai Malhar, Bani, Dudu Basantgarh, Panchari, Paddar, Marwah, Tangdar, Gurais and Uri. The Committee expresses its gratitude to the people, political leaders, activists, writers, teachers, doc tors from different regions of the State for extending their co-operation by interacting with the Commit tee. The Committee concludes this report on this note "The day will come when the progress of Nation will be judged not by their Military or Economic strength, nor by the splendor of their capital cities and public buildings, but, by the well being of their peoples; by their levels of Health, Nutrition and Education". ('The Progress of Nation' - UNICEF document, 1994)

SYED MUSHTAQ BUKHARI MLA MUBARAK GUL MLA MOHAMMAD SHAFI Finance Minister

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STATE AUTONOMY COMMITTEE, 1999 Chapter Xiv: Summary Of Recommendations

Temporary, Transitional and Special Provisions (Part X)

The word "temporary" is deleted from the title of part X of the Constitution of India and the word "temporary" occurring in the heading of Article 370 be substituted by the word "special".

Legislative Relations (Part XI)

Matters in the Union List not connected with the three subjects of Defence, External Affairs and Communications and/or Ancillary thereto, but made applicable should be excluded from their appli cation to the State. All modifications made in Article 246 in its application of the State subsequent to the 1950 order should be rescinded. Articles 248, 249, 250 and 251 whether applied in original or substi tuted/modified form should be omitted from their application to the State. As in 1950 and 1954, List II (State) and List III (Concurrent) of the Seventh Schedule should not be applicable to the State. Article 254 should be restored to the position it had in its applica tion to the State in 1954. Articles 262 and 263 which were not applicable under 1950 Order but were subsequently extended to the State should cease to ap ply.

b. c. d. e. f.

The National Conference contested 1996 elections on Greater Autonomy manifesto. After coming to power the government appointed a panel under former Sadr-e-Reyasat Dr Karan Singh to make recommendations on Greater Autonomy. After sometime Karan Singh resigned citing personal reasons. Subsequently, senior NC leader and Minister Ghulam Mohiuddin Shah headed the panel. Here are extracts from the summary of recommendations of the report tabled in 1999.

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Elections (Part XV) Changes brought about in this Part be reversed and consequential changes in other Articles in this Part be effected.

Emergency Provisions (Part XVIII)

The following should be added to C1.6 of Article 352 in its applica tion to the State:"Provided that this request for concurrence of the Government of the State shall be subject to whatever decision the State Assembly may take within two months of declaration of emergency and fail ing any such decision, the proclamation of emergency shall be deemed to have been revoked." Sub-clause (9b) of C1.6 of this Article should be deleted. Article 355, 356, 357, 358, 359 and 360 should be made non-appli cable to the State as was the position in 1954. Fundamental Rights (Part III)

b. c. 1.

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This part should be deleted. A separate chapter on Fundamental Rights be included in the State Constitu tion. 2.

The Union (Part V)

a. b.

Article 72 (1) (c), 72 (3), 133, 134, 135, 136, 138, 145 (1) (c) and 151 (2) should be made non-applicable to the State as was the position in 1950 Order. Articles 149, 150 and 151 should apply to the State in the form in which they were in 1954.

The State (Part VI)

i. ii.

Article 218 be omitted in its application to the State and the position as it existed before the Jammu and Kashmir Constitution (First Amendment Act) of 1959 restored. Article 220, 222 and 226 should also be omitted in its application to Jammu and Kashmir State.

Finance, Property, Contracts and Suits (Part XII) The matter may be discussed between the state representatives and the Union Government as agreed to during the talks in 1952 (Delhi Agreement).

Services Under the Union and the States (Part XIV) In Article 312, the brackets and words "including the State of Jammu & Kashmir" inserted by the Constitu tion (Application to Jammu and Kashmir) Order 1958 be omitted.

Special Provisions Relating to Certain Classes (Part XVI)

Application of Articles 338, 339, 340, 341 and 342 to the State should be omitted and corresponding provisions made in the State Constitution. 4.

Amendment of the Constitution of India (Part XX)

i. ii.

Clause (4) of Article 368 added vide C.O. 101 be deleted. Clause (2) of the Article should apply with the proviso already introduced by 1954 order and clause (1) thereof which was not in existence in 1954 and was introduced in 1971 should remain omitted in its application to the State.

Schedules

In the Seventh Schedule, entries in the Union List not applied to the State by the Constitution (Application to Jammu and Kashmir) Order, 1950 should be omitted. Concurrent List which was not applicable to the State in 1950 but was applied by subsequent orders should cease to apply to the State. 2. i. ii.

Changes in the State Constitution All amendments in the Constitution of Jammu and Kashmir made vide: Constitution of Jammu and Kashmir (First Amendment) Act, 1959 in so far as they related to superinten dence, direction and control of elections to the State Legislature and to the State High Court; and Constitution of Jammu and Kashmir (Sixth Amendment) Act, 1965 relating to the change of nomenclature of the Head of the State and State Executive, mode of appointment of the Head of the State and other consequential amendments should be repealed and the original provisions of the constitution of Jammu and Kashmir restored.

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To sum up, the provisions of the Constitution of India specified in the Second Schedule and the matters specified in the First Schedule to the Constitution (Application to Jammu and Kashmir) Order, 1950 and the matters agreed to by the representatives of the State and the Union vide Delhi Agreement of 1952 should continue to apply to the State subject to the same exceptions and modifications as are specified in the said Order and the Delhi Agreement. All orders issued thereafter under clause (1) of Article 370 of the Constitution of India by the President, applying various provisions and matters of the Constitution of India to the State whether in full or in modified form or making any change in the provisions or matters already applied by 1950 Order or agreed to under Delhi Agreement should be rescinded and the provi sions or matters so applied to the State cease to apply. Also the changes made in the State Constitution vide Constitution of Jammu and Kashmir (First Amend ment) Act, 1959 and Constitution of Jammu and Kashmir (Sixth Amendment) Act, 1965 be repealed and the original provisions of the Constitution of Jammu and Kashmir as adopted by the State Constitution Assembly on November 17, 1956 be restored.

CHAPTER XV: SAFEGUARDS FOR FUTURE In the preceding chapters, we have discussed in detail the extent to which erosion was caused to the State autonomy from time and also suggested remedial measures. That completes the job assigned to us by first item of the terms of reference. There are, however, two other items which require our consideration. The first is to ensure the "inviolability" of the final settlement, and the other is to keep in mind the need to maintain "harmonious" relations with the Centre. A suggestion has been made that Article 258 should be invoked for entrusting to the State "functions in relation to any matter to which the executive power of the Union extends". This would put a seal on the record of the past. "Functions" so "entrusted" can always be recalled back. The issue is not one of executive "functions" but legislative "powers" apportioned the Instrument of Accession in 1947 and the Delhi Agreement of 1952 to which the President's Order of May 14, 1954 gave constitutional sanction besides, of course, Article 370 itself. To them must we return if popular sentiment is to be respected and resentments assuaged. It is first and foremost a moral issue. It also has important constitutional and political aspects. In the nature of things, redress can only be through another compact between the Union and the State. Once the basic principles are agreed, there will be discussion on procedure. Forty year of unconstitutional practice has created a mess. The best course is for the President to repeal all orders which are not in conformity with Constitution (Application to Jammu and Kashmir) Order, 1950 and the terms of the Delhi Agreement of 1952. Ever since Article 370 has acquired a dangerously ambiguous aspect. Designed to protect the State's autonomy, it has been used systematically to destroy it. A compact is necessary between the Union and the State which makes ample redress and finalizes their relationship by declaring a "Constitutional Understanding" that Article 370 of the Constitution of India beyond the ones extended under the new 1950 Order and the Delhi Agreement, 1952. This could be embodied in new Article that specifies the Agreement as part of the unamendable basis structure of the Indian Constitution. Such constitutional understandings have been formulated in other democracies. The complexities of the situation render it the best, perhaps the only, course for removing the debris of an unhappy past and building in its place, a relationship between the State of Jammu and Kashmir and the Union of India which reflect the most vital aspect of federalism -- mutual trust and respect.

Mohi-ud-Din Shah, Chairman

Abdul Ahad Vakil, Member

Abdul Rahim Rather, Member

Bodh Raj Bali, Member

Piyaray Lal Handoo, Member

Moulvi Iftikhar Hussain Ansari, Member

Kushok Thiksey, Member

Teja Singh, Member-Convenor

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ESSENTIAL DOCUMENTS DELHI-KASHMIR AXIS

Text of NDA Cabinet Decision on Jammu and Kashmir Autonomy Resolution

On June 26, 2000 the Jammu and Kashmir Legislative Assembly passed a resolution asking the Centre to grant Greater Autonomy to the state. The resolution was forwarded to Union Government which was subsequently rejected. Placed alongside is the text of decision of NDA Cabinet, headed by Prime Minister Vajpayee, on J&K Autonomy.

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The following is the Union Cabinet's response to the resolution adopted by the Jammu & Kashmiri State Assembly on June 26, urging that the pre1953 constitutional position in the State be restored. The government is committed to the promotion of federal harmony by ensuring a partnership of the Centre and the States as laid down in the National Agenda for Governance of the National Democratic Alliance. The National Agenda for Governance of the NDA states in no uncertain terms that "there is a clear case for devolution of more financial and administrative powers and functions to the states." It further says that "suitable steps will be taken to ensure harmonious Centre-State relations in the light of the recommendations of the Sarkaria Commissionâ&#x20AC;Ś" In the last two years, the government had taken several steps in this direction. The government reaffirms its commitment to continuing its endeavour to evolve a broad consensus on the implementation of steps for wide-ranging devolution of powers to the State that leads to efficiency in administration, acceleration in development and the fullest realisation of the creative potential of all sections of our people. The setting up of a Commission to review the Constitution is also a step in this direction. In the above context, the Cabinet finds the resolution passed by the State Assembly of Jammu and Kashmir endorsing the report of the State Autonomy Committee unacceptable. The Cabinet feels that the acceptance of this resolution would set the clock back and reverse the natural process of harmonising the aspiration of the people of Jammu and Kashmir with the integrity of the nation. Most of the recommendations contained in the report of the State Autonomy Committee seek to reverse the application of constitutional provisions to the State of Jammu and Kashmir which may not only adversely affect the interests of the people of the State but would also tantamount to removal of some of the essential safeguards enshrined in our Constitution. Besides, the issue of restoring the constitutional situation in Jammu and Kashmir to its pre-1953 position had been discussed in detail by Sheikh Mohammad Abdullah with Prime Minister Indira Gandhi in 1974-75. It is noteworthy that the agreement signed after these negotiations had affirmed that "provisions of the Constitution of India already applied to the State of Jammu and Kashmir without adaptation or modification are unalterable". The Cabinet urges the people and the Government of Jammu and Kashmir to join hands in the endeavour to address the real problems facing the State: to root out insurgency and cross-border terrorism and to ensure accelerated development. The Centre will continue to provide all possible assistance for attaining these objectives. The cabinet, therefore, decides not to accept the resolution passed by the Jammu and Kashmir Assembly on the report of the State Autonomy Committee. The Government is of the firm conviction that national integration and devolution of powers to States must go together.

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Epilogue, November 2011

INTERVENTION CULTURE OF VALUES

Whither our Kashmiriyat? G A PARRAY

The Kashmir region boasts of a rich cultural, literary and spiritual heritage which has helped evolve the 'Kashmiriyat' or the identity of its people. What does this mean today in a region which has not only witnessed two decades of conflict but continuing decline of values in social and public life? It is time, to raise the human spirit and goodness to overcome the evils that exist within society.

on the back foot once again given the slew of charges and countercharges on issues which continue to burn, both within the Assembly and amongst the people. The conflict in J&K is more than two decades old and that in itself has torn apart the social fabric, the governance and development structures, testing it to its limits. In more recent years, it has been the deafening cry of the common people to actions taken by the security forces to keep law and order in a region which continues to be sensitive, to face internal conflict as well as crossborder terrorism. The question however is not one of political or strategic exigencies alone. Nor is it of governance and development agendas which infact have over the last few months been taken up in concrete ways particularly after the Panchayat elections. It goes deeper, into the people of Kashmir's perception about themselves, their historical roots, their culture, the values that over time have been handed down and been preserved. After all, this is a region which has seen the full expression and expansion of major religions, Hinduism, Buddhism, Islam with all

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the cultural, artistic and literary ethos of each leaving an indelible mark on Kashmir's common heritage. So what is the picture of this region with its spectacular natural beauty, its rich religious and cultural influences today? Why is it the hotbed of events, trends and developments that mar rather than uplift the hu-

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man condition? In Kashmir, there is a deficit of selfworth amongst the people. There is an erosion of values that binds society together and knits it into a harmonious whole. What is the reason that in this 'paradise on earth', evils like drug abuse mark society? Not only is it destroying the youth,

Epilogue, November 2011

INTERVENTION CULTURE OF VALUES

their health, their opportunities for the future, but also spawning a culture of illegal sale of charas, brown sugar and even abuse of medicinal drugs known to have psycho -tropic. This is not to say that no voices are being raised against such regressive trends in society. Some two years ago, some women in Kashmir began a movement against such elements in society. This was however, put down with a heavy hand by the government which in effect broke this nascent movement. Probably, it had not gathered the momentum that is required to sustain such an effort, the deep roots within society that act as a reservoir in the face of counter-moves to quell such voices. There seems to be hardly any check. The sale and availability of all such psychotropic substances is rampant, in shops, hotels, bars, and clubs. The people who run these are not from outside, they are Kashmiris themselves. I wonder if they stop to reflect, not on their immediate profit but on the havoc it is causing society, already under duress. Today, some of university and college students openly sell and consume drugs. Student life is most precious time, a foundation for a future of new opportunities and hope. The scourge of drugs is casting its shadow not only on the sanctity of these institutions but the future of the Gen Next. Is this the society that we visualise as ideal for our people, for our children, many of them orphaned, for our women, many who are widowed, the elderly who have lost their grown-up sons? All these human tragedies are the human face of the conflict in J&K. Yet we do not seem to have the impetus for transformation, to rid the evil from within. In many rural areas in Kashmir, people live in poverty, in depriva-

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tion. Development and governance stands compromised in several areas, which have witnessed conflict, where people have lived in fear, a deep sense of insecurity, often caught in the cross-fire, a victim of militancy, reflecting its human condition. Ironically, during the height of militancy, the sale and usage of drugs was frozen, perhaps it was the sheer terror that was at work here. The few wine shops in Srinagar were shut down during the period. The nation has witnessed a groundswell of anger and outrage against corruption which has permeated our polity and society in insidious ways, robbing the impetus for good governance, clean administration. In J&K too, the situation is bleak, though there was no vocal support from within society. Corruption and deal-making is part of the culture, but is hidden. There are no social movements or public outcries against what is wrong. We owe it to our culture, our heritage, our inherited values from the religious teachings handed down

the ages to script a cleaner, brighter Kashmir story. Why cannot the common man or woman pledge not to give or take a bribe, to shun alcohol and drugs, to lend a shoulder to the weak, the vulnerable, the downtrodden? Why should we all await a solution from the top? After all, our lives, our society is a reflection of the choices we make, between good and evil, between right and wrong, between what is beneficial for society and what is detrimental. Is this so difficult? The time is right now, here in the Kashmir Valley; this is a wake-up call. Change is always from within, which then reflects in the way we respond to the challenges of our society, the way we are governed, the way our leaders envisage and lead our people to peace and prosperity. We need such leaders, who are fully aware of the pitfalls and the negatives within society and take the struggle to forums which could firm up the impetus for a transformation within the society and polity of Kashmir.

Is this the society that we visualise as ideal for our people, for our children, many of them orphaned, for our women, many who are widowed, the elderly who have lost their grown-up sons? All these human tragedies are the human face of the conflict in J&K. Yet we do not seem to have the impetus for transformation, to rid the evil from within. In many rural areas in Kashmir, people live in poverty, in deprivation. Development and governance stands compromised in several areas, which have witnessed conflict, where people have lived in fear, a deep sense of insecurity, often caught in the cross-fire, a victim of militancy, reflecting its human condition. Ironically, during the height of militancy, the sale and usage of drugs was frozen, perhaps it was the sheer terror that was at work here. The few wine shops in Srinagar were shut down during the period.

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Epilogue, November 2011

LADAKH AFFAIRS FEATURE

Education or Literacy: Nomads at the Crossroads KUNZES DOLMA

With changing times, the nomads of Ladakh are increasingly turning to sedentary lifestyles, choosing to send their children to residential mainstream schools rather than have them accompany the nomadic groups to graze the livestock and learn the traditional skills and wisdom of surviving the harsh climes of the Changthang plateau in remote Ladakh. Will the 3 Rs help them learn the skills of modern survival? Tsering Gurmat is a school drop-out. Nothing uncommon there, except that Tsering had to drop out because of a new primary school established in the neighborhood. The irony is not lost on Tsering's parents, who had hoped to give their children the education they didn't themselves get. In the remote Himalayan region of Changthang in Ladakh, many nomadic parents, wiser after a lifetime of harsh nomadic life in sub-zero temperatures, face the dilemma of whether to leave their children behind in the residential school or take them along in their seasonal trek across the hills with their livestock. The heavy dependence on children to share the work load for survival in the harsh, multi-tasked routine of grazing the livestock across the ranges of Changthang clashes with a growing realization that education is perhaps the key to a better, certainly easier, future for their children. A way of life that sustained them for 2,000 years may not quite be working as well now. Nearly 150 Changpa families, nomadic pastoralists who trace their origins to Tibet, live alongside about 20 Tibetan refugee families in the four main villages of Korzok, Rupsho, Kharnak and Alkung close to the breathtaking Tso Moriri lake in eastern Ladakh. This vast grazing ecosystem in the Indian Trans-

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Himalaya stretches over 22,000 square kilometers. Livestock is the mainstay of the economy; the highaltitude, arid landscape in this cold desert supports little else. Few families in Korzok lead a settled life. Situated 3 km from the northwest end of the Tso Moriri Lake at 15,075 ft, this small village is one of the highest permanent settlements in the world. The closest town, Duruk, is over 100 km away; the capital of Leh nearly 150 km. the region is cut off for about eight months a year due to snow. The Changpas move camp nearly ten times a year locating green pastures for their yaks, sheep, goats and horses, their robos (small yak-hair tents) dotting the spectacular landscape. The animals' produce offers an adequate, indeed sustainable, source of livelihood: Pashmina, or cashmere wool, is the most valuable; others include sheep wool, yak wool, curd, butter, and cheese. While children help with the numerous tasks, they are also relied upon to look after aging parents. As recently as four decades ago, there were virtually no Government facilities for the Changpas in Korzok. In the 1970s, the Jammu & Kashmir State Government set up mobile schools to provide elementary education to children. It was the first generation exposed to mainstream

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education - and thoughtfully incorporated the nomadic way of life by moving with the families and animals every few months. A special tent would be set up for the school where children learnt to read and write in Urdu and their native Bodhi language. The enrollment was not spectacular, but it was a beginning. Things changed when the government, zealous in its efforts to educate Indians across the vast and remote parts of the country, started constructing primary schools in remote locations. One such school promptly came up in Korzok; it was later upgraded to a middle school. Over the years, the government helpfully proceeded to set up a new Centralized Residential School in the Puga, intended to cater to all nomad families in the region. No mean feat in the barely connected arid grasslands, but it resulted in suspension of all mobile schools. Standing at a crossroad,Tsering's baffled parents had to make a choice: leave their child behind in the residential school for the required nine months in a year for a 'mainstream' education; or keep up the familiar and, so far sustainable, nomadic life that required children to help with the numerous family chores. They chose the latter; Tsering left school and moved on with the herd. Many children end up not be-

Epilogue, November 2011

LADAKH AFFAIRS FEATURE

ing enrolled in school at all. Some families chose modern education and a more sedentary lifestyle: about 90 students aged four to sixteen now study at the Nomadic Residential school. The opening of the school at Puga was a welcome step but they fear that their children won't learn anything about nomadic life. Presently the many nomads wish for such a school which would move with them so that the children could learn their work as well as the modern education. The Changpas are not an isolated case. South Asia has the world's largest nomadic population. India alone is estimated to have over 60 million nomads, belonging to over 350 formally identified nomadic groups. Studies indicate that many children who never enroll in schools come from communities with livelihoods that require them to move from place to place. India's landmark Right to Education

Act in 2009 committed the state to ensure that all children from 6-14 years of age have access to basic education. In line with this, under the central government's flagship education scheme, Sarva Shiksha Abhiyan, innovative means were tried to include children who were in particularly challenging circumstances. The implementation of these initiatives, however, leaves much to be desired. In a recent review of the education schemes, Chief Minister Omar Abdullah reaffirmed his government's commitment to utilizing the central schemes towards the goal of 100 percent enrolment of boys and girls at the primary level, against the current 65.67 per cent. "The Government is keen to revive the mobile school scheme in the state and help children of migratory population to receive education throughout the year without any break," he said. Traditionally, nomads have sus-

tained a productive system that preserves the ecosystem while providing adequately for the populace in the region. Incorporating their rich knowledge base within the education system, the mobile schools of Jammu and Kashmir, by intent, are an innovative step in the right direction but severely lack effective implementation. The famed Ladakh Vision Document 2025, created after extensive deliberations in 2005, envisions a society where education would "build human resource in order to create a happy Ladakh, through the harmonious use of our natural resources, guided by our cultural resources." Making that dream come true will take a lot more than the occasional review. Till then, concerned parents in Changthang will continue to balk at the choice they are forced to make for their children: the education of modern schools or the wisdom of their ancestors. Charkha Features

Ladakh Against Corruption: The Anna Effect RINCHEN ANGMO

The movement of Anna Hazare has received support from Ladakh with thousands of people gathered in Leh Town to express solidarity with Anna team. A day long dharna was held in the city under the leadership of Pintu Norboo, a civil society leader. People from different religious organizations, political parties, civil society and NGOs participated. It seems that people of Ladakh are also in full swing to bring an end to the corruption culture.

The former MP, Thupstan Chhewang said that it is the responsibility of every citizen to support such a leader who without having any political or any other ambition is struggling to weed out corruption from public life. He also appealed the sit-

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ting MP from Ladakh Ghulam Hassan Khan to support Anna's present Jan Lokpal Bill in the Parliament. It's high time that people should understand the evils of corruption and raise their voice against the same. The last two decades, Ladakh has

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seen a steep upward trend in the graph of existing corruption. The media, the public, the variety of forums for discussions and debates for the higher intelligentsia are all neck deep buried in highlighting the rampant corruption in every sphere. In

Epilogue, November 2011

this debate the rural folk are also not far behind. These days they are also very well aware of the malpractices in the highest of levels of all places. So much so that now, the average Ladakhi has reached the highest level of disgust and disappointment at the way things are moving in this place. This corruption as we see it today is not a development that has come overnight, it has been a continuous process for the last several decades and, today it has seeped into the very blood stream of the system. Why and how this monster of corruption has taken such a firm hold on Ladakh so much so that, it is almost impossible to done a work without money. It is not that, corruption did not exist earlier, it is not that today there are no honest people, then why do we all yes, I say all feel that, corruption is rampant everywhere and all the time. This is because of the simple reason that this malady has spread through the entire length and breadth of our social fabric and gone down to the deepest levels. How has this come to be? Would be quite a pertinent question. The corrupt practices have now become our lifestyle to such an extent

LADAKH AFFAIRS FEATURE

that, we do not seem to feel that there is anything wrong in what all we are doing., and that things should not be as they are. We, on the contrary are inclined to justify all wrong saying that, without doing wrong we cannot exist or be functional. When we start thinking that corruption is a must, then I feel that the situation has reached a point of no correction. This present apathy shows how far the degradation of our values has reached, and how low the system has dipped. When we start justifying all the wrongs we do, it is the beginning of the end., as, we are not only doing wrong, we are at the same time thinking that it is correct, then where can the scope be for correction? The tentacles of corruption can be dealt with only with an iron hand, and above all, must start cleaning from the top of society. However, as we have seen many times, this does not happen. Our experience shows that, as soon as a big name is involved in any corruption case, there is a lot of hullaballoo for some time, and it all dies down with the passage of time and the corruption continues unabated. How does this happen? When the senior cannot be punished

how can there be any cleaning at the bottom. It would not even be fair to punish the lower rungs of the ladder when the higher rungs continue to bask in the sunshine of their riches. The way in which these cases are being dealt with clearly indicate that no one will be hurt as, all those, yes all those who matter are involved in corruption. So, at present, the situation is of "who will bell the cat?" Everyone knows who the corrupt are but, the irony of our system is such that no one can be touched. If this situation remains any longer, it is a wonder if there could be any light at the end of the tunnel. Corruption starts where belongingness ends. Nobody will ever ask for a bribe from his family and dear ones. The means through which we can spread belongingness is spirituality. Work hard, be self-sufficient and stand on your own feet. We have to instill the belief that whatever is yours, you will get. Inner strength and awareness needs to be awakened. Only then, constructive change is possible. Irrespective of the status of the wrong doer everyone, big or small, high or low, must be dealt with an iron hand, and that also at a fast speed.

The last two decades, Ladakh has seen a steep upward trend in the graph of existing corruption. The media, the public, the variety of forums for discussions and debates for the higher intelligentsia are all neck deep buried in highlighting the rampant corruption in every sphere. In this debate the rural folk are also not far behind. These days they are also very well aware of the malpractices in the highest of levels of all places. So much so that now, the average Ladakhi has reached the highest level of disgust and disappointment at the way things are moving in this place. www.epilogue.in

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Epilogue, November 2011

LADAKH AFFAIRS FEATURE

The Irony of Being a Girl

Why it is still so bad, and what can we do about it? RINCHEN ANGMO

"If you are neutral in the situations of injustice, you have chosen the side of the oppressor. If an elephant has its foot on the tail of a mouse and you say that you are neutral, the mouse will not appreciate your neutrality," says Bishop Desmond. Ladakh has always been known as a region where women enjoy high status in the society, not like other parts of the country, where foeticide and gender inequality is prevalent. However, deep inside, the stereotype that women are inferior to male, still exists in Ladakh. Gender discrimination is a harsh reality and it is present everywhere. In theory, gender discrimination can affect both men and women, but in reality, it is women who have been at the receiving end through ages, across cultures, since most cultures in the world are patriarchal, or male dominated. A recent incident, which actually happened with me, opened my eyes to this social malaise and encouraged me to write on this topic. I am sure many of you have also undergone such incidents, but never spoke about it in public. The incident took place few weeks ago, on the closing ceremony of Ladakh Festival where Jammu and Kashmir Chief Minister, Omar Abdullah, was the chief guest. Being a journalist, I was there to cover the event. However, the excitement of covering the event vanished into thin air in the very next moment when a police officer pushed me (literally). The worse was yet to come as he used a harsh word and called me 'badtameez ladki'- which means shameless girl. I wondered what had I done to be called shameless. That

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word still rings in my ear- every now and then. A high-profile KAS officer using such cussed word, that, too, to a journalist, is unjustified. I am sure he wouldn't have used such a word if there was a boy instead of me. Was I a victim of gender discrimination? I surely think so. While most people think that education has brought a great deal of changes in the society ever since women started getting education in higher institutions, the questions remains whether it really has transformed the thoughts of people towards the fairer sex. How many times have we seen women being subjected to gender discrimination and suffer at the hands of men who actively play part in this practice, though it is illogical

and absurd? Some shoot back, while others silent absorb everything that is thrown at them. Times are changing, but the male-dominated society has never shied from abusing their power. Why do girls face so much inequality even though they are well-educated and smart? Of course there may be several exceptions to the rule, but the interesting thing to note here is that all this while, while we talk about women, we do so either with pity or with scorn. Unfortunately, man has continued to repress woman. Another reason why women are being condemned is because of the power that man enjoys over her. Women are still being seen as submissive by nature.

The incident took place few weeks ago, on the closing ceremony of Ladakh Festival where Jammu and Kashmir Chief Minister, Omar Abdullah, was the chief guest. Being a journalist, I was there to cover the event. However, the excitement of covering the event vanished into thin air in the very next moment when a police officer pushed me (literally). The worse was yet to come as he used a harsh word and called me 'badtameez ladki'- which means shameless girl. I wondered what had I done to be called shameless. That word still rings in my ear- every now and then.

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Epilogue, November 2011

OTHER KASHMIR ESSAYS

Britain and Kashmir: the early links SHAMS REHMAN The current population of Kashmiris (people of Jammu and Kashmir origin) in Britain or the British Kashmiris is estimated at around seven hundred thousand, 700,000. Of these over two hundred families are from the Valley of Kashmir and the rest originate from what was historically Jammu Province and since the division of Kashmir State in 1947, is called 'Azad' Kashmiror the Pakistan occupied Kashmir in Indian parlance. Centre of labour migration to UK from its beginning in 19th century has been the Mirpur district which is now one of the three divisions of 'Azad' Kashmir. The fact that migration from Mirpur almost exclusively consisted of the poorest in the State of Jammu Kashmir combined with the subsequent invasion, division and occupation of the State meant that Kashmiris started their lives in Britain at very bottom of the socio-economic ladder. For several decades they not only remained an invisible community in terms of their 'background' national identity but also experienced marginalisation and exclusion in the wider British society as well as within the British South Asians. However, with fourth generation growing up in Britain, the state and status of British Kashmiris is rapidly changing. This article tells briefly the story of earliest links between British and Kashmir and the arrival of the earliest Kashmiris in Britain. 'We are here because you were there', is the slogan of anti-racist movement in Britain. It indicates to the fact that migration from ex colonies to UK has taken place because these countries were colonised by British. How when and why the British went to Kashmir?

British in Kashmir The very first link between Britain and Kashmir was the Kashmiri Shawl which came to UK within few decades of the East India Company was off shored to India. British women loved this soft and delicate garment that soon became a status symbol for the middle and upper class ladies in London and across UK (Maskiell, M. 2002). The earliest interests that led British to Kashmir, according to Bamzai (1967) were political and commercial. The first British in what today is known as Kashmir state was Mr. Bogle who was sent to Tibet by Warne Hasting, first Governor General of India in 1774 to explore political and commercial relations between Kashmir Valley and Tibet. A few years later in 1783 Gorge Forster, an officer of Bangla Army entered Kashmir on his way to St. Peters-

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burg Russia. His observations of Jammu provide interesting insight into policies and practices of coexistence or 'diversity and multiculturalism' (?) by the then Jammu ruler Raja Ranjit Dev (1750-1771). "Runzeid Dev, the father of the present chief of Jumbo, who deservedly acquired the character of a just and wise ruler, largely contributed to the wealth of and importance of Jumbo. Perceiving the benefits that would arise from the residence of Muhammadan merchants, he held out to them many encouragements and observed towards them a disinterested (sic) and honourable conduct. He avowedly protected and indulged his people, particularly the Muhammadans, to whom he allotted a certain quarter of the town which was thence denominated Mughalpur; a mosque was erected in the new colony. When he was riding through their quarter during the time of prayer, he never failed to stop his horse until the priest (Moazan) had concluded his ritual exclamation [Azaan]. An administration so munificent and judicious at the same time that it enforces the respect of the subjects, made Jumbo a place of extensive commercial resort, where all descriptions of men experienced, in their persons and property, a full security" (p:589) Then we learn of Vigne who visited Kashmir in 1835 and produced a detailed account of the Shawl industry. When Punjabi Sikh rulers could not pay the indemnity money, the British in March 1846 British took over the control of Kashmir Valley. However, instead of annexing it in the British Indian rule they transferred it 'forever in independent possession to

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OTHER KASHMIR ESSAYS

Maharaja Gulab Singh and the heir's male of his body all the hilly or mountainous country with its dependencies situated to the eastward of the River Ravi.' This treaty was signed on 16th March 1846. Subsequently, various studies were carried out of the geography, economy, politics, cultures and ethnic composition of the State of Jammu and Kashmir by several British military and civil officers. Fredrick Dew, Walter Lawrence and Alexander Cunningham are some of the most known and frequently quoted ones.

The First Kashmiri in Britain Other regular British visitors to Kashmir were the military officers and civil servants who either did not want or could not afford trips back home during summer holidays. For such officers Kashmir became an ideal place to escape the scorching heat of Indian plains during summer. Tosha Maidan near Srinagar was one of the popular summer resorts for the foreigners. According to Yousaf Saraf (1977) in the summer of 1833 one colonial army officer Colonel Thorpe came here on holidays. While socialising with the local elites he caught sight of a girl and the sight turned into love - the love at first sight. This girl was called Jani. According to Saraf she was daughter of Dayim Rathore, the then ruler of Kishtawar principality. All we know about this 'Daughter of Kishtwar' is that her name was 'Jani', and she was exceptionally beautiful or at least it proved later that for Col. Thorpe there was no one like her. The love bloomed and the Col. Found hard to even think of leaving without Jani. However, since Jani was a Muslim he had to be converted to take her with him. He did just that, married to Jani and brought her with him first to India and then to his home, Britain. Nothing specific is told about the arrival of the first 'British Kashmiri' couple to Britain or their life as to where they lived and what the names of three children they had etc. were. It can be traced from the available information that the story of this 'transnational' marriage did not end here but took a rather dramatic turn when one of their sons Robert Thorpe Junior also joined army and went to visit what was literally his 'motherland' or, at least, 'mother's land', in 1860s. By now Kashmir was turned into a Kingdom through Amritsar Treaty which made Raja Gulab Singh to buy the rule of this kingdom for 7.5 million rupees Nanak Shahee. At the time of Thorpe's visit to Kashmir the state was ruled by Maharaja Ranbir Singh, the son of Gulab Singh. While in Kashmir Lt. Robert Thorpe, like his father, also became too much involved but not with its beauty but misery. During his stay in Kashmir, he travelled around in the state and collected significant primary and secondary data (first and second hand information) on taxation,

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shawl industry, judiciary and police systems and the actual execution of various laws and policies. He wrote several articles accusing British government of selling Kashmir's Muslim majority population to a Hindu ruler whose rule is characterised by suppression and exploitation. He argued for Kashmir state to be merged with British India. His articles were published in Britain as well as in Indian press and as can be expected were not appreciated by the peoples of power. According to father Biscoe who visited Kashmir in 1890, Thorpe was ordered by the Maharaja Government to leave Kashmir and on refusal was bounded with his Kahaatt (bed) and soldiers carried him out of the Kashmir boundaries. He sneaked back to Srinagar but to no avail as next morning, he was found dead after his breakfast. Was it a murder? It remains a mystery. According to Saraf, he died on 22nd November 1868. He is buried in the British cemetery at Sheikh Bagh Srinagar. The epitaph there reads 'the First foreign martyr who died for Kashmiris'. Was he, a foreigner or a British Kashmiri campaigner for the rights and development of the people of his beautiful mother's land? His articles were published after his death under the title of 'Cashmere Misgovernment' by Longmans, Green and Company, London in 1870. The book that can possibly be described as the first social study of Kashmir provides useful information on the taxation system, shawl industry, beggar (forced unpaid labour), the 1846 treaty between Gulab Singh and British government and migration of shawl workers from the Kashmir Valley. Many of these shawl workers' families settled in Mirpur from where along with Mirpuri peasant and workers they were to migrate to Britain in the closing years of 19th and early years of 20th century. Another mention of a British-Kashmiri marriage appeared in the history of Asian migration to Britian by Rozina Visram titled 'Asians in Britain' (2002). Identifying various museums with collections from South Asia during the colonial rule she mentions of Newbridge House Museum, County Dublin in Ireland where belongings of Thomas Alexander Cobb (17881836) are kept 'who married to Nazir Begum, the daughter of Aziz Jehan of Kashmir' (p:5). Were there more transnational and cross religion marriages taking place between Kashmiris and British? This needs further exploration. When a British colonial officer fell in love with a Kishtawari- Kashmiri girl their love ended up in a marriage. However, nearly a century after when a Kashmiri royal member falls in love with a British high society girl he ends up being humiliated and blackmailed. Read that in the next issue.

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COLUMN HISTORY

Role of Mian Dido in the Making of the history of Subalterns in the Jammu Hills PROF: JIGAR MOHAMMED

There are two elements of history in terms of historical development in the words; one, those people who inherited or inherit historical significance from their ancestors, and two, those people made or make their own history. The latter are found rarely in the world history. Jammu hills produced some of the persons who not only made their own history for themselves, but they also made their fellows historical figures. Mian Dido was one of them who lived for the causes of the people of Jammu in terms of the protection and preservation their socio-political autonomy. The Mughal Persian Sources such as Abul Fazl's Akbarnama and Jahangir's Tuzuk-iJahangiri depict Jammu hill states as the trusted allies of the Mughal emperors of India. The latter gave them full political autonomy and hardly interfered in their socio-political life. In early nineteenth century, Maharaja Ranjit Singh of Lahore Darbar conquered all the Rajput states of the Jammu hills and annexed them to the Lahore Darbar. Though the ruling dynasties of Jammu hills accepted end of their political identities, Mian Dido mobilized the subalterns of Jammu hills to keep their socio-economic identities and freedom intact. He created a sense of regional pride in the Jammu hills. Mian Dido was a peasant leader of the Jammu region, who raised the standard of revolt in the nineteenth century. The local people have a high regard for the rebellious activities of the local hero. He is celebrated as

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a source of regional pride and protector of the honour of the indigenous people. Though some literary sources of the nineteenth century provide some information about him, they are only concerned with his activities as a rebel against the state. The literary sources hardly mention the work done by him for the people of the region. Most of his activities have been preserved and highlighted in the oral traditions, which are available in the forms of Lokgatha, Daareshgatha, Baran and Dantkatha. The oral traditions mention that Mian Dido was born 1780. He was the son of Mian Hazara or Hazari of Jagate village of Jammu. He was a Jamwal Rajput by caste. During this period, the political condition of Jammu state was weak and precarious. Its ruler Jit Singh failed to protect his sovereignty against the onslaught of Maharaja Ranjit Singh of Lahore. In the early nineteenth century (1809), the Maharaja conquered Jammu and appointed his son Kharak Singh as its jagirdar. Mian Dido did not accept the annexation of Jammu by the Maharaja. He regarded the establishment of the Maharaja's rule in Jammu as an insult to the dignity and prestige of the indigenous people. He decided to organise the common people of Jammu against the hegemony of the Lahore Darbar. The baran or ballads of Mian Dido present him as a folk hero of the Jammu region. It is known that Mian Dido succeeded in mobilizing the local peasants and zamindars against the Maharaja,s

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rule and attacked the Lahore army at a number of places. They refused to pay land revenue to the officials of the Maharaja. A large number of oral traditions are available regarding the nature of resistance put up by Mian Dido and his followers. One of his ballads mentions that he began his resistance in form of plundering certain areas under the control of the Maharaja. According to this ballad: Jahara Singh Mian de ghar Dido jammeya Jammeya oh bara gai puara Wo pahli satta Dido Damana lutya Duji bari lutya mian Jai Frora The above lines may be translated as: "In the house of Jahara (Hazara) Singh Mian Dido was born. At the time of his birth a huge ceremony was held. He first ravaged Damana and then plundered Jai Flore." The above oral tradition is also supported by the Rajdarshani, a literary source of 19th century Jammu, which mentions that Mian Dido's resistance affected the law and order and financial condition of the Jammu region. According to it, when Kharak Singh reached Jammu, "Refractors raised rebellion on all sides and the mutinous caused tumult in all directions. On one side Dido and Hazari plundered the goods of merchants and traders. Also they disgracefully murdered government servants where ever they met them. On the other side, Puro Daroha took to highway robbery, and perpetrated tyranny. In the same way lawlessness

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COLUMN HISTORY

elements, according to the maxim 'a water melon extracts colour and flavour from the other watermelon,' sent its roots everywhere. The zamindars refused to remit their dues…All the Jamwals consider plunder a badge of honour and gave pillage the name of tribute."30 Mian Dido's violent resistance against the Maharaja's government was viewed by the common people of the Jammu region as fight for their dignity and pride. The common man regarded Mian Dido as his own saviour against the despotism of the state. He became so popular among the common people that when any person failed to get justice from the state officials, he approached Mian Dido. According to an oral tradition, once an old man came from Jammu city to the village (Jagti) of Mian Dido. He told the rebel that a police officer, named Ganda Singh, of Purani Mandi Police Station had kidnapped his young daughter. He approached the Jammu Durbar to get his daughter freed from the said officer. But his appeal was not entertained. Ultimately, he approached Mian Dido to get his honour restored. Mian Dido not only provided shelter to the aggrieved person, but he also, on the same evening, marched from his village Jagti with all his available companions. Within two hours, he reached Purani Mandi and seized the military post (chauki) of Ganda Singh. He beheaded Ganda Singh with one stroke of his sword. He rescued the kidnapped girl, who was handed over to her father.31 The news of Mian Dido's rebellious activities against the officials of Maharaja Ranjit Singh reached to Lahore Durbar. The Maharaja decided to check the increasing power of Mian Dido. He sent a military force to suppress the rebel and secure his submission. But the Maharaja's forces failed to make any headway. One of the ballads of Mian Dido narrates the struggle between Mian Dido and Lahore Darbar in the

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following words:32 "Woi diyan khabran geyan takht Lahore Mian Dido diyan khabran geyan takht Lahore Ye ralmal faujan beriyan diyan Hath ni aunda Dido Jamwal" The above lines may be translated as: " The Lahore government came to know about the activities of Mian Dido. It sent a huge force against him. But the Lahore army failed to capture Mian Dido." The failure of the Maharaja's military operations that were carried out in the Jammu region have been recorded in the Rajdarshani. According to it, "Some Sardars were sent by the Sarkar of Lahore at the head of as many as ten thousand jawans to quell revolts, yet lawlessness did not subside, rather the fire flared up the more."33 G.C. Symth also mentions the challenge posed by Mian Dido and his success in garnering large support of the local people, which was directed against the Maharaja's rule. But Symth is of the opinion that the immediate cause of the conflict between the Lahore Durbar and Mian Dido was the refusal of Mian Dido to hand over a falcon, captured by him, to the Maharaja's officers. Symth writes: "It happened, however, that some time in 1811, it was reported at Lahore, that one Deedo, a Rajpoot living near the sacred hill, and about sixteen miles from Jummoo, had caught a remarkably fine hawk. The Seik authorities of the district regarding the bird as the property of their masters or themselves, demanded it from its captor. Deedo, however, stoutly refused to surrender his prize. On this an officer and twelve men were sent to take it from him by force. They arrived at the hut of Deedo and demanded the surrender of the bird. On this a parley ensued, and Deedo proposed to accompany them to the

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Durbar at Jummoo, carrying the hawk with him. This was agreed to, and time was given him to prepare for his departure. The hospitable Deedo hereupon provided them with the raw materials of a meal, which they proceeded to cook in small area adjoining the hut. While they were thus employed, Deedo committing the hawk to the care of his wife, the only other inmate of his dwelling at the time, sent her off with it from the rear of the hut to hide herself and the bird in some thick jungles that were near. He then, watching his opportunity when his unwelcome visitors were busily engaged with their meal, rushed upon them sword in hand, and before they could recover from the surprise and confusion into which his sudden assault threw them, he had despatched seven and mortally wounded four of the panic stricken party. Only two of the thirteen returned to Jummoo to tell the tale."34 About the numerical strength and nature of resistance of Mian Dido, Symth gives a long description quoting some oral traditions of the time. According to him, "Some times in these exploits he was at the head of two thousand armed men, outlaws like himself, and sometimes he was alone. He was favoured, and when need was, sheltered and protected by the people of the country, who were well disposed towards any one who had the will and power to harass and annoy the Seik intruders. There was a garrison of about two thousand men in Jummoo, but Deedoo hesitated not to attack the place on several occasions by night or by day, though his force sometimes numbered only fifty or sixty men. In one of these assaults he burnt down nearly the whole place and carried off a great part of the moveable property of the Seik inhabitants. After these exploits he would disappear as suddenly as he came, and the

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Seiks never ventured to pursue him a musket shot from the walls. It is said that seldom fifteen days passed without an achievement of this kind, and according to tradition, Deedoo, from time to time, slew, with his own hand, above three hundred of his enemies, the Seiks. On more than one occasion, this bold brigand has been known to enter Jummoo at the dusk of the evening with a band of two or three hundred men, the garrison offering no resistance, but hiding themselves wherever they would find places."35 Moreover, the oral traditions show that all the military expeditions of the Maharaja against Mian Dido were frustrated by him. The Maharaja failed to get any substantial social support in Jammu against the onslaught of Mian Dido. When Maharaja Ranjit Singh found that it was almost impossible to subdue Mian Dido with his own forces belonging to his kingdom, he decided to utilise the services of Raja Gulab Singh, who belonged to Jammu and was a Dogra Rajput. Raja Gulab Singh had joined the Lahore Durbar in the first decade of the nineteenth century. Being a native of the Jammu region, Raja Gulab Singh was well versed with the nature of population and topography of all localities. Therefore, Maharaja Ranjit Singh thought that an indigenous army officer could be more effective in Jammu against Mian Dido than the outsiders.36 Ultimately, Raja Gulab Singh was sent to Jammu to quell the resistance of Mian Dido. When the Raja reached Jammu, he tried to persuade Mian Dido to offer his submission to the Lahore Durbar. The Raja also promised to secure a high post for Mian Dido in Lahore Durbar, if he accepted the sovereignty of Maharaja Ranjit Singh. But Mian Dido refused to accept the offer.37 Consequetly, the Raja attacked Mian Dido. The latter continued to offer armed resistance for a long time. But ultimately, he

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was killed by the army of the Raja. The ballads of the Jammu region sing the praises of Mian Dido, for displaying extraordinary courage and bravery against the forces of Raja Gulab Singh. One of the ballads describes his heroic deeds in the following words: Samne khadoi Mian Dido lalkara he ditta Beria daiya chodi de Sadi kandi chodi de Apne majhe da mulk smahal Apne Lauhre(Lahore) da mulk sambhal Pagdi talwar Mian Dido halla je kitta Badi badi mundian beri diyan range garne naal Ladkan baal garne naal Hath aunda nain Dido Jamwal Beri diyan chodi de Sadi kandi chodi de Apne majhe da mulk sambhal Kharch patha berien band je kitta "Hun ke khaga Mian Dido Jaad?" Samne kharoiye Mian beri gi galaya Sari kandi de pakki ge garne Ber ni jande haar siyal Khai khai garne baang talwar The above lines may be translated as: Mian Dido hurled his challenge on the enemy. He asked them to clear out of his land, and mind their own "Lahore and Majha". Mian Dido fell upon the enemy with his sword and struck their heads in the "Garna" bushes. Dido Jamwal was not easy to capture. The enemy cut off his supplies. On being what he would live upon, he replied on their face. 'The Garna fruit of the Kandi has ripened and berries remain in season throughout the year. I will feed myself upon them and wield my sword.38 Besides, oral traditions also highlight the efforts of Mian Dido to save the poor from exploitation at the hands of money-lenders (sahukars). He is also projected as the eliminator of such evil practices as the dowry system. He said to have saved some poor people from the clutches of the

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money-lenders and punished the propagandists and practitioners of the dowry system.39 Thus, oral traditions of the Jammu region describe the heroic struggle of peasant leaders like Baba Jitto and Mian Dido, Their role in the history of Jammu region has not been recorded by either the local chronicles or by travel accounts, because of the prevalence of the feudal mentality. The oral traditions enable the historians to reconstruct the life and work of those people who devoted their life for the protection of the rights of the under-privileged and oppressed. It is true that the oral traditions were constructed, preserved and transmitted by the people of a particular social background, outlook and thinking and, as such, they do sometimes present a partial and one-sided picture of a particular historical situation. But by applying the method of critical assessment, the limitations ebedded in the oral tradition - in terms of their prejudices and preoccupations - can be removed. Since the oral traditions of Jammu region revolving around Baba Jitto and Mian Dido are immensely popular among the rural population, irrespective of caste and class distinctions, they are particularly useful in understanding the history of non-elite sections of the society. Moreover, the oral traditions are sometimes corroborated, howsoever briefly, by literary sources in terms of the popular struggle of Baba Jitto and Mian Dido. The role of the two rebels in the history of the Jammu region, as depicted in the oral traditions, establishes that the concept of dignity of labour and the notion of regional identity were deeply rooted in the political consciousness. Both Baba Jitto and Mian Dido received tremendous social support, because they were dedicated to the cause of the oppressed producers and indigenous people.

Epilogue, November 2011

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IN FOCUS CONTEMPORARY LADAKH

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Epilogue, November 2011

IN FOCUS CONTEMPORARY LADAKH

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Vol. 5 Issus 11

Epilogue, November 2011