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All Is Indeed Well In Kashmir

Dr. N. C. Asthana, IPS (Retd)

Things have never been better in Kashmir. This is, amongst other indicators,
also evident by the fact that in 2022, a record number of over 1.62 crore tourists
visited Jammu & Kashmir, being the highest ever since independence! In
comparison, before the advent of militancy in 1987, just about seven lakh
tourists had visited the state. Just three years later, as militancy took hold of
Kashmir, their number dropped to just about six thousand! Even if you allow for
increase in population over 35 years, the number of 1.62 crore tourists is simply
staggering. Tourists have both their lives and money to be concerned about—
they would not have gone to Kashmir had ‘normalcy’ not returned and the
atmosphere been conducive for tourism, courtesy the improved security
scenario since the abrogation of Article 370 on August 5, 2019. Hotels,
houseboat owners, shikara operators etc. and all those myriad people dependent
on tourism are overjoyed—the same people were forced to eat their savings and
scraped through doing odd jobs during the years of militancy.

Terrorism in Kashmir is on its last legs and the security forces have the situation
well under control. According to the statement of the Government in Rajya
Sabha on February 8, the security forces killed as many as 187 terrorists in 111
anti-terror operations in 2022. This maintains the tempo of 2021 when 180
terrorists were killed in 95 operations. Terrorists are facing a shortage of
weapons like AK-series rifles and that is how many of them have been forced to
using pistols. It means that they are no longer capable of major attacks against
the establishments of security forces. All they can do is targeted killing of
defenceless civilians and attacks on isolated soldiers.

Who Are the People Spreading a Fake Narrative?

However, there is a concerted attempt by some journalists and politicians to

paint a negative picture of the situation in Kashmir. In the following, I will take
apart their malevolent propaganda.

As far as these journalists are concerned, they suffer from basically two
problems. First, they have been pursuing an anti-India agenda since long and
their reporting has always been biased. I will prove it by an example. The same
people were resoundingly discredited during their coverage of the UP Assembly
election last year. During the UP Assembly election, 2022, everything on the
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ground screamed out that there was a groundswell of support for Yogi
Adityanath and he was going to win hands down. Yet, these journalists who
criss-crossed the state in their cars for two months, in their so-called coverage of
the election campaign, persistently presented a distorted picture as if Akhilesh
(Samajwadi party) was going to bulldoze his way through. In their two months
of roaming in the state, they could not find a single person who would speak in
support of Yogi—if this is not bias, what else is? Most despicably, words were
literally forced into the mouths of the people they interviewed to speak
something against Yogi—ordinary people on the streets were made to utter
heavy words like ‘incentivization for youth’ and ‘price of crude in international
market’ etc. which they clearly did not even understand. Second, they are
frustrated because having lost their jobs in the TV channels, which they had
obtained courtesy their political masters, they have now been reduced to being
mere YouTubers.

As for the politicians, they are frustrated because they have been rendered both
irrelevant and jobless since the abrogation of Article 370.

Puncturing the Hoax of “The Silencing of the Kashmiri Street”

Arfa Khanum Sherwani, for example, has recently lamented “the silencing of
the Kashmiri street” since the abrogation of Article 370. This is both misleading
and a patent fraud. What silencing she is talking of? Does she regret that the
streets of Kashmir are no longer witnessing huge mobs of over-ground
supporters of terrorists who used to indulge in stone-pelting on the security
forces all day long injuring hundreds of them and damaging public property
worth crores? Is she missing those days when the engineered protests,
elaborately covered by anti-India elements in the media, used to convey an
impression of a “climate of collapse” in Kashmir, which bolstered the
Pakistani narrative of the Indian Government committing atrocities upon the
“hapless Kashmiris fighting for their right to self-determination and
freedom”? Is she regretting that it has no longer been possible for a section of
the media to further the anti-India narrative in international forums?

For her information and those of her ilk, the right to protest as enshrined in the
Constitution is not unlimited or unfettered. For those who have not understood
Articles 19(2), 19(3) and 19(4) of the Constitution, I must remind that in Anita
Thakur (2016), the Supreme Court has held that while the right to peaceful
protests without arms is a fundamental right guaranteed in the Constitution, the
aforesaid right is subject to reasonable restrictions in the interest of the
sovereignty and integrity of India, as well as public order. The Court held that in
those situations where crowd or assembly becomes violent it may necessitate
and justify using reasonable police force. In Amit Sahni (2020), the Supreme
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Court held that public protests and demonstrations expressing dissent must be
organized in ‘designated places’ only. This judgment was delivered in
connection with the matter of the anti-CAA (Citizenship Amendment Act) at
Shaheen Bagh, Delhi. Citing Mazdoor Kisan Shakti Sangathan (2017) and
Himmat Lal K. Shah (1973), the Court held that in respect of streets and public
parks, the rights of protestors had to be balanced against the rights of
commuters.

Viewed under the light of these judgments, can anyone explain how the public
protests (often replete with armed militants) and stone pelting in Kashmir
amounted to exercising their right to peaceful protest? Point is, you cannot be
allowed to run an insurgency under the garb of civil protest—exactly what the
Kashmiris had been doing since 1989. The Kashmiris had become used to the
state treating them with kid gloves all these years and which, in their opinion,
had accorded them some sort of de facto legitimacy.

Since the abrogation of Article 370, the Government has come down hard on
the criminals and it has made them squirm under the power of the the law.
Within two years of the abrogation of Article 370, according to official figures,
nearly 2,300 people were booked under UAPA (Unlawful Activities Prevention
Act) and 954 people were detained under the Public Safety Act since 2019.
Extremely few of these detention orders have been struck down by the High
Court on the ground of being “vague, cryptic, irrelevant and non-existent”. As
for the UAPA cases, the Courts have consistently refused to quash the FIRs.
This includes FIRs against even the so-called intellectuals, such as an Assistant
Professor working in a Government college who has been accused of intending
to provoke common people to use force or violence against institutions like the
army, the police and the civil administration. All these measures have led to a
drastic reduction in the incidents of stone pelting, which had created the
impression of utter lawlessness in the state.

Every citizen of the country stands on the same footing before the law of the
land. Ms. Sherwani cannot be allowed to garner ‘undue sympathy’ for the
Kashmiris by emotional outbursts like “Is this how Kashmir was supposed to be
integrated?” Let us face it. The demand to secede from the Union of India by a
section of the Kashmiris was and is patently illegal and the nation state of India
is legally bound to ‘integrate the state into the Union’—if it requires shooting
down people, so be it. For her information, the nation state derives its moral
authority to exist only if the law is upheld. The law, as laid down in numerous
judgments like Tucker et al (1882); Pancham Lal (1979); Akhilesh Prasad
(1981); D. N. Srivastav (1983); and Manoj Sharma (2006) empowers the
security forces to even shoot down people under Section 129 CrPC (Criminal
Procedure Code) in situations as have existed in Kashmir from 1989 onwards.
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When Ms. Sherwani sheds crocodile tears by asking “Why is it so controversial

to talk about Kashmiri lives?” she must be reminded that the lives of the
militants or violently protesting Kashmiris killed or likely to be killed by
security forces are not more valuable than the lives of those nearly 7,500
personnel of the security forces who have laid down their lives since 1989 to
keep Kashmir ‘integrated’ with the Union of India.

As for the nauseatingly recurrent lamentation of eroded press freedom in

Kashmir, there should be some solid evidence and not just rhetoric. Let her
show any instance where press freedom has been unduly curtailed in violation
of numerous judgments of the Supreme Court starting from Romesh Thappar
(1950) until Anuradha Bhasin (2020). She must note that the aggrieved are free
to go to court. Why not one of them has moved the court or been able to get any
relief from the court? She must also note that her version of press freedom
cannot become a license to indulge in false, unsubstantiated propaganda
against India and our security forces. Incidentally, in this January, Delhi LG
has given sanction to prosecute Shehla Rashid, a favourite activist of such
people, in a sedition case for her tweets against the Indian army that were aimed
at “promoting enmity between different groups” and “indulging in acts
prejudicial to maintenance of harmony”. On August 18, 2019, Shehla had
falsely accused the Indian army of having tortured four men in Shopian district,
placing a microphone next to them “so that the entire area could hear them
scream, and be terrorised”.

Lamentations of Politicians Rendered Irrelevant

Abrogation of Article 370 was the single most important step in the history of
independent India. In one swift masterstroke, the so-called Kashmir problem
ceased to exist. The NC, Congress and PDP who had been surviving by letting a
wound fester since 72 years, were rendered irrelevant as well as jobless. Now, if
there is one thing that unites the constituents of the Gupkar Alliance, it is their
despicable opportunism. Cutthroat enemies until the other day, they have no
locus standi except a forlorn hope to carve a future for themselves by joining
hands against a common enemy. They are understandably reluctant to admit that
rent seekers and those used to living on a sense of entitlement have been beaten
consummately in their own game.

In a reference to ‘lakhs of troops’, Mehbooba had once said, “If you establish
peace by frightening and threatening people, then you cannot call it peace.”
However, she forgot that troops were present during her now inexplicable
alliance with the BJP also. Now, indulging in rhetoric like “We hope Gandhi’s
India will return to J&K what Godse’s India took away” while talking to Ms.
Sherwani will not lead her anywhere at all.
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Mani Shankar Aiyar, in an article titled ‘All Is Not Well in Jammu and
Kashmir’, raises the now almost filmi rhetoric of “the people’s view is that
while Kashmir may have been captured, the Kashmiri has been alienated” is a
pure hoax. Well, how did he determine or measure something called
‘alienation’? What methodology was used to measure it or other ‘immeasurable
things’ like the dignity of the people, the pervasive sense of having been
humiliated that he talks about? How the conclusion was drawn—through
interviews, focus group or a questionnaire or some other way like thematic
analysis, and what were the parameters on which the inferences were drawn?
How many people were questioned, what was their background, what was the
reason to believe that they were not disgruntled anti-India elements, or that
words were not forced into their mouths? Since the Government’s claim is to
the contrary, did they use Cohen’s Kappa?

Even Action Against Illegal Encroachments Is Criticized!

There is nothing new about state governments reclaiming illegally encroached

lands—it is a perfectly legitimate action of the government regularly done all
over the country. In Kashmir also, this is being done. Court documents show
that a total of 20, 46,436 kanals of state land is under illegal occupation. Over
the past three weeks, hundreds of kanals of government land have been
retrieved and buildings bulldozed under the drive. Why should the Kashmiri
encroachers be spared or treated differently? Are they somehow dearer to the
nation than similarly placed people in other states? It may be noted that the
Supreme Court has already dismissed a petition challenging a circular issued by
the Jammu & Kashmir Government directing deputy commissioners to remove
encroachments on state land including Roshni Land and Kachharie Land by
January 31.

Mehbooba Mufti chose to be detained in Delhi on February 8 protesting against

the J&K administration’s anti-encroachment drive. She said that Kashmir was
becoming worse than Afghanistan, the way bulldozers were being used to
demolish the homes of people. This is not just rhetoric; it is simply ridiculous.
Omar Abdullah and People’s Conference leader Sajad Lone also criticized the
demolition drive and, not forgetting to omit the communal angle, they also
alleged bias against the Muslim community. Sensing an opportunity to fish in
troubled waters, ‘The Resistance Front’ (TRF), an offshoot of Lashkar-e-Taiba,
has threatened bulldozer owners, drivers and officials of the revenue
department, involved in the anti-encroachment drive.

In order to spread panic and hatred against the government, as Srinagar deputy
commissioner Ajaz Asad pointed out, “A fake list of encroachment on nazul
property (government land for non-agriculture purposes) in Srinagar district is
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being circulated on social media. A case is being registered against miscreants

spreading panic.” You can easily see the conspiracy against the nation.

In fact, the LG Manoj Sinha has assured the common people that they won’t be
touched and only the state land under powerful and influential people, who have
had grabbed government property due to their influence, will be retrieved. As
the state chief secretary said, the retrieved land will be used for public purposes
only, such as hospitals, schools, playgrounds, bus stands, industries and parking
spaces. Some of the former high and mighty from whom government lands have
been retrieved and sealed include Peerzada Mohammad Sayeed, Maqbool Dar,
Haseeb Drabu, Taj Mohiudin, and Ali Mohammad Sager besides former
legislators Farooq Andrabi, Mir Qasim and Sofi Yusuf. In Anantnag, authorities
retrieved land from the occupation of two former legislators and heirs of a
former chief minister. The administration also razed structures in Srinagar
allegedly constructed by two prominent business families. The LG hit the nail
on the head. It is only the people suffering from a sense of entitlement and who
had systematically subverted the system over the decades that are coming out to
criticize it.

If Kashmiris Are Allegedly Depressed or Are in Pain Today, It Is Their

Karma

It has also been lamented that Kashmiris are depressed, are in pain and are
suffering. Well, if it is true, it is their karma for what they had done to the
Kashmiri Pandits and for colluding with terrorists then! If it is false, the wailing
of these journalists will not motivate Pakistan or their friends, the Arab nations
to attack India for that.

I must clarify that the degree, measure or extent of the support of the local
people to the terrorists in the era when Pandits were being massacred, is not
significant. The significant fact is that Kashmiri militants were not swooping
down on their victims riding horses from some remote jungle a la dacoits of
Bollywood films and disappear back to their hideouts after committing their
crimes. They operate from within the civil society. They have all along been
sheltered by the local people who provide them food and logistics support as
well. Yet, there has been not a single instance on record in 33 years of
militancy in Kashmir when common people informed the police of the
presence of terrorists in any area. Moreover, let the hackneyed bogey of the
fear of the gun be not raised. There is no reason to believe that less than a
couple of hundreds of terrorists could have terrorized nearly seven million
people spread over more than 15,000 sq. km area to such an extent that not one
of them ever dared to inform the police in 33 years. There has been no instance
when the people informed the police of any excesses committed by the
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terrorists, such as molestations or rapes of their women. Since there has been no
complaint of this type, the only inference possible is that the support of the
terrorists has been a voluntary process in which the people and the terrorists
have had been equal participants. The situation in Kashmir became what it
became not just because of the terrorists and the ISI, the support of the local
people to them was equally important.

Beating Their Breasts on Kashmir Now Is Futile

Kashmir is now irrevocably ‘integrated’ into India, whether these people like it
or not and nothing can reverse it now. Occasional acts of terrorism or protest,
however terrible, will not be able to unseal the fate that has been sealed
irrevocably. These people want to go back to the era when the Kashmiris were
mollycoddled—in spite of their atrocities on the Pandits and covert or overt
support to militancy. If they want to go back to the era when a murderer terrorist
Yasin Malik was invited by the then PM Man Mohan Singh for a meeting at his
official residence—they must know that no way, it’s never going to happen
again.

One terror attack in Rajouri and the Government responded by sending in 18

additional companies of CAPF there. What else do they expect? We cannot
have three cops protecting every single Hindu/Sikh in the valley round the clock
in eight hour shifts. There may be isolated killings; they do not reflect on the
overall security situation. A modern society presents a myriad targets to
terrorists or to lone wolves. Not all of them can be protected. It does not mean
that the Government has failed.

Mr. Aiyar says that unless current trends at forcibly ‘Indianising’ J&K are
reversed; J&K will continue to drift from us. Well, even primary school kids
know the diversity in India and nobody is trying to force any concept of uniform
Indian-ness on anybody. However, diversity shall not be allowed to become an
excuse for secessionism or insurgencies, come what may.