“Article 370, a temporary transitional provision, is the biggest injustice with the people of Jammu and Kashmir, while the Article 35A is a constitutional blunder which was included through back door without the consent of parliament and the president. we wish the early abrogation of both these constitutional provisions”, said the BJP Jammu & Kashmir (J&K) president Ravinder Raina in the valley on 26th May 2019. Thus, the die was cast well before 370 and 35A were actually revoked! Despite this and other tell-tale signs why was this not noticed in Pakistan and across the world? Consequently, the recent abrogation of Article 370 in Jammu & Kashmir has put the Asian subcontinent on a knife’s edge! The already tense valley has now become a tinderbox which could explode any minute. No wonder the Indian Government is persisting with almost a complete lockdown of the general population and the house arrest of several local leaders many of whom have been pro-India previously. One would imagine that this is where their pro-India leanings will end!
What is article 370? It provided the state of J&K a certain amount of autonomy. This was reflected in having its own constitution, a separate flag and freedom to make laws. All other prerogatives such as foreign, defence and communications were left to the central government. This was primarily done because J&K was the only Muslim-majority region to join India during partition and thus for both sides, the relationship was fraught with skepticism and intrigue. The result was that J&K could make some of its own rules especially when it came to fundamental human rights, ownership of property and permanent residency. The biggest execution of this article saw Indians from outside the state banned to purchase property or settle there. Most crucially, this article was a solemn pact which neither side J&K or the central government could amend or abrogate unilaterally. If nothing else, the abrogation of article 370 flies straight in the face of this tenet of the article itself. So much for India’s democratic credentials!
However, leaving aside the tag of ‘biggest democracy in the world’ or lack thereof, the crucial question is whether this action could be pre-empted? The answer unfortunately is yes. The world in general and world leaders in particular have been caught napping. Consider.
The autonomous powers of J&K have been in the cross-hairs of the Bhartiya Janata Party (BJP) for quite some time, even since the days of Atal Bihari Vajpayee. But it was never as sharp and as precise as it was under the Modi regime. In the BJP election manifesto of 2014, J&K was called an integral part of the Union of India along with the promise to facilitate the return of Kashmiri Pandits to the state. There wasn’t much mention of Article 370 or indeed Article 35A. Note that Article 35A was introduced through a presidential order in 1954 to continue the old provisions of the territory regulations under Article 370 of the Indian constitution. As the BJP attempted to further their grip on power, their manifesto for J&K became even more explicit. So much so that for the elections in 2019, the abrogation of Article 370 and annulment of Article 35A both were specifically mentioned under the guise of bringing equality and development to the state. And with a two-third majority, it was only a question of time! Thus, if nothing else, a clear understanding of BJP’s last two election manifestos would have given quite a clear indication the subversive progress made in getting to this stage where both articles stand repealed.
Another alarming reason that provided clues to the Indian Government’s ambition for Article 370 and Article 35A was the rise and subsequent acceptance of the toxic notion of Hindutva among the BJP ranks. But Hindutva is not the same as Hinduism. Hinduism is a major religion and stems from Vedic traditions. It generally promotes a diverse society where pluralistic and varied views are accepted. In that, Hinduism has purely religious connotations. Hindutva is a political ideology seeking only to establish the hegemony of Hindus and the Hindu way of life. As such, Hindutva espouses for a monolithic society and domination of Hindu religious practices, customs and traditions without caring for any other religion or sect. Hindutva as an idea was popularized by Veer Savarkar in his 1923 treatise, Hindutva Who is a Hindu. More importantly, in this notion, a person qualifies as Hindu only when he considers India his fatherland and holy land. The second part is the clincher! This was probably purposefully written this way as this meant that Muslims and Christians would be automatically excluded as for them holy lands lie elsewhere! Today, the Hindutva ideology is the centre piece of the Rashtriya Swayamsevak Sangh (RSS) and enforced in society to the best of its abilities by the BJP, the nominal political wing of the RSS. In a teacher-student relationship, RSS would be the teacher and the BJP, the student. Such is the extreme nature of Hindutva that a member of the RSS mostly armed with Savarkar’s absolute beliefs assassinated Mahatma Gandhi in 1948! This was primarily because Gandhi’s vision of faith was, in many ways, the absolute opposite of Hindutva. Gandhi focused on belief and cared nothing about the political branding that was, and still is, Hindutva. Hence, the rapidly mainstreamed doctrine of Hindutva should have spelt clearly the demise of Article 370 and Article 35A. This would also be true for the overarching policy of exclusion that is practiced on behest of Hindutva. One of the strategies to accomplish this is the attempt to standardise family laws for everyone excluding even those laid out explicitly in specific religions. The ruling on banning Triple Talaq without even consulting religious sentiment is a physical manifestation of this strategy and a case in point. Ultimately, for the people in India in general, and those in J&K in particular, the irony lies in the fact that the RSS whose bidding all this is is still classed as a voluntary organisation and an NGO!
The geo-political landscape within and outside of India also would have foretold what befell on Article 370 and Article 35A. Internally, other mainstream political parties in India were in disarray, especially Congress. There was no sufficient opposition to the BJP and no voice that could argue against, or provide an alternate to, the BJP narrative. So much so that even now, when the two articles stand revoked, there is little show of force from the opposition parties! The only thing that Rahul Gandhi has been able to do is to make a fuss about not being even allowed to enter into J&K. RIP, the legacy of the Gandhi’s! Externally, the repeated offers from Donald Trump to mediate the Kashmir dispute between Pakistan and India would have put quite a strain on the Government of India. Thus, it would have exacerbated the discussion on revocation of both articles and hastened its implementation.
Although suffice it to say that hindsight is a dangerous thing but even if the general population didn’t pick up on the aforementioned clues to the overturning of Article 370 and Article 35A, the policy makers should have! Afterall, they are paid to do this, it is their job to pre-empt actions before they happen! And more importantly, mitigate them in some shape and form. Unfortunately, these unilateral and undemocratic actions from a country that touts its democratic credentials, have left the policy czars groping for a response! They have been weighed, and they have been measured and they have been found wanting!
