The deep import of the Article 370 verdict.

General Studies Paper – 2

Context:

• The Supreme Court’s judgment on the 2019 presidential orders in Jammu and Kashmir has wide-reaching implications.
• Overlooked aspects include varied regional impacts, security concerns’ acceptance, human rights violations, and the neglect of peacemaking.
• Moving forward, a new peace process and a return to the A.B. Vajpayee blueprint are suggested for resolution.

Background:

• Supreme Court judgment on August 2019 presidential orders discussed.
• Focus on implications for Jammu and Kashmir’s autonomy and division into Union Territories.

Key Points:

• Commentaries highlight impact on national issues, statehood, and presidential powers.
• Neglect of three crucial aspects: Ground impact, Court’s view on peace/security, and democratic implications.

On the Ground Impact:

• Varied reactions in different regions—ambiguity in Jammu, disappointment in Kargil, cautious welcome in Ladakh, and ominous sentiment in the Valley.
• Economic dispossession concerns in Jammu, majority Shia wishes in Kargil, and a desire for elected administration in Ladakh.
• Severe impact on the Valley, reinforcing a belief of resentment and silencing of Kashmiris’ voices.

Security Concerns and Court’s View:

• Draconian circumstances during President’s August 2019 orders not adequately acknowledged.
• Blanket acceptance of security concerns criticized;potential danger in unwarranted arrests and limiting policy debates.
• Neglect of the importance of peacemaking in resolving internal conflict.

Human Rights and Violence:

• Justice Kaul’s ‘epilogue’ acknowledges human rights abusesbut overlooks violations since August 2019.
• Rise in violence post-2019 contrasts with the decline during the 2002-13 peace process.
• Lack of emphasis on the lesson that peacemaking offers a better solutionto internal conflict.

Moving Forward and Blueprint:

• Suggestion for the Union administration toinitiate a new peace process.
• Recommendations include restoring statehood, holding elections, and returning freedom of expression.
• Acknowledgment of potential anger and the need for compassionate responses.
• Reference to the A.B. Vajpayee and Manmohan Singh blueprint for disarmament, demilitarization, soft borders, and autonomy.

Concluding Thoughts:

• The Supreme Court’s Jammu and Kashmir judgment holds vast implications, urging a critical examination of its constitutional, regional, and security dimensions.

The neglected aspects underscore the need for comprehensive reevaluation and future considerations.