Tuesday, October 15, 2019

Kashmir-Article370 - A Paradigm Shift


The government of India abrogated Article 370 which granted special status to Kashmir.
It may not be in the scope of this article to go into the Kashmir imbroglio. With all its twists and turns and sequence of events for over seventy years, it will need to be dealt with in a separate article.  Suffice it to say that Kashmir is disputed territory between India and Pakistan since 1948.
The Kashmir issue was the raison d’etre of Pakistan. Pakistani, especially its Army, has made it a bone of contention immediately after both the countries became independent. It is part of the two nation theory which Pakistan propounded after partition. According to the theory the Muslims in the subcontinent needed a separate nation of their own as it was argued that the Hindus and Muslims could not live together in the then undivided India. Kashmir being a Muslim majority state would naturally accede to Pakistan after partition or so was assumed by Pakistani leaders. The dispute sharpened after India liberated East Pakistan(now Bangladesh) in 1971, after Pakistan carried out genocide on the Bengali people.  The Pakistani army for years has been justifying a disproportionate allocation of resources from the country’s budget on the basis of a perceived threat from India over the Kashmir issue.  This budget helped the army to turn into a business institution. The Pakistani army operates companies,  farms, and other industries. Its officers and staff get cuts from the profits generated by these enterprises.
Now that the Article 370 has been abrogated, the Pakistan army will find it difficult to maintain their modicum of importance. The Article gave special status to the state of Jammu and Kashmir within the Indian union. This special status was added to the Indian constitution but not made a formal part of it. The Indian law system did not work in the state. No Indian government institution had any jurisdiction in J&K. The state had its own rules and regulations. No citizen from the rest of India could buy property or open a business or make any investments there. The rule went so far that if a Kashmiri woman married a non Kashmiri she forfeited her family inheritance. Worse, it provided a fertile ground for Pakistan to sow dissention among some of the political class in Kashmir as the Indian government could not implement its laws there. Pakistan used money to influence these so called separatists. The result was that these few people became very rich and influential. They also became untouchables as Indian laws did not apply to them. The special status had become an impediment to development.   
Years of inaction on Kashmir by India and Kashmir’s special status had given the Pakistan’s Military/Intelligence establishment the confidence that their strategy of terror and nuclear blackmail was working. Pakistan should have read the signs early on when India retaliated for the terror strike on Pathankot Air Force Base in 2016 by conducting a Special Forces surgical strike across the LoC(Line of Control).  But Pakistan struck again at Pulwama in Kashmir. Locally executed by Jaish-e-Mohammed, that attack killed about 40 Indian CRPF soldiers. After this the Indian government acted swiftly. It sent an air strike against a major terrorist camp in Balakot in Khyber-Pakhtunwa in mainland Pakistan. This unprecedented retaliation was a huge shock to Pakistan. Most importantly it snuffed out Pakistan’s nuclear bluff forever.
Pakistan ‘s complacency was shattered on August 6th 2019 when the abrogation of Article 370 and 35(A) took place in the Parliament. For Pakistan the unthinkable had happened. It was clueless as to how to react to this change.  Suddenly its perceived locus standi on Kashmir was completely erased.  The usual  and now predictable knee jerk reactions were seen by a disinterested world.  Pakistan does not have any traction in any of the world forums.  It is in a catch 22 situation. The Military establishment might be tempted to carry out some kind of terror operation in Kashmir, but could risk down gradation by the FATF. The Financial Action Task Force, the world watchdog organization to identify state sponsored terrorism has put it on enhanced watch list. The Asia Pacific Group(APG) of the FATF has found that Pakistan is not compliant on thirty two of the forty points that were to be scrutinized. It has put Pakistan in the APG grey list. If Pakistan gets downgraded by the FATF in Paris in October, it will not qualify for any help from any multilateral lending agency, making its already delicate financial situation even more precarious.
For now it  seems,  all roads lead to a conciliation on Kashmir. However the terror groups also have a history of acting unilaterally. There could be an instance where one of the groups could perpetrate an attack on Kashmir without the Pakistan government’s knowledge. This will leave the Pakistan government in the lurch.
Well, this article cannot be concluded at this point of time as the Kashmir story is still unfolding. There has been heavy troop deployment in the valley at this time and a blackout on all communications has been imposed. Some incidents of stone pelting have been reported.  Rather than speculating it will be prudent to wait. There will be a part two to this article.

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