RNI No. ISSN 2347-1522 Vol. I Issue No. 1 November-December 2020 India Foundation Journal

Editor’s Note : Jammu and Kashmir: A Glimpse into History - Maj. Gen. Dhruv C. Katoch

Focus : Union Territory of Ladakh and Union Territory of Jammu and Kashmir

One Year after Formation of UT of J&K and - Aditya Raj Kaul UT of Ladakh: Progress, Challenges and Prospects - An Interview with Shri Ram Madhav

Decommissioning of Article 370: - Shakti Munshi The Legal Perspective

Ladakh without Article 370 - P. Stobdan

Empowering the Region: The Jammu Viewpoint - Sant Kumar Sharma

The View from Kashmir: Vocalise the Locals - Bashir Assad

International Relations Turkey: Quest for Caliphate and Empire - Sandhya Jain

Economy Modern Economics and Monetary Theory: - Deepak Loomba Cryptos and Digiyuan

Table of Contents

Editor’s Note

Jammu and Kashmir: A Glimpse into History ...... Maj. Gen. Dhruv C. Katoch 3

FOCUS: Union Territory of Ladakh and Union Territory of Jammu and Kashmir

One Year after Formation of UT of J&K and UT of Ladakh: Progress, Challenges and Prospects - An Interview with Shri Ram Madhav ...... Aditya Raj Kaul 10

Decommissioning of Article 370: The Legal Perspective ...... Shakti Munshi 18

Ladakh without Article 370...... P. Stobdan 25

Empowering the Region: The Jammu Viewpoint...... Sant Kumar Sharma 36

The View from Kashmir: Vocalise the Locals...... Bashir Assad 43

International Relations

Turkey: Quest for Caliphate and Empire ...... Sandhya Jain 50

Economy

Modern Economics and Monetary Theory: Cryptos and Digiyuan ...... Deepak Loomba 62

India Foundation Journal, November-December 2020 {1} India Foundation About India Foundation Journal India Foundation is an independent research centre focussed on the issues, challenges, and opportunities of the Indian polity. The Foundation believes in understanding contemporary India and its global context through the Vol. I civilizational lens of a society on the forward move. Based on Issue No.1 the principles of independence, objectivity and academic rigour, the Foundation aims at increasing awareness and advocating its views on issues of both national and November-December 2020 international importance.

With a team of dedicated professionals based at its office in New Delhi, the Foundation works with partners and Editor associates both in India and overseas to further its stated Maj Gen (Dr) Dhruv C Katoch objectives.

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{2}{2} India Foundation Journal, November-December 2020 EDITOR'S NOTE Jammu and Kashmir: A Glimpse into History Maj. Gen. Dhruv C. Katoch*, SM, VSM

Introduction oft been described not just as India’s northernmost he Himalayas have been part of the Indian outpost, but as the very fountainhead of Indian social and cultural milieu since millennia culture. Tand as such find constant mention in ancient Over two thousand years ago, the Mauryan Indian spiritual texts. In the Mahabharata as well empire was spread over Kashmir and extended as in the Vishnu, Shiv and Matsya Puranas, there eastward to encompass what is present day is reference to Bharat as the land lying between Afghanistan. During the reign of Ashoka, a the Himalayas to the North and the Ocean in the complete system of administration was established South.1 Kashmir’s ancient Hindu civilisation in Kashmir. In the 8th century CE, the great Hindu predates the Mahabharata, as seen by reference ruler Lalitaditya (724 CE-760 CE) ruled over a to Raja Gonanda in Nilmata Purana and the epic vast expanse, stretching from Assam in the East Rajtarangini. The Markandeya Puraan, describes to the Caspian Sea in the Northwest and down to Bharat in beautiful prose as “the land that is girdled the Cauvery Basin in the South. Reputed to be the by the sea on three sides and on the North by the most powerful ruler of the Karkota dynasty of Himalayas, which stretch like the string of a bow”.2 Kashmir, his reign witnessed the flourishing of art, The Vishnu Puraan, in a beautiful couplet describes culture, learning and architecture, some of which India as the land south of the Himalayas and north is visible even today in the ruins of the Martand of the Ocean, the second line of the couplet stating Sun temple. Raja Avantivarman (855 CE-883 CE), that all who are born therein are Bharatiyas. ended the Karkota dynasty and founded the Utpala ‘Uttaram yat samudrasya, Himadreshchaiv dakshinam, dynasty. A staunch patron of the arts, he revived varsham tad bharatam nama, Bharatee yatra santatihi’ Sanskrit learning in Kashmir and built many Hindu From the Southern shores of India, we have temples dedicated to both Vishnu and Shiva as well early Tamil poets making mention of the Northern as Buddhist monasteries. In the beginning of the extent of Bharat as the land which is the abode of second millennium, the works of the intellectual Siva and the ‘tapovan’ (Sanskrit for austerity and giant, Acharya Abhinavgupta (950 CE-1016 CE) spiritual practices) of saints and seers.3 The witnessed the revival of Kashmiri Shaivism. Born Himalayas thus have always been central to the to a Kashmiri Brahmin family, he is the author of Indian ethos, with ancients texts making constant the Tantra Lok and other seminal treatises on reference to the Kashmir Mandala in terms of its Kashmir Shaivism. spatial and temporal locus as part of India’s sacred For India, the Himalayas provided both a geography. Little wonder then that Kashmir has formidable natural line of defence, and the core of

*Maj. Gen. Dhruv C. Katoch is Editor, India Foundation Journal and Director, India Foundation. India Foundation Journal, November-December 2020 {3} Indian spiritual thought. Kashmir, nestled in the lap the head priest of the Brahmin Pandit’s Devaswami of the Himalayas, became a focal point for the denied the newly anointed Raja his request. As a spread of Indian culture to Central, East and result, Rinchan converted to Islam and adopted Southeast Asia. Straddling the communication the title of Sultan Sadruddin Shah. 10,000 of his network between Central Asia, Afghanistan and subjects converted along with him.5 Rinchan died China, the region gained strategic significance and three years later in 1323 CE. He founded a quarter in the early years of the 19th century, became the in Srinagar called Rinchanpua, on his name and foci of the rivalry played out between Czarist built a mosque, Bud Masjid, on the site of a Russia and Imperial Britain, which came to be Buddhist temple. With his death, Kashmir returned called the Great Game. to Hindu rule, under Rinchan’s widow, Kota Rani, but this interlude was but a short one. She was The Beginning of the Sultanate defeated by Shahmir, an astute diplomat in her The first recorded account of the entry of Islam kingdom, who ascended the throne in 1339 CE, in Kashmir is the invasion of Sultan Mehmood of with the title of Sultan Shamsuddin. While Rinchan Ghazni (971 CE-1030 CE) in the 11th century. He was the first Muslim ruler of Kashmir, the was decisively repulsed. But history was to change consolidation of the Sultanate started with a few centuries later, when in the first quarter of Shamsuddin, till the 200 year rule of the Sultans the 14th century, the Mongols invaded the land. was ended by Mughal emperor Akbar in 1586 CE. This invasion was the beginning of the tumultuous events that were to overtake the Kashmir Valley Mughal, Sikh and Dogra Rule over the next 400 years. After ravaging the land The Mughal rule in Kashmir lasted for just for eight months, the Mongols left before the onset over 170 years until 1757 CE. It was marked by of winter. The ruler at that time was King the building of pleasure gardens and little else, till Suhadeva, who attempted appeasement of the Aurangzeb (1658 CE-1707 CE), ascended the invaders by way of expensive gifts, but these were throne. His rule saw the return of religious bigotry spurned by the Mongol army which continued its and intolerance to the Kashmir Valley, with forcible spree of killings, loot and plunder. The King died conversions and discriminatory taxation. Mughal soon after and his place was taken by his Prime influence declined after Aurangzeb’s death, and Minister, Ram Chander, who in turn appointed further weakened after Nadir Shah’s invasion of Rinchan, a Buddhist prince from Ladakh, as an India in 1738 CE. The death knell to Mughal rule administrator. Rinchan soon gained the confidence came with their defeat to the Afghan’s in 1753 of the Raja and then treacherously killed him, and CE, as a result of which Kashmir came under anointed himself as the ruler in 1320 CE.4 At this Afghan rule. The Afghan rule ended 66 years later point of time, the history of Kashmir took a dramatic with their defeat by Maharaja Ranjit Singh in 1819. turn. Rinchan had married Ram Chander’s This also marked the end of Muslim rule in daughter and desired to convert to Hinduism, but Kashmir, encompassing a period of just over four

{4}{4} India Foundation Journal, November-December 2020 hundred years. The Afghan rule was noted for its in Western Punjab. This was however a transitory cruelty, barbarity and avarice, and its demise phase as the rise of Sikh power in the region saw came as a period of welcome relief to the people Jammu losing its sovereignty over all of their former of the region.6 territories save for Jammu, which was now Sikh rule over Kashmir was also short-lived reduced to a petty state. But it also saw the rise of and ended with British victory over the Sikhs in the line of Raja Dhruv Deo, in the form of his the battle of Sobraon in February 1846, called the great-great-grandsons, Gulab Singh, Dhian Singh First Anglo-Sikh War. Two treaties were signed at and Suchet Singh, who joined Maharaja Ranjit the end of the war. The first of these, the Treaty Singh’s court and rose rapidly through the ranks, of Lahore, was signed on 9 March 1846 with the setting themselves apart and above the Maharaja’s 7-year old Maharaja Duleep Singh and the British Sikh courtiers. Empire. Under the terms of the Treaty, Punjab Gulab Singh had joined Maharaja Ranjit Singh’s ceded Kashmir and its dependencies to the British. army in 1809. His father, Miyan Kishore Singh The second treaty, the Treaty of Amritsar was was given the charge to administer Jammu state signed a week later on 16 March 1846 with by Maharaja Ranjit Singh in 1817, which had been Maharaja Gulab Singh of Jammu. Through this annexed by him a year earlier. Soon thereafter, Treaty, Kashmir and its dependencies were handed Miyan Kishore Singh declared Gulab Singh as his over to Gulab Singh, and thus Kashmir came under legal heir. As a reward for the outstanding Dogra rule. Under the terms of the Treaty, contribution made by Gulab Singh in the defeat of Maharaja Gulab Singh paid a sum of Rs 75 lakh to the Pathans in Kashmir in 1819, Maharaja Ranjit the British government for the territories ceded to Singh crowned Gulab Singh as the Raja of Jammu him. This included the whole of the outer hills on 16 June 1822. Even after getting Jammu and between the Ravi and the Indus, the Valley of its adjoining principalities under his territory, Raja Kashmir, Ladakh, Gilgit, Baltistan and the Indus Gulab Singh continued to serve the rulers of Lahore Valley down to Chilas.7 and at the same time, annexed many small The region of modern-day Jammu, was principalities to his kingdom. Kishtwar was subdued traditionally ruled by the Dogra Rajputs. For the and its governorship was handed over to Zorawar most part, they maintained their autonomy despite Singh, a Rajput soldier in the Sikh army. It was being nominal feudatories to Delhi. At times, they Zorawar Singh who annexed Ladakh in 1842 and joined the Mughals in their northern conquests, like added it to Dogra rule.8 those of Balkh in 1646-47 CE. With the demise of British interest in the region, during the period the Mughal dynasty, Raja Dhruv Deo and later his of Sikh and Dogra rule had much to do with the son, Raja Ranjit Deo rose to greater political great power rivalry that existed at that time prominence, the latter also proceeding to expand between Imperial Britain and Czarist Russia. his kingdom to include Kishtwar, Chenani, Britain wanted to keep their resident in Kashmir, Bhadarwah, Besolhi, Jasrota and parts of Gujrat to keep a watch over the activities of the Sikh

India Foundation Journal, November-December 2020 {5} rulers and to see that Russian influence was kept state.10 Sheikh Abdullah emerged as the leader of at bay. During Maharaja Ranjit Singh’s rule and the J&K Muslim Conference which was formed for a decade after his death in June 1839, the British in 1932. The Party was renamed as the Jammu were kept out, but after the defeat of the Sikh’s in and Kashmir National Conference on 10 June the Second Anglo-Saxon War of 1849, Punjab was 1939. When India was partitioned and achieved annexed by the British and the Dogra rulers independence on 15 August 1947, most of the thereafter succumbed to British pressure. In 1877, princely states had opted to join either India or the British established the Gilgit Agency, to guard Pakistan. The state of Jammu and Kashmir had against the advance of Russia. The Agency, the choice to remain independent under the comprising of the Gilgit Wazarat; the State of Maharaja or to join either India or Pakistan. Britain Hunza and Nagar; the Punial Jagir; the had also terminated its lease of the Gilgit Agency, Governorships of Yasin, Kuh-Ghizr and Ishkoman, which reverted back to the state. At this time, the and Chilas, was re-established in 1935 under the boundaries of the state encompassed the Gilgit control of the British Resident in Jammu and Agency, Gilgit and Baltistan in the North, Ladakh Kashmir. It was given on lease for a period of 60 in the East, Kashmir and Muzaffarabad in the years commencing from 29 March 1935.9 centre and Jammu, to include Poonch, Rajouri, The period of Dogra rule in Kashmir’s history Mirpur, Udhampur, Bhadarwah and Kathua in was an epochal event, for it marked the entry of the South. the British into the area. Taken holistically, it was also a period of reasonable prosperity for the state. Post Independence Developments Gulab singh was succeeded by his son Ranbir At the time of independence, Maharaja Hari Singh, who in turn was succeeded by Pratap Singh. Singh found himself in a precarious position. His Here the family line ended as Pratap Singh had no state forces lacked the capacity to protect any part male heir. As a result, his nephew Hari Singh, of his landlocked kingdom, which lay between succeeded him to the throne. Hari Singh was India and Pakistan. There were three battalions destined to be the last ruler of the state, the Dogra of the Jammu and Kashmir State Forces, with the rule having lasted for just over one hundred years. Kashmir Brigade. 7 J&K Rifles was at Srinagar, 4 J&K Rifles at Domel with a company at Kohala Pre Independence Developments and another company at Keran and 6 J&K Maharaja Hari Singh ascended the throne on Battalion had been sent up to Gilgit. This battalion 23 September 1925. It was a moment in history had moved to Bunji and had a company at Leh when the Indian independence movement was and another company at Skardu. South of the Pir gathering steam and differences between the Panjal range, 1 J&K Rifles was at Poonch and Hindus and Muslims had started coming to the fore. was being relieved by 8 J&K Rifles, 9 J&K Rifles Within the state of J&K, Muslim fanatics started was at Rawalkot, 2 J&K rifles at Naushera and 3 a movement to stoke communal violence in the J&K Rifles at Mirpur.11 Some of these were mixed

{6}{6} India Foundation Journal, November-December 2020 battalions with both Dogra and Muslim troops. Poor army which also provided the force its leadership communications and the vast spread of the area component down to company level. In his book, meant that each battalion was really fighting an Khan confirms that the political leadership of independent battle and could not depend on support Pakistan was fully in sync with these operations. from any one. Pakistan thus thought that it would It was thus a politico-military operation carried out be easy to militarily take over the state and force by the state of Pakistan. its accession to Pakistan. The invasion of J&K by Pakistan military, The idea of remaining an independent kingdom along with the raiders, began on 22 October. The had appeal for the Maharaja, but he lacked the route chosen to reach Srinagar was via Domel, force to protect his kingdom from external threats. Mahulla and thence to Baramulla. Over 7000 The remaining options were to accede, either to Pashtun armed tribesmen, led by officers from the India or to Pakistan. Maharaja Hari Singh’s Pakistan military, began the invasion, crossing over dilemma was increased by the fact that the Muslims the state boundary. In a shameful incident, on the in his state constituted the larger majority, but the night of 21/22 October, the Muslim companies of Hindu population was substantial too. Stalling for the 4th Jammu and Kashmir Infantry, betrayed their time, the Maharaja entered into a Standstill oath to their ruler and the state and in an act of Agreement with Pakistan on 12 August 1947. India treachery, driven by religious fanaticism, killed their however declined his offer. commanding officer, Col Narain Singh. They also To the Pakistani political leadership of that killed their Dogra colleagues and then deserted, time, led by Mr Jinnah, who had been appointed crossing over to the ranks of the tribals. as the Governor General of Pakistan and his Prime Muzaffarabad and Domel was ransacked, the Minister, Mr Liaquat Ali Khan, there was little people butchered, raped and looted. Two days later, doubt that Kashmir would be taken over by force, in Pulandri, they announced the formation of a if the Maharaja did not accede to Pakistan. This provisional ‘Azad Kashmir’ government,12 before plan was given the code name “Operation Gulmarg” continuing their advance to Srinagar. and planning commenced in August 1947. Under these conditions, the Maharaja Maj Gen Akbar Khan, a serving officer of the requested India’s help, but was told that this could Pakistan army, was given the command of not be given unless he acceded to India. This was Operation Gulmarg, and he revealed all the details agreed to by the Maharaja and the Instrument of of this operation in 1975, in his book, “Raiders in Accession was signed on 26 October 1947. The Kashmir”. To achieve their objective, the Pakistan Indian Army was flown in to Srinagar on 27 military raised 20 lashkars of about 1000 men each October and they managed to halt the raiders on from their Pashtun population in the tribal belt. the outskirts of the city. Thereafter, the raiders Pakistani military officers and men were embedded were pushed back till a ceasefire was declared on into the lashkars. They were given weapons, 31 December 1948. With this, Pakistan remained equipment and logistic support by the Pakistan in possession of about one-third of the state of

India Foundation Journal, November-December 2020 {7} J&K, to include the areas of Gilgit-Baltistan and Islami and its educational wing Falah-e-Aam Trust Mirpur-Muzaffarabad. This line has seen minor in 1992 for indulging in anti-social activities, but modifications post the 1971 war with Pakistan, inexplicably, absorbed all the teachers in where it came to be known as the Line of Control. government schools!13 Terrorism and radicalisation Post the 1971 Indo-Pak War, Turtuk, lying in the thus grew hand in hand in J&K, with Pakistan Nubra Valley and on the banks of the Shyok River lending full support to terrorist groups. To view was liberated by Indian forces and now forms one the conflict in Kashmir as a fight for ‘Azadi,’ is of the northernmost villages in the Leh District hence a misnomer. It was always a fight for Nizam- of Ladakh. e-Mustafa—rule by Shariat and not by democratic The inclusion of Article 370 into the Constitution norms. Also, developments with the state always of India had not been demanded by the people of had a Kashmir-centric agenda, despite the Kashmir J&K, nor was it demanded by Maharaja Hari Singh division having only 55 percent of the population,14 when he acceded to India. The Article giving and just one-sixth of the land area of the state.15 special status to the state was a temporary The voices from Jammu and Ladakh remained measure, and so was included in PART XXI of smothered. Even within Kashmir Division, it was the Constitution, which pertained to Temporary, but a small coterie of people, comprising a fraction Transitional and Special Provisions. The insertion of the population, that held complete sway over of Article 35A in 1954, which was the more the state. These were, what Bashir Assad refers insidious development, gave the state of J&K the to in his book, “K File” as the Mullah clan—the power to determine who was a state subject and people who had come to the Valley about 600 years such determination could not be challenged by the earlier to preach Islam. They are the present day Indian State. This Article was inserted without the Geelanis, Muftis, Shah, Handanis, Naqshbandis, mandatory approval of the Indian Parliament. Both Andrabis, Bukharis etc, and they achieved a Article 370 and 35 A can be said to have hindered stranglehold over the state, dominating the original the emotional integration of J&K with the rest of inhabitants, as well as the states political and the Indian Union. bureaucratic landscape.16 The power of this group has now been eroded. The Radicalisation of J&K The problem of radicalisation which seeped Conclusion into the state had its origins in the growth, since The abrogation of Special Status to the state the mid-1960s, of the Jamaat-e-Islami. of J&K and its bifurcation into the Union Territory Indoctrinated cadres from the Jamaat were soon of Jammu and Kashmir (with a legislature) and absorbed in government institutions, particularly in the Union Territory of Ladakh (without a government schools. It was the Jamaat which legislature) brings fresh hope of normalcy settling radicalised the Muslims in J&K, especially in the into the region. The perfidious designs of Pakistan Valley. The Government banned the Jamaat-e- and their supporters within India are finally being

{8}{8} India Foundation Journal, November-December 2020 addressed, which should bring peace to the region. normalcy in the two new Union Territories. The For the moment, the efforts of the government of events over the last one year have shown great India must remain on seeing the total return to promise towards that end.

References: 1 K.S.Valdiya, Geography, People’s and Geodynamics of India in Puranas and Epics, A Geologists Interpretation, New Delhi, Aryan Books, 2012, p 33 2 Binod S Das, “The Himalayan Frontier from the Sanskrit Sources” in N.R.Ray, Editor, Himalayan Frontier in Historical Perspective, Calcutta, Institute of Historical Studies, 1986, p2. 3 K.Sadeswin, “The Himalayas in early Tamil Literature” in N.R.Ray, Editor, Himalaya Frontier in Historical Perspective, Institute of Historical Studies, Calcutta, 1986, p8. 4 EA Paemu, A History of Muslim Rule in Kashmir, 1320-1819, Chapter 3, available at https://archive.org/ stream/in.ernet.dli.2015.118667/2015.118667.A-History-Of-Muslim-Rule-In-Kashmir_djvu.txt 5 Mohammad Ashraf, Shah-i-Hamadan, the “Apostle of Kashmir”, Kashmir First, available at http:// www.kashmirfirst.com/articles/history/070520_shah-i-hamadan.htm, accessed on 2 December 2019. 6 Arjan Nath Chaku & Inder K Chaku, The Kashmir Story through the ages, Vitasta Publishing, New Delhi, p 3. 7 Suresh Chander, Kashmir a Misnomer - In the light of Amritsar Treaty, Daily Excelsior, 22/12/2019, available at https://www.dailyexcelsior.com/kashmir-a-misnomer-in-the-light-of-amritsar-treaty/. 8 Note 6, p 21-26 9 Note 6, p 27-28 10 Note 6, p 49. 11 Rohit Singh, Operations in Jammu and Kashmir, 1947-48, Scholar Warrior, Autumn 2012, available at https:/ /archive.claws.in/images/journals_doc/SW%20i-10.10.2012.150-178.pdf 12 Verghese Koithara, Crafting Peace in Kashmir through a Realist Lens, Sage, New Delhi, p 38 13 Bashir Assad, K File: The Conspiracy of Silence, Vitasta, New Delhi, p 36-39. 14 Census of India, 2011. 15 This does not include territories illegally occupied by China and Pakistan. 16 Bashir Assad, P 2-18 

India Foundation Journal, November-December 2020 {9} FOCUS

One Year after Formation of UT of J&K and UT of Ladakh: Progress, Challenges and Prospects An Interview with Shri Ram Madhav* by Aditya Raj Kaul*

Jammu & Kashmir longer supporting it. They are going about their Aditya Raj Kaul (ARK): It’s been a year daily chores like any other citizen of India. There since the abrogation of Article 370 and is absolute civic peace in the region. The new LG 35A from Jammu & Kashmir. Has the landmark is constantly engaging with different stakeholders decision really brought in any change for the and that is giving them a lot of hope and common masses on ground? encouragement. Ram Madhav (RM): Yes. A lot of changes. Had the pandemic not come in the way, the The common masses of J&K are no longer at the state would have witnessed investment inflows by mercy of the self-centred and corrupt leadership now. Also, the annual Amarnath Yatra, a major of the Valley-based parties. The UT administration, source of income for ordinary Kashmiris, would which doesn’t have any interest other than working have seen a massive rise in numbers and massive for the welfare of the people in the region, has additional income to the people in the Valley. done tremendous good work in the last 15 months. Jammu too, which always received step-motherly Governance has been decentralised by conducting treatment in the past from the Valley-based leaders, village panchayat elections and subsequently is reaping the benefits of the new administration. providing financial grants directly to the elected Overall, the singular focus of the UT administration village leadership. Job market has opened up with over development and welfare is improving the government itself announcing recruitment for living standards of the ordinary people of the state. thousands of vacant positions. Infrastructure It has introduced e-governance in a big way, projects have picked up momentum. Sports like leading to decrease in corruption in the state. football and cricket have returned to the Valley. ARK: Government had announced that Dal Lake is witnessing water sports while football abrogation of 370/35A will end discrimination against leagues and cricket tournaments are taking place Valmiki community, women from the Union Territory elsewhere in the state. and West Pakistan refugees. Has this really been While terrorism, aided and abetted by witnessed on ground in the last 14 months? Pakistan, is continuing, ordinary Kashmiris are no RM: The annulment of Article 35A has helped

*Ram Madhav is an Indian politician, author and thinker. Formerly, he has served as the National General Secretary of the Bharatiya Janata Party (BJP) and has also been a member of the National Executive of the Rashtriya Swayamsewak Sangh (RSS). He also serves as a Member of the Governing Board of India Foundation *Aditya Raj Kaul is an Independent Journalist with over a decade long experience in covering conflict, foreign policy and internal security. Kaul hails from Kashmir and was among the ACYPL Fellows of US State Department in January 2020 at Washington DC. At the age of 17, Kaul was chosen among the top 25 Youth Achievers of the country by India Today magazine in 2007. {10} India Foundation Journal, November-December 2020 in ending discriminatory citizenship laws like ‘state people of the region seem least worried about the subject’. After the promulgation of the new incarceration of the leaders. They were heard domicile laws by the Union Home Ministry, which saying that these leaders should remain behind bars did away with the discriminatory mess created by for a longer duration, although that was never the the earlier state subject regime, the state intention of the administration. People refused to administration has started actively enrolling the left come on to the streets seeking the release of these out sections of the population including the Valmikis leaders even when their near and dear ones and West Pakistan refugees as domiciles, thus attempted one or two protests. It was the paving the way for equal treatment of all in the government again, which after assessing the state. The new domicile law allows for anyone security situation, decided to set everyone free. In staying in the state for more than 15 years to claim fact, releasing of the detained leaders began three domicile in the UT. The discrimination against months after their arrest last year. women, built into the state subject law, is now In political life, detention of politicians on history. New domicile laws give full freedom to preventive grounds, is a routine thing. We women with respect to marriage. The ourselves have seen many such preventive administration has authorised tehsildars to process detentions of our leaders under different domicile requests and the e-portal too is attending circumstances. Trying to project it as an atrocity to citizenship requests. So far, several lakhs of or a violation is wrong. people have been granted domicile certificates. ARK: Major regional political parties of Jammu ARK: For several months, three former Chief & Kashmir including National Conference, People’s Ministers were under detention, a move that was Democratic Party (PDP) and People’s Conference criticised globally. Do you think this was really have come out with a People’s Alliance for Gupkar necessary? Declaration, pledging to fight for restoration of RM: The move was based, I believe, on Article 370/35A and also statehood of J&K. How certain security assessments. It was absolutely will the Government deal with these demands? necessary to ensure peace in the state so that the RM: Gupkar Declaration is a façade. ordinary Kashmiris were not put to any risk or Leaders, who are unpopular with the masses, are difficulty. You may recall that the top national trying to reinvent themselves through this political conference (NC) leaders nowadays claim that they gymnastics. They know well that the content of are not calling for any protests because that could Article 370 is not going to be restored. But they endanger the lives of the people. That means they continue to deceive the people of the Valley. In also agree that the security assessment was right the 1950s and 1960s, they deceived people talking in putting the leaders behind bars temporarily to about pre-1947 status. They subsequently started ensure the safety of the people. The leaders could talking about pre-1953 status until recently. Now have been under pressure to resort to agitations the goal post has again been shifted. It is pre-2019 after August 5, 2019, had they remained outside, status. In a way, it is a victory to PM Modi and which according to them, would have been against HM Amit Shah that the Valley leaders now agree the interest of the people. Interestingly though, the for pre-2019.

India Foundation Journal, November-December 2020 {11} It is of course true that Mehbooba Mufti, the holding elections. The number of seats in the UT leader of the PDP has once again raised the legislature has gone up from 83 to 90, excluding autonomy demand in a recent press conference. 24 seats reserved for Pakistan Occupied Jammu She also displayed the now-decommissioned J&K Kashmir (PoJK). The increase in seats state flag prominently at that press conference to necessitates delimitation before polls can be held. buttress her commitment to the separatist vision. ARK: Several social as well as political But the question of the return of Article 370 doesn’t groups have campaigned for restoration of arise because the people of Kashmir Valley, who statehood. Do you think this is a legitimate had lived under Article 370 regime for seventy demand? years and failed to see any benefits, are now happy RM: I do think that the demand for restoration with the new status. As far as the demand for of statehood is of political nature and hence the statehood is concerned, the Gupkar leaders are political parties and other social groups are well welcome to agitate for that. The Union Home within their right to demand for it. It may rather be Minister had himself said that the statehood would called ‘granting of statehood’ as the J&K UT is be restored at an appropriate time. not the same as the earlier J&K state. Demanding ARK: Delimitation has been a long- full statehood is in that sense an accepted political pending exercise in Jammu & Kashmir. BJP has issue. I don’t think even Modi government has any said it is committed to the delimitation before other idea than granting it to the UT. Question is the next elections in Jammu & Kashmir. Do you about timing. The central government is the best think delimitation will help various districts judge of that. within J&K or only certain political parties in ARK: If NC and PDP boycott polls, will the the elections? BJP be ready to contest elections in the Union The last delimitation exercise undertaken in Territory? J&K was in 1995. When the entire country RM: I am not sure if the NC and the PDP underwent delimitation in 2008, J&K refused to would really go with the boycott of polls whenever join and using the powers under now defunct Article they are held because they learnt from the local 370, declared in the Assembly that the next body elections’ experience that boycotts wouldn’t delimitation would be done only in 2026. But now, have any effect and Modi government would still under the new UT Act gazetted in October 2019, go ahead. Even in the local bodies, they had their the UT has to undergo delimitation before it can proxy candidates in most of the places while have elections to the UT Legislature. The Union officially boycotting the elections. In any case, Home Ministry has already appointed a before these parties take any such decision with Delimitation Commission headed by retired regards to their MLA aspirants, the leaders, who Supreme Court judge, Justice. Ranjana Desai. The are sitting in both the Houses of the Parliament Valley parties have refused to nominate members should first quit. I cannot speak for BJP, but I am to the Commission. The Covid pandemic has sure that the party would actively participate, delayed the commencement of the exercise. But whenever elections are held for the UT Legislature. it will soon be undertaken, paving the way for ARK: J&K Official Languages Bill has been

{12} India Foundation Journal, November-December 2020 passed recently which for the first time accomplished more or less fully and the second introduced Kashmiri as an official language partially. We must remember that the ultimate of J&K apart from four other languages. How guarantee for peace in the region is not the security do you see this preserving Kashmiri language forces, but the people. Our slogan for many and what about those who say Punjabi, Pahari decades was ‘Kashmir Hamara Hai’ – Kashmir and other languages should have been is ours. Time has come for us to declare – ‘Har recognised as well? Kashmiri Hamara Hai’ – Every Kashmiri is ours. Kashmiri is the lingua franca of the Kashmiri That emotional integration is the need of the hour people. It got systematically side-lined in the past. in which both sides have to make efforts. Restoring Kashmiri a place of pride is one of the ARK: What about the killing of political significant decisions taken by the government. activists in Kashmir? Many BJP activists and Demand for such status to a couple of other even Panches have been killed by terrorists languages can always be made and the government recently. How can you instil confidence in would take an appropriate view on that. political activists when BJP activists themselves ARK: Security apparatus claims that are not safe? terrorism and violence in the last one year has RM: Not just the BJP activists, but every drastically reduced in comparison to the years political activist and every Kashmiri should be safe. before. Do you think this reduction in violence That is the mission of the administration and the and terror is here to stay? security apparatus. A few unfortunate incidents There is marked decrease in terrorism related have happened in which some political leaders, violence in the UT in the last one year. Nobody several from BJP, have lost their lives to terrorist can claim that terrorism has fully ended in the Valley bullets. But those acts have exposed the cowardly as long as Pakistan continues with its nefarious side of the terrorists to the people of Kashmir designs. But the appetite for terror and violence is Valley. However, it is not true to say that political no longer there among the ordinary Kashmiris. activists are not safe. The terrorists are targeting That is why there is hardly any local support for some leaders of the BJP because the leaders of terrorists during counter-terror operations. The other parties are shying away from political activity. recruitments in to terror ranks have gone down If all the parties decide to resume activity on the considerably. If the administration continues its ground, the terrorists can no longer carry on with focus on employment, engagement and their murder campaign. Sadly, we see a lack of entertainment, the need for enforcement of stricter will in the Valley parties to stand up for the people. regimes would not come back. As far as the BJP cadres are concerned, their In the last one year, the people of the Valley morale has not been affected in any manner and have shown great openness to momentous changes they are continuing to work for the party and region, brought about by Delhi. It is time now for Delhi to irrespective of the risks involved in doing so. reward people back. I believe that freeing of all ARK: Separatist groups like Hurriyat and the political prisoners and restoration of 4G services JKLF have disappeared over the last one year would have a positive impact. The first has been in Kashmir from any anti-national activities. Is

India Foundation Journal, November-December 2020 {13} this because of stringent steps taken by the effective functioning only from November last year security agencies? In their absence, do you after the gazette notification of the Union think Pakistan could activate other groups and Government. In just a few months after that, the leaders including mainstream politicians? Covid crisis struck the world including India. What essentially changed in Kashmir in the Kashmir Valley too was affected by the pandemic last one year was that the people no longer support in a big way. The administration is working these outfits. That is also a reason why separatist overtime to tide over this healthcare challenge. That leaders like Geelani withdrew from those bodies. is the reason why the proposed Business Summit, These bodies are quickly becoming irrelevant to I believe, could not take place. Anyway, the region the people of the Valley because of their duplicity, is firmly on the track of development. double-tongue and dual standards. Stern actions ARK: On the external front, India did taken by the security and intelligence establishment receive a significant diplomatic support on too are responsible for the paralysis that has crept Article 370 abrogation. But the US has often into these separatist bodies. The security agencies suggested that it can mediate between India and have not only targeted the terrorists, but also their Pakistan. How do you see such an offer for overground sponsors in the Hurriyat and JKLF, mediation? their financiers and other white colour supporters. RM: ‘Thank you but no, thank you’ should be Many of them are still facing trial and languishing our response. Right from the time of the Shimla in jails. This sternness too is responsible for the erosion Agreement in 1972, India and Pakistan have of influence of these groups. More importantly, there decided to handle issues between them bilaterally appears to be a fear about Modi government’s only, and there is no scope for third party determination among the separatist groups. intervention. As far as I know, there is no change As for Pakistan, it will not leave any opportunity in India’s position on that, although Pakistan to harass and humiliate India if not bleed it. But violates this sacred principle all the time and reaches still, it is not going to be easy for that country out to the UN and its friends like China to intervene anymore as the people of Kashmir seem against India. determined to pursue a peaceful democratic path. ARK: Do you think India’s policy and ARK: A lot was said about tackling political approach towards Pakistan has drastically and bureaucratic corruption and bringing in changed after Pulwama terror attack last year development to Jammu & Kashmir. We haven’t which resulted in Balakot airstrikes? Will this seen any big political names being charged for change in how India deals with Pakistan corruption. On the other hand the Business continue, both diplomatically and militarily? Summit to revive the economy that was planned RM: I see what Modi government has done a year ago has also not seen the light of the in the last six years with respect to Pakistan as a day. Why is it so? clear doctrinal shift. Israel has a policy of RM: The UT administration is relentlessly disproportional offensive. I am not saying we are pursuing campaign against the corrupt. Nobody adopting that policy. But clearly, India has conveyed will be spared. The UT administration came into point blank to Pakistan that every misadventure

{14} India Foundation Journal, November-December 2020 would be met with sound and suffocating response. India’s policy towards Beijing. Do you think India Pakistan has now realised that terrorism against has realised that the Chinese are not friends in Modi’s India is a costly affair. In counter-terrorism the long run and have a long term expansionist framework, making terrorism a costly adventure objective in mind? is one of the important deterrents. India is now RM: There is no doubt that India has two using retaliatory action as the deterrent. difficult neighbours—China and Pakistan. We ARK: Pakistan NSA Moez Yousuf recently share close to 4000 kms of territorial boundary claimed in an interview to an Indian media group with China, which is not the official border, but that India has sent Islamabad a message to hold regarded as the Line of Actual Control (LAC). talks. Do you think it’s a move to divert attention While India and Pakistan succeeded in clearly from terrorism, economic instability and global demarcating the Line of Control between the two condemnation of human rights abuses of their countries in J&K and international border from own ethnic and religious minorities? Gujarat to Jammu, such agreement eludes India I do not have any knowledge of or access to and China even to this day. As a result, China such information. I never believe in what Pakistan repeatedly violates our LAC, claiming that they says about our leaders and the government. Every have a different perception about the same. It Indian should do the same. Pakistan is entangled happened in the past, most recent being in 2013, in severe internal problems. Imran Khan’s and it happened again this year. India understands government is facing a strong and united political China’s expansionist machinations well. ‘What I occupy is mine; and what I claim is disputed’ is opposition. The Pashtuns, the Baloch, the Shias of the untenable policy of China. Gilgit Baltistan and of late the Sindhis in Sindh are But for a change, this time, it is China which all revolting against the Pakistani Army and political was forced to understand that it is no longer facing leadership. The chickens have come home to roost. the old reticent Indian leadership that turned a blind Pakistan is facing worst ever existential crisis once eye to border violations and let it get away with again after the late 1960s and early 1970s. The impunity. China has border disputes with many Arab world has largely deserted it. International countries, most of them maritime neighbours. China sanctions like the FATF are staring at its face. For bulldozes their claims in various maritime sectors. all practical purposes it has become a vassal state For the first time, China faced stiff opposition at of China, which is the only factor that keeps the Doklam in 2017, to its policy of border nibbling country going. In order to hide its failures all around, from an assertive India. The same situation prevails the Pakistani leadership would certainly indulge in in Ladakh today. Indian forces are stiffly resisting dirty tricks. Let the country have faith in our China’s territory grabbing and challenging its leadership. doctrinal aggression. The Chinese leadership is forced to sit back and rethink. We should LADAKH compliment the Modi government for this ARK: The Chinese PLA aggression in Eastern new doctrinal approach with respect to China along Ladakh this year has brought a paradigm shift in the LAC.

India Foundation Journal, November-December 2020 {15} ARK: India did give a long rope to China several measures are being taken on the trade over the last few years from Wuhan spirit to front as well. Indo-Pacific on the other front is Chennai connect to even hosting Xi Jinping in also being strengthened through the QUAD Ahmedabad. Will this remain a forgotten grouping. Will this really make Beijing recalibrate chapter in diplomatic relations? Do you think its diplomatic positioning with India? the Dragon is playing by the rulebook of RM: There is no need to see every action of deception against India? India from China prism only. While certain strong That the Dragon plays to its Sun Tzuvian rule measures in trade like restrictions on Chinese book of deception is well appreciated by the companies and apps are directed at reducing that present leadership. While recalling Wuhan and country’s penetration into India besides advancing Chennai bonhomie, one should not forget Doklam ‘Atmanirbhar Bharat’ goals, India’s interest in the and Ladakh resistance also. Dealing with countries Indo-Pacific goes beyond targeting any one like China requires complicated strategising with country. The Indo-Pacific is the most happening protecting national interest as the bottom-line. The region in the world today. It is here that the global Indian government is handling it with dexterity. power axis got relocated in the 21st century. India ARK: In 2013, a similar transgression by is an important and big democracy in this region, the Chinese in Eastern Ladakh and other areas which is largely democratic, pluralist and led to a military and diplomatic standoff. While economically fast-growing. India’s focus on this the Indian Army was strategically ready to region is three decades old. From the IORA of the respond, the political establishment and China 1990s to the QUAD of 2020s, India’s engagement Study Group asked the Army to stand down and in the Indo-Pacific region has been, to quote from instead a consensus was reached with the Prime Minister Modi’s address at the Shangri La Chinese to move back only to be backstabbed Dialogue in 2018, “inclusive”. yet again later. Has India learned any lessons ARK: CPEC has remained a growing from the China Dream objective of Xi Jinping concern for India. New Delhi has often raised RM: It is not an occasion for blame game. objections. More recently, Pakistan lost over a History records every happening and posterity dozen of its soldiers in an attack by Baloch judges it. But the Indian response at Galwan and rebellion groups on the China Pakistan Pangong Tso this time is definitely different from Economic Corridor (CPEC) route in Southern the stand-off in 2013 in the sense that the Chinese Balochistan’s Gwadar. Do you think Pakistan- aggression is today met by the Indian side with China bonhomie is increasingly turning Pakistan equal assertion. We are acting today like a big into a Chinese colony and giving more power to country with 1.3 billion people and also a rising big Baloch and Sindhi armed rebel groups? power, not just a push over. We learnt lessons from RM: After Hong Kong and Macau, Pakistan the past and teaching some to the adversary now. has emerged as the third Special Administrative ARK: India’s response to the Chinese Region of China. Parts of it like Gilgit-Baltistan, aggression has been a multi-pronged strategy. through which the CPEC runs, have been colonised India banned over a hundred Chinese apps and by China by deploying its army units there,

{16} India Foundation Journal, November-December 2020 ostensibly to protect the corridor. Like many other condemned is the stoic silence of our Kashmiri BRI (Belt and Road Initiative) projects in so many leadership. They shout from rooftops about a non- countries, CPEC is also a project of economic existent demographic invasion in J&K, but remain colonisation of Pakistan by China. Gwadar port is mute spectators to the atrocities perpetrated against going to be a failed civilian project as no trade is their own Kashmiri brethren across the border. It expected to take place through it, but will certainly shows the duplicity and dishonesty of our Valley become China’s military asset in the Indian Ocean leadership. soon. Naturally, the Chinese face resistance from ARK: Over the last many weeks questions many groups in Pakistan like they face resistance have been asked on New Delhi’s support for to their colonising efforts in other countries. the One China policy. Indian masses came out ARK: Pakistan National Assembly recently to celebrate Dalai Lama’s birthday as well as brought in a resolution to create Gilgit Baltistan Taiwan National Day. Do you feel it is time to (GB) into a province inviting massive protests rethink India’s official stand? in Hunza demanding release of political RM: One China policy is only a convention prisoners. Is this move only to make Imran and practice. It is generally understood as a Khan’s PTI win forthcoming GB elections and reciprocal one. International relations is a domain keen locals chained to illegal occupation of that shouldn’t be mixed up with domestic politics. Pakistan Army? ARK: Back in Ladakh, many local social, RM: Gilgit Baltistan (GB) is the classic case religious and political groups have come of Pakistan’s oppressive and anti-Shia statecraft. together demanding implementation of the Sixth The only Shia majority region, which is a part of Schedule. In a way they demand local self- the Pakistan occupied Jammu Kashmir (PoJK), governance and first right to property to the has been systematically converted into a non-Shia locals of the region. There have also been majority region in the last 70 years by pushing more environmental concerns. How will you address and more people from Khyber Pakhtunkhwa (KP). these concerns? The local resistance movement has been ruthlessly RM: The core concern of many Ladakhis is crushed using army from Islamabad. The culture about protection of their land, customs, culture and and customs of the GB people are under serious livelihoods. It is a genuine concern. After the threat. With the advent of the CPEC, a new China creation of Ladakh into a Union Territory, there is dimension has also been added to the woes of the a delay in promulgating domicile laws that led to locals. Converting the hitherto centrally fears and concerns. I am sure the Union administered territory of GB into a province is a Government will quickly address the concerns of political move by Imran Khan to wrest control of the people of the region, who have all along been the region from PML-N. But what should be loyal citizens of India.

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India Foundation Journal, November-December 2020 {17} FOCUS

Decommissioning of Article 370: The Legal Perspective Shakti Munshi*

Introduction in building huts in Gulmarg region of Kashmir. hrough the Treaty of Amritsar, the British British Government openly protested this differentia- had bestowed the Kashmir Valley and tion and communicated it via a series of telegrams Tother territories on Maharaja Gulab Singh through its Foreign and Political Department. who was the ruler of the Jammu region. With the To prevent the British residents from buying merger of these territories, the Maharaja the properties in J&K for their own permanent established the state of Jammu and Kashmir. This settlement and depriving the poor local population included Ladakh and present day Gilgit Baltistan. of J&K of their land and opportunities, Maharaja The Jammu and Kashmir State thus created by Hari Singh issued the State Subject Definition the Dogra Rulers was one of the largest States Notification on 20 April 1927.4 The notification under the British paramountcy in India1. It had an classified the State Subjects as also companies area of 2,22,236 sq. km. including those areas which had been registered in the state. Vide the which are presently under the illegal occupation above notification; the Mulkis (Hereditary State of Pakistan and China2. subjects) were given preference in employment in British concern over Russian expansionism led the Government services. It also instructed that to the establishment in 1877 of the Gilgit Agency. grants of land for building and other purposes were This was re-established in 1935 under the control to go to the ‘Hereditary State subjects’ and of the British Resident in Jammu and Kashmir and permitted the selling or transferring of such land was given on lease for a period of 60 years to Hereditary State subjects only. With respect to commencing from 29 March 1935.3 Maharaja Hari contracts, it decreed that the claims of State Singh, who ascended the throne of Jammu and subjects should have priority over those of non- Kashmir in 1925, was concerned about the conduct State Subjects. It was this State Subject of certain British officials in building huts in Gulmarg Notification (1927) which the valley politicians used region of Kashmir. He had also expressed his anti post 1947 to bring in Article 35A under the British stance on several occasions, at times even protection of Article 370 of the Indian Constitution. in the meetings of the Chamber of Princes. This However they made some convenient deletions to became the main cause of contention between the suit their political agenda and maintain their political British officers and the Maharaja. To protect his control over J&K State. State from the British in the year 1925, Maharaja Hari Singh issued an order that Indian subjects Accession of J&K State to India will be given more relaxations over British subjects The instrument of Accession signed by

*Shakti Munshi is Director, C-Tech Labs, Pvt. Ltd. An entrepreneur and social activist, she is also the Secretary, Jammu Kashmir Study Centre, Mumbai. Legal inputs for this article were provided by Divya Roy, Advocate Supreme Court and Pankaj Jamtani. {18} India Foundation Journal, November-December 2020 Maharaja Hari Singh was the same as was the question open or attach conditions to it, as executed by the rulers of other princely states that the act of accession made the Dominion acceded to India. The British Government could Government responsible for defence, not have questioned this act of accession as it was communication and external affairs of the made directly under the enactments of the British acceding State”. Parliament. Further, the Legal Advisor to the United The J&K State’s Instrument of Accession and Nations Commission also concluded that the State’s its acceptance were similar to all the other Indian accession to India was legal and could not be States and was unconditional, voluntary and questioned. However, while accepting the absolute. It bound the State of Jammu & Kashmir Instrument of Accession, Lord Mountbatten, the to India both legally and constitutionally6. The then Governor General of India, did state his views accession was no doubt prompted by Pakistan’s in a letter addressed to the ruler of the State that attack on J&K on 22 October 1947. This attack, as soon as law and order was restored and J&K dubbed as Operation Gulmarg was the brainchild State is cleared of the invaders, it was his of the Pakistan military and was supported by the Government’s wish, in conformity with their policy Pakistan government. 20 lashkar’s, each in case of disputed accession, that “the question compressing of 1000 Pashtun tribals, were raised of State’s accession should be settled by a by the Pakistani army. Besides being given reference to the people”. This statement was not weapons and equipment and provided logistic a part of the Instrument of Accession; therefore it support, they were also led by officers from the does not affect the legality of the accession in Pakistan army. Indeed, the Pakistan army, with anyway.5 However it was Pandit Nehru‘s the complete backing of the ruling Pakistani statement on 2nd November 1947 about holding a dispensation, carried out the entire planning and plebiscite in J&K that opened the gates for Sheikh execution of this operation. Abdullah to further his personal ambition of being On commencement of Constitution of India ‘Sultan of J&K’ and he used Article 370 to bully and by virtue of its own language of Article 370, and manipulate the Central Government. only Article 1 and Article 370 were made applicable Mehr Chand Mahajan has said: to the State of Jammu & Kashmir. Article 1 (1) “The Indian Independence Act did not declares, “India, that is Bharat, shall be a Union of envisage the conditional accession. It could not States” Article 1 is a solemn declaration of the envisage such a situation, as it would be outside People of India that the Union of States is an the Parliament’s policy. It wanted to keep no indestructible Union of States. Therefore, no state Indian State in a state of suspense. It conferred has any power to secede from the Union. Thus on the rulers of Indian States absolute power the issue of accession of the States stands settled in their discretion to accede to either of the politically and constitutionally. two Dominions. The Dominions Governor General had the power to accept the accession India’s Complaint to the United Nations or reject the offer but he had no power to keep Despite Sardar Patel’s reservations on the

India Foundation Journal, November-December 2020 {19} subject, Pandit Nehru, under pressure from an interim arrangement is possible and not an Mountbatten and his own misplaced faith in the arrangement which could at once be brought newly established United Nations (UN), took the into line with the arrangement that exists in the Pakistani invasion to the United Nations Security case of the other States”.9 Council under Chapter V1 and Article 35 on 1 Finally the motion was passed and draft Article January 1948. The war between India and Pakistan 306A became Article 370 of the Indian Constitution was finally suspended on 1 January 1949. By then, under Part XII with its marginal heading a large part of the J&K State territory had not categorically stating, “Temporary and Transitional been liberated and still remains occupied by Provisions”. J&K Constitution was brought into Pakistan. The India-Pakistan war along with the force on 26th January 1957 and technically, J&K ‘Great Game’ played by western powers Constituent Assembly should have abrogated encouraged the ambitious Sheikh Abdullah to article 370 then, but it continued to linger on for negotiate inclusion of Article 370 in the Indian more than six decades in the main text of India’s Constitution by which he retained political power Constitution. In the later years, when members of over the State and its people and eventually led to Parliament objected to its continuation, Pt. Nehru the dynasty politics in J&K. in his Lok Sabha speech reaffirmed that Article 370 has been eroded to a large extent and Article 370 whatever has remained will erode out While revisiting the 17 October 1949 discussion automatically. “Yeh Dhara Ghiste Ghiste Ghis in the ‘Indian Constituent Assembly’ it is clear that Jaayegi”10 there was strong opposition, both by Congressmen Under Article 370, power to apply the and other party leaders to the proposal by Constitution of India to the State of Jammu & Gopalaswamy Ayyangar to include Draft Article Kashmir was granted to the President of India 306 A7 in the Constitution of India. Maulana Hasrat along with the powers of exceptions and Mohani protested against the inclusion of this Article modifications with either the concurrence or in in the main draft of the Constitution and asked consultation with the J&K State Legislative Gopalaswamy Ayyangar, “Why this discrimination, Assembly. The residuary powers under Article 248 please?”8 in contrast to the Constitutional scheme for all other Ayyangar’s reply was, “situation is not normal States (under an amendment to Article 248) were in the State of Jammu and Kashmir. A big territory granted to J&K State. This differential treatment of State is under enemy’s illegal occupation, we to the erstwhile State of J&K irked many, even are at war with Pakistan, thus in this situation State’s within the Congress party itself.11 administration should be handled in special manner. Article 370: A Constitutional Harakiri on Secondly, we are entangled in the United Nations Development, Progress and People of J&K over this issue and it can’t be said, how long it will State take to settle the situation”. He further added, “Till The Indian Constitution guarantees rule of law, a Constituent Assembly comes into being, only equal rights and equal opportunities for all its

{20} India Foundation Journal, November-December 2020 citizens. At the time of accession of over 550 declared as a part of the inalienable basic structure princely States, India was a complex multi-ethnic, of the Indian Constitution) redundant, when it came multi-lingual and multi-religious pluralistic country, to protecting a gamut of fundamental rights of the stricken with underdevelopment, mass poverty and residents of the then State of J&K. illiteracy. To help all the acceded States to address Article 35A further enacted Section 6 of the their inequalities and dissimilarities, the Indian “Constitution of J&K” to create a class of Constitution included Chapter XX1, which “permanent residents”. The category of addressed these issues of inequality through ‘Permanent Residents’ was arbitrarily frozen to concessional treatments via 25 Articles for almost the cut off year 1944, using the State Notification 15 States of India, and Article 370 is one of these No. 1-L/84 dated 20th April, 192713, read with State 25 articles for J&K State. Notification No. 13/L dated 27th June, 193214 as Though, Article 370 was inserted in Indian the justification of its existence. However, unlike Constitution as a ‘Temporary & Transitional’ these notifications, Sub-sections (1) and (2) of arrangement,12 it remained as a part of the Section 6 of the State Constitution did not Constitution for decades, and each dynast politician apparently make any provision for acquisition of in J&K misused it for gaining and retaining power status of permanent residents of the descendants in the state and for distributing largesse to their of the permanent residents of the State. cronies. The authority given to the J&K State under Article 35A led to the following: Article 370 to bring about progress and  Gender discrimination in J&K State. development for its people was used in the  Discrimination against the Valmiki establishment of an oligarchic domination over the community, Gorkhas, West Pak refugees, minorities, weaker sections and exploitation of local Border displaced people populace of the State.  No rights for non-permanent residents to Article 35A: A Constitutional Fraud and seek admission for higher education in State Challenge to Fundamental Rights Universities. It was in the year 1954 that Article 35-A was  No rights to acquire and hold even a limited inserted in the Constitution of India, as applicable immovable property to built a home for own to the State of Jammu & Kashmir, through the shelter under Article 19(1)(e) read with Constitution Order 1954, along with a slew of other 19(1) (f) by non permanent resident provisions of the Indian Constitution. The addition  No right to be considered for employment of 35A in Part III of the Indian Constitution dealing by non permanent residents in the State with Fundamental Rights of citizens and individuals, Services or State Instrumentalities circumvented Article 13 of the Indian Constitution, guaranteed under Article 14 and 16 which declares any law inconsistent with or in  No right to purchase and acquire limited derogation of the fundamental rights to be void. property to start a small business for non This rendered the most sacrosanct feature of permanent residents ‘Judicial Review’ (which subsequently has been  Denial of remedy of judicial review under

India Foundation Journal, November-December 2020 {21} Article 35A violated the right to life and legislature of J&K threw the scheme of these liberty guaranteed under Article 21 read Articles to the wind. with Article 32 of the Constitution of India Article 370 gave the President the power to for two generations of the above mentioned take the Indian Constitution to J&K with Indian citizens living in J&K. modification and exceptions but no way does it  There was no ST reservation and the SC give the President the power to amend or interfere reserved seats were not rotated as was with the Basic structure of the Indian Constitution. required under the law. Also, when the President passes an ordinance, then Accordingly, with the abrogation of Article under Article 123 of Indian Constitution, it has to 35A, the following benefits accrued automatically be ratified by the parliament within 6 weeks, once to the aggrieved population: the Parliament sits /starts which was not done in  The Right of Equality and equal protection case of Article 35A. of law under Article 14 for all domiciles of Union Territory J&K Impact  Right to opportunity for higher education in Seventy years of mis-governance, corruption, the State funded institutes under Article 14 terrorism, youth taking to drugs and the gun-toting and article 15 for all domiciles of Union culture, genocide of the Kashmiri Hindus, the Territory J&K human rights violation of Valmikis, gender  Right of employment in the State Services discrimination and security threat to the region and and Public Sector Institutions under Article rest of the country, finally forced the Government 16 for all domiciles of Union Territory J&K of India in August 2019 to take a major step in the  Right to reside and settle in any part of India National interest of decommissioning Article 370, (right to shelter) under Article 19(1)(e) and following due legal and constitutional process. After  Right to life under Article 21 (are the human this Constitutional Order 2019, all the provisions rights conferred under a constitutional of Indian Constitution as well as the amendments scheme, by the people of India upon are now applicable to both the Union Territory of themselves, for the proper development as J&K and the Union Territory of Ladakh. a human being) The Hon’ble President of India, vide All the above such rights are held to be part of Constitutional Orders 272 and 273 made on 5 and Basic Structure of the Indian Constitution. The 6 August 2019 respectively, ended this gross J&K State also used ancestry as a racial definition imbalance of guarantees of fundamental rights and for racial purpose and emphasised the explicit among the residents of Union Territory of J&K tie to race. The ancestral enquiry of the citizens is and the Union Territory of Ladakh. Article 13 was forbidden under Articles 14 and 15(1) for the effectively brought back to life in both these Unions further reasons that using racial classification is in all its glory and sanctity. Moreover, the entire corruptive of the whole legal order Part III seeks Constitution of India was made applicable to the to preserve, but Section 6 enacted by the State previously existing State of Jammu & Kashmir and

{22} India Foundation Journal, November-December 2020 all its residents, whether or not falling into the express power to the President to decommission ‘Permanent Residents’ category, were handed over Article 370, and the absence of this phrase in the power to exercise all the fundamental rights in Article 370 would have been an inherent limitation Part III of the Indian Constitution, which citizens to do so. There is also a view that the in rest of the Country could exercise. decommissioning of Article 370 under Presidential Interestingly, the upheld precedence set in 1965, Order 2019 is in conflict with the basic Structure invoked Article 370 to make itself inoperative. of the Indian Constitution. Others opine to the Subsequently, a resolution was also presented for contrary and argue that article 370 itself created Reorganisation of State of Jammu & Kashmir. exception to Fundamental Rights of Indians both Ladakh was made a separate Union Territory inside the State of J&K and in the rest of the without a legislature while the Jammu and Kashmir country and now Presidential Order 2019 has given was made a Union Territory with a legislature. full play to Fundamental Rights in Jammu & There are opinions favouring and against the Kashmir thus strengthening the basic structure of procedures followed, for the Reorganisation of the the Indian Constitution. There are also arguments State of Jammu & Kashmir, and also for that views of the people through their decommissioning of Article 370. Some constitutional representatives were not considered due to the experts, rather than debating the legality of the absence of the J&K State Legislative Assembly. Government’s move are trying to trace the political But the counter argument is that even if the views motive behind it. However other constitutional legal were taken, the Government was not bound by experts are of the opinion that the legal and those views. constitutional procedures were followed. When 370 was being framed in its sub article One of the objections to the Decommission of (3), the framers of the Indian Constitution used Article 370 is the absence of the Constituent Assembly the word ‘cease to operate’ thus contemplating a (CA) in J&K. The counter argument is that absence situation that it could be decommissioned or of CA can be interpreted in three ways: abrogated without amending the Indian  Absence of CA means 370 sub clause 3 Constitution. The argument in favour of the itself becomes defunct procedure of using 370 Clause 1(d) provisions to  Absence CA the proviso becomes defunct de-operationalise Article 370 itself (through Article  Absence CA can be construed as its 367 which is about definitions and interpretations) successor. is that there is an Upheld Precedence to it as Legal experts are of the opinion that if Article the same route was followed in 1965 to replace 370 had gone to the extent of stating that in the Sadr-e-Riyasat with Governor & Wazir-e-Azam absence of the Constituent Assembly, the proviso with Chief Minister. renders the whole provision defunct; only then could the decommissioning not be possible. Other Conclusion experts argue that the words ‘President may by 5 August 2020 marked the first Anniversary notification cease / modify Article 370’ gives the of Decommissioning of Article 370 and

India Foundation Journal, November-December 2020 {23} Reorganisation of the State of Jammu & Kashmir backward populace of the region, and bringing into two Union Territories—the Union Territory them at par with the rest of the citizens all over of Jammu & Kashmir and Union Territory of the India. After the amendment of Article 370, Ladakh. The two Constitutional orders ended the Union Territory of Jammu & Kashmir and the constitutional isolation of the northernmost State Union Territory of Ladakh fully come under the of India and also put an end to the shameful, umbrella of Indian Constitution with the expectation discriminatory and undemocratic policies and that the long delayed peace and development will practices in that region, securing the rights and now take precedence over terrorism and privileges denied to the economically and socially radicalisation in the region.

References: 1 A Handbook of Jammu and Kashmir State 1 (The Ranbir Government Press, Jammu, 3rd Edition, 1947). 2 Majid Hussain, Geography of Jammu and Kashmir 3 (Rajesh Publication, New Delhi, 1987). 3 Arjan Nath Chaku & Inder K Chaku, The Kashmir Story through the ages, Vitasta Publishing, New Delhi, p 27-28 4 A copy of the notification is available at https://www.satp.org/satporgtp/countries/india/states/jandk/ documents/actsandordinances/State_Subject_Rules.htm 5 Adarsh Sein Anand, “Accession of Jammu and Kashmir State - Historical and Legal Perspectives”, Journal of the Indian Law Institute, October-December 2001, Volume 43, Number 4, available at http:// 14.139. 60.114:8080/jspui/bitstream/123456789/12505/1/012_Accession%20of%20Jammu%20and%20Kashmir% 20State%20-%20Historical%20and%20Legal%20Prespectives%20%28455-468%29.pdf 6 A.S. Anand, Constitution of Jammu & Kashmir - Its Development & Comments 66 (Universal Publishing, 8th edn., 2016) 7 Draft Article 306A later renumbered as Article 370 when Constitution of India was finally drafted. Article 370 (before 2019 amendment) states: “370. Temporary provisions with respect to the State of Jammu and Kashmir (1) Notwithstanding anything contained in this Constitution,— (a) the provisions of Article 238 shall not apply now in relation to the state of Jammu and Kashmir;[a] 8 Constituent Assembly Debates, 17 October 1949 9 Constituent Assembly Debates, 17 October 1949 10 Pt. Nehru in his Lok Sabha Speech on “Closer Integration of Jammu and Kashmir with India” in the year 1963 11 M.S. Ratnaparkhi, Kashmir Problem and its Solution, 77 (Atlantic Publishers, Delhi, 2011) 12 Marginal note of Art. 370 under Part XXI of COI. 13 Jammu and Kashmir Permanent Residents (Disqualification) Bill, 2004 as Unconstitutional by Justice G.D. Sharma (2004) 6 SCC (Jour) 23. 14 Justice G. D. Sharma, Supra note 8 

{24} India Foundation Journal, November-December 2020 FOCUS Ladakh without Article 370 P. Stobdan*

A year down the line, Ladakh without For the BJP, it was also about fulfilling its long- Article 370 looks fully empowered promised political agenda. It meant ending the reign t has been one year now, since Ladakh became of terror, death, destruction, loot and rape being a Union Territory (UT) and it is time to reflect perpetuated in the Valley since 1948. As it is, history Ion what this means for the region. Certainly, has often been unkind to Kashmir. The people were August 5, 2019, the day of the abrogation of Article killed like “insects in the fire” by Turkic warriors. 370 and Article 35A was a watershed moment— The Mughals did nothing except build gardens of joy popularly dubbed as “historical blunder being in the Valley. The Afghans let loose a reign of terror, corrected in one stroke,” and a new “tryst with murder, loot and rape during their 67 years’ rule. destiny”. It was the day when all the intricate and Abrogation of Article 370 meant rationalising difficult knots that strangulated J&K for decades the territorial reality of J&K. The fact was that 82 stood untied. It was also the day when the state percent of J&K was neither Jammu, nor Kashmir; was split and formed into two Union Territories it was Ladakh and Gilgit-Baltistan. It was a flawed (UT)—The UT of Ladakh and the UT of Jammu arrangement where 15 percent people ruled the & Kashmir. Both came into existence on rest of 85 percent population of the state. The 31 October 2019. removal of Article 370 also meant changing the Abrogation of Article 370 was the best political Kashmir narrative, its duplicitous political culture exposition of the BJP led NDA government so of intrigue and blackmail, perpetually played and far—a bid to bring Kashmir out of the vortex of exploited by a few corrupt Kashmiri elite. It meant terror and to fully integrate it with the rest of the busting the deep nexus between local political country. Of course, credit must be given where structures and Pakistani agencies. The separatist credit is due. It received the widest political kingpin Syed Ali Shah Geelani and his Pakistani endorsement in the country. The cynics obviously network of agents are almost dismantled. It means cried foul—ranging from the killing of a democratic reenactment of Kashmir’s dignity, removing polity, recommitting a historical blunder, a betrayal, distrust, restoring stability, removing its to a sinister ploy to alter Kashmir’s demography, backwardness and inequality. It is about making a and so on and so forth. But it was a monumental step taken by the Modi government. In one stroke, million aspirations and opportunities. it removed all the ills of Kashmir misfortune, A year down the line, J&K and Ladakh without boosted national domestic confidence, struck a Article 370 is peaceful. All the prophecies of a deadly blow to Pakistan’s ‘bleeding India’ game doomsday scenario, bloodbath and violence haven’t and even called out China’s bluff. come true. Sporadic terrorist incidents do take

*P. Stobdan is former Indian ambassador to Kyrgyzstan and founder of the Ladakh International Centre. He is on the Advisory Council of Oxus Society for Central Asian Affairs. India Foundation Journal, November-December 2020 {25} place, but separatist rhetoric is down. External its achievements so far before grasping new detractors were amazed and started resorting to opportunities. Clearly, a year down the line, Article internationalising the issue. China has even 370 is already history and it no longer appears to hurriedly plotted military aggression in Ladakh over be existing in people’s consciousness or in their the change in Kashmir status. It is too early to daily conversation — except that it still lingers in assess the reality on the ground, but changes are the minds of political brokers and blackmailers. afoot in Kashmir. As the UTs of Ladakh and J&K start on their Empowering the Region: new journey, there are obviously the initial hiccups The Ladakh Viewpoint and teething problems of transition. The new UT The abrogation of Article 370 and bifurcation administration seems to be facing monumental tasks of J&K was a dream come true for the people of in rebuilding a region that was hopelessly Ladakh as they had been struggling for UT status backward as a result of chaos created by since 1947. It was a watershed moment for Ladakh separatists. Industry was non-existent, and the to have its long history of coercion and state was living on subsidies and loan waivers. In discrimination under J&K, corrected in one stroke. fact, the entire re-organisation, restructuring and It meant restoration of the identity and dignity of overhauling of the entire legal and administrative Ladakh as a formidable Western Himalayan region framework must have been a mammoth task. of India, like Sikkim and Arunachal Pradesh. Implementing the bifurcation and splitting the state Since independence, the people of Ladakh have administration, its employees, assets and finance persistently resisted being a part of the unitary into two Union Territories would have been quite framework of J&K. But Jawaharlal Nehru refused an effort. And there were problems of legal to heed to the Ladakhi demand and left the people procedures to be streamlined. of the region to the mercy of Kashmiris, despite Fixing the old issues riddled with inherent its territorial incompatibility. Nehru’s decision was contradictions is not easy, especially when it is no based on his own wistful familial links with the longer about viewing J&K only through the prism Valley that not only undercut Ladakh’s interests of the Valley. Finding ways to smoothen them but also the interests of the nation in several would take time. However, the two UT poignant ways. administrations are now gearing up to implement For the past seven decades, Ladakh was big-ticket economic projects, ramping up virtually kept hostage to the likes of J&K, its infrastructure, investment and employment issues. instability, and to the mercy of the leadership in In a big jump, the Centre allocated a separate fund the Valley, where the Abdullah’s and Mufti’s held of Rs 30,757 crore for J&K and Rs 5,958 crore sway but had no emotional links whatsoever with for Ladakh for fiscal 2020-21.1 While the nation Ladakh. The region remained neglected and waits for greater triumphs and achievements in exploited, despite its strategic importance and the future, the government would be celebrating contribution of its people to the country’s defence.

{26} India Foundation Journal, November-December 2020 Josef Korbel (then UN staff representative in Singhal (1998) etc. The most convenient alibi cited Kashmir and father of former US Secretary of for denying justice to Ladakh was its demographic State Madeleine Albright) in his book “Danger deficiency. This flawed thinking led to Ladakh’s Kashmir” (1951) detailed how Sheikh Abdullah economic potentials not just being unrealised, but fully exploited Kushok Bakula’s political ignorance sadly, not even thought of. Nothing was done to and tricked the Lamas to surrender while harness the colossal Indus water resources of frightening them of the threats coming from the Zanskar, Suru, Dras and Shyok tributaries, the Soviets and Chinese to their religion. Despite waters of which only benefited Pakistani farmers Kashmir’s dire record of tricks and mischief, Nehru in Punjab and Sind. Only 5 percent of Ladakh’s and others continued to appease the Valley. In the arid land was irrigated. Article 370 impeded outside late 1970s, Sheikh Abdullah even launched a investments and tourism, the only viable source of nefarious “Greater Kashmir” concept to obliterate income for the locals remained hostage to instability the identity of Ladakh. Now, with the UT status in the Valley. Poor connectivity, in any case, limited of Ladakh, the political marginalisation, neglect the flow of tourists to Ladakh. Poor connectivity and apathy to which the people of the region were also meant that Ladakh remained isolated; its vast subjected, stands addressed. borderland with scant population was left vulnerable Article 370 had allowed the Valley leadership to encroachment by external adversaries. The to apply their well-known ploys while exploiting Kashmir-centric government displayed myopic the simplicity and fragility of Ladakh, played on leadership when it came to issues that concerned the local fault-lines i.e., splintering Ladakh along Ladakh, and they failed to check both China and communal lines (Kargil versus Leh), pitting Pakistan from eating into the state’s territory. Over Muslims against Buddhists, causing dissension and 55 percent of the state’s 222,236 sq. km remain factionalism within the Buddhists and Muslims, occupied either by China or Pakistan. skilfully crushing people’s aspiration by assiduously New Delhi’s tagging of Ladakh to J&K also co-opting ambitious local leaders into the Darbar underscored its lack of strategic clarity. The fact in Srinagar. Therefore, politically, the August 5 remains that the constitutional arrangement sought development meant reversal of Nehru’s policy that for J&K under Article 370 and Article 35A had supplemented Ladakh to Kashmir. essentially contained the seeds needed for India’s Article 370 also kept Ladakh backward and own destruction. The cumulative impact of those impeded its development. Despite its accounting missteps has been getting clearer by the day. for almost 60 percent of State’s territorial size, it Ladakh is critical for India’s national security as suffered blatant economic and administrative without Ladakh, China’s People’s Liberation Army discriminations. The disparity and discrimination (PLA) would be sitting on the southern foothills of against Ladakh find mention in several State the Himalayas. It has hurt India’s strategic interests Commission Reports such as the Gajendragadkar to have ignored Ladakh thus far, even failing to (1967-68), Sikri (1979-80), Wazir (1982-83), and underpin its strategic value for India to gain direct

India Foundation Journal, November-December 2020 {27} access to the Tarim Basin and the Tibetan Plateau. Problems of Transition It has cost the nation heavily, while keeping such a UT was a long-time demand of Ladakh, vast strategic frontier area in the hands of predating even the Telangana movement, but no separatist-oriented Valley leadership. government at the Centre heeded to Ladakhi cause. Now, with Ladakh finally getting UT status, Strategic Imperatives the people are upbeat and their confidence stands Reordering J&K was not so much a choice boosted. The decision has struck a deadly blow to as it was a strategic imperative. The Chinese Pakistan and has also called out China’s bluff, forays into Gilgit-Baltistan, albeit under the China– which has for long been eying Ladakh’s abundant Pakistan Economic Corridor (CPEC) pretext, may land. As Ladakh celebrates the first anniversary not be without its historical claim over the region of its separation from J&K, the people are jubilant. since the Tang Dynasty. China’s eventual control But there will be the inevitable teething problems over Pakistan occupied Kashmir (POK) would of transition, and changes are afoot to address them have had immediate consequences for Ladakh. despite multiple constraints. Some of the major Ladakh’s unique geographical location should now challenges of transition are: offer the country a huge counter-offensive  This vast high-altitude region was hopelessly potential in terms of leveraging connectivity to the left behind due to long years of neglect. Eurasian region and to China. In any case, India Industry here is non-existent and people lived needed to blunt the CPEC and to counter the on subsistence farming and government Chinese Belt and Road Initiative (BRI). Therefore, subsidies. it was essential to alter existing equations and  The reorganisation of the State since provide growing opportunities for uplifting the October 2019 seemed to have taken Western Himalayan region of Ladakh in terms of enormous time to complete. The State integrating it with the national mainstream, bifurcation process involved an arduous task promoting sustainable economy and tourism, of dividing employees, assets from finance besides environmental protection was paramount. to buildings between the two UTs. And, The myth of J&K as a unitary state had also there were problems of legal procedures to long outlived its historical inviolability. It was never be streamlined. a functional state and has cost the country dearly.  The formation of UT was followed by a In any case, with Kashmir having bogged down in long spell of harsh winter. Before it receded, separatist mode, Ladakh risked sliding into disarray the Covid-19 outbreak and prolonged amid simmering anger among the people. The lockdown played a sure spoilsport to start situation had become untenable in the post-Burhan any development activity. Wani incident in July 2016 due to pro-azadi protests,  The challenge now, is to put in place an hartals and shutdowns, which spread to other parts effective administration in this climatically of the state. most hostile region. For example,

{28} India Foundation Journal, November-December 2020 arrangement of staffing and logistic seems  18 satellite phones were placed in different a nightmare. Very few officials and areas which get cut off during winters to professional seem to be opting for postings ensure communication for evacuation of in Ladakh despite impressive packages of patients and availability of essential supplies. salaries and allowances offered by the  The Leh-Srinagar Highway (Zojila-pass) government. As an interim measure some was opened on 11 April by BRO, almost 118 officials from J&K have been brought one month before the normal time, giving on deputation to Ladakh to fill up the staff great relief to the people. Similarly, Manali- shortages. Leh Highway was opened on 18 May by As Ladakh remains cut off from the rest of BRO one month ahead of schedule. the country for five to six months, fulfilling the basic  Early opening of internal roads viz. Khaltsi- needs of the people is never an easy task. In an Lingshed, Kargil-Padum (Zanskar) etc. interview given on the first anniversary of UT was ensured. status, Shri RK Mathur, the Lieutenant Governor The LG further added that Covid-19 also of Ladakh, said that the new UT administration severely impacted Ladakh, forcing the had a daunting task during the winter months, but administration to devote substantial energy to tackle it resolutely addressed the challenges as under:2 the pandemic. Two dedicate hospitals were set up  Steady power supply was maintained and and two RT-PCR machines were installed to from February 2020, 24×7 power supply has increase testing. In addition, the administration had been ensured. DG set (58) availability in ensured that the repatriation process of the people remote unconnected areas was increased of Ladakh after unlocking was seamless and quick by about 6 to 8 hrs per day. and they are now working to contain the spread of  Large no of additional water tankers were arranged to give the best ever drinking water the pandemic, while simultaneously taking up supply of about 3.5 lac litres per day during development activities. winters. Achievements of UT Ladakh  With the help of Indian Air Force, 415 MT of fresh vegetables and essential All Central Laws along with the required commodities were airlifted. modifications and amendments are being aligned  A total of 2125 passengers and patients for UT Ladakh in order to ensure its smooth were moved in and out of Ladakh, primarily transition. The immediate challenge for the from Kargil, by the IAF during the Corona administration was to create a new administrative lockdown period as well as winters. structure in Ladakh. This include UT Adminis-  About 1000 pilgrims who had gone to Iran/ tration, a new Revenue Division, two Ladakh Iraq and were stranded there due to Autonomous Hill Development Councils lockdown were brought back with the help (LAHDC) with substantially increased powers of Govt. of India. (through an amendment originally done by J&K

India Foundation Journal, November-December 2020 {29} government and subsequently approved by the Empowering Blocks & Panchayats Parliament), and Panchayati Raj institutions at In a major step towards empowering local self- block and village levels. The challenge was to bring government, the Administration of the UT ordered in synergy between these institutions so that they enhancement of monthly honorarium of work harmoniously. Measures initiated to make Sarpanch(s) and fixation of monthly honorarium the administrative structure more effective pertain and allowances for the newly elected Chairpersons to empowering the LAHDCs, Empowering Blocks of Block Development Councils. Training capsules & Panchayats and through Development Drive/ were also conducted for the Sarpanches, BDOs Initiatives. These are discussed below: and MIS operators of Leh district regarding online Empowering LAHDCs payment systems and training programme for newly elected chairpersons of BDC was organised LAHDC Act and its 2018 amendments was at National Institute of Rural Development at ratified by Parliament and continued. The Councils Hyderabad. have executive powers over subjects such as science & technology, promotion and development Administration of UT of traditional Amchi System of Medicine, food, civil supplies and public distribution, rural development Major administrative decisions and and power development etc. The post of Deputy developmental initiatives encompassing a wide Chairman was also created to be elected by its range of administrative activities such as licensing, elected members from amongst themselves. regulation of real estate, census, wildlife, etc were LAHDC in Leh and Kargil have been allocated constituted and notified. Proposal for constitution highest ever budget of Rs. 232.41 crore each. In of Ladakh Administrative Service, Ladakh Police addition, funds amounting to Rs 2.5 crore to (Gazetted) Service, Ladakh Forest (Gazetted) LAHDC Leh and Rs 3.5 crore to LAHDC Kargil Service have been finalised and 154 State Laws were placed at their disposal for evacuation of and 44 Central laws have been examined in detail stranded people during the corona lockdown period. and proposals for their adaptation have been sent The LAHDCs were authorised to identify to MHA. Ladakh Police has been separated from beneficiaries under various schemes outside the the erstwhile J&K police and has started District Plan, fill up vacant posts of Block Develop- functioning independently. Structural changes are ment Officers and also of technical staff of their also being carried out by the UT in industries, engineering departments. A total of 188 engineers power sector, tourism, and police departments. were outsourced and placed at the disposal of executing agencies of LAHDCs. The Assistant Development Initiatives Commissioners Development and Block Develop- and Achievement ment Officers of Rural Development Department Ladakh is no longer an ignored region. In a have also been empowered to call tenders. big jump, the Centre has allocated highest-ever

{30} India Foundation Journal, November-December 2020 budgetary allocation of Rs. 5,154 crores during existing and newly sanctioned beneficiaries under 2019-20, followed by an allocation of Rs. 5,958 NSAP. Under the Prime Minister Garib Kalyan crores in 2020-21. In addition, the highest-ever non- Anna Yojna (PMGKAY), a total of 2158.41 MT lapsable budgetary allocation of Rs. 232.41 crore Rice and 87.65 MT Pulses were distributed. In each has been made to the Hill Councils of Leh addition, 950 quintals of rice have been distributed and Kargil. as dry ration under mid-day meal scheme to As per the Jammu and Kashmir Reorgani- students during lockdown period. Implementation sation Act, 2019, the Government of India has of ‘Atmanirbhar Bharat’ package has also started, announced a Special Development Package of and 786 MSME units have been sanctioned Rs. about Rs. 50,000 crores. According to the LG, the 25.4 crores of subsidised bank loans. UT of Ladakh has submitted its proposals for The list of achievements is long. Administration inclusion under Special Development Package. is now gearing up to launch a slew of development They focus primarily on development of projects including those lying in limbo for decades. infrastructure i.e. Health care facilities, roads, The Centre has made an allocation of Rs 80.69 tunnels, transmission lines, higher education crore for public works, Rs 54.07 crore for power, institutions and economic activities etc. Effective Rs 47.50 crore for tourism sector and Rs 52 crore implementation of this package is expected to give for civil aviation among others. There are other a major boost to the prosperity of UT key sectors which are getting a makeover to The new UT administration seems now fully smoothen the transition. For the first year since gearing up to implement the big-ticket economic transition, these are important milestones that call projects, ramping up infrastructure, investment and for celebration. addressing the employment issues, with the active support of the Centre. The Prime Minister has Future Prospects given an important direction for development, In the years ahead UT Ladakh has to explore namely vision of Ladakh as a Carbon Neutral UT. its economic potentials. Ladakh has vast vacant In line with this vision, the UT is working with the arid land. Leh district alone has 45,167 hectare of Central Government on a number of initiatives in reporting area, out of which only 10,614 hectares the fields of health care, traditional medicine, (23%) is being brought under cultivation. The education, skilling, tourism, infrastructure government has allocated Rs 83.38 crore this year development, development of indigenous industries for rural development. This should enable the in the agro sector, setting up polycarbonate green administration to bring more areas under houses and a host of other schemes. agriculture. The UT administration’s initiatives have already The region has colossal water resources that seen great progress. Rs. 1000 per beneficiary as can be harnessed for agriculture and power ex-gratia under Pradhan Mantri Garib Kalyan generation. The Indus water resources of Zanskar, Yojana (PMGKY) has been disbursed to 6625 Suru, Dras, Shyok, Galwan, Chip-Chap, Chang-

India Foundation Journal, November-December 2020 {31} Chemo and other tributaries — thus far benefited tension has had a negative impact on Ladakh’s only by Pakistani farmers in Punjab and Sind. tourism industry. Ladakh need not opt for the industrial path. Its Tourism remains unpredictable, conditioned to varied agro-climatic conditions should open up the security environment. The uncontrolled flow prospects for horticulture and floriculture industries, of visitors also hasn’t proved sustainable due to to grow organic apple, apricot and pear, walnuts, the fragile ecosystem. However, the Ladakh almond, grapes and temperate vine fruits. Ladakh Tourism Department has been allocated a budget is known for its organic vegetables due to high of Rs. 247 crores for the financial year 2020-21 alluvial soil availability. Investors should jump for under the Special Development Package of UT commercial farming of high-value items like Ladakh. Besides, the Centre has approved Rs 52 lavender, saffron and vine fruits. crore for developing the airport terminal in Leh. The region’s myriad medicinal herbs can be The administration seems all set revive the opened for both grinding and extraction. The fruit tourism industry once things start to normalise in residue of sea-buckthorn, rich in protein and amino the aftermath of the pandemic. Under Atma acids, is known for making juice. Prospects are Nirbhar Bharat Package announced by high for setting up mineral water plants, anti-ageing, Government of India, the administration is antioxidant drinks plants. Of course, fixing the old encouraging all hotels and other services industries issues of environmental and legal challenges is to register as MSMEs. This has already assisted never easy. Finding ways to smoothen them would many of the worst affected to get moratorium and take time. subsidised additional loans. Leh district has 1.2 lakh livestock population The UT administration is also exploring other and over 35,000 Pashmina goats and sheep. options besides tourism. It is working on Nomadic farming could be expanded. Better strengthening alternative livelihoods especially in technological intervention could make the local agriculture and allied sectors that can make Ladakh wool and woven fabric a world-class product. self-sustainable, revitalising Ladakh’s traditional Boosting tourism could be a way forward to wisdom and practices related to agriculture, tapping improve the local cash economy. According to the the latent potential of sectors such horticulture, as administration, tourism has made a significant well as medicinal and aromatic plants and bolster contribution to Ladakh’s economy with a turnover them with technological interventions. Focus is also of nearly Rs. 600 crore that benefits about 70 being laid on developing animal resources, percent of Ladakh’s population. Tourist figures particularly pashmina goats. The intention is to initially went up from a meagre 527 in 1974 to develop the full value chain, from the harvesting 3.27 lakh in 2018. But in 2019, a slide of over 50 of pashmina wool to the sale of pashmina products. percent in flow was witnessed. Like Kashmir, Ladakh too lost its tourism season this year. The Industrialising Ladakh COVID-19 pandemic and the Indo-China border The government is planning industrialising

{32} India Foundation Journal, November-December 2020 Ladakh in the renewable energy sector. According will transmit power from Pang in Ladakh to Kaithal to the National Institute of Wind Energy (NIWE), in Haryana. In fact, the Ministry is envisaging Ladakh’s wind power potential is immense at promoting a combination of solar and wind plants 100,000 megawatts (Mw). According to NIWE, in Ladakh that would optimise the transmission Ladakh’s temporal variation holds an estimated system. The solar power project is to be executed potential of 5,311 Megawatt at a hub height of 50 by SECI. Bid submission for the project is meters. For example, at this height the wind speeds underway and site visits for the prospective bidders measured between 3.12 metre per second (Diskit have been conducted. site) to 6.60 mps (Chushul site). The potential goes The next focus should be on exploiting up to 100,000 Mw at a height of 120 meters. A Ladakh’s huge hydro-power potentials within the high-level meeting was held in Leh in December provisions of the Indus Water Treaty (IWT). Of 2019 that was attended by the Ministry of New the 1,000-MW power potential identified, very little and Renewable Energy, the Army, the Border has been exploited so far. Roads Organisation, the Ladakh Renewable Energy Development Agency and the National Connecting Ladakh Institute of Wind Energy (NIWE). Due to high altitude terrain climatic condition A study of the NIWE suggests that region holds the road and communication connectivity always tremendous promise for setting up commercial remains a challenge in Ladakh. Recently, the Prime scale wind energy projects.3 The Ministry of New Minister inaugurated the ultra-modern 9.02 km long and Renewable Energy (MNRE) is exploring the Atal Tunnel at Rohtang Pass, which provides all possibilities of setting up Wind Power projects in weather connectivity from Manali in Himachal Ladakh including setting up of wind masts for Pradesh to Leh and reduces travel time by about validation of wind resource and other issues.4 The five hours.5 The tunnel will spur economic activities potential areas of setting up wind masts are found of Ladakh, especially boost tourism and strengthen in Chushul (Eastern Ladakh), Nubra and in Kargil. India’s border infrastructure. The Ministry is soon expected to invite the wind After Rohtang, the government is focusing on industry to put up wind farms in Ladakh. building a 13.5 km-long tunnel at Shinku La that will provide the shortest, safer and the third Wind Solar Hybrid Industry alternative corridor to connect Ladakh with rest Ladakh has extremely high solar potential as of the country. This is necessary because after well. Because of the clear air and more albedo, Rohtang Pass the 475 – km-long Manali-Leh roads the potentials for power generation from solar plants gets further blocked by Shinku La and three other is tremendous. The government has announced a passes. The alternative third connectivity is to build mega protect of Rs 50,000 crore grid-connected a road from Keylong to Leh via Darcha in Zanskar solar photo-voltaic project to harness 7,500 MW Valley – a distance of some 170 km from Manali. of solar power. The proposed transmission corridor From Darcha, the road will have to cut across the

India Foundation Journal, November-December 2020 {33} Shinku La to reach Padum in Zanskar to move Ladakh as well. The key issues pertain to further towards Leh. This 444-km long Manali- environmental protection, developmental Darcha-Padum-Nimmu-Leh road has been challenges, identity, land and job protection. The identified as the third strategic alternative to Ladakh expectation was that Ladakh will be covered under in wake of the threat from Pakistan and China. the 6th Schedule, as applied to other ‘tribal areas’ The BRO is now studying the feasibility of in the Northeast. But that would have pushed constructing a tunnel beneath the 13.5-km-long Ladakh towards further isolation and snow avalanche-prone Shinku La that will reduce underdevelopment. But the local population does fear the distance between Manali and Leh. A team led getting marginalised, if outsiders seeking opportunities by the Managing Director (MD) of National move into this peaceful Himalayan region. People Highway and Infrastructure Development are also fearful of losing jobs to outsiders. Corporation limited (NHIDCL) has just visited Against this anxiety, some Ladakhi veteran Zanskar to inspect the progress of Shinku La tunnel leaders, on the eve of the first anniversary of the work. The double lane road is under construction UT formation, have launched a People’s and likely to be completed by 2023.6 This is top Movement for the 6th Schedule for Ladakh. A priority of the government and the construction delegation of its apex body recently met Home will be completed on a war footing. On completion Minister Amit Shah and put forward their demand of the Shinku La tunnel, the Manali-Kargil highway for constitutional safeguards to protect their land, will remain open throughout the year, the Ministry jobs and culture. How such safeguards will of Road Transport and Highways said in a materialise, remains to be seen. statement last week.7 Another blockbuster Linked to this is the contentious issue of the connectivity project is the construction of a 14.15- status of the pre-existing governance body, the km bi-directional tunnel across Zoji-la that will Ladakh Autonomous Hill Development Council provide all-year connectivity between Leh and (LAHDC)-Kargil and LAHDC-Leh that Srinagar. The Centre has already envisaged a plan functioned as a legislative body with financial to connect Leh by rail. The 498-km line from powers to micromanage local planning. Even Bilaspur to Leh via Manali is expected to cost Rs though the roles and powers of the two LAHDCs 22,831 crore. are clearly defined by law and leave no ambiguity, a clarification is needed with respect to their More Aspirations – functioning and business rules under the new UT th Demand for 6 Schedule system. The polls for the council in Leh are due in A year down the line, Article 370 and October 2020. association with J&K has already become a history in Ladakh. But now there are apprehension about Conclusion the UT status coming without legal safeguards. The division of J&K was a political necessity Like in J&K, protection is an emotive issue in because the status-quo had become untenable and

{34} India Foundation Journal, November-December 2020 was against the democratic aspirations of the empowered in every sense of its polity and economic people. Addressing the Ladakh issue therefore was development. In fact, the UT administration, it seems to be taken purely on strategic consideration already has a draft vision document titled ‘Ladakh especially for laying the platform for long-term 2050’ ready. Among other things, the document solution for Kashmir crisis as well as for nurturing aspires to make Ladakh the renewable energy the strategic utility of Ladakh for India’s national capital of India. Similarly, through the development interest. The UT for Ladakh is a strategic move strategy, it aspires to achieve a carbon-neutral and could even become the kernel for boundary Ladakh. The empowerment of Ladakh is clearly solution with China. underway and is geared to fulfil the rising Clearly, Ladakh is on the path of getting expectations and aspirations of youth in Ladakh.

References: 1 https://www.businesstoday.in/union-budget-2020/news/budget-2020-sitharaman-allocates-rs-30757-crore- to-jk—rs-5958-crore-to-ladakh/story/395262.html 2 “Tourism is unpredictable, need to explore other sectors in Ladakh: RK Mathur”, August 6, 2020 at https://jknewsline.com/tourism-is-unpredictable-need-to-explore-other-sectors-in-ladakh-rk-mathur/ Jknewsline 3 “Ladakh has wind energy potential of 100,000 MW”, December 17, 2019 at https://www.evwind.es/2019/ 12/17/ladakh-has-wind-energy-potential-of-100000-mw/72557 4 “Govt invites wind industry to Ladakh”, December 13, 2019 at https://www.thehindubusinessline.com/ economy/policy/govt-invites-wind-industry-to-ladakh/article 5 “A peek inside the Atal Rohtang Tunnel, India Today Insight”, August 24, 2020 6 “After Rohtang, focus now on Shinku La tunnel amid tension in Himalayas”, Times of India, September 28, 2020, https://timesofindia.indiatimes.com/india/after-rohtang-focus-now-on-shinku-la-tunnel-amid-tension- in-himalayas/articleshow/78346269.cms 7 https://www.business-standard.com/article/current-affairs/after-rohtang-focus-shifts-to-shinku-la-tunnel- between-ladakh-and-lahaul-120092700426_1.html.

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India Foundation Journal, November-December 2020 {35} FOCUS Empowering the Region: The Jammu Viewpoint Sant Kumar Sharma*

he decision of 5 August 2019, to abrogate became applicable to the newly constituted Union Article 35-A and revoke the provisions of Territory and PRIs and ULBs now became TArticle 370 have proven to be really empowered instruments of grassroots democracy, empowering for the Jammu region. This happened in line with the rest of the country. first and foremost because Article 35-A discriminated against a certain group of people and Article 35A with its abrogation, the inequity inherent in the said Article 35 A was added to the Constitution of Article was done away with. With the revocation India by a Presidential Order of 14 May 1954.2 of special status, the Indian Constitution came into This amendment to the Indian Constitution was force, replacing the Constitution of Jammu and carried out without the approval of Parliament and Kashmir, 1956. The rights and privileges available without following procedures mentioned in Article to all Indian citizens, thus became applicable also 368. Unlike other amendments, it appears in the to the people of the Union Territory of Jammu and Constitution as an appendix and was not listed in Kashmir. the list of amendments either. Article 35A Of the people who suffered from the empowered the state of J&K to define who could discriminatory aspects of Article 35A, about 99 be deemed a permanent resident of the state, and per cent lived in the Jammu Division of the erstwhile it further stated that no such law as enacted by state. These groups of people were the West the government of J&K shall be void on the Pakistan Refugees (WPRs), Valmikis, Gorkhas and grounds that it is inconsistent with or takes away the women of the state who married outside J&K. or abridges any rights conferred on other citizens of Article 35A prohibited the above groups of people India. Consequently, through Part III (6) of the from becoming domiciles of the state and Constitution of Jammu and Kashmir, 1956,3 the consequently, they were denied all the benefits that permanent resident of the state was defined as under: were available to the rest of the state subjects. In “Every person who is, or is deemed to be, a addition, Panchayati Raj Institutions (PRIs) and citizen of India under the provisions of the Urban Local Bodies (ULBs), though constituted, Constitution of India shall be a permanent resident were powerless. Ironically, the Panchayati Raj Act, of the State, if on the fourteenth day of May, 1954, 1989, which had been enacted by the State of J&K, (a) he was a state subject of class I or of class II, was the instrument used to disempower or (b) having lawfully acquired immovable property panchayats.1 With the state becoming a Union in the State, he has been ordinarily resident in the Territory, the provisions of the Indian Constitution State for not less than ten years prior to this date”

*Sant Kumar Sharma is a Senior Journalist based in Jammu. He has written books on Article 370, Delimitation and on Indus Waters Treaty. {36} India Foundation Journal, November-December 2020 and (II) “any person who, before the fourteenth India, were made domiciles of the respective states day of May, 1954 was a State Subject of class I or that they had settled in. Thus, a gross injustice was of class II and who, having migrated after the first done to those people who were forced out of their day of March, 1947, to the territory – now included homes due to the post partition riots and who in Pakistan, returns to state under a permit for moved to the state of J&K. resettlement in the State or for permanent return Post the partitioning of the country, 5,764 issued by or under the authority of any law made families had been registered in 1947 in the state of by the State Legislature shall on such return be a J&K. They had the right to vote in the national permanent resident of the State” elections as citizens of India, but they could not Section 8 of the Constitution of Jammu and vote in the state elections as they were not granted Kashmir, 1956 gave the State Legislature the right state domicile status. The same discrimination to define Permanent Residents and Section 9 carried over to their progeny. They were thus empowered the State Legislature to alter the deprived of all the privileges that accrued to state definition of Permanent Residents. And this domicile subjects which resulted in discrimination was used to discriminate against certain classes in education, employment, land ownership and in of people.4 many other areas. With the abrogation of special status, all these people, have now become West Pakistan Refugees domiciles of J&K overnight. As a large number of The West Pakistan Refugees were those such people belonged to the weaker sections of hapless Hindus, Sikhs, and Christians, who had society, with at least 75% of them being Scheduled come to J&K, after escaping from Sialkot and Castes (SCs), they now also have access to all neighbouring areas of what became Pakistan in central government schemes which provides for 1947. As stated earlier, Part III (6) of the their welfare. Constitution of Jammu and Kashmir defined a state citizen as a person who on the fourteenth day of Valmikis May, 1954, was a state subject and has been The story of the Valmikis also points to the ordinarily resident in the State for not less than ten great degree of discrimination and humiliation years prior to this date. This clause was deliberately heaped upon this group of people. In 1957, included to leave out those ill-fated people, who following a strike by the sanitation workers in the had to leave their homes due to the riots that had state of J&K, more than 277 families of Valmikis broken out post the partition of the country. By were brought in from Gurdaspur and Amritsar arbitrarily imposing a cut off date of entry to the districts of neighbouring Punjab, to work in the state as 14 May 1944, all the refugees who state. They were brought in by the government of streamed into the state post partition, were denied that time, with a promise that they would be made domicile status. It bears mention here, that all such state domiciles. However, they were eligible only refugees who came to Punjab and other states of for jobs of safai karamcharis and were not given

India Foundation Journal, November-December 2020 {37} Permanently Resident (PR), despite being in J&K same rights as their male counterparts. This is truly for 62 years. While the children of these safai liberating and a major step towards gender parity karamcharis could get admission in government in J&K. run colleges and professional institutes, they could only apply for jobs as sweepers. Now, such Grassroots Democracy discriminatory procedures have been done away The PRIs stood disempowered as they were with. The Valmikis can now apply for state denied funds for carrying out development domicile certificates and the same will be given to activities. This is evident from the fact that for the all the applicants. A 71-year-old lady of the period 2011 to 2016, the panchayats received just community, Ms Deepoo Devi became the first Rs 1 lakh as a one-time grant. This translated into recipient of the domicile certificate in July 2020. Rs 20,000 per panchayat per annum. In contrast, The J&K administration is speeding up the process in October 2020, each panchayat received a sum to grant such certificates to all eligible persons, of Rs 10 lakh. The Panchayats and other institutions thus meeting the long pending demand of will now be receiving yearly grants to carry out the people.5 With this, the Valmikis are now development activities. A new phase of B2V (Back empowered. to Village) programme was also started on October 2, the birthday of Mahatma Gandhi. Gorkhas For the very first time, elections have been The valiant Gorkhas had been living in J&K held to the Block Development Councils (BDCs), for generations, fighting as soldiers in the state and this has thrown up a new crop of leaders. The forces organised by successive Dogra Maharajas. fact that the MLAs of the erstwhile state had little Despite that, they were denied any rights in J&K respect for the Panchayats is indicated by the fact but all that stands changed now. Many of them that while the Legislative Assembly had a tenure have got domicile certificate made and for others of six years, the panchayats had a tenure of only these are in the pipeline. five years. The panchayats were, in fact, treated merely as “necessary evils” to get funds from the Gender Equality Centre under rural development head. The same Article 35-A was interpreted and implemented can be said for the ULBs. Decentralisation of in a blatantly gender discriminatory manner in J&K, political power in a tiered fashion, as envisaged in clearly against the spirit embodied in the Preamble the Indian Constitution, was something that was of the Indian Constitution. It also militated against missing altogether. Now, grassroots democracy has various gender equality clauses of this supreme started taking wings. law of the land. Once Permanent Resident (PR) women got married outside J&K, their rights were Genesis of Disempowerment and severely curtailed. All this has now changed and Fragmentation of Kashmir Politics women across the Union Territory will have the If we want to discuss empowerment of the

{38} India Foundation Journal, November-December 2020 Jammu region, we should perhaps go to the root of the assembly elections in 2008 and 2014 also cause of disempowerment of the region. This led to coalition governments. disempowerment can be traced back to Sheikh In 2014, when the assembly elections were Mohammad Abdullah getting formal command of held, the BJP got 25/37 seats in the Jammu region. J&K on 5 March 1948, when he was made A rebel BJP candidate, Pawan Gupta from “Interim Administrator” by Maharaja Hari Singh. Udhampur, also pledged support to it, besides two After that day, the Sheikh did everything possible MLAs of the Sajad Lone-led People’s Conference to undermine the Maharaja and end the role of the (PC). Overall, it thus had 28 MLAs on its side, monarch in the new set-up. Instead of seeking Incidentally the same number of legislators, 28, accommodation and power-sharing, Sheikh which the PDP had. Despite that, somehow an virtually became despotic because of the unstinted unequal power-sharing arrangement was finalised support of Jawaharlal Nehru. Since then, the top by the PDP and the BJP. executive post has always been held by a person Intriguing as it seems now, rotational CM-ship, from the Kashmir Division, except for a brief period which had a precedent in the 2002 coming together from 2 November 2005 to 7 July 2008, when of the PDP and the Congress, was not worked out Ghulam Nabi Azad, who hails from Doda district between the new coalition partners. Under the deal of the Jammu region, was the Chief Minister of they finalised, Mufti was to remain CM for all six J&K. This indicates the hegemony exercised by years of this government. That was not to be as Kashmir over the rest of the state. Mufti’s death, due to illness in January 2016, drove On 2 November 2002, Mufti Mohammad a wedge deeper between the two parties. Sayeed of the People’s Democratic Party (PDP) Mehbooba Mufti succeeded her father some with only 16/87 MLAs became the CM of the months later and the coalition partners kept drifting state. He headed a coalition government in which apart. In June 2018, the coalition government of the Congress had 20 MLAs. Besides, several Mehbooba came to an end when the BJP withdrew independent legislators also supported this support. government. Out of these 20, a majority, 15, belonged to the Jammu region. With many Drifting Apart and Unfair Delimitation legislators hailing from Jammu, it became of Constituencies imperative to give them some weightage in the Since March 1846 Amritsar Treaty, Jammu power structures. Some of them were made and Kashmir have remained together as a political ministers, while some others were adjusted in unit. The two regions however lack organic unity government-controlled corporations. This as they are geographically, culturally and socially happened mainly because of the fragmentation of poles apart. From March 1846 to August 1947, the Kashmir polity. The PDP ended the the power remained with the Hindu Dogra rulers unchallenged hegemony of the National from Jammu. In fact, Ladakh was conquered by Conference (NC) in 2002. After that, the results the Dogra king Gulab Singh much earlier than

India Foundation Journal, November-December 2020 {39} Kashmir became a part of his empire. After August 3,260,663 in Kashmir. Thus, population wise, the 1947, Kashmir fast emerged in a pivotal position electorate was nearly equal, with Kashmir having and became the power centre in the state which 51.38 percent and Jammu having 48.62 percent of had three distinct geographical regions; Jammu, the electorate. Kashmir and Ladakh. Kashmir became so powerful Perhaps we need to understand the concepts that it marginalised the other two regions in all spheres of gerrymandering (American) and rotten of life, often by use of less than fair means. boroughs (British) more thoroughly in the context The most fundamental reason for the political of J&K to get an insight into how Kashmir’s hegemony that Kashmir had over Jammu and hegemony was created and how it has continued Ladakh regions was the unfair delimitation of for several decades. Gandhinagar of Jammu district constituencies. Both Legislative Assembly having 1,52,100 voters was the largest assembly constituencies, as also the Lok Sabha segments, segment in 2008. In Kashmir, the largest assembly were carved out in a manner to undermine both segment was Batmaloo of Srinagar district with Jammu and Ladakh. The dice was loaded in favour just 1,02,759 voters, a whopping 49,341 voters of Kashmir leading to its victory in the political lesser than Gandhinagar. During 2008 elections, domain. In the Legislative Assembly of the state the smallest assembly segment in the Jammu of Jammu and Kashmir, out of 87 segments, 46 region was Bani in Kathua district having 37,197 were located in Kashmir, 37 in Jammu and 4 in voters. In the Kashmir region, the smallest segment Ladakh. The constituencies were carved out on was Gurez having only 15,330 voters. The the basis of the Representation of People’s Act, comparative data of most assembly elections held 1951, both for the Legislative Assembly and for in J&K of 1983, 1987, 1996, 2002, 2008 and of the Lok Sabha. Major yardsticks used were (i) 2014, is readily available. The data of even earlier Population (ii) Geographical Compactness (iii) elections is available and the results are almost Nature of Terrain (iv) Facilities of Communication always identical. and such like considerations. It stands to reason then, that both the Jammu An analysis based on the above factors and Kashmir regions should have had an equal indicates that the delimitation was not correctly number of seats in the legislative assembly. By carried out. Let us examine data based on giving Kashmir 46 assembly segments and Jammu population and area in respect of Jammu and only 37, great injustice was done to the latter in Kashmir divisions. In terms of area, Jammu with terms of political representation. The allotment was a spread of 26,292 sq. km is 1.648 times larger totally disproportionate, grossly unfair and than Kashmir, which has an area of 15, 948 sq. deliberately skewed in favour of Kashmir. This km. In terms of the electorate, there seems to be needs to be corrected now. a balance. During 2008 assembly elections, there were 6,345,380 voters in J&K (excluding Ladakh Lok Sabha Segments region). Of these, 3,084,717 were in Jammu and The statistical comparisons of Lok Sabha

{40} India Foundation Journal, November-December 2020 segments of the Jammu region with those located of India and has led to the voters in the Jammu in Kashmir, also yield similar results as seen in the region being severely under-represented. It is segments in case of Legislative Assembly consti- apparent that artificial disparities were created tuencies. It seems different yardsticks were used deliberately to give political hegemony to the for carving out the Lok Sabha segments in the Kashmir region. All this is founded on no intelligible two regions, much as if the two regions were not criteria save bias against the Jammu region. In part of the same state! Incidentally, the Lok Sabha addition, the fact that no delimitation of the Lok segments in J&K were not delimited by the Justice Sabha segments of J&K was done whenever this Kuldeep Singh Commission for delimitation which happened all over India indicates that this was was constituted in 2002. As analysed above for meant to perpetuate the disparities. the assembly segments, it follows then that both A fresh delimitation of the constituencies needs Kashmir and Jammu regions of the state should to be done in an equal and equitable manner to have had equal representation in the Lok Sabha address the above disparities. Towards this end, in segments. But Kashmir was given three Lok Sabha February 2020, the Centre has begun the process seats and Jammu only two. This was discriminatory. of delimitation of assembly segments in J&K, and the process once completed is expected to pave Conclusion the way for Assembly Elections in the Union The above few paragraphs clearly demonstrate Territory.6 that the voters of the Jammu region have been As of now, the Union Law Ministry has treated unequally when compared to voters in the constituted the Delimitation Commission which is Kashmir region. Such treatment is contrary to the headed by former Supreme Court judge, Justice mandate of Articles 81 and 82 of the Constitution Ranjana Prakash Desai. The Commission is

India Foundation Journal, November-December 2020 {41} mandated to redraw Lok Sabha and assembly which indicates that the process is underway. constituencies of the Union territory of Jammu and It will be in the fitness of things that Jammu Kashmir. All five Lok Sabha MPs from the Union gets its legitimate share in power structures at all Territory have been nominated as Associate levels. Be it panchayats and urban local bodies Members. Consequently, the Delimitation (ULBs), or the Legislative Assembly, or Commission has sought information from all the representation in the Lok Sabha, things seem 20 district commissioners in the Union Territory, 7 destined to change, and change for the better.

References: 1 The Act is available at https://jk.gov.in/jammukashmir/sites/default/files/2221.pdf 2 The Presidential Order covered a host of subjects. Article 35A was introduced in this order under sub section (j). The text reads as under: (j) After article 35, the following new article shall be added, namely:- “35A. Saving of laws with respect to permanent residents and their rights.- Notwithstanding anything contained in this Constitution, no existing law in force in the State of Jammu and Kashmir, and no law hereafter enacted by the Legislature of the State,- (a) defining the classes of persons who are, or shall be permanent residents of the State of Jammu and Kashmir; or (b) conferring on such permanent residents any special rights and privileges or imposing upon other persons any restrictions as respects- (i) employment under the State Government; (ii) acquisition of immovable property in the State; (iii) settlement in the State; or (iv) right to scholarships and such other forms of aid as the State Government may provide, shall be void on the ground that it is inconsistent with or takes away or abridges any rights conferred on the other citizens of India by any provision of this Part”. 3 Details of the text of the Constitution are available at http://jklaw.nic.in/the_constitution_of_jammu_ and_kashmir_1956.pdf 4 Ibid. 5 https://www.thehindu.com/news/national/other-states/six-decade-long-battle-of-citizenship-comes-to-an- end-as-valmikis-get-domicile-certificates-in-jammu-and-kashmir/article32239828.ece 6 https://timesofindia.indiatimes.com/india/centre-begins-process-of-delimitation-of-assembly-seats-in-jk/ articleshow/74183142.cms 7 https://www.hindustantimes.com/cities/requisite-info-maps-to-be-submitted-to-delimitation-panel-in-july-j- k-ceo/story-xPZL1XGxA7XYeCrgUJIAkI.html. 

{42} India Foundation Journal, November-December 2020 FOCUS The View from Kashmir: Vocalise the Locals Bashir Assad*

he war of propaganda intensified globally 370 abrogation. This was the period when the after India abrogated Article 370 in 2019. Indian government had issued strict instructions TThe anti-India rhetoric was built around that any indiscipline by the security forces would the narrative of “human rights abuses” by the Indian not be tolerated. India had taken the unprecedented security forces and “illegal integration of a disputed decision of doing away with J&K’s special status. territory”. On both counts, the central theme was It could hardly afford to invite the wrath of the constructed around the women and children of international community over human rights issues— Kashmir. real or manufactured. The vulnerability of women and children India was treading cautiously. The Prime anywhere in the world rightfully draws attention. Minister’s office was monitoring the situation It justifiably invites severest criticism from human round the clock. National Security Advisor Ajit rights activists, academics, governments and non- Doval landed in Srinagar on August 7, 2019, a day government organisations across the globe. In after Article 370 was revoked. He undertook a Kashmir, the central theme was crafted intelligently whirlwind visit to militancy-infested south Kashmir by the Pakistani deep state and its extensions and assured the locals that their security is the all over the world—particularly in the US, EU government’s responsibility.2 In an attempt to and UAE. restore the confidence of the people, Doval made In US, an organisation called Stand With an outreach and reassured them that their safety Kashmir (SWK) was formed overnight following and security was the responsibility of the the abrogation of Article 370. Throughout 2019, government. Though his visit to the interiors of SWK spearheaded the propaganda against India south Kashmir was termed as a photo-op by many, by highlighting the “plight” of women and children it was reassuring in many ways. The message to in Kashmir. It organised protests and events to the security forces to humanise their operations send the message to Kashmiris to “stand united was loud and clear. The data post the abrogation against illegal integration”. Academics of Kashmiri shows that incidents of harassment of locals by or Pakistani origin representing SWK appeared to the security agencies recorded an all-time low. The reasonably discuss the “plight of women and local commanders of all the security agencies were children”. Their intention was to provoke and conscious of the fact Kashmir was back in focus indoctrinate young minds in Kashmir for violence.1 internationally, and the slightest provocation could In EU and UAE, the orientation of protests be troublesome. was on similar lines. The shrill cries of the alleged Doval stayed in Kashmir for 11 days during rights abuse of Kashmiri women and children have his first visit after the abrogation. He visited never been as vociferous as they were post Article Kashmir again on September 6, and then on

*Bashir Assad is a Srinagar based Senior Journalist from J&K. India Foundation Journal, November-December 2020 {43} September 25. His frequent visits were part of a gate of his residence told us”. In order to rein in multi-pronged mechanism. One, the Centre wanted any untoward incident, the government had to give the message to Kashmiris that they would admittedly imposed harsh restrictions, and civil not be abandoned, as propagated by Pakistan. Two, liberties were curtailed for a limited period. But no his presence developed synergy among security one could report any specific incident of women forces operating in Kashmir. India could not afford being molested or children being tortured. Some to allow any untoward incident to develop, which sporadic incidents of stone pelting, or other incidents would have the potential to eventually snowball in which security forces fired teargas and even into a vicious cycle of violent protests, as was the pellets to disperse the stone-pelting youth were case in 2016. reported by media houses locally and There were attempts by some groups and internationally. But there were no reports of any individuals of the likes of SWK to construct a casualty from any side. narrative around the alleged human rights abuses In Hajin area of north Kashmir’s Bandipora of women and children in Kashmir by Indian district, it was reported that a young boy jumped security forces. The rhetoric was shored up without into the river after being chased by security forces. evidence. A local woman activist alleged that In the 2010 agitation, 125 people had been killed. security forces had ruthlessly tortured an elderly During the agitations in 2016, 14 people were killed. man and his handicapped son in Herpora village Most of these victims were violent stone pelters. of Shopian district. BBC reported this incident. In 2019, security forces were able to keep the Later, the villagers revealed the truth. The man situation under control because unprecedented had been buying bread from the local baker curfew was imposed. Violent mobs were not (Kandhur) in bulk for days together for a family of allowed to rule the streets. just five or six members. The locals got curious. It The Army committed a grave error on July was known by and by that dreaded, high-profile 18, 2020, when in a case of mistaken identity, two terrorists like Riyaz Naikoo, Naveed Kamran and men in Amshipora Shopian, were shot dead, Zeena ul Islam had been hiding at his place for mistaking them to be terrorists. The two men were more than 15 days. The security forces got the however labourers from Rajouri district. The inputs and cordoned off the area. The trio fled operation had been conducted on the basis of the before security forces could zero in. The man was information provided by the local sources to the taken for questioning, where he confessed that Army. Here, the local input had not been shared these dreaded terrorists were hiding at his place with Jammu and Kashmir police to verify the for many days. The incident was projected without information provided by the local informers. As its context. the standard operating procedure was ignored, the In all other cases, random allegations were Army later admitted the error and initiated an levelled without any solid evidence. In most of the enquiry into the matter. The Army assured that cases, the terminology used was “a woman on the the erring personnel and the local informers would roadside narrated” or “a man sitting at the outer be punished. On September 14, 2020, Lieutenant

{44} India Foundation Journal, November-December 2020 Governor Manoj Sinha addressed a press conference attackers. As soon as the joint team zeroed in on in Srinagar. He said that the Amshipora Shopian the suspected spot, the militants fired upon them, encounter was being probed by the Army and also triggering off an encounter. A militant was killed the civil administration, and assured justice.3 while Assistant Sub Inspector (ASI) Babu Ram Whatever the result of the enquiry, much of JKP suffered injuries. He was shifted to Army damage was done. A single incident of misplaced Hospital for treatment, where he succumbed to identity has the potential to lay all to waste. The his injuries. The encounter was halted due to Indian Army is paying a huge price for the darkness. It was resumed in the morning, and two perceived wrongs committed in the early phase of more militants were killed. The top cop said the Kashmir militancy. Since then, it continues to invest other two militants were given an opportunity to hugely in public goodwill programs. The Army has surrender, but they refused. “We brought the also humanised the behaviour of its personnel in families of these two militants from Pampore. They dealing with the common masses. Simultaneously, appealed to their children to surrender. But the the Indian Army is also very keen to strengthen its militants refused and fired upon the forces. We global image of being a highly disciplined force. gave them an opportunity even though we had lost Despite these efforts, it faces tough questions from a colleague,” said the DGP.4 This gesture has certain quarters for the conduct of past military worked at times. Many militants have surrendered operations against terrorists. amidst gunfire, heeding the appeal of their parents. Since 2015 onwards, the Army and also Jammu The killing of innocent Kashmiris by terrorists and Kashmir Police (JKP) have involved the continues unabated. These barbaric killings are parents of local terrorists trapped by the forces video-graphed and circulated on social media to before initiating action. Wherever possible, security terrorise the populace. Keeping the people forces and JKP call the parents of trapped local terrorised has been their modus operandi for long. terrorists to the encounter site to influence their I am reminded of July 1994. I was at the residence wards to surrender and live a peaceful life with of my parents-in-law in village in south Kashmir. their loved ones. My father-in-law, Advocate Muhammad Sultan On August 30, 2020, three motorcycle-borne Bhat was a prominent Jamaat-e-Islami leader. He militants fired upon a CRPF naka party along the was very vocal against the intrusion of gun in Srinagar-Jammu national highway at Pantha Kashmir society. Late one evening, a group of Chowk in an attempt to snatch weapons from the Hizbul militants entered the house. Most of them security personnel. The J&K Police and CRPF were senior commanders of the terrorist group. personnel present at the naka retaliated. In chaos, The group included Farooq Ahmad Shah alias the terrorists left their bike on the road. They Siddique, Fayaz Ahmad Mir alias Abu Bakr, escaped from the scene and took shelter in a Ghulam Nabi Khan alias Amir Khan, Gul nearby school at Dhobi Mohalla. A joint team of Muhammad Sheikh alias Abu Rafi and some more, police and CRPF cordoned off the area and whom I could not identify. A firebrand Jamaat conducted door-to-door searches to nab the leader of south Kashmir, Abdul Rashid Bhat of

India Foundation Journal, November-December 2020 {45} Tarigam in Kulgam district, joined the group for the sane voices were silenced, and the vacuum dinner. The militants had literally forced their way was filled by insanity. into the house. Advocate Muhammad Sultan was Reason and logic have always been the target constantly harangued by the Hizbul militants and of non-state actors in Kashmir. Terrorism targets also the Jamaatis for his views on the use of the persons and property normally considered gun. Hizbul has always been closely aligned with protected under the laws of war. As a strategic the Jamaat as its militant arm. But I was kidnapped end, terror confronts the state first by targeting by Hizbul militants five times as a pressure tactic the reason. The rest follows. Violent political Islam on my father-in-law to soften his views regarding has dictated this course of action in Kashmir. militancy in Kashmir. Kashmir remains alienated under the sway of Over dinner, the conversation centred on the extremist Islamists of Pakistan. The internally perception of the common people regarding generated insurgency conceived in Pakistan much militancy. Siddique proudly informed his before the infamous elections of 1987 changed the commanders, “Logon ke dillon mein hamara dimensions of the uprising. From insurgency, it dehshat behta hai” (people are terrified by our morphed into an unconventional warfare to wreak presence). Advocate Muhammad Sultan, known havoc and “make India bleed by a thousand cuts”. for his uncompromising views retorted, “Iska The theological orientation of the current breed matlab hai ki aap dehshatgard ho” (This means of terrorists undermines, rather threatens the very that you are terrorists). There was complete foundations of Kashmir society. Terrorism in silence. Muhammad Sultan gently stood up and Kashmir now relates to global jihad. It should have left the room. I followed him silently, thinking that been challenged by Kashmir’s opinion leaders and the militants would try to harm me to vent their scholars at the very beginning, but that didn’t anger against Muhammad Sultan. happen. The voices which could have proved to About a month before this incident, Mirwaiz be a deterrent to this deadly ideology were either South Kashmir Qazi Nisar Ahmad was killed by eliminated or they fell in line. The elimination of Abu Bakr and Abu Rafi on June 19, 1994. The liberal and nationalist intellectuals, social and Hizbul terrorists had made their plans public much cultural activists was justified as one of the earlier. Advocate Muhammad Sultan had left no prerequisites to cleanse the Valley of un-Islamic stone unturned to prevail upon both Jamaatis and elements. Militant groups imposed the Islamic order Hizbul militants not to harm Qazi Nisar. But this upon the society. Democracy and secularism were was a conscious decision of the terror outfit backed denounced as un-Islamic. by Sayed Ali Geelani. Qazi Nisar was killed. I In a conference organised by Centre for curse the day when blood-thirsty Ikhwanis killed Dialogue and Reconciliation of Sushobha Barve Advocate Muhammad Sultan Bhat in 1996. Had in 2005 in Jammu, noted separatist lawyer Zafar he not been killed; the gun would have lost the Ahmad Shah derided mainstream political leaders argument in Kashmir. He was the apostle of non- Mirza Rashid of the Congress, Muhammad Shafi violence, and had no political agenda. This way, Uri of National Conference and Nizamuddin Bhat

{46} India Foundation Journal, November-December 2020 of PDP. He accused them of having no locus standi a non-violent social worker. It terms the dreaded in the Kashmir dispute. “You are simply and notorious terrorist Riyaz Naikoo as a Hurriyat collaborators,” Zafar thundered. There was silence leader, and so on. The war of propaganda in the hall. I could not take this uncivilised argument intensifies. There is no end to it. The management from a lawyer who had made fortunes arguing of perception is directly related to the intensity of Indian laws and India’s Constitution. I gently the propaganda. The Indian government has certain responded, “Sir, we accept your sole proprietorship inherent drawbacks in managing the perceptions over the Kashmir dispute. We are nobody and have in Kashmir. Three factors give Pakistan a clear no locus standi. Muhammad Shafi Uri of National advantage. Conference and Mirza Rashid of the Congress are One, Pakistan has been invoking the “Islam in here simply seeking an answer from you for the danger” rhetoric. Its rabidly fanatical clerics are killing of their thousands of party workers. Why indoctrinating the Kashmiri youth with Wahhabi did you kill their innocent poor workers in thousands ideology. They reject Kashmiri Sufism, terming it when we were nobody with no locus standi?” as violation of the teachings of Islam. The concept Zafar stood numb and speechless. of Ummah (Islamic community) rejects national Whether the Army took action against all those boundaries, seeking the establishment of an Islamic personnel who were accused of human rights Caliphate. It poses a threat to pluralistic social order, abuses, whether any wounds were healed by interfaith and peace. You can’t be peaceful if you material compensation—we do not know. What believe in pan-Islamism. Pakistan is harvesting the we know is that the Army has been punished by fruits of this deadly ideology in Kashmir. It has the people of Kashmir. The Army lost the trust of successfully coached the youth, who then find the the people. It invested heavily into regaining the switch to terrorism easy. The mayhem that we confidence of the people across the length and witness in Kashmir is a consequence of this deadly breadth of Kashmir Valley. But the trust deficit in ideology. south Kashmir continues. However, the Indian Two, owing to deep-rooted corruption in the Army is accountable at the end of the day. Are Kashmir society and polity, the government’s the terrorists accountable or answerable to anyone? redressal mechanism for real or perceived Are separatists and their ideologues in Kashmir grievances is not efficient. If the political, accountable to anyone? Are people free to raise administrative and police system in a region their voice against the horrific crimes perpetuated infested with ideological terrorism fails to deliver, by the terrorists? In the name of azadi, all azadi of the narrative of othering and alleged discrimination the people has been trampled upon by the is fast bolstered by adversaries. Growing up under separatists and the terrorists. Nobody has punished the umbrella of a single religion and social the terrorists for the crimes they committed upon homogeneity, the youth fall prey to the narrative Kashmiris. Instead, criminals are hailed as heroes of Us versus Them. This again is advantage and glorified. Pakistan. Pakistan benefits from Kashmir’s weak SWK describes Asiya Andrabi, the jihadist, as political system. The clergy quickly jumps in to

India Foundation Journal, November-December 2020 {47} impose social changes on the basis of real and liberal democratic system is described as the perceived grievances, thus justifying a violent revolt. problem. It is given a tragic twist by manufacturing Three, a constant and consistent mainstream the narrative around the cries of children, blood of discourse is missing in Kashmir. The propagation the youth, the tears of women and the wounds of of the mainstream discourse and a convincing older Kashmiri Muslims who were supposedly argument around it has not been there. The suppressed and oppressed by Hindu Indian state. discourse must be vocalised and localised; and it The solution prescribed is Jihad – violently resist must be driven by Kashmiris. There are enormous the conspiracies of Hindu India. This is the genesis challenges for creating such a discourse, but it of the contemporary Jihad e Kashmir. cannot be deferred—particularly when the enemy This narrative is now entrenched and has been is propagating a false narrative vocally and accorded social sanction. But the dogma based on vehemently. outdated assessments and historical errors is so The killing of local political representatives, deep-rooted that people who propagate and justify threats and intimidations by terrorists’ groups have violent extremism conveniently use the façade of made things more difficult. Since the abrogation political issue. This dichotomy poses a genuine of Article 370, scores of unarmed innocent civilians challenge externally. have been killed by terrorists for their political Many international bodies, NGOs and groups affiliations and loyalties. Many terrorist tend to believe the narrative intelligently crafted organisations have been revived, and many new by the architects of the Kashmir “dispute”. The ones have been formed in an attempt to consistently understanding of the situation has become so stoke terror. Kashmiris have accepted the new distorted that these organisations keep advising political realities, and they are ready to adapt to India to give up the policy of approaching the the new constitutional arrangement too. But Kashmir problem as a counter insurgency and terrorism poses a constant threat to public life. security issue to be tackled militarily. They tend to believe that the situation requires a political Dogma of Political Issue solution. They strongly advocate dialogue with To my understanding, the real challenge to the “stakeholders,” intentionally ignoring the fact that Indian state comes from certain sections of people the dynamics and nature of the Kashmir problem locally and globally, who conveniently play out the changed long ago. dogma of Kashmir being a political issue. Their Ask the militants: What are you fighting for? constant refrain is that the Indian State should stop Ask opinion leaders: What exactly are you looking at the problem in Kashmir through the demanding? Ask the political class: What are your security prism. grievances? You will encounter total confusion and Over the years, ideological incitement has distortion of the so-called historical perspective of defined Kashmir jihad to potential recruits and the Kashmir issue. You will also encounter total apologists alike. The theology boils the issue down Islamisation of Kashmir. This does not mean that to “The problem” and “The Solution”. The secular, New Delhi should ignore the genuine issues of

{48} India Foundation Journal, November-December 2020 governance, strengthening democratic institutions Every initiative taken by the government post and providing a congenial atmosphere to the people August 5, 2019, has been linked by this section to of Kashmir to breathe freely. But the misplaced the argument of changing the demographic narratives must be known and acknowledged character of the region. They have been strongly internationally. New Delhi has to do a lot diplomatically arguing that the narrative of development, to provide answers to the questions based on outdated investment and employment has been crafted only notions and misplaced narratives. A host of initiatives to further the “sinister agenda”. The Kashmiri have been taken by the government during the last diaspora describes the August 5 decisions as a one year to address the concerns of certain “colonial project”. There have been consistent marginalised sections of the Jammu and Kashmir attempts to internationalise Kashmir post abrogation Union Territory. The long outstanding issues of West of Article 370. New Delhi wisely resisted these Pakistan refugees, Valmiki Community settled in initiatives. The antagonistic argument is centred Jammu and other marginalised sections have finally on the human rights plight and casting aspersions been addressed. The UT administration has also on the intentions of New Delhi. issued detailed guidelines for domicile laws. On The agencies of the Indian government have development and investment promises, the been unable to effectively communicate the right government has not been able to make significant perspective to the people, and change the narrative headway. This may be because of the extraordinary in the region. New Delhi seems less sure of its situation that arose after the abrogation of Article future steps. This will not help the Indian state. I 370 and then the Covid pandemic. In defence of strongly and urgently recommend that the fears the abrogation of Articles 370 and 35(A), New and insecurities created by the dominant narrative Delhi had committed in the Parliament and outside around the conspiracy theories should be that these constitutional measures will bring challenged aggressively by Kashmir’s nationalists. development and normalcy, ending violence in the Proactive measures by the UT administration are conflict-ridden region. essential. Equally important is the construction of The move has been exploited widely by the a localised counter narrative to combat the antagonists. They have been vociferously information warfare unleashed by Pakistan. propagating that the BJP-led government wants Unfortunately, New Delhi has not yet realised the to bring about a demographic change in the region. importance of vocalising the locals. References: 1 Karys Rhea, ‘Does “Stand with Kashmir” really stand with Kashmir,’ available at https://foreignpolicynews. org/2019/12/13/does-stand-with-kashmir-really-stand-with-kashmir/ 2 https://www.hindustantimes.com/india-news/article-370-scrapped-nsa-doval-visits-j-k-spotted-eating-with- locals/story-wAS7inhoMGXE2PC0Q9GqLM.html 3 https://www.hindustantimes.com/india-news/l-g-promises-justice-and-jobs-to-kin-of-men-killed-in-fake- shopian-encounter/story-quu1LxJuszfezbqgo4uyFJ.html 4 https://thekashmirimages.com/2020/08/31/3-let-militants-asi-killed-in-pantha-chowk-encounter/ 

India Foundation Journal, November-December 2020 {49} INTERNATIONAL RELATIONS Turkey: Quest for Caliphate and Empire Sandhya Jain*

he Justice and Development Party (AKP) Syrian armies in 1967. Finally, the Saudi King Faisal led by President Recep Tayyip Erdoðan won the leadership round, thanks to the financial Tostensibly moved closer to realising their bonanza that followed the oil crisis of 1973. But, dream of heading a new Islamic Caliphate with by the twenty-first century, the turmoil in most the Turkish parliament’s decision on July 10, 2020 Muslim nations refuelled Turkey’s desire to to reconvert Hagia Sophia into a mosque.1 The head a caliphate, comprising mostly of non-Arab aim is to preside over a Grand Turkey, reminiscent Muslim nations.2 of Ottoman glory, by 2023, the centenary of the It remains to be seen if Erdoðan will pursue establishment of the Turkish Republic by Mustafa the unfulfilled Ottoman dream to capture Kemal Pasha (Ataturk). The latter, ironically, Jerusalem; his quest to dominate the Middle East crafted a secular State and turned Hagia Sophia has already begun. On a visit to Pakistan in (and other prominent churches that had been February 2020, Erdoðan attacked US President converted into mosques) into a museum in 1934. Donald Trump’s peace plan for Jerusalem as a Hagia Sophia was built by the Orthodox Church in “plan of annexation, occupation and demolition”.3 the fourth century, after razing a temple of the The proposal included a two-state solution to Classical Greek faith that was then dominant in end the Palestine-Israel conflict, and was tilted in the region. In 1453, the Ottomans conquered favour of Israel. Erdoðan asserted, “Jerusalem is Constantinople (now Istanbul) and Sultan Mehmet our red line… we will not leave Haram al-Sharif II changed Hagia Sophia into a mosque. (Al Aqsa mosque) to the mercy of the occupying The quest to head a caliphate began when Israeli administration”.4 Ataturk abolished the caliphate and exiled the last The move to reclaim Hagia Sophia for Islam Ottoman Caliph in 1924. The early contenders caused dismay in Russia (Orthodox). Sergey were King Fuad of Egypt and the tribal leader Ibn Gavrilov, head of Russia’s State Duma Committee Saud. Then, Pakistan entered the race with Prime for the Development of Civil Society, Public Issues Minister Liaquat Ali Khan hosting a World Muslim and Religious Associations, urged Moscow to Conference in 1951. However, in 1952, Gamal negotiate with Turkey for control of at least seven Abdel Nasser staged a coup in Egypt and became churches that once belonged to the Orthodox the inspirational leader of the Muslim world when Church. In fact, Duma members demanded that he nationalised the Suez Canal in 1956 and staved Moscow seek control of Orthodox farms, pilgrim off a British-Israeli attack; but Egyptian ambitions centres, and hotels, which were “built by Russians collapsed when Israel routed the Egyptian and and belonged to [Russia] before the revolution”.

*Sandhya Jain is a political analyst, independent researcher, and author of multiple books. She is also editor of the platform Vijayvaani. {50} India Foundation Journal, November-December 2020 Officially, the Kremlin said that the former cathedral recruits. It professed charity and social service, “has sacred meaning to all Orthodox believers,” but its inner agenda was to seek power and but its status is “an internal affair of Turkey”.5 reestablish the Caliphate and Islamic rule over However, on August 21, 2020, the Byzantine-era Egypt and the entire Muslim world. It taught that, Chora church (declared a museum in 1945) was “Allah is our goal; The Prophet is our Leader; The reconverted into the Kariye Mosque. There is Qur’an is our Constitution; Jihad is our Way; Death anxiety over the fate of its icons after Hagia Sophia in the service of Allah is the loftiest of our wishes”.8 installed curtains to screen an image of Mary and Hassan al-Banna was a Freemason; British infant Jesus.6 intelligence possibly had a role in creating the Brotherhood. Muslim Brotherhood Hassan Al-Banna revived the Assassins Cult Syrian President Bashar al Assad, speaking (hashshâshîn) of the twelfth century Crusades, to Russia-24 TV in March 2020, revealed and called it, “Art of Death” (fann al-mawt) or Erdoðan’s links with the Muslim Brotherhood: “At “Death is Art” (al-mawt fann), a martyrdom to a point in time, the United States decided that be revered, based on the Qur’an. From the 1990s, secular governments in the region were no longer this cult inspired all Sunni Islamic terrorist able to implement the plans and roles designated organizations, especially Al Qaeda and Hamas. Al- to them… They decided to replace these regimes Banna borrowed much of his philosophy from with Muslim Brotherhood regimes that use religion Adolf Hitler, whom the Brotherhood contacted in to lead the public… This process of “replacement” the 1930s. Hitler’s autobiography, Mein Kampf started with the so-called Arab Spring. Of course, (My Struggle), was translated into Arabic and at the time, the only Muslim Brotherhood-led published under the title My Jihad. Al-Banna had country in the region was Turkey, through Erdoðan copies of the Nazi anti-Semitic newspaper, Der himself and his Brotherhood affiliation”.7 Sturmer, adapted to the Arab world. The To understand the dangers posed by the Brotherhood’s assassination bureau (al-jihaz al- Muslim Brotherhood, it is pertinent to review its sirri) was headed by Hassan’s brother, Abd Al- origins and quest for Islamic Caliphate, its rabidly Rahman Al-Banna, and trained and funded by Nazi anti-Jewish theology and links with Nazi Germany, agents from Germany. a relationship that the United States and the West Haj Amin el-Husseini, top Brotherhood leader glossed over while pursuing their post-World War in Palestine, was born in Ottoman Jerusalem in II agenda for global dominance. 1893, and is regarded as the father of Arab The Muslim Brotherhood was founded in 1928 terrorism. On joining the Ottoman army, he was by Hassan al-Banna (born October 14, 1906, in assigned to the Forty-Seventh Brigade in the city Egypt), son of a local imam. Launched just four of Smyrna and participated in the Armenian years after Kemal Ataturk abolished the Caliphate, genocide in which 1.5 million Christians were the Brotherhood focused on indoctrination of its massacred by Turkish troops. He became a staunch

India Foundation Journal, November-December 2020 {51} advocate of Islamic Caliphate.9 The Palestinian Jews and other enemies of the Reich. In the 1950’s, gained importance because of the Balfour the CIA “discovered” the Brotherhood’s anti- Declaration of 1917. On January 3, 1919, Zionist communist leanings and began a long relationship, leader Chaim Weizmann and Arab leader Emir initially supported by the Saudi Monarchy. Osama Feisal, son of the King of Hejaz, agreed to execute bin Laden belonged to the Muslim Brotherhood.11 the Balfour Declaration that mooted “the The Brotherhood fought the Communist establishment in Palestine of a national home for resistance forces in Bosnia and in seven other Nazi the Jewish people”, while protecting non-Jewish campaigns in the Balkans. They helped to decimate communities. After the accord was signed in 1920, the Bosnian Jews; 12,000 of the 14,000-strong riots broke out between Jews and Arabs; 47 Jews community were murdered. The surviving died and dozens were injured. Al-Husseini was members of the Division surrendered to the British sentenced to ten years’ imprisonment in absentia, in May 1945; ten were executed for war crimes. and fled to Syria. He was pardoned by British High At the Nuremberg trials, Adolf Eichmann’s deputy, Commissioner Herbert Samuel and made Grand Dieter Wisliceny, testified that al-Husseini was one Mufti of Jerusalem in 1921. of the main actors in the Holocaust.12 However, In July 1922, the League of Nations unilaterally al-Husseini returned unmolested to Cairo in 1946. approved the British Mandate over Palestine, to Historian Mehnaz M. Afridi notes that the create a Jewish homeland, as promised in the involvement of Muslims in the genocide of Jews Balfour Declaration. After the Arab Revolt in 1936, affected Algeria, Tunisia, Morocco, and Libya al-Husseini raised armed militias to attack the Jews, under the fascist, Nazi, and Vichy regimes, though who retaliated, forcing the British to deploy troops Jews and Muslims also cooperated in this traumatic to restore order. Al-Husseini was removed from era. Algerian writer Boualem Sansal (The German office in late 1937; fearing arrest, he escaped to Mujahid, 2009) studied the complexity of the Lebanon and finally went to Germany. Holocaust and Islamic fundamentalism, including In meeting with Hitler in November 1941, he stories of Muslim saviours.13 There is historical said the Arabs and Nazis had common enemies: documentation of Muslims saving Jews in Albania, Jews, English, and Russians. At Schutzstaffel Morocco, Turkey, Iran, Kosovo, Sarajevo, and commander Heinrich Himmler’s suggestion, Hitler Tangiers. In fact, Albania (70 percent Muslim and asked him to recruit Bosnian Muslims; the 20,000- 30 percent Christian) saved all its Jewish citizens strong 13th Waffen Mountain Division became first during the Holocaust; Turkey rescued Jews who non-German SS division.10 Hitler tweaked the Nazi were citizens of the Ottoman Empire. dogma of racial purity to accommodate the The Balfour Declaration and Nazi propaganda Brotherhood by declaring al-Husseini an honorary fuelled anti-Semitism in Arab lands during World Aryan and Bosnian Muslims as pure Aryan. War II. In 1950, Sayyid Qutb, who would emerge Muslim Brotherhood leaders in Berlin worked as the Brotherhood’s leading ideologue, accused directly with Himmler to create militias to execute Jews of “evil-doing) (Our Struggle with the

{52} India Foundation Journal, November-December 2020 Jews). He was executed in 1966.14 From the 1950s Erdoðan: Islamist Ataturk to the 1980s, the wars with Israel and migration of Erdoðan, who ruled Turkey as Prime Minister Arab Jews to Europe, the United States, and Israel from 2003 to 2014 and as president since 2014, is increased tensions, and an era of Holocaust denial seeking recognition as an “Islamist Atatürk”. His began. Many Arabs saw the Holocaust as a war- political views were shaped by Necmettin Erbakan time event that was exaggerated to gain sympathy (1926–2011), founder of many Turkish Islamist for Israel, as it took place in Europe, by Europeans, parties and author of an Islamist manifesto Millî while the Palestinians paid the price.15 Görüº (“National Vision”, 1969). Erbakan was Hamas was created in December 1987, as briefly Prime Minister of Turkey in 1996-7. Once the Brotherhood’s armed wing in Palestine. The he felt that the quest for full membership of the Hamas Covenant of 1988 blames Jews for causing European Union was futile, Erdoðan became overt World War I and II and repeats European anti- in his ambition to resurrect the glory of the Ottoman Semitic theories. Its Article Eleven states, “the land Empire and be recognised as the caliph, or a caliph, of Palestine is an Islamic Waqf consecrated for of the Muslim world. The European Union declared future Moslem generations until Judgment Day. Turkey as a candidate country in 1999, but It, or any part of it, should not be squandered: it, or sustained obstacles irked Erdoðan even as regional any part of it, should not be given up.” The developments diminished his desire for Western contemporary Muslim Brotherhood has not disowned acceptance and Riyadh’s falling economic stature the anti-Semitic views of past leaders or dissociated boosted his ambitions. from Hamas. Addressing huge crowds in Tahrir The lure of the Caliphate can be understood Square on February 23, 2011, Sheik Yusuf al- from Turkey’s national flag: when the Muslim Qaradawi exhorted capturing Al Aqsa Mosque in Turkic armies of Central Asia conquered Anatolia, Jerusalem and urged the Egyptian military to open they added the latter’s crescent and star to their Rafah border with the Hamas-ruled Gaza Strip to plain red flags. The Turkish flag adopted in 1936 is provide aid to the Palestinians.16 Al-Qaeda, Islamic simply the 1844 Ottoman flag. In 1947, Pakistan Jihad and ISIS also derive from the Brotherhood. emulated the Turkish flag, using a green background. The Muslim Brotherhood’s Mohammed Morsi A schism is discernible between the Arab was sworn in as Egypt’s first democratically States formally led by Saudi Arabia and the non- elected president on June 30, 2012. However, Arab States led by Turkey. Erdoðan had welcomed neglecting the country’s economic crisis, Morsi the victory of Mohamed Morsi in Egypt in 2012 pushed through a new constitution that gave him and was upset when Morsi was overthrown. Gen. absolute powers, allowed clerics to interfere in the Abdel Fattah el-Sisi banned the Muslim law-making process, and took away the legal rights Brotherhood and executed several leaders; many of minority groups. Protests broke out in July 2013, fled to Turkey. As Saudi Arabia, UAE, Kuwait, and finally the army intervened under General Jordan and Bahrain also banned the Muslim Abdel Fattah el-Sisi …17 Brotherhood for trying to overthrow their

India Foundation Journal, November-December 2020 {53} monarchies, a geopolitical fault line emerged in the the lead bead in the Islamic tespih (prayer beads Arab world. Turkey is supported by Malaysia, used by Muslims to recite and count their prayers). Pakistan, Qatar, and a beleaguered Iran. At the end of a three-day marathon, the Despite having cordial relations with Assad, conclave announced that it aims to create a super Erdoðan supported the Sunnis against Assad in Islamic Bloc encompassing 60 countries and 1.6 the civil war, and ruined relations with Egypt, Israel billion Muslims with 12.8 per cent of the world’s and other states in the Middle East and Europe. land. It would control 55.5 per cent of the world’s By February 2018, he asserted, “The Republic of oil reserves and 64.1 per cent of natural gas Turkey is a continuation of the Ottoman Empire… resources. The conclave was partnered by the Of course, the borders have changed. Forms of International Union of Muslim Scholars (IUMS), government have changed… But the essence is a Muslim Brotherhood-linked body and brainchild the same, soul is the same, even many institutions of Yusuf al-Qaradawi; its general secretary, Ali are the same”. Admirers already see him as a Muhiuddin Qara Daghi, addressed the meeting. ‘caliph’ (“successor” in Arabic, to the Prophet) The IUMS is listed as a terrorist group by Saudi and shadow of God on Earth.18 Arabia, the UAE, Egypt and Bahrain. As rotating president of the OIC, he led the Erdoðan revealed his caliphate ambitions in protest against Israel’s killing of Palestinian October 2014, but the failed coup of July 15, 2016 activists in 2018. In October 2018, the murder of and referendum of April 16, 2017, gave him the Saudi journalist Jamal Khashoggi in the Saudi opening he needed. Erdoðan was warned about consulate in Istanbul provided an opportunity to the coup by Russian President Vladimir Putin and embarrass Riyadh, and Ankara slowly released not by his own intelligence service or military, or evidence that Khashoggi was killed and NATO’s Communications and Information dismembered by a hit team sent by Riyadh. Agency, or even the US Intelligence agencies. As In November 2018, Erdoðan’s close advisors forces loyal to him scrambled to defeat the coup, hosted a meeting in Istanbul of Islamists from 28 Erdoðan sent text messages to Turkish cellphone countries (including Russia, India, Bosnia and users to come to the streets to defend their nation. Herzegovina, Saudi Arabia, Egypt, Sudan, Nigeria, Three hundred Turks died that night.20 Malaysia and Kazakhstan) to promote the idea of Erdoðan blamed Sunni spiritual leader an Islamic grouping led by the Turkish president Fethullah Gülen (based in Pennsylvania, US) for by 2023. The Muslim Brotherhood’s international the coup, and ties with Washington became strained network was tapped to create proxies across the when the United States refused to extradite him. world.19 Erdoðan’s close confidant Nureddin Intelligence sources said that if Gülen had been Nebati said the real purpose of the “Islamic Union involved, the NSA would have picked up some Congress” was to convey to the Islamic world that signs. However, Erdoðan declared a state of Turkey is offering Erdoðan as imam to lead all emergency and assumed the power to rule by Muslims. He compared the Turkish president to decree. Later, the referendum allowed him

{54} India Foundation Journal, November-December 2020 Erdoðan to stay in office until 2029, or longer, due challenge by Gen. Haftar’s Libyan National Army to a loophole in the constitutional amendments, and (LNA), based in oil-rich Tobruk. Libya has been gave him enormous powers. ravaged by tribal wars since the assassination of Ankara and Tehran sent food and essential Muammar al-Qaddafi in October, 2011. Gen. supplies to Qatar in June 2017 after Saudi Arabia, Haftar is seeking to end the division of the country, the United Arab Emirates, Egypt, and Bahrain, backed by Russia, UAE and Jordan. blockaded the country for funding terrorism and In May 2020, Turkey helped the GNA destroy the Muslim Brotherhood. Riyadh demanded that LNA’s Watiya air base, including a Russian Qatar expel Turkey from its air force base. Pantsir-1 battery, and takeover the strategic base. Erdoðan’s moves have complicated matters When Russia moved six warplanes from Syria to in the Islamic world. Washington, Moscow and Libya, Erdoðan threatened to bring Turkish warplanes Beijing have interests in the Middle East. Turkey to bomb Haftar’s troops. Simultaneously, he urged is still a NATO State, and the only NATO member Algeria’s newly-elected president Abdelmadjid in the Middle East and Asia. Though Erdoðan Tebboune (who depends on unofficial backing from professes concern for all Muslim causes the Algerian Muslim Brotherhood) to sign a (Palestine, Yemen, Kashmir, Rohingya, and defence pact with the GNA regime. Uighur), his focus is on non-Arab countries (Iran, On June 7, 2020, a Tanzanian-flagged cargo Afghanistan, Malaysia, Indonesia, Pakistan) and ship, Cirkin, sailed from Turkey to the Libyan port Muslims of non-Arab nations (India, Myanmar). of Misrata, accompanied by three Turkish India’s radical cleric Sheikh Salman Nadwi, who warships. Fearing that arms were being smuggled supported late Abu Bakr al-Baghdadi and Zakir to help al-Sarraj in violation of a UN arms embargo, Naik, has often been fêted in Turkey. However, a Greek (NATO) helicopter tried to board Cirkin, the need for closer economic ties with Beijing led but was denied permission by the Turkish warships. Ankara to agree to extradite Enver Turdi, a Uighur A French (NATO) frigate, Courbet, was also who fled Xinjiang in 2014, and quietly deporting rebuffed and the Cirkin landed in Libya. several Uighurs.21 On the weekend of July 18, 2020, Turkey’s Defence Minister Hulusi Akar met Qatari Emir, Libya Prince Tamim Bin Hamad Al Thani, to discuss The Muslim Brotherhood lost two nations after moving Qatar-trained Somali jihadist fighters to Mohamed Morsi was overthrown in Egypt (July Libya, for an attack on Sirte. Erdoðan sent Turkish 2013) and Omar al-Bashir in Sudan (April 2019). troops with drones, military vehicles, and thousands To establish himself as regional hegemon, Erdoðan of Syrian mercenaries from Faylak al-Sham (The in December 2019 signed a military cooperation Syrian Legion), a Muslim Brotherhood affiliate, to pact with the UN-recognised regime of Fayez strengthen al-Sarraj. Should Algeria join al-Sarraj, Mustafa al-Sarraj in Tripoli (Government of Erdoðan would have tilted the balance of power National Accord or GNA), to ward off the in the region, creating insecurity in North African

India Foundation Journal, November-December 2020 {55} nations, especially Egypt. This will also affect Malaysia European, especially southern European, navigation The then Malaysian Prime Minister Mahathir in the Mediterranean and offshore oil projects Mohamad hosted a four-day summit of Muslim in between. leaders in Kuala Lumpur (December 18-21, 2019), Angered at Turkey signing a maritime to discuss problems facing the Muslim world.25 delimitation agreement with the al-Sarraj regime, The Emir of Qatar, Sheikh Tamim bin Hamad Al thereby intensifying disputes over potential offshore Thani, Turkish President Recep Tayyip Erdoðan oil and gas fields in the eastern Mediterranean, and Iranian President Hassan Rouhani, attended. Egypt and Greece signed an agreement on August Indonesian vice president Dr. Ma’ruf Amin and 6, 2020, defining an exclusive economic zone Pakistani Prime Minister Imran Khan dropped out 22 between the two countries. Interestingly, at the last minute, in deference to Saudi wishes. Palestine has indicated a desire to cooperate with The Emir of Qatar, Sheikh Tamim, criticised Ankara in developing the Gaza marine gas deposit, “armed militias that commit terrorist acts,” and “the 36 km off the Gaza coast and believed to have use of methods of force, blockade, starvation and reserves of 31 billion cubic meters, which has not dictation of opinions,” a reference to the Saudi role been explored due to persistent Israeli-Palestinian in the Yemeni civil war and the Saudi-led land, sea clashes.23 and air blockade against Qatar from 2017. Previously, in May 2020, at a virtual meeting President Erdoðan said the UN Security Council with the foreign ministers of Greece, Cyprus, UAE had no Muslim presence and is “way past its expiry and France, Egypt launched an alliance to confront date” as the world is larger than its five permanent Turkish moves in Libya and the Mediterranean. members. He urged Muslim countries to trade in their The alliance said it would challenge Turkish moves own currencies, a suggestion backed by Mahathir, in Cyprus’s territorial waters, where Turkey has who mooted a return to the gold standard. been carrying out “illegal” drilling operations. Mahathir said the Islamic world is plagued with Berating Turkey’s military pact with al-Sarraj, it “fratricidal wars, civil wars, failed governments urged Ankara to stop sending foreign fighters from and many other catastrophes”. Many nations are Syria to Libya.24 France’s role in the alliance will accused of authoritarianism and disregard for be critical as it is a member of the European Union human rights, and not a single Muslim nation ranks and can help in imposing sanctions on Turkey to as a developed country despite immense wealth. protect Cyprus. Prof Tariq Fahmy, Cairo The summit, to be called the Perdana Dialogue University, observed that being a permanent from 2020, was exploratory and discussed broad member of the United Nations Security Council, issues of governance, culture, security, trade (gold France can also veto any decision in favour of and barter trade to avoid economic sanctions), and Turkish moves in Libya. French President technology; its evolution merits watching. Emmanuel Macron supported Gen. Haftar when The summit avoided the Rohingya crisis in they met on March 9, 2020, in Paris. Myanmar, Islamic State, Kashmir, Uighur’s in

{56} India Foundation Journal, November-December 2020 Xinjiang, the strife in Syria and Yemen. However, over €8 million. The suspects included the head of Malaysia continues to host the radical Islamist the Madina Trading agency in Corso Garibaldi, preacher, Zakir Naik, and has given him permanent Brescia, where cell phones used in the 2008 resident status. Mumbai bombings were activated and money sent Iranian President Rouhani urged Muslim to India. Interestingly, the number of Pakistani nations to enter preferential trade agreements using immigrants in Brescia rose from 135 people in 1991 local currencies and to create a special mechanism to 3,738 (January 1, 2019), making them the largest for banking and financial cooperation. Reeling from immigrant community in Brescia. US sanctions that make it difficult to get Western The Janjua brothers, who own Madina Center, insurers to cover Iranian exports, including oil, moved the shop but remained in the business, even Rouhani proposed a transport insurance mechanism after Italian police discovered that between 20 exclusively for Muslim nations: “The Muslim world September and 25 December 2008, they had sent should be designing measures to save it from the more than €400,000 to Pakistanis being watched domination of the United States dollar and the for terrorism, and later sent money for Uri, Jammu American financial regime”.26 Entrepreneur and and Kashmir, India. The detectives monitored artificial intelligence expert Igor Ashmanov said several ‘Pakistani Islamic cultural centres’ in Russia being neither Eastern nor Western could Brescia, and uncovered a network of al Ummah offer Muslim nations lessons in technology and Italia, al Noor, Masjid Ennour Onlus, Arahma Onlus cyber-security. and Tabligh Islamic Center of Beidzzole, all linked to a ‘Society of Propaganda’ that engaged in door- Pakistan to-door evangelism to convert non-believers or Pakistan hosts a plethora of jihadi groups to ‘bad’ Muslims. pursue its domestic and foreign policy objectives. Brescia town hosts Brescia Middle East, Since 2012 at least, the ISI has been laundering owned by Lebanon-native, Tony Abi Saab, an money from a small Italian town, Brescia.27 The international arms dealer company that supplies Finance Police in Udine, Italy, uncovered a money terrorist groups with high-tech guns and laundering system (hawala) behind a defunct ammunition. All deals are strictly cash; Brescia internet point. The money was mainly sent to Middle East also launders money via a banker Afghanistan and Pakistan by citizens of those friend and shell companies.29 US Army reports countries, but those citizens did not have any say Tony’s company, Brixia, made spare parts for ‘official’ source of income, and the owners of the weapons and smuggled them across the Middle ‘ghost’ internet point were Pakistanis.28 The probe East for re-assembly and sales. He reportedly sold exposed a network of money transfers often linked pistols and machine guns to Daesh through Turkey. with shops unconnected to financial exchanges Aided by the CIA and FBI, the US Army arrested (hairdressers or grocery stores). Tony in Afghanistan, but a sharp legal defence saw The value of the irregular transactions was him released with only a small fine; his shell

India Foundation Journal, November-December 2020 {57} companies (Tactica Ltd Afghanistan, K5 Global, legal advisor to SFJ, filed the complaint on October Bennet-Fouch and SIMAINT) continue operating 28 with the Office of Public Prosecutor of Gallipoli, in the Middle East. and sought the Captain’s arrest.33 He told the media that Article 13 of the Turkish Penal Code provides Caliphate and India that Turkish law shall apply to “inter alia the Turkey is emerging as a new hub for anti-India offences of genocide, crimes against humanity and activities after the tweaking of Article 370. This torture committed in a foreign country whether or goes far beyond its traditional support to Pakistan not committed by a citizen or non-citizen of at the OIC.30 Turkey”.34 However, Amarinder Singh visited the The Institute of Strategic Thinking and Lahore World War I Helles Memorial unmolested, and Centre for Peace Research organised a dismissed the SFJ threats as “publicity seeking conference on Kashmir (November 21, 2019), in stunts”.35 Ankara, where the Indian action was condemned. Shah Faesal, who resigned from the IAS and The invitees included Pakistan Senator Sherry founded a political party, the J&K Peoples Rahman, former diplomat and chairman of the Movement, was detained at Delhi airport while Lahore Centre for Peace Research, Shamshad trying to take a flight to Turkey in August 2019. Ahmad Khan and UK-based Kashmiri lobbyist An unnamed official of his party told media that Lord Nazir Ahmad.31 Turkey supported Pakistan Faesal was going to the International Court of in the Financial Action Task Force (FATF) and Justice (ICJ) to file a case against India for revoking UN General Assembly where Erdoðan said the Article 370 in Jammu and Kashmir when he was world has not paid proper attention to Kashmir, arrested and sent back to Srinagar.36 and the issue has to be resolved through “dialogue Experts believe that like Pannun, he hoped to on the basis of justice, equity, and not through use Turkey’s laws as individuals cannot file cases collision”.32 (September 25, 2019) in The Hague; possibly Islamabad would then use Turkey has universal jurisdiction laws as part that to take the Jammu and Kashmir issue to the of its domestic laws that Khalistani separatists tried ICJ. Pakistan Prime Minister Imran Khan tweeted to invoke to embarrass India. In October 2018, on August 15, 2019: “Will world silently witness Sikhs For Justice (SFJ) filed a case against Punjab another Srebrenica-type massacre & ethnic Chief Minister Capt. Amarinder Singh when he cleansing of Muslims in IOK? I want to warn visited Turkey to pay homage at Gallipoli to soldiers international community if it allows this to happen, from the First Patiala Infantry Regiment (now 15 it will have severe repercussions & reactions in Punjab) on the centenary of the War. The Captain the Muslim world setting off radicalisation & cycles served in this regiment in the Indian army. SFJ of violence”. Srebrenica witnessed the 1995 alleged torture of activists detained in Punjab for genocide of over 8,000 Bosnians by the Bosnian canvassing for the separatist Khalistan Serb army. There has been no massacre of ‘Referendum 2020’. Gurpatwant Singh Pannun, Kashmiri Muslims in India, but the tweet suggests

{58} India Foundation Journal, November-December 2020 a possible ISI hand in the aborted Turkish arrived. Its central bank has exhausted nearly one- escapade. India will have to keep a close watch third of its foreign exchange reserves; the wars in on the 21st century incarnation of the caliphate. Libya and Syria have further crippled economic The one thing that can checkmate Erdoðan’s recovery. In an ominous development for Erdoðan, caliphate dream is the sinking Turkish economy, the AKP lost major municipalities in 2019, including with the Lira falling 20 per cent against the US Ankara and Istanbul, and the opposition parties dollar. Erdoðan attributed the decline to the have made economic development and corruption Coronavirus pandemic and the devastating in the AKP their principal electoral planks. Given explosions in Beirut, but the fact is that Turkey’s the regime’s claims of presiding over a “strong economy was in doldrums long before the pandemic economy”, recourse to the IMF is ruled out.37

References: 1 Asian Warrior, Hagia Sophia: Ottoman Revival, July 13, 2020. https://www.asianwarrior.com/2020/07/hagia-sophia-ottoman-revival-erdogan.html 2 Dawn, Who is the leader of the Muslim world?, Nadeem Paracha, August 23, 2020. https://www.dawn.com/news/1575905/smokers-corner-who-is-the-leader-of-the-muslim-world 3 WION Web Team, Turkey President Erdogan rakes up Kashmir issue in Pakistan Parliament, Feb 14, 2020 https://www.wionews.com/south-asia/news-update-breaking-Turkey-President-Erdogan-rakes-up-Kashmir- issue-in-Pakistan-Parliament 4 Dawn, ‘No difference between Gallipoli and occupied Kashmir’: Erdogan stands by Pakistan in Parliament speech, Javed Hussain, February 14, 2020. https://www.dawn.com/news/1534429/no-difference-between- gallipoli-and-occupied-kashmir-erdogan-stands-by-pakistan-in-parliament-speech 5 RT, Following Hagia Sophia’s conversion to mosque, Russian MPs want Turkey’s disused Orthodox churches under Moscow’s control, Jonny Tickle, July 16, 2020. https://www.rt.com/russia/494970-russian-mp-turkeys-disused-churches-moscow/ 6 Reuters, After Hagia Sophia, Erdogan reconverts Turkey’s historic Chora church to mosque, Aug 22, 2020. https://m.hindustantimes.com/world-news/after-hagia-sophia-erdogan-reconverts-turkey-s-historic-chora- church-to-mosque/story-aE0YyGSM57oSED7iqPvc2J_amp.html?__twitter_impression=true&s=03 7 Engdahl, F. William, Turkey’s Erdogan From Haga Sophia to the Shores of Tripoli and Beyond, July 30, 2020. https://journal-neo.org/2020/07/30/turkey-s-erdogan-from-haga-sophia-to-the-shores-of-tripoli-and- beyond/ 8 Engdahl, F. William, Turkey’s Erdogan From Haga Sophia to the Shores of Tripoli and Beyond, July 30, 2020. https://journal-neo.org/2020/07/30/turkey-s-erdogan-from-haga-sophia-to-the-shores-of-tripoli-and- beyond/ 9 Al Arabiya, ANALYSIS: The Nazi roots of Muslim Brotherhood, Tony Duheaume, June 27, 2018. https://english.alarabiya.net/en/features/2018/06/27/ANALYSIS-The-Nazi-roots-of-Muslim-Brotherhood 10 Timeline, The Nazis, with the help of an Arab cleric, used Islamic extremists as a tool, Louis Anslow, Apr 7, 2017.

India Foundation Journal, November-December 2020 {59} https://timeline.com/nazis-muslim-extremists-ss-6824aee281d2 11 Engdahl, F. William, Turkey’s Erdogan From Haga Sophia to the Shores of Tripoli and Beyond, July 30, 2020. https://journal-neo.org/2020/07/30/turkey-s-erdogan-from-haga-sophia-to-the-shores-of-tripoli-and- beyond/ 12 Al Arabiya, ANALYSIS: The Nazi roots of Muslim Brotherhood, Tony Duheaume, June 27, 2018. https://english.alarabiya.net/en/features/2018/06/27/ANALYSIS-The-Nazi-roots-of-Muslim-Brotherhood 13 See Norman Gershan, Besa: Muslims Who Rescued Jews during World War II, 2006; Fariborz Mokhtari, In the Lion’s Shadow: The Iranian Schindler and His Homeland in the Second World War, 2012; Robert Satloff, Among the Righteous, 2006; Karen Gray Ruelle and Deborah Durland Desai, The Grand Mosque of Paris: A Story of How Muslims Rescued Jews During the Holocaust, 2012; Joëlle Allouche-Benayoun, Perceptions of the Holocaust in Europe and Muslim Communities: Sources, Comparisons and Educational Challenges, 2013, and Michael Laskier, North African Jewry in the Twentieth Century: The Jews of Morocco, Tunisia, and Algeria, 1997. 14 New Republic, Muslim Brotherhood and Nazi Germany, Jeffrey Herf, May 12, 2011. https://newrepublic.com/article/88104/muslim-brotherhood-anti-semitism-israel-egypt 15 The Role of Muslims and the Holocaust, Mehnaz M. Afridi, Aug 2014 https://www.oxfordhandbooks.com/view/10.1093/oxfordhb/9780199935420.001.0001/oxfordhb- 9780199935420-e-005 16 New Republic, Muslim Brotherhood and Nazi Germany, Jeffrey Herf, May 12, 2011. https://newrepublic.com/article/88104/muslim-brotherhood-anti-semitism-israel-egypt 17 Al Arabiya, ANALYSIS: The Nazi roots of Muslim Brotherhood, Tony Duheaume, June 27, 2018. https://english.alarabiya.net/en/features/2018/06/27/ANALYSIS-The-Nazi-roots-of-Muslim-Brotherhood 18 Erdoðan’s Ambition for the Caliphate and the Failure of Turkish Democracy, Aydogan Vatandas, June 25, 2018. https://consortiumnews.com/2018/06/25/Erdoðans-ambition-for-the-caliphate-and-the-failure-of-turkish- democracy/ 19 Erdoðan’s caliphate dream put in motion in Turkey, Abdullah Bozkurt, November 27, 2018 https://stockholmcf.org/commentary-Erdoðans-caliphate-dream-put-in-motion-in-turkey/ 20 Erdoðan: Self-Proclaimed Caliphate?, Cynthia Lardner, June 29, 2017 https://intpolicydigest.org/2017/06/29/Erdoðan-self-proclaimed-caliphate/ 21 Ahval News, Turkey accepted China’s extradition request for Uighur man – report, May 20, 2020 https://ahvalnews.com/turkey-china/turkey-accepted-chinas-extradition-request-uighur-man-report 22 RT, Greece & Egypt sign deal on exclusive economic zone amid tensions with Turkey, August 6, 2020 https://www.rt.com/newsline/497297-greece-egypt-economic-turkey/ 23 Dorsey, James M., Palestine plays regional power politics with proposed energy deal, July 14, 2020 https://mideastsoccer.blogspot.com/2020/07/palestine-plays-regional-power-politics.html 24 Al-monitor, Egypt announces international anti-Turkey alliance, George Mikhail, May 31, 2020. https:// www.al-monitor.com/pulse/originals/2020/05/egypt-anti-turkey-alliance-libya-mediterranean- waters.amp.html?skipWem=1&__twitter_impression=true&s=09

{60} India Foundation Journal, November-December 2020 25 Malaysia kicks off Islamic summit with PM Mahathir denying talk of new Islamic bloc, December 19, 2019. https://www.straitstimes.com/asia/se-asia/malaysia-kicks-off-islamic-summit-with-non-saudi-aligned- countries-in-attendance 26 Progress of non-Muslims ‘left us in lurch’, Malaysia tells Islamic summit, Joseph Sipalan, Rozanna Latiff, December 19, 2020. https://www.reuters.com/article/us-malaysia-muslimalliance/progress-of-non-muslims-left-us-in-lurch- malaysia-tells-islamic-summit-idUSKBN1YN0EU 27 Italy arrests network accused of money laundering and financing jihadists, Anti-Corruption Digest, May 11, 2018. https://anticorruptiondigest.com/2018/05/11/italy-arrests-network-accused-of-money-laundering-and- financing-jihadists/#axzz6CP8TiGCe 28 Pakistan-Italy Terror Funding Link: Why Shady Dealings in Brescia?, Francesca Marino, November 22, 2019. https://www.thequint.com/news/world/hawala-terror-funding-jihad-networks-italy-brescia-pakistan- immigrants 29 How Brescia Middle East is laundering crime money collected from selling weapons to terrorists, Lebanon 247 News, January, 24 2019. http://news.lebanon247news.com/Lebanon_247_News/Politics_Law_Society/Chief_Editor/24_01_2019/ 24_01_2019_06_25_00.html 30 Erdogan’s Kashmir Activism Stems From Islamist Ambitions, Abhinav Pandya, February 10, 2020. https://swarajyamag.com/politics/erdogans-kashmir-activism-stems-from-islamist-ambitions 31 Recep Tayyip Erdoðan’s recent activism on Kashmir is motivated by Turkey president’s Caliphate dreams, Abhinav Pandya, November 25, 2019. https://www.firstpost.com/world/recep-tayyip-Erdoðans-recent- activism-on-kashmir-is-motivated-by-turkey-presidents-caliphate-dreams-7695671.html 32 Erdogan support for Pakistan on Kashmir at UN an outcome of downswing in India-Turkey ties, Nayanima Basu, September 26, 2019 https://theprint.in/diplomacy/erdogan-support-for-pakistan-on-kashmir-at-un- an-outcome-of-downswing-in-india-turkey-ties/297376/ 33 Indian Express, SFJ files complaint against Captain Amarinder Singh in Turkey, to seek arrest warrant, October 30, 2018. https://indianexpress.com/article/cities/chandigarh/sfj-files-complaint-against-captain-amarinder-singh-in- turkey-to-seek-arrest-warrant-5424315/ 34 See Articles 76 and 77: https://www.legislationline.org/download/id/6453/file/Turkey_CC_2004_ am 2016_en.pdf 35 Indian Express, Found no trace of SFJ at Gallipoli: Punjab CM Amarinder Singh, October 31, 2018. https://indianexpress.com/article/cities/chandigarh/found-no-trace-of-sfj-at-gallipoli-punjab-cm-amarinder- singh-5426259/ 36 New Indian Express, Shah Faesal planned to take Kashmir issue to ICJ: Sources, August 17, 2020. https://www.newindianexpress.com/nation/2019/aug/17/faesal-planned-to-file-case-at-icj-2020114.html. 37 New Eastern Outlook, Turkey: The Political Economy of Hagia Sophia, Salman Rafi Sheikh, August 13, 2020. https://journal-neo.org/2020/08/13/turkey-the-political-economy-of-hagia-sophia/

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India Foundation Journal, November-December 2020 {61} ECONOMY Modern Economics and Monetary Theory: Cryptos and Digiyuan Deepak Loomba*

ashionable topics are obscure. The 256 bit crypto-keys (an alphanumeric code) from information available on fashionable topics the collective data submitted, and then including is often more by factors than the this key generated in previous sessions as part of F the data submitted in every next session. Entry is information supplied. Means, a lot of information is concocted on the go. Who does not want to be made in a commonly available ledger, which makes associated with something that is considered such entries immutable and hence safe. There is important? Cryptos are today in thousands with no limit on the volume of data, and each submission Bitcoins and XRPs leading the way. Through this process includes the previous key. article we will examine all different aspects of The Blockchain carries none of the data, which cryptos. may be left with anyone including the initial owner. Only the block keys are noted in the Blockchain. Technology Each blockchain entry every few minutes or Usually cryptocurrencies are created using a seconds is shared amongst and machine-accepted technology called blockchain, though not all by all the participants of the main blockchain cryptocurrencies are blockchain-based. So what participants, called nodes. is a blockchain? It is a mechanism of generating In bitcoin, the data that forms the bitcoin is

ANY ANY ANY ANY AMOUNT OF AMOUNT OF AMOUNT OF AMOUNT OF DATA 1 DATA 2 DATA 3 DATA 'N'

*Deepak Loomba is Chairman of De Core Nanosemiconductors Limited, Gandhinagar, Gujarat. {62} India Foundation Journal, November-December 2020 ‘mined’ (discovered by solving a mathematical What is Money? computational problem), which keeps on getting Believe it or not there are different schools of more and more tedious, difficult, hence time & thought on what is money. There are classical energy consuming, constantly enhancing the cost schools and now there is Modern Monetary Theory of the mining of bitcoin. Other cryptos have (MMT) and another labyrinth of ideas as to what different mechanisms. is money. To avoid drowning my readers in this ontic ocean which has as much economic theory Is Blockchain and Cryptocurrency one as history in it, I draw upon the current simple and and the same thing? superficial definition. “Money is an obligation Not really. Blockchain is a technology that can undertaken by the Reserve Bank of India to be used for any purpose. Indeed it is being used exchange a submitted currency note for another today for invoicing, legal documents, notary stamp one of the same number.” The INR100 note, if papers, for smart contracts (discussed ahead), and brought to the Reserve Bank of India (RBI) will even software creation. The applications are be exchanged for another INR100 note. That is myriad. Within so-called cryptos, there is Bitcoin, all that RBI undertakes as an obligation. You don’t which is a full fledged cryptocurrency and beyond get gold or USD or sacks of wheat. Just another any legality or illegality as it has no promoter, no note for the one you submitted back. A currency operator, no server and is collectively managed by note, therefore is an undated promissory note (debt the people who own it. ‘XRP’ of Ripple Labs, which obligation) of the exchequer. is also cryptocurrency is completely legal and is used for international inter-bank payment What backs the fiat? settlements (prospective competitor to SWIFT) at Nothing other than the revenues of less than 50% of the current costs. Hence, a large Government, which most often are less than their number of banks globally (300+) are subscribers expenditure in most nations. to their service. XRP operates completely legally So am I holding shares of a loss making as a software based settlement system amongst enterprise? banks and at last count had a market cap of USD Thematically, yes. But in practise it is slightly 11.35 billion. different, especially with a monopoly like a Furthermore, there are more and more crypto- Government. They can afford to run losses and based products, which are not currencies. With be credible. varied alterations in the underlying blockchain Why can’t (don’t) Governments run technology, they are ending up in the market almost proficits (Revenues exceeding expenditure) at the rate of few numbers a week. Therefore it is rather than deficits? important that in the context of this article, Blockchain This has nothing to do with economics. It is refers to a technology, Crypto refers to any class more about politics and social theory that a nation of digital asset or instrument financial, legal or adopts. Proficits are run by only two types of other, while Crypto-currency refers to a blockchain nations: (a) Some relatively small and extremely based money or money equivalent. To unravel the conundrum that crypto and the information haze rich European nations (not touched by the two around it represent, let’s go back to first principles. world wars of the last century) with colonial

India Foundation Journal, November-December 2020 {63} resources left over from 300 years of plunder of altruism, I concede running some fiscal deficit is Asia, Africa and South America and with high per okay. Let the poor be assisted without harming capita income along with lowest standard deviation the rich (that is the motto of fiscal deficits). But it in per capita income can afford to be proficit states should be within sensible limits. I desist from (they need little public welfare); (b) Those whose recommending those limits as that is not the subject equity (treasury obligations of the sovereign) on matter of this article. But one ratio that no one the international debt markets takes a major hit ever publishes is the proportion of fiscal deficit and in a bid to shore up their reputation, they caused by Govt.’s expenditure on sustaining itself. become like a big company for some time. Russia Here I have problems, because if this ratio is high, is one of few such examples after the sovereign it is nothing but a Venture which has raised angel debt default on 17 August 1998 by the Sergei investment and is spending money not on the Kirienko Government. business that generates revenues, but on high Sensible, good-health States are those that salaries and fancy cars. ensure zero proficit. This is sensible as any good How are Govt bonds different from those state with its means to raise money anytime from issued by large corporations? the domestic and international markets or print its Just as the Govt. can never default on own, should ideally run like a not-for-profit venture. payments in national currency, they can tap on a Welfare states are different. They believe that computer a few times and generate as much money current inequality in availability of resources among as required to honour the bonds. But the question their population and the resources that they require remains: what will the money mean to the bond to run themselves (the Govt.) and build holders, if it is devalued? This brings us to a very infrastructure and defence, should not be extracted critical juncture; what are the bond holders back as taxes from the rich and affluent, but should wanting? Is it Money (irrespective of what that be extracted as Treasury Bonds from the rich so money stands for) or Value? This question is that it keeps on lying on their balance sheets as an relatively difficult to understand and answer. asset. Please know that every individual who has Because the bond holders are investing to avoid even INR 100 deposited in a bank, has Government devaluation of their holdings. But in case the yield assets on his personal or organisational balance on a bond is fully compensated by inflation, the sheet. It’s just that he does not know about it (it bond holder is actually reducing the worth of his happens through Banks, who are bound to buy T- money. Therefore, bonds of a very well managed Bills and maintain SLRs). In venture investment corporation are safer than poorly managed business, there is a simple mechanism to evaluate Government bonds. This brings us to the other anything, anytime. It is called, “see the exit value”. painful incongruence that exists—Credit Ratings. If the Govt. of a nation goes belly up (it happens Credit ratings of a legal entity cannot exceed the all the time, in one or other country in the world, so sovereign credit rating of the jurisdiction. This it is not a Black Swan event), what is the value of principle is followed by most rating agencies. This the T-Bills? Actually, little. sounds theoretically sensible but has proven to be Back to the modern welfare state, it replaces wrong in innumerable cases the world over. high taxes with the Govt. obligations, thereby giving Currently, there are innumerable corporations in a win-win, feel good effect. For purposes of Spain and Italy, whose credit rating should be better

{64} India Foundation Journal, November-December 2020 than the corresponding Governments. This is a typical case of an insurance event, when emotion is let to govern the rational. Governments tend to provide a sense of security from the legislative and authoritative powers they possess. What are limbic and cerebral markets? Limbic economies are those where demand precedes and triggers supply. Cerebral economies, conversely, are supply-initiated demand triggered. Modern Market Theory & the need for all powerful sovereign The foundations of the theory that Governments are all powerful printers of currency, are flimsy. Indeed, the fact that firms can be more credible then the Governments in certain circumstances (I again quote Italy & Turkey as an example, where some Credit Rating Agencies decided to place companies ahead of countries) is itself a proof of this theory’s faultiness. In reality, in today’s globalised world, governments are economic agents like corporates. Yes, they are more powerful and in monetary economics, power = capability to manipulate or better said, power = capability of harmlessly-managed for oneself deviation by induction, from the spontaneous. To finally come to the crypto and its logic, it is important to understand debt, which is of two kinds: Sustainable [maintains economic balance] and Unsustainable [promotes economic dis-balance].

India Foundation Journal, November-December 2020 {65} In an informationally-transparent-market, ‘sustainable debt’ is the difference between demand and supply. Please note; it is the difference, irrespective of whether supply exceeds demand or vice- versa. The gap, whatsoever, among the two is sustainable debt without causing inflation or deflation (major change in prices). It is important to note that these gaps occur simultaneously in economies. In certain sectors, demand exceeds supply; in others, supply exceeds demand. ‘Sustainability’ manifests itself in the stability of the value of money. When supply is more, either the prices will fall (unsustainability) or people have to be provided debt to buy more + their consumption habits have to be ramped up substantially. Since the situation highlighted in the previous image is unsustainable, therefore one of the below mentioned two cases are chosen, depending on whether one is a deflating non-growth cerebral economy or a non-deflating growing cerebral economy.

{66} India Foundation Journal, November-December 2020 If demand is more than supply, one of the below mentioned are chosen. The 2nd on foresees providing debt to firms to ramp up production.

It is important to note that the complexity in an economy happens owing to simultaneous occurrence of all four mechanisms concomitantly, when specific sectors are a combination of cerebral/limbic, inflationary/deflationary/non-inflating in an economy. The complexity is a gaussian curve. Completely underdeveloped (usually limbic markets) and highly developed (usually cerebral markets) have clear choices. It is indeed the ones in the middle that face high-complexity choices and ideally very sector focused approach in policy making, which, if absent, will leave desired high growth a pipe-dream. Conclusively, it is only social habits on one side and the innovative capabilities of the firms on the other that are constraints to growth. It is important to underline that demand (includes that which is domestic in origin as well as that generated by exports) and supply too is for both domestic market as well as imports. Debt is growth, not money. When either supply or demand exceed the other, it leads to either people getting debt to buy more (with sustainable inflation in supply excess), or firms getting debt to produce more (in case of excess demand). “Money on the contrary is just another financial commodity and nothing more. It is subject to the same equilibrium economics as wheat or rice are.”

India Foundation Journal, November-December 2020 {67} Modern Monetary Theory (MMT), often economists. And they might be partly right in saying referred to as Post-Keynesian Economics, that once bitcoin is treated as a digital asset, its assumes that Government’s money printing behaviour shall be no different from other similar capability is the compensatory mechanism, keeping asset forms. The major caveat that is unaddressed Government as a superseding mechanism over and is the information plane. Information is the medium above the economic agents—almost like a and milieu of all economic theories. If the puppeteer. The fact however is that owing to legal information milieu changes dramatically, one might and judicial parity that is available in India and most have a completely new set of substantially altered democracies between Govt. and non-Govt. entities economic equations. in the eyes of law; Govt. is just another economic Bitcoin is excellent electronic money that agent, though with additional powers like emission finishes the rigging capability of individual states. of currency. The proponents of MMT especially It does exactly the same job as money, but the in the United States are advocates of a superseding other way round: the total issued bitcoins are limited and unquestionable powers of the Govt. Worse, to 21 million. Therefore, if the entire world shifts they believe in collective rationality and aptitude to bitcoins, one will need no more economists as of Government. The latter is the most challenging the growth of the world economy will be the growth and in some cases dangerous assumption, as in the rate of bitcoins—as simple as that! systems like those of Government do not follow For ease of use, Bitcoin can be endlessly rationality, they create their own rationality and reduced in denomination. It already has satoshi are hence, subject to the most irrational owing to (The smallest bitcoin currency); then it will be milli- cultural frames of operations to which they are satoshi, micro-satoshi and so on, as technology subjected. allows for constant reduction of this denomination It is interesting that Bitcoin & Crypto- as per need and rise of the value of bitcoins. It will currencies usually lie out of the purview of MMT. be an ideal capitalist, competitive economic model. Proponents like Randall Wray, Mathew Forstater Furthermore, while it will give a major startup and Stephanie Kelton speak little on crypto or reject advantage to the US, Europe and Japan; it will be it as non-serious phenomena. I furthermore believe a level playing field for the future. Because those it is purposefully propped as it provides US Govt who produce more of the needed and desired will and extraordinary capability to manipulate & win, irrespective of its location. In future, it will tilt manoeuvre at the cost of others. MMT lends more in favour of those nations, which are less costly economic credibility & authority to the US Govt for production. It will therefore be a self-balancing than that, which is true. mechanism, based on unemotional merit-based capitalism. This is quite in contrast to the Crypto and the New Economy superseding sovereign that MMT proposes. All the aforementioned were important to be understood by first principles for the understanding What is so exciting about Cryptos? of Crypto’s role in making a new economy happen. The development quotient of a nation can Bitcoins are beyond the patience of most traditional indeed be estimated from the higher proportion of

{68} India Foundation Journal, November-December 2020 electronic payments vis-à-vis paperback. opaque or completely transparent along with Electronic money clearly identifies the payee and automated reporting of various types of the payer, making it relatively difficult to evade transactions including those which could be taxes, making money cleaner. Most transactions tantamount to corruption. in North America, Europe and developed East Asia 6. Critically, crypto-currency when programmed are electronic. Nevertheless, crypto-currency is as a smart contract has the capability to work very different from all existing electronic money on its own without any action required to be transactions. It is important to observe that crypto triggered by the owner. It technically could currency is not one uniform lot in terms of become the Letter of Credit of the 21st century. technology. There are innumerable different 7. Open electronic marketplaces make it extremely technologies that are used for creating crypto easy for the end user to transfer or exchange currencies. Therefore, we focus on the minimum this currency globally, as all it needs is an internet common denominator which is invariably available connection to be accessed or used. in every type of crypto currency. Following are 8. Offline transfer of cryptos is possible. Indeed it the crucial features of crypto currency qua is even possible to print cryptos as tangible cards electronic money: or tokens for easy offline interactions, which 1. Electronic transaction ledger rests with are accounted for once the transaction jumps everyone. There is nothing to steal. And at the over from offline back to online. current level of computing technology, the ledger 9. Very importantly cryptos can(not) be made is immutable. traceable. Traceability could bring in a new dawn 2. Block chain does not require any central agency, of new economics, as lots of theories that authentication or trust centre (like banks) that economists have devised are actually for authorises or underwrites a transaction and predicting behaviours to ultimately understand charges a commission on the same. Since a the flow of money in an economy. Crypto can common ledger of entries is available, changes, provide economists and data analysts if any made, are available for everyone. A instantaneous understanding of currency vis-a- simple analogue would be sharing a Google vis hundreds of markers, including the capability spreadsheet, such that each participant can to see which sector has how much monetary make changes in the spreadsheet, but the gravity and what is the sector-wise rate of changes are validated only when each monetary circulation. This could, therefore, open participant agrees to the proposed change. the tummy of economics for relationship 3. Crypto-currency can be issued in lots, such that dynamics and knowledge. Relationship dynamics different lots are governed by different rules. means the capability to see how, which Therefore, it is possible to create multiple relationships and dependencies are changing and currency types pretty quickly. by how much. 4. If required, the issuer can exert control over Aforementioned are pretty much the most the currency even after it is issued. gravitational changes that block chain brings to 5. Crypto currency can be created to be completely money vis-à-vis existing electronic money.

India Foundation Journal, November-December 2020 {69} Need of a smartphone for carrying crypto- has had an undulating beginning. China therefore, currency is a misnomer amongst the masses. It is knows it needs to now grow its domestic market. only partly true. All crypto money is computed, Secondly, it needs a performance spurt. Weeding binary money. A computing device is required only out corruption is a major efficiency exercise. It for transactions, especially those where one is a can easily add 1-2% points to growth annually. sender (not a recipient) of crypto-currency, quite Besides which, it will have a cascading impact on like existing electronic money. Secondly, there is a a number of other aspects of economic, social, possibility of creating very cheap electronic-wallet cultural and political life. It could also create a devices or cards that connect electronically and renewed interest in China as a great clean large independently or parasitically (when in proximity market to invest and do business. or connected to a terminal, without its own display, China is a single party authoritarian regime. like cards). These wallets can be produced so Such a regime has complete control over national cheap that they can be provided free of cost by resources and can legally draw resources for its Governments to all its citizens. Pretty much like sustenance. The Party is the Government and the Banks give away debit cards along with hence everything belonging to the Government account opening. belongs to the Party. Therefore, institutional corruption, which in democracies exists through Launch of DigiYuan and its business-political quid-pro-quo for politicians to repercussions on the World access resources for electioneering is not required. COVID-19 has eclipsed another momentous Corruption in such ‘institutionalised authoritarian’ event—China launched its crypto-currency in May nations is a result of an individual human’s 2020. An official crypto-fiat built around block- propensity to monetise power for richer living or chain is very different from cash or electronic for accumulating further additional power. The money that exists today in mobile wallets and bank word ‘institutionalised authoritarianism’ stands for accounts. Through this article, we first understand one in which the public and the ruler are in an the disparity between existing electronic money equilibrium that is discovered through decades long and block chain based crypto-currency, followed struggle amongst them, such that the endurance by the impact that Chinese DigiYuan could and reliability of such regime is as high as that of potentially have on China and the world. democracies, while those aspects of living, which In context of all the aforementioned, China’s free societies term as ‘absence of freedom’, are launch of its crypto-Yuan is very significant. China so deeply impregnated into the cultural fabric of achieved the status of an upper middle income the nation that they no more seems authoritarian. nation through prudent use of its inexpensive work “Socio-political freedom has no absolutist force, making itself into the factory of the world existence or features, it is a bargain within the and through financial policies that let it grow at an cultural context of a nation.” astronomical pace. It now clearly sees that By slowly replacing paper money with a crypto depending on export for the next push in growth is currency, China will be able to gradually weed out not possible. Concurrently, One-Belt-One-Road close to all individual corruption, technologically.

{70} India Foundation Journal, November-December 2020 This could lead to a much better performance, Putin, who has dominated the Russian mind space better economic efficiency and better image of for the last two decades. China has two very large China. Furthermore, a stable China with easily neighbours—India in the South and Russia in the available Digi-Yuan for international transactions, North. It is clear that China has learnt to deal with could in no time become an international transaction both adeptly. Russia is treated with equity and currency, though it might never become a reserve respect, something Europe and America failed to currency for the same political reasons of provide Russia. Russia with its large pool of opaqueness and authoritarianism. This will grossly resources and a sensible size economy will be a impact the current status of US Dollar as the world major target market for DigiYuan as the world money (currency of exchange and transaction) as money (transaction currency). Reasons are simple well as the reserve currency. While the US Dollar and straight: Euro, does not want to be one, Ruble will still retain the status of reserve currency; but cannot be one, so what is left is the US dollar that the world money status might quickly decouple Russia dislikes and Digi-Yuan, which it will perhaps itself from the US and agglutinate to China. As adopt and accept. mentioned above, a clean and transparent China Africa, some parts of Asia (Iran, Pakistan will also attract attention and a second wave of etc.), S. America and all those being supported by investment. Where does it leave us in India, Russia, China will have little issues with use of DigiYuan. Europe, the US & others? Europe is orphaned, with identity lost to America, Remember the 70s? The US and China built a a lukewarm European United Front and seller-buyer relationship that thrived for almost four contradictions within. They surely do not stand to decades. China will now build one with the compete with China. And individually, not developing nations of Asia, Africa, South Europe collectively, (as EU) will subscribe to DigiYuan as and South America. These nations will become a transaction currency. Having said the the projections of Chinese power and rich in aforementioned, Europe will have a positive, but DigiYuans. Quite like China became rich in US cautious approach rather than a camaraderie with Dollars and only now understands that it was China. fooled for exchanging its natural resources for a The US might subsequently be left with only song and four trillion American promises. In this, India and the Middle East (till the monarchies don’t India has been much more intelligent than the die along with oil, which though not immediate, but Chinese; we exploited resources for ourselves, is now apparently declining on the horizon). China ravaged them for the US! Australia, Canada and the UK are too small and Russia faces a lot of internal challenges, most inconsequential separately, while their colonial past crucially lack of ideology. Socio-culturally, Russians will never let them unite. India is seen to be of no are very different from both Asians and Westerners. bother currently, as the democratic contradictions They operate most efficiently when provided a within India are seen as a safety valve that will common, clearly identifiable, ideal. Happiness and never make India a threat for China. Assisted by prosperity for all has not really cut ice with Russia, the US, brooded over by Europe and politically no notwithstanding repeated propositions of President more a push-over, could India gain from the current

India Foundation Journal, November-December 2020 {71} COVID crisis by being the other large market for present day), along with identification of the holder, sourcing, manufacturing, selling and exporting? most of these economic theories will be facts, A popular Digi-Yuan will force other nations rather than hypothesis in flux. What trickles down, including India and the US to issue their own crypto- what does not will be transparently visible and will currency. With all crypto-currencies freely available cease being a matter of expert guesses and on the internet, transferred without intermediary debates. This will enable a completely new type and state control, coupled with a very high level of of development economics to be born in China. universal awareness and connectedness amongst Akin to shooting a guided-missile, bang on target, people of the world, the globe is poised to be more rather than hurling tens of unguided projectiles, this dynamic than ever. So brace for the change. development economics will be highly directed for With Digi-money issued as a smart contract, the target population (directly or indirectly). the role of banks as medium of trust will be annulled Pilferage shall be marginal. Upliftment of completely. Would all money be crypto money, the underprivileged will be dramatically catalysed. And role of banks will be reduced to asset management China will be driven into a new unmatched league companies. Furthermore, with ever expanding role of its own. And all this seems to be happening of relatively better algorithmic scrutiny and rating with their decisiveness. So brace for it. along with an easily analysable record of crypto- So will India rise to the occasion? The tone of money, the role of Asset Management by Banks might the answer, like in any other democracy, will be also completely shift to data analytics and an AI decided by the people of India, the tenor by its system, which rates and assesses debtors, and leaders. India has always been more American provides the depositors to choose risk-return for than America. The best team work most Indians themselves; in other words, a new era of crypto- are capable of is when playing alone. Therefore, bonds is visible on the horizon. This will be an end to in some sense we are opposites of Russians. banking as we know it now. Each of the afore- Russians have immense capability to unify around mentioned elements are individually already evolving. an idea but are lacking great unifying ideas. India Another major impact of gradual introduction has great unifying ideas but lacks any desire in its and dominance of crypto-currency in China will people to be in unison. “Constructive Union is a be birth of new economics. Most Economics Nobel tendency of people to make an idea happen, Laureates (including Abhijit Bannerjee) would have Diversionary Union on the other hand is the spent their life gathering monetary and other data one that happens when people unite to avert a from the economic limbs of a society—individual calamity brought on them by nature or internal citizens—to see the impact of money, its or external forces. Such unions are nothing but distribution, its circulation speed etc, to verify the acts of collective survival. They are instinctive, causes of trickle-down effect, if one exists. With not strategic.” There will be other outcomes of complete traceability in crypto (one can, in one Crypto introduction, which includes automation of click, trace all the owners of each and every single economics and a major replacement of economists Digi-Yuan from the day it was issued/mined to the by data analysts. 

{72} India Foundation Journal, November-December 2020