For Kashmiris, Continued Dialogue With Centre the Only Way Forward, Finds Citizens Delegation

The Yashwant Sinha-led delegation of “concerned citizens” has in its report observed that there is anger among the people due to India’s refusal to recognise Kashmir as a politically contentious issue.

The Yashwant Sinha-led delegation of “concerned citizens” has in its report observed that there is anger among the people due to India’s refusal to recognise Kashmir as a politically contentious issue.

Yashwant Sinha-led delegation winds up Kashmir visit. Credit: Twitter

Yashwant Sinha-led delegation winds up Kashmir visit. Credit: Twitter

A five-member delegation of “concerned citizens” – led by former union minister Yashwant Sinha and facilitated by the Centre for Dialogue and Reconciliation (CDR) – visited Srinagar in October to reach out to its people in the wake of the violence that has plagued the state since the recent uprising. The delegation even managed to reach out to hardline Hurriyat Conference leader Syed Ali Shah Geelani and in its report observed that while almost everyone the delegation spoke to “argued for a political solution” to what they perceived to be a “political issue”, there was also a great deal of anger for a variety of reasons.

The delegation comprised former chief information commissioner and former chairman of the National Minorities Commission Wajahat Habibullah, former Air Vice Marshal Kapil Kak, senior journalist Bharat Bhushan and executive program director of CDR, Sushobha Barve. They said, “Kashmiris believe that today, Indian politics has taken such a turn that there is no willingness to even listen to demands for autonomy. Today, the Kashmir issue is being seen as Hindu vs Muslim and governance is seen as Jammu vs Kashmir.”

Need for dialogue

The group also noted that “an overwhelming sentiment among the Kashmiris” was for “setting up a permanent process of dialogue with New Delhi.”

Having managed to reach out to more groups in the Valley than the all-party delegation headed by  home minister Rajnath Singh had in September, the group said, “One of the reasons why so many doors were opened for us by separatists and ordinary Kashmiris alike, was because they saw our visit as a beginning of engagement with ordinary Indians.” Since the agenda of the alliance between the BJP-PDP coalition government in the state also commits to a dialogue with all the stakeholders, it therefore recommended that “such a dialogue is initiated at the earliest”.

Stating that it was not “limited to any ideology or institution and was not sponsored by anyone”, the group has noted in the report that “no security or financial help was accepted from any institution or government body to ensure that the integrity of the group as concerned citizens was maintained.”

The group said that it met Hurriyat leader Geelani twice at his residence. It also met Mirwaiz Umar Farooq, Abdul Ghani Bhat and Shabbir Shah and held consultations with representatives of the Kashmir Chamber of Commerce and Industry, the Kashmir Economic Alliance, the Kashmiri Pandit Sangharsh Samiti, the High Court Bar Association and also with academics, writers, journalists and doctors.

The delegation also had a dinner meeting with chief minister Mehbooba Mufti and met mainstream political leaders like Farooq Abdullah, Saifuddin Soz and Yousuf Tarigami who, it said, were supportive of the initiative.

Coming to its “basic findings”, the delegation said people generally spoke of reaching a “political solution” and it was pointed out that “this is the fifth generation of Kashmiris which is protesting but to no avail”.

Anger both short and long term

As for the reasons behind the current unrest, the delegation was apprised that it was due to both “immediate anger and the long term anger”. The immediate anger was primarily due to “excessive use of force by the security forces”, which has left over 100 dead since July 8 when the violence began in the state following the killing of Hizbul Mujahideen commander Burhan Wani.

Another reason for the prevalent anger has been the “use of pellet guns” for crowd control, which the delegation said, was the “sorest point” of all conversation with Kashmiris. “They want the pellet guns banned and cannot understand why the government of India is delaying this decision and why Indian security establishment is reluctant to give up this weapon,” it pointed out.

The delegation also referred to how the use of pellet guns has led to eye injuries to a lot of people, including innocent civilians. People in Kashmir have been wondering why they were being used on them when they were not used on protesters during the Jat agitation in Haryana, the protests during the Cauvery water sharing issue in Karnataka or in the Patel agitation in Gujarat.

When it raised the related issue of “stone pelting”, the delegation said most Kashmiri leaders denied that youngsters were being paid to throw stones. “They claimed that this was being done in ‘self-defence’ by unarmed people protesting against India.”

Another sore point has been the “night time raids by security forces”, which the people claimed had “resulted in the destruction of property at Kashmir homes”. One reason the delegation heard was “because the security forces get pelted with stones while returning to camp in the evening, they go back at night in anger to take revenge. That revenge in the form of wanton destruction of property to punish the people.”

Minors also victims of PSA misuse

People also spoke about the “misuse of the Public Safety Act (PSA)the Public Safety Act (PSA)” which, the delegation observed, “is seen as a revolving door process by the Kashmiris to keep people in jail.” It said this “draconian law” was brought into being by Sheikh Abdullah to deal with timber smugglers and thus does not require the victim to be produced before a magistrate and which allows a person charged under the Act to be kept in custody for up to a year. Now, it is being used to keep trouble-makers in jail for longer than a year. “As they are released in one case, another one under PSA is slapped on them in a different police jurisdiction.”

“However, the major misuse of the PSA is against minors. The amended Juvenile Justice Act for the state does not allow the police to arrest minors under PSA. Yet this has happened on a significant scale,” the delegation pointed out. They added that while the separatist leaders put the figure at about 6,000, the government sources put it at 2,500. Even more worrisome, it said was that “there are no juvenile homes or Borstals for confining minors in J&K, so they are kept with hardened criminals which can have a long-term deleterious impact on the minors imprisoned.”

It was also alleged that people from the Valley are being housed in jails in Jammu, against a Supreme Court order.

People in the state are also angry at the “destruction of electric transformers and crops in rural areas”, allegedly by the security forces and charged that “this is again apparently aimed at punishing villagers for either pelting stones at them or protesting against them.”

Emotional and sentimental issue

According to the delegation, there have also been a number of long-term reasons behind the anger of the people in Kashmir. Much of the anger, they said, rose from a belief among most that India has refused to recognise Kashmir as a politically contentious issue and has failed to recognise the emotional and sentimental aspects of the Kashmir issue. Also, the delegation learnt that people were angry because they felt that India has failed to see the psycho-historical aspects of the Kashmir problem and has often tried to reduce it to issues like lack of development or economic growth, a need to create jobs which it has believed will be solved by offering economic packages and incentives. “This has not suppressed the sense of hurt among the Kashmiri people or quelled their political aspirations because these measures do not address the political issue of Kashmir.”

Stop branding people ‘Pakistani puppets’

Other reasons for the anger that has brewed over the years include the belief that all Kashmiris are thought of as “Pakistani puppets”. They said, “Everything that happens in the Valley is being seen through the prism of Pakistan and that this is being done to deny that they are free agents who are raising their own issues with India.” The same argument, people said, was used to equate every protesting Kashmiri with a terrorist and their leadership – especially the Hurriyat Conference – being treated as extremists, when in fact it was organised as a political face of a peaceful protest movement.

According to the delegation, the people argued that “there is a need to recognise that Kashmiris are upset and that there is a sentiment for azaadi”.  If they picked up the Pakistani and Chinese flags, it was not because they wanted to solicit support from these countries but because “they know that this riles India”. And they want to rile India because it does not listen to them.

Kashmiri separatist leaders have also said that unless India and Pakistan talk, there can be no permanent solution to the Kashmir issue. The delegation said “most Kashmiris believe that Prime Minister Atal Bihari Vajpayee was sincere in his approach to resolving the Kashmir tangle. They quoted him as saying that Kashmir is an issue which needs to be resolved, and even if Kashmiris want to distance themselves, that has to be done through “cooperation and goodwill.”

There was also a widespread belief that the “Indian public is indifferent to the plight of Kashmiris. This, they believe, is because they have been conditioned and encouraged to view the developments in Kashmir through anti-Pakistan glasses.”

Pandits want parity and security

As for the Kashmiri Pandits living in the Valley, the delegation said they “want to be treated at par with Kashmiri migrants and be given same benefits as them because in a sense, they are also migrants who have shifted from the original villages to towns. This had been agreed to by the former prime minister Manmohan Singh but never implemented.”

The delegation also said that Kashmiri Pandits fear the due to the withdrawal of forces from certain areas their own security might be compromised. As such, of the remaining 850 Pandit families in the state, about 350 families are planning to migrate.

Reopen school, postpone exams

In light of all these findings, the delegation has suggested that the state government begin reopening schools and releasing forthwith, all first-time offenders who are school children and minors arrested under PSA. It has also called for considering postponing school examinations instead of holding them from November 15. It has also called for psychological counselling for repeat offenders and has suggested shifting them to juvenile detention centres.

Compensate and rehabilitate victims

The group has also suggested that the next of kin of the civilians killed or wounded in police be compensated. In addition it asked the government to consider announcing rehabilitation packages for those permanently blinded by pellet guns and free treatment for those who have been partially blinded by pellet guns. Furthermore, it suggested setting up a school for the blind in Srinagar and ordering a judicial commission to look into the excesses by the police, especially the wanton use of pellet guns.

From the Centre, the group has urged an immediate ban on pellet guns. It also asked the government to sensitise the media about the delicate nature of the Kashmir issue so that the situation is not flared in search of viewers and revenue.

The Centre has also been asked to “dispel the perception that Kashmir and Kashmiris are mere tools to be used for electoral purposes,” and reiterate that “Kashmiris are Indians”. It was also asked to “move quickly to give facilities of migrants to Pandits continuing to reside in Kashmir division of J&K.”

All-Party Delegation Fails to Prise Open Door to Peace in Kashmir

Hurriyat leaders refuse to hold talks with opposition MPs, insist government invitation for dialogue is “deceitful”.

Hurriyat leaders refuse to hold talks with opposition MPs, insist government invitation for dialogue is “deceitful”.

Communist MP's Sitaram Yechury and D. Raja waiting out side the door of Hurriyat leader Syed Ali Shah Geelani in Srinagar on Sunday. Sitaram Yechury and D Raja are part of the all party delegation visiting Kashmir but the separatist leaders refuse to meet them. Credit: PTI/S. Irfan

Communist MP’s Sitaram Yechury and D. Raja waiting out side the door of Hurriyat leader Syed Ali Shah Geelani in Srinagar on Sunday. Sitaram Yechury and D Raja are part of the all party delegation visiting Kashmir but the separatist leaders refuse to meet them. Credit: PTI/S. Irfan

Srinagar: Adopting a tough stance, separatist leaders in Kashmir on Sunday rebuffed attempts by five opposition MPs to talk to them even as an all-party parliamentary delegation explored ways to end the 56-day-old unrest by holding discussions with Jammu and Kashmir chief minister Mehbooba Mufti and some other mainstream leaders.

During the first day of its visit, the delegation met about 200 members in about 30 delegations from various sections of society and listened to their point of view to reach at a common solution to the current scenario in Jammu and Kashmir, a statement from the Union home ministry said.

While the delegation, led by Union home Minister Rajnath Singh, met mainstream sections, five members of the group broke away to meet the separatists.

Four MPs – CPI(M) general secretary Sitaram Yechury, CPI leader D. Raja, JD(U) leader Sharad Yadav and RJD’s Jay Prakash Narayan – went to meet hardline Hurriyat leader Syed Ali Shah Geelani at his residence where he is under house arrest for the last 60 days while AIMIM leader Assaduddin Owaisi went to meet moderate Hurriyat leader Mirwaiz Umar Farooq at the Chashm-e- Shahi sub-jail where he is lodged.

At Geelani’s residence, the gate was not even opened for the MPs while people shouted slogans outside. Geelani saw them from the window but refused to meet the parliamentarians.

“It is our effort to show that we are ready to talk to anyone whether they agree to meet or not,” Yadav said.

The group also went to meet JKLF chief Yaseen Malik, who is under detention at a BSF camp in Humhama. He told the MPs that he will talk when he visits New Delhi.

Owaisi went separately to meet the Miwaiz, who met him briefly but only exchanged pleasantries.

After Owaisi’s failed attempt, the group comprising Yechury, Yadav, Raja and Narayan went to meet the Mirwaiz and were with him for about 15 minutes.

The group tried to meet former Hurriyat Chairman Abdul Ghani Bhat, who also refused to talk to them. Bhat welcomed the leaders but made it clear that it has been decided that no talks will be held with the delegation members.

Owaisi said he also met another detained leader, Shabbir Shah, for some time and offered ‘namaz’ along with him there.

But no separatist leader held talks with them.

“This is a futile exercise. Nothing concrete will happen until or unless India talks to Pakistan on Kashmir. We will not be able to arrive at any solution if India only talks to Kashmiris or Pakistan talks to Kashmiris. We should try and solve this issue which can otherwise result in hostilities between the two neighbouring nations,” said Bhat.

Earlier in the day, the separatists rejected Mehbooba Mufti’s invitation for a meeting with the all-party delegation, terming the appeal “deceitful” and insisting that it cannot be an alternative to a “transparent agenda-based dialogue to address the core issue”.

The all-party delegation has come to Srinagar cool the volatile situation arising out of violent protests that have gripped the Valley since the killing of Hizbul militant Burhan Wani on July 8. The clashes resulting from the protests have claimed 71 lives and injured thousands. .

After his meeting with the Mirwaiz, Yechury said, “We are urging both sides to first restore normalcy and ensure that the suffering of people during the last two months ends. Start unconditional political dialogue.”

He said, “When the government gives slogans, some tangible follow up steps should also be taken.”

Referring to Prime Minister Narendra Modi’s talk about “vikas (development) and vishwas (trust)”, the CPI(M) leader said “no tangible steps have been taken to develop trust among the Kashmiri people.”

He said the governemnt keeps on repeating Vajpayee’s statement of ‘jamhooriyat, Kashmiriyat and insaniyat’ but “forgot the steps taken by the former prime minister along with the slogan like unilateral ceasefire during Ramzan and talks with the Hizbul Mujahideen. (The then) deputy prime minister L.K. Advani himself held number of meetings with Hizbul leaders.”

Earlier, Owaisi said the Mirwaiz expressed his inability to have any talks because of the position taken by his organisation.

“I met him (the Mirwaiz) and he told me that my organisation has not mandated any talks with the parliamentarians. He expressed his inability to carry out any talks,” the AIMIM leader said.

He described the attempt as “ice breaking” and hoped it will continue with “some constructive steps being taken by the state and the central government. The process of dialogue needs to continue.”

The 26-member parliamentary delegation, which arrived here this morning, began its engagements with a meeting with the chief minister, who pitched for unconditional dialogue with all stakeholders.

“Met the ‘All Party Delegation’ … and pitched for unconditional talks with all stakeholders,” Mehbooba wrote in a Facebook post. She refused to talk to reporters at the venue of the meeting.

She said she was committed to help initiate a “sustained and meaningful dialogue” within the state with political groups, irrespective of the ideological views and predilections of the political groups.

Next, the visiting MPs held a meeting with National Conference leader and former chief minister Omar Abdullah, who spoke of  the “continuous failure of the state government and its dilly dallying tactics”.

During his hour-long interaction with the delegation, Omar recalled the previous all-party delegation visits since 1990 to Kashmir and said that “unfortunately when things cool down, there is no progress on the issue”.

He said the MPs who have come here this time have a mammoth task on their hands to revive faith in this process.

“There was a time when my father had conveyed the need to grant internal autonomy to Jammu and Kashmir and had warned New Delhi that if they continue to deny it, the time will come when that will also not be acceptable to the people of Jammu and Kashmir. I think we are heading for that time only,” Omar said.

He told the delegation that his party workers had been pressuring him not to attend the meeting, “such is the situation”.

“Mehbooba Mufti should decide whether she wants to be the chief minister or leader of opposition. In the morning she says one thing and does a complete about turn by evening. She wants that the Hurriyat should be talked to but in the evening she puts them under arrest,” the opposition NC leader said.

State Congress chief G.A. Mir, after meeting the MPs, said it seems it (delegation) has no roadmap.

“They do not have anything concrete to offer,” he said.

PDP general secretary Sartaj Madni met the delegation with 10 PDP leaders.

He apprised the delegation about the ground situation in the state and reiterated its stand that PDP will be a bridge between an Indo-Pak dialogue, a dialogue between the centre and separatists, and between the Centre and the Kashmiris.

“We have told the delegation that they should find a political solution to the Kashmir issue. Both the PDP and BJP are committed to the agenda of alliance where dialogue with all stakeholders can be agreed upon,” he said.

Asked about killings in the protests, Madni did not give any direct reply and asked reporters to write only the truth.

Congress leader Ghulam Nabi Azad, who is part of the central delegation, said the attempted meeting of five MPs with separatist leaders was in their individual capacity.

An official statement from the Union home ministry said that in addition to political parties, delegations of academicians, teachers and student associations, representatives of school management, prominent NGOs, representatives of Leh, Kargil, Pahari associations, Gurudwara Prabandhak Committee, Fruit and Saffron Growers associations, civil society etc also met the delegation.

“The Jammu and Kashmir Students Welfare Association informed the all-party delegation that they are willing to work with Government of India, hand in hand and shoulder to shoulder to bring normalcy in the state,” it said.

The statement said various political parties expressed their concern over the injuries to civilians due to the use of pellet guns.

“The Union Home Minister said that government is already working on the alternatives to pellet guns such as PAVA shells,” it said.

Hurriyat are Indian Citizens, Can Meet Any Foreign Representative, Says Govt

India’s hardline stance against the Hurriyat that became apparent in 2014 will be under scrutiny later this year during the Heart of Asia Summit.

Hurriyat (G) leader Syed Ali Shah Geelani with Pakistani  high commissioner to India Abdul Basit at a recent Pakistan Day event in New Delhi. Credit: PTI

Hurriyat (G) leader Syed Ali Shah Geelani with Pakistani high commissioner to India Abdul Basit at a recent Pakistan Day event in New Delhi. Credit: PTI

New Delhi: The Hurriyat leaders are Indian citizens, and the Modi government has no problem with them meeting the Pakistani high commissioner or any foreign representative in India. But if the Pakistanis decide to meet with them, the government will object on the grounds that such meetings constitute interference in India’s internal affairs.

This, in a nutshell, is the latest official line on an issue that has become a major roadblock in India’s relationship with Pakistan ever since August 2014, when New Delhi cancelled the then foreign secretary Sujatha Singh’s trip to Islamabad in reaction to Pakistani High Commissioner Abdul Basit meeting Hurriyat leader Shabbir Shah days before her planned visit.

On April 28, 2016, minister of state for external affairs General V.K. Singh answered a parliament question about the meeting between Hurriyat leaders and Basit. This time, the question was framed in the context of their presence at the recent Pakistan Day celebrations.

In new and unusual phrasing, Singh’s written reply stated, “Since the entire state of Jammu and Kashmir is an integral part of the Union of India and these so called Kashmiri ‘leaders’ are Indian citizens, there is no bar on their meetings with representatives of any country in India.”

Singh’s reply then took a familiar route by equating Hurriyat with the unwanted “third party” in the bilateral dispute: “However, India has consistently maintained that there is no role for a third party in the bilateral dialogue between India and Pakistan as per the Simla Agreement and the Lahore Declaration.”

Singh’s letter added that “India’s displeasure at Pakistan’s attempts to interfere in India’s internal affairs has been repeatedly conveyed to Pakistan.”

Hurriyat leaders have been important invitees to all Pakistani national day functions – there was no difference this time. Senior separatist leaders Syed Ali Shah Geelani, Mirwaiz Umar Farooq and Abdul Ghani Bhat were seen holding court at the March 24 reception on the lawns of the Pakistan high commission. Union environment minister Prakash Javedkar was the chief guest this year; last year it was V.K. Singh.

Tracing the background

The NDA government’s hardline position on the Hurriyat became apparent following its cancellation of Sujatha Singh’s 2014  trip to Islamabad just after it was confirmed that Basit had met with Shah.

At the time, India argued that Pakistan’s explanation that the Hurriyat were also an important stakeholder in the bilateral relationship did not hold water, even more so because Singh’s visit was supposed to entail only “talks about talks.”

Earlier, when Prime Minister Nawaz Sharif attended the swearing-in ceremony of Narendra Modi, he was told by the Indian side that a meeting with the Hurriyat leaders may not be appropriate. Sharif acquiesced, but had to face a barrage of criticism on returning home.

After the newly-appointed foreign secretary Subrahmanyam Jaishankar went to Pakistan on March 3-4, 2015, as part of his ‘SAARC yatra’, it was presumed that New Delhi’s stance would soften. But the Pakistan high commissioner invited all the Hurriyat leaders for the March 24 national day reception and New Delhi once again issued an official statement that there could be “no third party.” Ultimately, the Hurriyat leadership did attend the national day function in full strength.

It was the first scheduled meeting of national security advisors in Delhi, as part of the Ufa agreement between Modi and Sharif in July 2015, that saw India physically stopping Shah from meeting Sartaj Aziz. The top Hurriyat leadership was put under house arrest in Srinagar for a couple of hours, and Shah was detained by the police upon arriving from Srinagar at Delhi airport.

Sushma Swaraj argued at a press conference at the time that the ban on meetings between Pakistan and the Hurriyat was not a blanket ban, but that the “Indian government never allowed [the] meeting before the dialogue.” She asserted that “whenever a dialogue is held before talk, then that means you are considering them as a stakeholder.”

However, in July 2001, Pakistani president Pervez Musharraf did meet with Hurriyat leaders over tea ahead of the main Agra summit with Prime Minister Atal Behari Vajpayee. Vajpayee technically did meet Musharraf before meeting the Hurriyat, but that was for an elaborate public lunch and not for a political discussion.

One month later in August 2001, the question about Musharraf’s meeting with the Hurriyat leaders came up in parliament, along with questions about the government’s reaction. In a reply dated August 22, Omar Abdullah, who was  minister of state for external affairs at the time, stated: “[The] government [is] of the view that the visit of President Pervez Musharraf to India, and his meetings with the Prime Minister and other Indian leaders, was an opportunity for quiet and serious diplomacy to move India-Pakistan relations forward, in the direction of peace, friendship and cooperation. These occasions should not be frittered away in seeking propaganda… at home or abroad.”

In the India-Pakistan saga, the next test will be later this year, when India hosts the Heart of Asia Summit.

If, as expected, Sartaj Aziz does attend the summit, the question about encounters with the Hurriyat and their timings will certainly be under scrutiny again – especially given the current government’s heavy diplomatic investment in keeping the Hurriyat at bay.