The Supreme Court upholding the withdrawal of Article 370 marks a critical moment in India’s legal history, and this is certainly a big victory for the prime minister Narendra Modi. Under his leadership, the BJP has one more feather in its cap as it goes to general polls in May 2024 which it is already favourite to win. The decision to revoke the region’s special status in 2019 by the union government was met with various responses, including legal challenges. Kashmiri political parties and civil society groups were quick to petition the apex court and seek the reversal of the decision. Court took four years to hear the case and pronounce the verdict.
The move to revoke Article 370, stripping Jammu and Kashmir of its semi-autonomy, was undoubtedly a contentious decision. However, the recourse taken by Kashmiri politicians to challenge this in court raises pertinent questions about their strategy. The legal battle waged by them, while seeking to contest the constitutional validity of the government’s decision, perhaps missed an opportunity for a more robust political struggle. They completely eschewed politics in favour of the easier legal challenge which, in hindsight, appears more out of convenience than a result of any strategy.
Complex political issues can’t and shouldn’t be outsourced to lawyers. Even when the political process resumed in Kashmir months after revocation of Article 370, other than an odd politician or two who tried to respond to the evolving situation, most others chose to play possum, behaving as if they didn’t exist. They literally threw ball in the court to avoid being on the wrong side of the altered state of affairs. This has been an abdication of leadership at a time when Kashmir needed it most.
The courtroom battle, while legitimate in a democratic setup, might have inadvertently diverted attention and resources away from a potentially more impactful grassroots movement. A political approach, fostering unity among diverse Jammu and Kashmiri voices, could have made a stronger case for the region’s rights within the framework of Indian democracy.
Going forward, it becomes imperative for Kashmiri leaders to reassess their strategies, fostering unity, and channeling efforts toward a more inclusive and comprehensive political engagement. This approach could involve dialogue, advocacy, and building consensus among stakeholders in Jammu and Kashmir, both within the region and in discussions with the central government.
At the same time, it’s crucial to acknowledge that legal battles alone might not address the deeper socio-political aspirations and grievances of the people of Jammu and Kashmir. And PM Modi by his direct handling of Kashmir over the past four years has shown that he understands what needs to be done to usher in the political and economic transformation in Jammu and Kashmir.
With the top court also batting for statehood and elections which it wants to be conducted by September 2024, the democracy is likely to be restored sooner than later. The court has also called for setting up the Truth and Reconciliation Commission on the pattern of South Africa. Should this be constituted by the government, this hopefully will lead to redressal of the scars and grievances accumulated over the past more than three decades and pave the way to a future less burdened by the past.
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