Price for Surrendering in India

Claims, Counter-Claims

  • Syed Liaqat Shah was arrested from the Sanauli checkpost on the India-Nepal border on March 20 by the Delhi police
  • They say he was a Hizbul Mujahideen man, on his way to Delhi as part of a ‘Holi terror plot’
  • The Jammu and Kashmir police refutes this. They say Liaqat was a former militant on his way to his Kashmir home from PoK. According to them, he was a beneficiary of the state’s rehabilitaion policy for former militants.
  • The Centre has asked the National Investigation Agency to probe and resolve the dispute
  • It has now been decided to deploy J&K police, along with the Sashastra Seema Bal, on the Indo-Nepal border to streamline the surrender of ex-militants

Clip_33Withering words. “I won’t think twice if the government allows us to return to Pakistan,” says Akhtar-un-Nisa, the second wife of Syed Liaqat Shah who was arrested by the Delhi police as a “conspirator of a terror plot” to launch fidayeen attacks in the capital on Holi.

Akhtar, 47, is the best person to hear the story from: “We were among the 10 people returning from Pakistan to India via Nepal. Seven people were received by their relatives, no one came to receive us. They (special cell of the Delhi police) arrested us near the Indo-Nepal border and took us to Gorakhpur. They didn’t recover any objectionable item from us. We pleaded that we were going to Kash­mir under the rehabilitation policy ann­ounced by the Jammu and Kashmir government for militants who want to surrender, but they didn’t listen to us. I was later released in New Delhi.”

It’s become a full-blown controversy  that ref­uses to die down. Even in the face of criticism, the Delhi police is sticking to its claim that Liaqat is a Hizbul Muj­ah­ideen operative. The Jammu and Kash­mir police is firm in its position that he was a PoK-based ex-militant on his way to Kas­hmir for state-sponsored rehabilitation. At the very least, the affair exposes the lack of com­munication between the police of the two states, especially on the issue of sur­render and rehabilitation.

The J&K government has reason to be upset. It says its rehabilitation policy—which has the overt backing of the Union home ministry—has attracted over 1,000 applications, and has enabled 241 former militants to return to J&K from Pakistan in the past two years. One source of this  row is the route of return. Ex-militants are officially all­owed to return through four entry poi­nts—Poonch-Rawalakote, Uri-Muz­affarabad, Wagah (Punjab) and the igi airport, Delhi. However, none of the former militants, including Liaqat, chose to travel through these designated routes. They preferred the Nepal route—ostensibly because Pakistan (for obvious reasons) created hurdles in the policy’s implementation. The J&K government reluctantly allowed this for the sake of its pet policy. Of the men who have returned to start on a clean slate, including 113 who have brought their families along, several arrived in India via Kathmandu, after flying there on Pakistani passports.

Akhtar says she had travelled to Pak­istan on a valid passport in 2001 after her first husband died in an encounter with the army in 1995. Her physically chall­enged teenage daughter, Jabeena, who accompanied her to Pakistan and back, was from her first marriage. “In 2006, I married Liaqat, who ran a grocery shop at Muzaffarabad (capital of PoK)…he had abandoned militancy long back. We wanted to return to our roots to lead a happy life, but the Delhi police has played spoilsport. Now I won’t think again if they allow us to return,” a visibly shaken and disappointed Akhtar says.

The J&K government and the state police have confirmed that Liaqat was slated for the rehabilitation policy meant for ex-militants in Pakistan who had ren­ounced violence and wanted to ret­urn home. Liaquat’s first wife, Ameena Bano, submitted the required documents on Feb­ruary 5, 2011, in the deputy commissioner’s office in Kupwara, the town nea­­rest to Liaqat’s village, Dardpora, in north Kashmir. As the Kupwara police had no criminal case against Liaqat, it approved the application and forwarded it to the CID and other departments. Lia­­qat’s family duly informed the police about his probable date of return after he left Pakistan with his family.

“When the state government announ­ced that militants who had crossed the LoC will be allowed to return, we urged him to return along with his second wife and step-daughter,” says Ameena, who lives with her two sons. “My brother never participated in any militant activity in Kashmir,” says Liaqat’s brother, Syed Kar­amat Shah. “He was coming here to sur­render, and we were jubilant that he was returning after 18 years.”

The J&K government fears that Liaqat’s arrest might be a “big setback” to its sho­wpiece rehabilitation policy. “Other Kashmiris who want to come back to their homes under it will be discouraged,” says chief minister Omar Abd­ullah. Already there are reports that 15 former militants, all of them from Dar­d­pora, have second thoughts about ret­urning to the Valley after seeing what  Lia­qat is going through. “This includes two of Liaqat’s relatives. They have decided to reconsider their decision,” says local MLA Abdul Haq Khan.

Meanwhile, the Delhi police has bec­ome a figure of ridicule in the milita­ncy-hardened Kashmir valley—its credibility barely there after taking Liaqat (who is in his early 50s) for a ‘dreaded fidayeen’. Among those who picked holes in the Delhi police story is CM Omar Abd­ullah himself. “I have yet to see a fidayeen who returned holding the hands of his wife and daughter. Had he been a fidayeen, he would have grenades and guns in his hands,” Omar told the assembly in one of his rare broadsides against New Delhi.

Expectedly, the media in the Valley too has been rather scathing in its censure. A Kashmir Times editorial titled Fiction of Holi-terror plot had this to say, “The incident again highlights the misuse of authority and abuse of power by men in uniform, an obvious bid to win promotions and gallantry awa­rds or for someone’s political convenience.” A journalist wrote on Facebook: “My 12-year-old cousin on Liaqat’s arr­est: ‘This old man can’t handle a pis­tol, how would he have carried out a fidayeen attack?’”  Alluding to the Delhi police linking Liaqat to the recovery of arms and ammunition from a city guest house, he added: “Certainly, when India wants to implicate Kash­miris, guns grow even on trees”.

Mehbooba Mufti, president of the PDP, agrees. “Liaqat Shah’s arrest in Delhi indicates that the old industry of falsely implicating Kashmiri youth for sake of rewards and medals is thriving. Kashmiri youth have become a fodder for Con­gress-BJP electoral politics.”

In the past, around twelve Kashmiris, all arrested by the Delhi police on terror charges, had been declared innocent by the courts. Tragically, for the accused the clean chit came late; they had had to spend the prime of their life in prison.

No wonder everyone’s hoping for caution, maturity and restraint from New Delhi. A storm of protests in Kashmir—on the street and in the assembly—has forced the Union home ministry to ask the National Inve­stigation Agency to get to the bottom of the Liaqat affair, and check the circumstances of his arrest and the veracity  of the Delhi and J&K police’s opposing claims. Greater crises have blown over Kashmir. But they often have their origins in smaller bunglings.

Hanging of Afzal Guru: India Provided Another Martyr to Kashmiris

Clip_136The hanging of Afzal Guru, a local Kashmiri, has convinced many youngsters in J&K that the Indian state is ready to trample on their rights. There is open talk of rebellion on the internet. “Guru is martyred. Welcome to another 30 years of war,” says a Facebook post.

This is especi­ally because of the perception that Afzal  was not given a fair trial and executed by the Congress to appeal to Hindutva votes in 2014.

Scores of Kashmiris are in jails or in hiding after the 2010 ‘street intifada’. Silence over 125 civilian deaths due to police and CRPF action hasn’t helped. Police has filed FIRs in only 20 cases, while even minors have been punished in stone-pelting incidents.

At the political level, things are not moving forward. The New Delhi-Srinagar dialogue remains stalled for the past many years. Afzal’s hanging now ensures Hurriyat will stay away from talks at least for a couple of years. Polls due in Kashmir late next year.

Despite statements and promises, AFSPA continues to remain in force across the Valley and there seems little hope that the army will agree to any withdrawal, even partial. A complete withdrawal would have been a big confidence-booster.

The rise of Hindu terrorism and Hindutva across the country makes many Kashmiris sceptical about a safe future with and in India.

Kashmir has now got its second empty martyr’s grave. And somehow, the mere fact of it being empty gives it more resonance—as if an echo chamber has been added to that other one lying vacant, that of Maqbool Bhat. The one reason why Mohammed Afzal Guru’s body was not handed to his family was the fear that his grave would become a rallying point for anti-India sentiments in the Valley. That effect is all the more palpable in absentia—with his body lying secured and quarantined in a grave in Delhi’s Tihar jail. The hasty, early morning hanging of Afzal Guru has become a new inflection point in the Kashmir story—its violent history of estrangement and anger.

A little over a year away from assembly elections in the state, Kashmiris are glorifying Afzal as “a martyr of the nation”. Three days after his execution, they have dug him a grave next to Bhat’s at the Martyrs’ Graveyard Eidgah in Srinagar. And placed an epitaph similar to the one on Bhat’s: “Shaheed-e-Watan Mohammed Afzal Guru: His remains are lying with the Indian government as a trust of Kashmiri nation, and we await its return.” The Jammu and Kashmir Liberation Front founder too had been executed in Tihar—on February 11, 1984—and it’s next to him that Afzal now lies buried. Bhat’s hanging had marked a watershed in the history of Kashmir as a full-blown insurgency had broken out in the region five years later, with thousands of youth idolising him.

In Srinagar, so paranoid was the state machinery of history repeating itself that it tried to forestall it. The police removed his epitaph on Tuesday night, only to replace it a day later, fearing wider protests. On February 9, the day of the hanging, funeral prayers were held for Afzal across the Valley despite a strict curfew. Anti-India protests have not dimmed even five days after the event—a grim remin­der of the 2010 agitation. An indefinite curfew in place since Afzal’s hanging has not quelled it. Three young men have already lost their lives.

How this climate of anger will play out is a big question for the state government. In the long run, it’s the spectre of a spurt in militancy that will haunt J&K chief minister Omar Abdullah and most Kashmiris. Many are apprehensive that Afzal’s controversial hanging will reinforce the feeling of alienation among Kashmiris, with another generation turning towards militancy and pushing the Valley back into its recurrent nightmare.

Even Omar, despite his patchy record in handling mass psychology in Kashmir, seems to instinctively sense something is horribly wrong this time. “Like it or not, this has reinforced the point that there is no justice,” Omar had said in the aftermath of the hanging. “We will have to deal with how we can change that sort of alienation.” And then, also, that the immediate fallout was security-related and “far less challenging than the long-term effects”.

The nervy state’s worst-ever three-day censorship on local media hasn’t helped things either. Newspapers (about 50 hit the stands in Srinagar every day) suspended publication, citing orders from the authorities despite no written order being produced. And a population of seven million, cooped up indoors, remained virtually disconnected, with cable as well as mobile network and internet blocked.

It didn’t stop social networking sites from being flooded with talk of rebellion. At the forefront are young, educated, tech-savvy Kashmiris who have grown up amidst conflict, nurse a deep sense of alienation and bear a grudge against the Indian State.

“Afzal Guru is martyred. Welcome to another 30 years of war,” said Omar, a young doctor, in his Facebook post. “It was February then (when Bhat was hanged). It is February now. This is not the time to whip up passions, because the seeds for a fresh revolution have perhaps been sown by the oppressor itself,” said another post. These youngsters have replaced their profile pictures with slogans like ‘I am Afzal, hang me’, the background black, as a mark of protest.

Mohammed Altaf Khan, 63-year-old former schoolteacher and one of Bhat’s close aides, better known by his nom de guerre Azam Inqilabi (the great revolutionary), says he has “not even an iota of doubt” that Afzal’s hanging would incite a new generation of Kashmiris to pick up arms.

“Thousands of young Kashmiris came out on the streets during the 2008 and 2010 agitations,” he says. “They were convinced that non-violence would force India to find a permanent solution for Kashmir. But by hanging Afzal, Indians have sent a clear message that they are rash and brash in their decisions when it comes to Kashmir. India has literally instigated one more of our generations to become mujahideen. It will not happen tomorrow, but I can say without any fear of contradiction that Afzal’s hanging has sown the seeds of another armed revolution.”

For many in Delhi, Inqilabi’s statement may appear as rhetoric, an exaggeration, but there are plenty of signs on the ground that evoke a sense of foreboding. For instance, scores of Kashmiris, in their teens and 20s, are either in jails, or in hiding or making rounds of police stations after the 2010 ‘street intifada’. Fuelling the anger is the Omar Abdullah government’s inexplicable silence over the cases of 125 civilian deaths in police and crpf action during the agitation. The police has till date filed firs only in 20 cases despite court intervention, while even minors have been punished for participating in stone-pelting. Since the new year, the government has also been reopening old cases against former militants in its bid to control the dissent.

Police sources say that after the 2010 agitation, at least two dozen young men joined militant groups, particularly the Lashkar-e-Toiba. The actual number could be much more. Unlike the ’90s, things are shrouded in secrecy. At times, even the families are caught unawares. Militancy may no longer be an option with the new generation of Kashmiris, but yes, Afzal’s hanging is likely to heighten the Kashmiri alienation. The implications would not be immediate, as some tend to believe, but they will be there. We can only keep our fingers crossed.

Kashmir’s former director-general of tourism and prominent political commentator Mohammed Ashraf too says a Kashmiri “takes his own time to react”. “Maqbool Bhat was hanged in 1984. Kashmiri boys started crossing LoC for arms and training from 1987 onwards, and we then had 1990. Similarly, this hanging too will have a long-term impact and we may see another eruption after a couple of years.”

Indeed, PDP chief spokesperson Naeem Akhtar thinks the very fact that Kashmir hasn’t erupted on expected lines is wor­rying: “Kashmir has been a place which would erupt even on minor issues. Afzal’s hanging has delivered a sense of defeat among Kashmiris, more dangerous in the long run.”

Back in Afzal’s native village Seer Jagir in Sopore, soldiers of 22 Rashtriya Rifles guard the only entrance—a wide steel gate. Near the gate, an instruction board lists the dos and don’ts of passing through the small village. Some years ago, on the roof of the Sadbhavana school built by the army in the village, soldiers had written in bold letters: “We love humanity.” A few metres ahead, though, another had this chilling warning: “One bullet, one terrorist.” So much for goodwill.

Born into an affluent family of apple merchants, Afzal would have been a doctor by this time, perhaps living comfortably and in prosperous obscurity somewhere in West Asia, like many Kashmiri doctors, rather than making it to the headlines if things hadn’t gone awry. As someone who once crossed over the LoC to fight the Indian State but who later also surrendered, it proved difficult for authorities to believe he had come entirely clean.

“Afzal wanted to live quietly with his family, but the STF (the notorious counter-insurgency wing of the Kashmir police) would not allow him,” his wife Tabassum wrote in her appeal to the Indian government in 2004. “Afzal was to leave his home, family and settle in Delhi again. He struggled hard to earn a living and he had decided to bring me and Ghalib to Delhi. Like any other family, we dreamed of living together peacefully and bringing up our children, giving them a good education and seeing them grow up to be good human beings. That dream was cut short when (Afzal was arrested in the Parliament attack case).” This dream will now never be. It was cut short in a way Tabassum, like many others, could never have imagined—coming to know of her husband’s exe­cution on television news, being denied even the grace of a last meeting.

The family had been persecuted even after Afzal’s arrest and subsequent conviction. Police and army raided their home countless times, forcing them to abandon it for almost one year. “For one year we were not allowed to see Afzal. We handed over his surrender certificate given by the BSF to a Supreme Court lawyer who later denied receiving it,” Tabassum had said. “Will you speak out at the injustice my husband has faced? Will you speak out on my behalf? I am, of course, fighting for my husband’s life, for the life of my son’s father. But I also speak as a Kashmiri woman who is losing faith in Indian democracy and its ability to be fair to Kashmiri Muslims.”

Tabassum had visited Afzal in Tihar in November 2012. “The meeting was a routine one. Afzal gave no indication that his days were numbered. His only worry was the future of (his 14-year-old son) Ghalib whom he wan­ted to become a writer,” Afzal’s cousin Yasin Guru said. He pours scorn on Union home minister Sushil­kumar Shinde’s statement that Afzal’s family was info­r­med about his execution via  speed post­—the missive reaching them two days after the hanging. “I wonder how a country that boasts about its democratic credentials can be so stone-hearted,” says Yasin.

There’s across-the-board sympathy for Afzal largely because of the belief that his conviction rested solely on circumstantial evidence. Says Lalit Magazine, a Jaipur-based Kashmiri Pandit, “Whatever little faith I had in India’s justice, I have lost it completely (after Afzal’s hanging). I am sad and shocked. Votebank politics has prevailed over justice and fair play.”

There are lots of other voices questioning the timing of Afzal’s execution. The timing is symbolic—it took place two days before Bhat’s death anniversary. The choice of date of Afzal’s hanging was deliberate, many Kashmiris say. Like every year, pro-freedom groups had already called for a black day on Bhat’s anniversary. The Indian government could not have been ignorant of it. They think Indians wanted to send a clear message to Kash­miris: ‘We don’t care for your sensitivities. You are a helpless people, unwilling to accept your defeat.’” Afzal’s family, meanwhile, is asking only one question: “Didn’t he deserve the right to see his family before his execution?”

It has been eleven days since Afzal Guru was hanged, and Sopore is in mourning. The apple orchards encircling the town stand bare in the winter freeze, the temperatures at shivering point even during the day. The town itself is crawling with the CRPF and the army, as always. They are everywhere: in the alleys, on the streets, around the main square. As we go past the only entrance to the village Afzal Guru is from, Seer Jagir, scores of local policemen and riot-control vehicles can be seen camped out at the only playground the town has. It looks like an island of sorts, with the army at the centre and the river Jhelum around it.

We park our car outside Afzal’s anc­estral house. A black banner, alongside another bearing the face and legend ‘Shaheed-e-Watan Afzal Guru’, flutters in the icy wind on an otherwise sunny February day.

Afzal Guru sonA young boy appe­ars on the terrace of the double-storey house. But Ghalib, Afzal’s only child, disappears just as soon. Not wanting to intrude on his grief, we decide to leave him alone. But before we can move any further, we hear an angry voice scream out: “What more do you want? You have all killed my husband. You hanged an honest man to fulfil the conscience of your people. You have taken away everything I had. Leave us alone….”

It’s Tabassum, wife of Afzal Guru. It hasn’t been long since the news of her husband’s hanging on February 9­­—after having spent seven years on death row—filtered in through television channels. The same ones showing ministers and politicians congratulating themsel­ves on television cameras for sending a terrorist to the gallows. The Gover­n­ment of India letter bearing the news arrived two days later, well after the execution. The hanging was a secret, but the grief is public. And Tabassum is inconsolable: “You are all butchers,” she continues to scream at us. “You killed him without any evidence and reason. You killed him for your politics and your games. Why have you done this to me?” The question hangs in the empty air; we do not have an answer.

Surely even a terrorist deserves the benefits of a legal system till the very end? The state had made its decision, but Tabassum, like many others, was left wondering whether Afzal was given a fair trial. As she speculates a future without her husband, Kashmir speculates about its future in the aftermath of the hanging.

People have gathered in the upstairs drawing room. Cousins, brothers, uncles, other relatives, they are all here, talking in groups. Just the, there is a call from the local PDP leader and an animated conversation breaks out. The party, a family member informs us, has been making overtures to Tabassum.

Aijaz Guru, Afzal’s elder brother, is angry. “No one supported him,” he says, “be it Kashmir’s politicians, separatists or anyone else. They all abandoned him. Now everyone is playing politics in his name, drawing mileage out of his death. Everyone is gaining at the cost of a poor Kashmiri’s life.”

Afzal Guru brotherA thin man joins the gathering at this point, quietly listening to the discussion around him. Afzal’s younger brother Hillal is less concerned about the politics outside, he thinks there is more that is being played inside. “No one used to come here,” he says. “Tabas­sum has been living with her parents for the last few years. Now they have gathered here for the mourning of my brother, but all that is going on in here is politics.” People have already started making money in Afzal’s name, Hillal says. Local politicians have started dividing the family on political lines. “No one is telling the real story. It was only Tabassum who fought for her husband. Even I am not in a position to help her. I am a poor man and it is hard to survive here.”

Afzal and his brothers have led completely different lives. Elder brother Aijaz is a prosperous timber merchant, his prosperity evident in his impeccable attire. Hillal looks, and is, less prosperous. They had not kept in touch much over the last few years, but Afzal’s death has brought them together. “People are planning a rally,” says Aijaz. “Thousands will gather for it and march in protest. I hope the situation doesn’t get out of control.” He’s willing to fight for justice for his brother but at the same time maintain a safe distance from the politics. “I am an Indian,” Aijaz is quick to emphasise. “I am a businessman who has nothing to do with separatism and I have been living separa­tely from the family for the last 15 years.”

Meanwhile, the drawing-room discussion veers towards the JKLF from whom Afzal had disengaged but which ex-miltant badge he had to wear the rest of his life. The JKLF, family members say, should not be allowed to get any mileage out of the hanging. The PDP has approached them, but the family is confused by the direction they should take. The National Conference too has approa­ched Afzal’s wife, but there are no takers for them in this house of mourners. Chief minister Omar Abdullah may cry himself hoarse saying he was kept in the dark, but no one’s willing to grant him benefit of the doubt.

A group of villagers has gathered outside. “He (Afzal) was different from the others in his family,” they tell us. “He was a good student, a kind person and an honest man. He was influenced by the idea of an Azad Kashmir.” Younger brother Hillal could not agree more: “He was not like us. He believed in Islam and humanity. He used to read a lot and think about the future of Kashmir, our people and culture.”

Afzal Guru wife TabassumHer anger dissipated for the moment, Tabassum too offers a few glimpses into their married life. She says Afzal was a gentle man who wanted to lead a simple life. “I will always be proud of being his wife, nobody can change my belief,” she says. She also declares that all the letters Afzal is said to have written to the separatists are actually fake. “He never wrote to them. All that has surfaced in his name is nothing but a gimmick created by separatist leaders for their political gains.” In one such letter to Syed Ali Shah Geelani, Afzal is said to have claimed that he was ashamed that his family had asked for a mercy petition as he wanted to die a martyr. Tabassum claims Afzal never wrote such a letter. “He never apologised for the mercy petition,” she insists. The family categorically maintains that most of the news about Afzal is simply not true and has been planted by different political agencies. “But there is no point in talking about it now,” says Tabassum resignedly. “Why are these questions being raised only after my husband’s death? How many people know about the kind of torture he had to endure in Delhi? Will we ever know under what circumstances he was forced to make a statement in front of the media?”

The family insists we avoid talking to Ghalib, Afzal’s teenage son. He was robbed of the simple pleasures of growing up on his father’s lap, listening to him tell stories, or even poems. “My son will follow the same path as his father. Become a good, kind and honest man like him. His father is now a hero, he too will become one,” says Tabassum, determination momentarily overshadowing the grief in her voice. Ghalib may be young but perhaps he’s not entirely unaware of how his father’s death marks an important chapter in the Kashmir saga.

Prof SAR Geelani

Prof S.A.R. Geelani, who was accused with Afzal Guru and Shaukat Hussain in the Dec 13, 2001, Parliament attack case, was acquitted by the Supreme Court in 2003. He tells Panini Anand why he’s shocked by the Afzal hanging.

Do you think that by hanging Afzal, the government has made him a hero for Kashmir?

The way the government has dealt with him; he is the hero for everyone in Kashmir. He is our martyr, our hero.

Two hangings in three months. Some people put Kasab and Afzal on the same level.

How can anybody do this? What kind of perverted mind equates the two?

What do you think about the timing of his hanging?

I feel it was nothing but a political decision. Look at the way in which the Supreme Court worded its judgement. The sentence the court used is: “to satisfy the collective conscience of the society…”  This is a political language, not a legal language. It’s clear that law doesn’t want him to be punished; there are political considerations which want this man to be hanged.

When you say, it was a political decision, are you hinting at the hardline stance of the ruling Congress party?

There has always been a Hindutva lobby within the Congress party. It’s nothing new. Look at the recent  Gujarat elections. Ahmed Patel was nowhere to be seen. Wasn’t it the Congress party that opened the gates of the Babri Masjid for worship by the Hindus? For the last couple of years, innocent Muslim youth across the country have been jailed. Had they not facilitated, the Babri Masjid would have not fallen. The Congress is misusing the UAPA and AFSPA. There are many shades of Congress party which come out from time to time as and when required for political benefits. I don’t see any difference between Congress and BJP. They are two sides of the same coin.

What about the state leadership? The day Afzal was hanged, many Kashmiri leaders were in Delhi. Don’t you think that the state’s political leaders and the government were taken into confidence before hanging Afzal?

The Jammu & Kashmir government is like a puppet. Remember the day when Kasab was hanged? The  secrecy was maintained. Go and see what Omar Abdullah tweeted then. He said that if this can be done in secrecy, others could be done as well. He was hinting at Afzal Guru. There is no reason not to believe that he was not aware about it or rather, knew about it.

In 2006, Farooq Abdullah warned of serious consequences in the valley if Afzal was to be hanged. My feeling is, Omar Abdullah was taken into confidence on the matter. Why didn’t Omar fly a chopper for the family of Afzal, so that they could meet him for one last time? Seeing the unrest in the valley, Omar is singing a different tune now. I believe other mainstream parties were also taken into confidence on the Afzal issue.

You were one of the co-accused in this case. How do you see this punishment?

The Supreme Court acquitted me, otherwise I too would have faced the same punishment as Afzal Guru. It is completely inhuman what they have done to Afzal. This country prides itself on being the world’s largest democracy but today they have shown not even the basic human values. They have disregarded the basic human values; forget about the larger issues of a democratic system. The family was not informed. A small son was not allowed to see his father for the last time. My stand on Afzal’s case is very clear from very beginning that he never got a fair trial; never ever. People say that there was a trial process. Of course, there was— from trial court to high court and then the Supreme Court— but it was completely flawed and a farce. The judgment is presumptuous. He gave requests at least five times, seeking legal aid. He gave the names of the lawyers. Neeraj Bansal was made his counsel. If you see the records, you will find that Neeraj Bansal gave an application to the court saying that he doesn’t want to be Afzal’s advocate. The court asked him to do the job for assisting the court. So, he was not fighting the case for Afzal, he was assisting the court. It is completely a case of justice denied and today I can say that an innocent man was hanged.

How do you think the media has handled the issue?

Hitler had one Goebbels; today governments have many Goebbels in the form of the electronic and print media. They go on lying to the people till they are convinced that what they hear is the truth. They say that we should have respect for the courts, but do they have? The Supreme Court has declared the confession by Afzal illegal but they are showing it repeatedly even after his death. I mean, they are like vultures who want their pound of flesh from a dead man. Even the so-called security and other experts—I mean what kind of society do they want?

What is happening in Kashmir now?

In Kashmir, the message from the government is hard and harsh. The youth will get a message that there is no option; you can be heard only if you have a gun in your hand. No institution is going to help you. It’s only possible when you snatch your rights by using power. And it will bring disaster, not only to Kashmir but to the entire country. There was a different generation when Maqbool Bhat was hanged in 1984. Now, the Kashmiri youth is more informed, aware and literate. They are not like us; they are listening to the bullet fire and blasts since they were in the wombs, day and night. They are born under the shadow of the guns.

Will it affect the peace process and confidence building in Kashmir?

I pity the politicians for their narrow vision. They can’t see beyond the 2014 elections. They couldn’t see the disaster the hanging would bring to the people of Kashmir and this country. Today, it has been confirmed that Kashmir will never get justice from the Indian system.

While Afzal was innocent, you were acquitted. who are the perpetrators of the Parliament attack? Who are the culprits?

That is the question I have been raising since my release. If you see Afzal’s statement in the court, he has pointed a finger at the agencies. Everyone is talking about national security but nobody has bothered to look into those areas, role of agencies. I am shocked to see this. I was the first person to demand a white paper on this issue; the governments have never come up with it.

After Home Ministry’s offer to handover Afzal’s belongings to the family, will the family collect his belongings from Tihar and offer prayers at his grave?

The family’s demand is that Afzal’s body should be handed to them—to enable them to conduct the last rites. Prayers can be offered from anywhere; sitting in Kashmir or any other place. As far as his belongings are concerned, they belong not only to his family but to Kashmir. They are a treasure now.

by Dr Shabir Choudhry

18IN_KASHMIR_1_165064fOn the morning of Saturday 9th February 2913, Mohammed Afzal Guru was hanged in Tihar Jail of New Delhi and buried inside the Jail. This undesirable action was carried out only two days before 29th death anniversary of Maqbool Butt, who was also hanged in the same jail on 11 February 1984.

It was not the first time a Kashmiri leader was executed in unsatisfactory manner and buried without handing the body to the relatives. Afzal Guru, whether guilty or innocent is no more with us, and let us pray that Almighty bless his soul.

Afzal Guru was accused of masterminding the attack on the Indian Parliament on 13 December 2001, in which 14 people lost their lives. All five attackers were killed on spot. India accused the Jaish-e-Mohammed militant group for this attack which has links with some officials of the Pakistani establishment. Afzal Guru and Shaukat Hussain Guru were sentenced to death in December 2002 for planning and providing logistic support for the attack. On appeal the sentence of Shaukat Hussain Guru was reduced to 10 years; and he was released on 30th December 2010.

In the same case, two other people, Delhi University Lecturer, SAR Geelani and Afshan Guru, wife of Shaukat Hussain Guru were acquitted due to a lack of evidence. What that suggests is that there must be some evidence against Afzal Guru and Shaukat Hussain Guru. Afzal Guru was to be executed on 20 October 2006, but after his wife’s clemency appeal to the President of India, it was put on hold. On 3 February 2013, the present President of India Pranab Mukherjee rejected the appeal, hence the execution of the accused.

It is not common in India to hang people for murder. Since 2004, only two people have been executed. Mohammed Ajmal Kasab was executed in November 2012 for his involvement in the 2008 Bombay attacks; and Afzal Guru for his involvement on the attacks on the Indian Parliament.

One may not say that Afzal guru was completely innocent man; but he certainly did not deserve a death sentence. In one TV interview he acknowledged his role in the incident, which was limited to providing logistic support and weapons. He also acknowledged that he went to Pakistani administered Kashmir as a JKLF man for training; and he later on established links with Jaish E Mohammed. One Important point here is that Afzal Guru was not part of the team that attacked the Parliament. He did not kill anyone, although he had some supportive role in the incident. People who are directly involved in murders, at times, do not get death sentence, and question arises why Afzal Guru had to be hanged? Why his sentence could not have been changed to life imprisonment?

Timing of the hanging and the way it was carried out, and what they did to his body speaks volumes about callousness of the authorities. If he had to be sentenced to death, why he had to be hanged two days before the death anniversary of Maqbool Butt, when feeling are running very high; and anti India feeling are at its peak? Why his family was not allowed to meet him before executing him? Above all, why his death body was not given to his family?

Is that not clear breach of fundamental human rights, and against ethics and morality? Is this not to rub salt in wounds of the suffering people? Is this not a message to angry and frustrated people of Kashmir that their sentiments, dignity and honour were not important to the authorities?

What that indicates is that some people don’t want any kind of peace or normalcy in Jammu and Kashmir, as Kashmir dispute has become a big business and a valuable source for winning public support or diverting attention from other important issues. One Kashmiri journalist today phoned me and asked my views about this incident. I expressed my serious anger, concern and strongly opposed this action; and called it a breach of fundamental human rights.

He agreed with me, but added that Afzal Guru was not innocent, as he had some role in the incident – he provided weapons which were used to kill people; but he should not have been hanged. He also agreed that his body must have been given to his family. He said: ‘Choudhry Sahib the Kashmir dispute will never be resolved. One condition for a plebiscite is normal situation; and those who are in position of power always ensure that the normal situation does not prevail in Jammu and Kashmir State’.

Commenting on the incident General secretary of CPI(ML) Liberation, Dipankar Bhattacharya said: “Faced with growing popular opposition and resistance one very front, the Congress party and the UPA government are desperately trying to appease the BJP and the communal-fascist brigade.2

Arun Dhati Roy writes: ‘Like most surrendered militants Afzal was easy meat in Kashmir — a victim of torture, blackmail, extortion. In the larger scheme of things he was a nobody. Anyone who was really interested in solving the mystery of the Parliament Attack would have followed the dense trail of evidence that was on offer.

No one did, thereby ensuring that the real authors of conspiracy will remain unidentified and uninvestigated. But now that Afzal Guru has been hanged, I hope our collective conscience has been satisfied. Or is our cup of blood still only half full?’ 3

The Supreme Court judgment says the evidence is circumstantial: “As is the case with most conspiracies, there is and could be no direct evidence amounting to criminal conspiracy.” But then it goes on to say: “The incident, which resulted in heavy casualties had shaken the entire nation, and the collective conscience of society will only be satisfied if capital punishment is awarded to the offender.”

Already demonstrations on both parts of the divided State have started. Whereas, demonstrations on the Indian side of Jammu and Kashmir have become violent; demonstrations on the Pakistani side were peaceful and despite government support numbers were limited to few hundred people. Fearing demonstrations as a result of Afzal Guru’s hanging the authorities in Jammu and Kashmir imposed a curfew, but hundreds of people still came out resulting in some injuries.

The big test will be on 11 February. Despite the curfew, people will come out in thousands; and that could result in serious clashes resulting in loss of valuable lives and damage to property. I hope common sense prevails and the authorities do not show heavy handedness; and let angry people protest peacefully and express their sentiments.

This incident will remain controversial, as some will claim he was innocent, others will say he was part of the terror project and was rightly executed. Some will say he had some role in it but did not deserve death sentence. Whether innocent or not, but by hanging Afzal Guru India has provided another prominent martyr to the Kashmiri Muslims. Afzal Guru is dead, but he will live as a martyr, and will boost anti India sentiments. My fear is that some groups will claim that they have no hope for justice; and that will provide new recruits for violence and terrorism.

References:
1. http://www.jammukashmir.tv/player/News-Update/Afzal-Guru-a-terrorist-or-freedom-fighter-Afzal-Guru%5C%5C%5C%5C%5C%5Cs-interview-after-2001-Parliament-attack-.html
2. http://www.hindustantimes.com/India-news/NewDelhi/Afzal-Guru-hanging-who-said-what/Article1-1009265.aspx
3. http://www.thehindu.com/opinion/lead/a-perfect-day-for-democracy/article4397705.ece
4. ibid

Democracy’s Noose kept Afzal Guru hanging, till death

by Avinash Pandey

He had to die. Die, because a nation wanted him to, or so were we told by the Supreme Court of the nation. He had to die to satisfy the collective conscience of the nation, the court added for a good measure. So, he did die, nay, hanged till death. His body was left hanging for a full thirty minutes after the levers were pulled, we were told by a media that was less reporting on the incident and more speculating on it.

The media had turned this somber occasion of a death into cannibalistic carnival reminiscent of a 20-20 cricket match on the anvil. They told us everything about the last moments of the one condemned to death. Most of it was later found to be completely false. They told us how uneasy the convict on the death row was on the eve of his hanging only to be rebuffed by the jail officials next morning who told us how calm and composed he, in fact, was.

Whether the collective conscience of the nation was satisfied or not was the only question they did not bother to find answers for. They paraded the family members of the victims of the attack the death-convict had allegedly masterminded and they interviewed political leaders asserting that India would not take an attack on its very heart lying down. They looked around for visuals of those celebrating the hanging, almost all of them clad in saffron scarves while waving the Indian tricolour and inflicted the same on the nation that has started to express itself through the likes of Arnab Goswamis screaming on the television sets.

They did, still, not try to find out where, and in whom, the conscience of the nation resides , forget making efforts to know if it was finally satisfied or not. They did not need to bother to, for they had delivered their judgement far ahead of the courts and were now merely getting disgusted with delay in hanging the convict. The delay, for them, was symptomatic of all that was wrong with India, their India to be precise. They had been questioning the delay incessantly. Their ‘nation’ wanted to know when the convict would be hanged.

The convict, by the way, had a name. His name was Afzal Guru. He was a citizen of India. Yes, in case we forgot, as the mainstream media wanted us to, he was a citizen of India. He was entitled to all the rights a citizen, any citizen of India has. None of his rights, including the right to life with dignity unless taken out by due process of law, were respected by the nation. He was denied a fair trial as many of the legal stalwarts of the country believe.

Now, he was robbed of his dignity even in death. He was hanged in utter secrecy, a secrecy that baffled even the Prime Minister, Manmohan Singh. Let’s make no mistakes though. Mr. Singh was not upset at “the hanging” but at the “circumvention of basic human parameters”. Basic human parameters, for the uninitiated, mean nothing more than the fact that his family was not informed about his hanging and was not given a chance to meet him ‘one last time’.

The fact that Manmohan Singh is known for being upset after the illegalities have been committed and the benefits reaped by those under his immediate supervision is beside the point. Remember his stand on stone pelting in Kashmir, the very same state Afzal came from. He was upset then too and demanded maximum restraint from the security forces who showered bullets on those who pelted stones. He talked of humane policing. He told all and sundry how much he valued the lives of Indian citizens, even the Kashmiris. P Chidambaram, his subordinate who was directly in command of the security forces, ordered maximum crackdown on the protesters meanwhile without upsetting the Prime Minister anymore. He had already exhausted his quota of being upset about the issue.

Afzal Guru’s case, however, was a different one. Here was a man hanged not for absolute legal reasons but to satisfy the ‘collective conscience of the nation’. The evidence against him was circumstantial at best, not enough for hanging someone even for those with an absolute belief in capital punishment, forget those like us who oppose the death sentence as a residual barbarity in modern times. He was given death sentence nonetheless.

The conscience of the nation was not satisfied. It did not want him just to be given a death sentence. It wanted the death warrant signed and executed as soon as possible. Afzal Guru, the man, had been converted into an issue, an emotive one on top of that. The nation, read Bharatiya Janata Party was baying for his blood. They had to, for everything about the wretched fellow served the BJP’s purpose. He was a Muslim and a Kashmiri. He was accused of being involved in the conspiracy (we cannot write conspiring as there is no concrete evidence for that till date) to attack Indian parliament.

What better stick could they, and tens of other amoebic heads the Rashtriya Swayamsevak Sangh clan have, to beat Congress and its politics of ‘minority appeasement.’ Afzal was no more a person languishing in jail for a crime he committed, as per the political doctrine of collective conscience, if not legally as per his own assertion. BJP has converted him into a devil whose dead body would be the hinge on which would turn the discourse of national security.

It was not about national security though, not for the BJP at least. After all it remains the same party which had sent the then Union Minister Jaswant Singh to Kandahar as an escort to the known terrorist Masood Azhar and two others in return for the passengers of ill fated Air India flight IC 814. It was also the same party which had unceremoniously returned the army after keeping it in a forward attack position for almost two years without achieving a single stated objective of the misadventure. The cost of the catastrophic buildup on the borders was astronomical. BJP led NDA had successfully managed to get more than 1500 Indian soldiers killed without fighting a war.

Neither had it anything to do either with minority appeasement or BJP’s newly found love about democratic institutions. It has kept its mouth tightly shut on the case of Balwant Singh Rajoana, convicted for the assassination of Beant Singh, the then Chief Minister of Punjab. Rajoana, unlike Afzal Guru, has neither sought any clemency nor shown any remorse for the notorious killing even while admitting his role in the same.

Unlike Afzal Guru, further, Rajoana was not hanged even after death warrant being signed as the jail officials returned the same under, allegedly, instructions of Akali Dal-BJP government ruling the state. Parkash Singh Badal, the Chief Minister of Punjab, had himself approached the home ministry asking for putting the decision on hold. The reasons he gave for the demand were simple. He wanted the ministry to respect the sentiments of the people; the sentiments that reflected in Akal Takht, supreme religious body of the Sikhs, declaring Rajoana as ‘Zinda Shaheed’.

The case of Afzal Guru was no different. There were a lot of sentiments attached to him. The Chief Minister of Jammu and Kashmir, as in Rajoana’s case, had warned the central government about the law and order problems that would have ensued following his hanging. The centre did take notice of all that as it was evidenced from the secret hanging and the immediate clampdown on Kashmiris’ right to protest. The state was put under unrelenting curfew. All channels of communication, including social media were stopped.

No, I am not asking for Rajoana’s hanging. No one with a firm belief in humanity can ask for anyone’s killing, that is a foray of the thousands of murderous Bajarangis of the BJP stable. It is not about Rajoana at all in fact.

It is about BJP and its double speak. And of Congress’ abject surrender to this politics of homicidal hate. Afzal Guru was not convicted for legal reasons. Neither was he hanged for the same. He was sacrificed on the altar of petty electoral gains BJP wanted to make out of his death. And on the altar of the growing desperation of the Congress ridden by a battery of scams and bad governance. It is about the difference between Kashmir and Punjab. And the people living in the states.

It is about the very future of the nation and Congress in it, as well. Congress might succeed, for a while, in puncturing BJP’s Hindutva balloon and emerge victorious in 2014. It is going to lose the battle nonetheless. It is not the first time it is flirting with soft Hindutva politics. It has done that in 1989 by allowing the juggernaut of rathyatras and Shilanyas. It did never come back anywhere close to power in most of north India ever again. It did the same in Gujarat while trying to fight Modi’s Hindutva with Shankarsingh Baghela’s Hindutva. The results are for everyone to see.

If only Congress knew that people prefer originals over photocopies, even when it is all about banality of evil.

I did not know Afzal Guru personally. Neither did I know his wife and son. Today I know them all and my heart goes out to them. With ample help from the BJP, the Indian state has successfully made a hero out of a surrendered militant. With the new vacant grave it has dug in Kashmir for him, it has ensured immortality befitting a martyr on Afzal Guru.

None of it can offer any solace to the bereaved family whose only crime was to be related to Afzal Guru. Nor can it offer any solace to the democracy that has been demeaned by the act. I think of all those Pakistani friends telling me how lucky we are to be a democracy. I had never missed that half-jealous and half-desirous tone of those comments. I don’t know if I would believe them anymore.

Mr. Pandey, alias Samar is Programme Coordinator, Right to Food Programme, AHRC. He could be contacted at samar@ahrc.asia

Even an Indo-Pak Nuclear War Will be Fought in Kashmir

26593_380813213557_112849003557_4000803_8218104_nIndia Warns Kashmiris to Prepare for Nuclear War

Indian officials are advising residents of strife-torn Indian Kashmir to prepare for a possible nuclear war by building bombproof basements and stockpiling food and water, adding to tensions between India and Pakistan, both nuclear powers, after deadly cross-border skirmishes in recent weeks.

“People should construct basements where the whole family can stay for a fortnight,” read the advisory, which was published January 21, 2013, in the newspaper Greater Kashmir. It comes in the midst of the worst fighting in Kashmir between India and Pakistan since a cease-fire was signed in 2003. Three Pakistani and two Indian soldiers have been killed, and one of the Indian soldiers was found without his head.

News of the mutilation infuriated Indians, with Sushma Swaraj, the leader of the opposition in the lower house of Parliament, calling for India “to get at least 10 heads from their side” if the Pakistanis did not return the soldier’s head. After criticism that he was not doing enough, Prime Minister Manmohan Singh of India said he was reviewing ties with Pakistan. A special visa program between the two countries has been suspended, and Pakistani players in a new Indian field hockey league have been sent home.

Officials insisted that the advisory published was unrelated to these developments. Yoginder

Kaul, the inspector general of the Civil Defense and State Disaster Response Force, said the advisory was meant to commemorate the first anniversary of the creation of his unit.

“It has nothing to do with anything else,” Mr. Kaul said in a telephone interview. “It was a routine advisory issued on our raising day to create awareness among people.”

If so, it was remarkably ill timed. The advisory suggested that people build shelters in open spaces in front of their houses if they did not have basements because “some protection was better than no protection,” according to an article about the advisory in Greater Kashmir. Food and water should be restocked regularly, and ample candles and battery-operated lights should be included, it said.

If in the open during a nuclear attack, a person should “immediately drop to ground and remain in lying position,” the advisory said.

“Stay down after the initial shock wave, wait for the winds to die down and debris to stop falling. If blast wave does not arrive within five seconds of the flash, you were far enough from the ground zero.”

“Expect some initial disorientation,” the advisory added, “as the blast wave may blow down and carry away many prominent and familiar features.”

Abdul Qaiuum of Silikote, a village close to the dividing line on the Indian side, said in a telephone interview that neither he nor his neighbors were constructing new bunkers. “No firing is taking place,” he said. Besides, he added, “we are under two to three feet of snow in the village.”

Even after both governments embarked on efforts to improve ties after decades of war and recriminations, Kashmir remains a troubled region. India, heavily Hindu, controls the bulk of the predominantly Muslim region of Kashmir, which has been at the heart of disputes between the two nations since they won independence from Britain in 1947. The land along the cease-fire Line of Control is one of the most heavily militarized areas in the world.

The latest clashes started when an elderly woman on the Indian side decided to use a secret entrance into Pakistani territory so that she could see her children living on the other side, according to a report in The Hindu, an Indian newspaper. After the Indian military discovered the tunnel, it built emplacements to prevent its use.

But those emplacements violated the terms of the cease-fire with Pakistan, and Pakistani soldiers repeatedly warned their Indian counterparts to desist, which the Indians ignored.

Firing weapons across the cease-fire line is not unusual, but the beheading, which the Pakistan government denies responsibility for, added a volatile mix to the politically charged debate. Previous mutilations of soldiers’ bodies have generally been kept secret to avoid just the sort of news media firestorm that has erupted. National elections are scheduled to be held in Pakistan by May and in India by sometime in 2014.

 

Recommendations For Resolving the Kashmir Issue: PDF File: Click on Link

Report-Intra-Kashmir_conf._2011

EU Report Rattles Pakistan

by Seema Sirohi

A draft report presented in December 2006 on Kashmir, submitted to the European Parliament by Baroness Emma Nicholson of Britain, demolishes Pakistan’s claims on and about Kashmir almost entirely.

Kashmir has long been Pakistan’s strongest diplomatic weapon against India on the international stage, unsheathed and deployed frequently to create trouble. A persistent talking point for Pakistani officials, the “Kashmir problem” also helps counter an increasingly dark vision of their country in the western mind.

So when faced with a different version of the Kashmir story, they feel rattled and see it as a foreign policy debacle for Pakistan. A draft report submitted last month to the European Parliament by Baroness Emma Nicholson of Britain was just that—for it demolished Pakistan’s claims on and about Kashmir almost entirely. And it asked tough questions about the plight of the people in Pakistan-occupied Kashmir who have no “meaningful democratic representation” and enjoy only “minimal rights.” They are doubly victimised in the aftermath of the earthquake.

For the first time, an official western report named China for controlling a part of the “former princely state of Jammu and Kashmir”. The name game is fraught with delicious implications because Beijing, which has enjoyed watching India tangled up in Kashmir, may now find how the shoe pinches. Any future settlement can theoretically involve surrender of Chinese-controlled territory.

“China’s place in the region and ownership of part of the territory is very important. I will be holding a series of workshops on the border issues in the region,” Nicholson declared in a telephone interview from Beirut. A Liberal Democrat member of the European Parliament (MEP), she visited both parts of Kashmir this summer as the EU rapporteur and vice chairwoman of the foreign affairs committee. The report is a serious effort to go beyond the facile and into the jungle of Pakistani claims. It looks at the role and impact of the Pakistani administration in POK instead of merely condemning India for human rights abuses. It raps the Pakistani army for its initial slow response to the earthquake, which allowed militant groups to fill the vacuum and gain legitimacy.

“Kashmir: Present Situation and Future Prospects” is a 10-page nightmare for Pakistan and a near-complete vindication of India’s position. The report rejects demands for a plebiscite, calling them “wholly out of step”, condemns the lack of democracy, justice and human rights in POK, the absence of Kashmiri representation in Pakistan National Assembly, calls Pakistani efforts to shut down terrorist camps on its territory half-hearted and clearly links demilitarisation on the Indian side to a reduction of terrorist violence. It condemns the “repugnant Hudood laws” and even mentions the persecution of homosexuals.

Pakistan’s ambassador to the EU, Saeed Khalid, shot off an angry four-page letter to Nicholson, calling the report “fundamentally flawed” and an “unquestioning endorsement of the Indian standpoint.” He even threatened the report would “prove detrimental to the peace process between Pakistan and India” in the letter, a copy of which was obtained by Outlook. He resents the “emphasis on international terrorism in the context of Jammu and Kashmir,” and says the report “completely overlooks the history of the dispute.” By dismissing calls for a plebiscite, “the fundamentals” can’t be altered, the letter warns.

Nicholson said her critics were “mistaken” and that she looked forward to a series of discussions with them. “Reports are produced for the benefit of European members to implement EU-wide policies. They are not produced to please or displease governments,” she told Outlook.While the EU has not been invited to mediate in Kashmir, it has given a large amount of aid to Pakistan for the earthquake victims. “It is only proper we look at the situation.” A Life Peer and voted “MEP of the Year” in 2002, the Baroness is on solid ground.

She replied to Khalid’s letter Nov. 28, a day after receiving it and rebutted his charges methodically, specially the one about her declining to meet Huriyat leaders in India. “Despite at least four telephone calls, my staff and I were unable to interest Huriyat in a meeting,” Nicholson said in her letter. The letter reminds the ambassador that her job as the rapporteur was not to regurgitate history but to look at pertinent issues for the future. “It was not part of the Rapporteur’s remit to revisit in the text all the familiar history of the past 60 years. Relevant UN Security Council resolutions do feature in the report,” the letter said.

Khalid declined to comment, saying the report was only a “draft” that still had to go through the “process”— meaning beware the power of the pro-Pakistan lobby to try to tear it to pieces. The Kashmir Centre in Brussels, said to be a Pakistan-funded outfit like its clone Kashmiri American Council in Washington, and the London-based Kashmir Coordination Committee are already working overtime to denounce the report. Majid Tramboo, who heads the Kashmir Centre, is shuttling between London and Brussels trying to meet all 83 members of the foreign affairs committee of the European Parliament to try to amend, dilute and rewrite the report. The deadline for offering amendments is Jan. 10, the discussion set for Jan. 24-25 and adoption by the committee on Jan. 30.

London will be a key battlefield where the Pakistani community will use its political muscle to water down the report through like-minded British MEPs. Pakistan is also activating the 20-member All Party Group on Kashmir in the British Parliament. A dubious statement denouncing the report has already been issued on the group’s behalf through the “Kashmir Media Service,” a propagandist outfit. The statement sounds eerily similar to Pakistan ambassador’s letter.

The report may yet evolve but the MEPs will have to decide whether they want to take a realistic look at the problem or follow the old script. Nicholson has criticised the Indian army for human rights abuses and noted a few other areas for address but she consistently found Indian Kashmir faring better on almost every front than POK. Pakistan might find it hard to counter the support India currently enjoys in Europe. India is EU’s strategic partner with a growing trade relationship. “You can’t castigate a country like India which shares your values to side with a country which spells trouble,” said a Brussels-based analyst. “Support for India in the EP cuts across party lines.”

But that doesn’t mean India can be complacent. Indian missions in Europe have already received instructions—to be vigilant and work to retain the original report. But India may already have suffered a tactical loss. Nina Gill, a British Labour MEP and leader of the South Asia delegation, one of those who asked to delay the original deadline of Dec. 5 set by Nicholson for offering amendments. Gill, who is not a member of the foreign affairs committee, argued that she was going to Pakistan and wanted her “findings” to be part of the record. But going only to one country is likely to give her a one-sided view.

December will be a month of hard labour not Christmas parties for many who will be working the EU corridors. The stakes are higher for Pakistan because the narrative is changing. Slowly but surely

Hindu-Muslim Relations in Jammu: Alternative Ways of Understanding Islam

by Yoginder Sikand

Introduction
Media and academic writings on Islam and Muslims in Jammu and Kashmir focus almost entirely on the Muslims of the Kashmir Valley, who are depicted as somehow standing for or representing all the Muslims of the state. This is, to an extent, understandable, since they form the single largest Muslim community in the state and are also the most politically powerful and vocal. What is, however, generally overlooked is the fact that the Kashmiri Muslims form less than half of the total Muslim population of the state. In addition to the Kashmiri Muslims, there are large numbers of Muslims in other parts of the state, who are quite distinct, in terms of language, ethnicity, sectarian affiliation and historical experiences, from the dominant Sunni Muslims of the Valley. These include the Sunni Argons, Nurbakshis and Shi‘a Baltis of Ladakh, the Gujjar and Bakkarwals of Poonch and Rajouri and diverse Muslim communities in the Jammu province. These communities are generally ignored in writings about the ‘Kashmir problem’. Yet, it is crucial to highlight their voices, not only because, collectively, they are more numerous than the Kashmiri Muslims, but also because the ways in which they see the ‘Kashmir problem’ and its possible solution are often in contrast to the dominant Kashmiri Muslim perspective.

This essay seeks to provide a broad overview of diverse understandings and expressions of Islam among  Muslims of Jammu. It focuses, in particular, on the vexed issues of peace and jihad and inter-community relations. Highlighting alternative ways of understanding these issues it seeks to uncover theological resources contained in the Islam or ‘ordinary’ people that can help interrogate and challenge the claims of radical Islamists to represent Islam and the Muslims of Jammu and Kashmir.

Muslims in Jammu
Jammu is popularly known as the ‘City of Temples’, owing to its large number of Hindu shrines. Most of the inhabitants of the town are, of course, Hindus, but the town also has a fairly substantial Muslim population. Although there are a few local Dogri-speaking Muslims in the town, most of them appear to be fairly recent settlers, from Poonch, Doda, Rajouri and from the Kashmir Valley.

In the 1947 Partition riots, Jammu witnessed a large-scale slaughter of Muslims, with thousands killed and many more forced to flee to Pakistan. Jammu town was almost completely depleted of its Muslim population. The violence in Jammu was in contrast to the situation in the Kashmir Valley at this time, which remained largely peaceful and did not witness any communal violence directed against the small non-Muslim minority. It was only from the 1950s onwards that small numbers of Muslims began settling in Jammu, mainly from other parts of the state.

Despite its recent history of communal antagonisms, which is further reinforced by the strong presence of right-wing Hindu organisations in the town, Jammu has not witnessed any large-scale communal riots in recent years. This is remarkable, given the situation in the Kashmir Valley. There have been minor clashes between Hindu and Muslim groups in Jammu town, generally in the wake of massacres of Hindus in Kashmir, but the local administration has been able to prevent these from breaking out into full-fledged communal riots.

The Muslims of Jammu town lead a somewhat ghettoised existence. Most of them live in the town’s two almost entirely Muslim localities. Living together provides them a sense of safety. There is, however, considerable interaction between the Muslims and the local Hindus and Sikhs, at the personal as economic and professional levels. Despite this, there are few, if any, organised efforts to promote any sort of inter-religious or inter-community dialogue. Communal stereotypes remain deeply-entrenched. Few, if any, of the several NGOs in the town are engaged in actively promoting communal harmony. When asked why this is so, the typical reply is that community, including religious, leaders are simply not interested in such work. This complaint generally goes along with a routine denunciation of religious leaders, who are alleged to use religion simply as a means of self-aggrandizement and are, therefore, not interested in dialogue. They have, so it is often claimed, a vested interest in preserving and promoting communal differences. This fits in with a certain image of many religious leaders of being not ‘really religious’ at all. Another reason that is often put forward to explain the absence of any organised work to promote inter-community dialogue is that although some religious leaders do feel the need for this, they do not have the contacts and the resources to do such work. Since there is little or no interaction between religious leaders of the different communities it is not surprising that even those who are interested in promoting dialogue are unable to do so.

On the whole, therefore, it would be safe to say that in Jammu, as elsewhere, most people have little understanding of the religious beliefs of other communities. The university of Jammu does not have a department of religious studies. Scholars associated with the university have done little research on local religious belief systems and nothing at all on inter-community relations and perceptions in the region. There is no literature available on the subject, and none of the several Hindu and Muslim bookshops in Jammu stocks any such literature. The local press also displays little interest or no in the issue.

Local Religious Mechanisms for Inter-Community Interaction: The Sufi Shrines of Jammu
Despite the lack of organised efforts to promote inter-faith dialogue in the town, there are local mechanisms that work, in their own limited ways, to promote a certain interaction and ecumenism between the different communities. For instance, it is not rare to find shops and buses displaying pictures of images associated with the different religious traditions. This might be construed, in some cases, as simply good business sense, but in other cases it does reflect a sincerely-held belief of all religions being valid in their own ways. They have an important symbolic importance, especially if they are displayed, as they often are, in public spaces. It is, however, important not to exaggerate the prevalence of this sort of attitude. It is not very common, and is rather the exception than the rule. Then again, such images and associated beliefs are generally confined, not surprisingly, to some Hindus, and it is rare for them to be seen in Muslim, Sikh or Christian shops and vehicles.

The single most important and influential local religious institution for promoting inter-community in Jammu town, as almost everywhere else in India, are the town’s numerous Sufi shrines or dargahs. Dargahs are mausoleums that house deceased Sufi saints or Muslim mystics. The general belief is that the saints are still alive, in a spiritual sense, and, being close to God, can sometimes intercede with Him to have people’s requests met. The analogy with a government department is often used to explain this belief. Just as one cannot approach the head of the department without going through a clerk, so, too, it is said, it is sometimes difficult to approach God directly. One is, so it is believed by many, more likely to have one’s requests met if one approaches God through the mediation of the saint. This is especially the case since one recognises oneself as a sinner, and hence acknowledges that one is unlikely to have one’s requests met if one acts on one’s own.

This belief transcends community boundaries and unites believers in the powers of the Sufis in a shared sacred tradition. This is not to say that people from different communities view the Sufis in an identical way. Muslims, typically, see the Sufis as true Muslims, sometimes as missionaries of Islam, and as awliya or ‘friends of God’. Hindus who flock to Sufi shrines tend to see them as pious beings, in the same rank as genuine sadhus and mendicants who have renounced the world, although, strictly speaking, not all the Sufis were world-renouncers. Some Hindus even think of the Sufis as incarnations of God or as deities (devta). Needless to say, this is a view that Muslims do not agree with.

Jammu is home to a number of Sufi shrines, many of them being centuries-old. Interestingly, the vast majority of those who visit the shrines are Hindus, from different castes. The shrines provide the only arena where people of different communities participate together in common worship and devotion. As such, then, they are a unique institution for promoting inter-community interaction at the religious level. Hindus who visit the shrines sometimes prostrate before the graves of the Sufis, a practice not common among Muslim visitors who believe that prostration must be made only to God. Hindu devotees also sometimes touch the feet of the shrine custodians in reverence. They take oil from the clay lamps placed in the shrines, which they believe to be blessed, and apply it on their foreheads or wipe their hair with it. Some of them even press the graves of the Sufis as if massaging the tired bodies of the saints.

People from different communities offer prayers together at the graves, and there is no set format for this. Generally, the visitors pray silently, cupping their hands in front of them or holding them up, in Muslim fashion, in supplication. Sometimes, the custodians of the shrines, almost all of whom are Muslims, recite some verses from the Qur’an and then offer a prayer in Dogri or Urdu for the welfare of all the devotees present. After the prayer is over, people accept little drops of sugar as prashad or tabarruk, which may be offered by the custodian or by a person he appoints, who may be a Hindu or a Muslim.

Thursday evenings are special occasions for the shrines, when large numbers of people visit them. Another popular occasion for visiting the shrines is during the ‘urs celebrations of the buried saints. ‘Urs, in Arabic, means ‘marriage’, and marks the death anniversary of the saint, whose death is commemorated as his symbolic meeting with God. Some people visit the shrines simply out of devotion and reverence. Many, however, come in the hope that they would have their requests met through the mediation of the saint. It is common for Hindus who visit the dargahs to also visit Hindu shrines in order to have their prayers granted. In this sense, the dargahs are seen as seats of invisible power that one can, through proper devotion, access, and not necessarily as specifically ‘Islamic’ or ‘Muslim’ shrines in a narrow sense. The saint is believed to help everybody, irrespective of caste and creed, for, it is argued by many Hindu devotees, true saints are, in a sense, beyond religious and caste boundaries.

The mediation of the saint, some believe, can be more efficacious through the agency of the custodian of the shrine, the mutawalli or sajjada nashin. Usually, though not always, the custodian is a lineal descendant of the saint. He is often believed to have inherited some of the powers of his saintly ancestor. This explains why, in several dargahs, people, Hindus as well as Muslims, wait upon the custodian with their requests. In one dargah in Jammu that I have visited on numerous occasions, most of these supplicants are Hindu women from middle-class, and presumably ‘upper’ caste families. The custodian sits on a raised platform, while the supplicants sit below him. They approach him in turn and relate their problems, and he offers them solace and advice. In the case of some people who are said to be troubled by evil spirits, he runs an iron implement (chimta) on their heads and back while uttering a silent prayer. He tells his supplicants that he himself cannot do anything because he is simply a ‘slave of God’ (rabb da banda). They should, instead, pray to God and abstain from sin, and God might then be moved to grant them their requests or solve their problems. In case their requests are met, he says, they should come back to the shrine and offer incense and oil in honour of the saint. He jokes with his supplicants and speaks to them as something like a father figure, which helps create a certain charisma around him as a true man of God. In line with this, he does not accept any payment, and he says that he does this work simply out of service to God. However, some other custodians are said to accept donations, a practice which has, unfortunately, led to the entire class of sajjada nashins being viewed by many people as corrupt and as no different, in this regard, from charlatan babas and sadhus.

The dargahs of Jammu all have a distinctly ‘Islamic’ or ‘Muslim’ look about them. The graves that they house are all in Muslim style, and are covered with green silk sheets, often with verses from the Qu’ran embossed on them. The structures of the buildings are also ‘Islamic’, with domes and minarets, and  sometimes with a small mosque attached to them as well. Inside, the shrines are also often decorated with pictures of Sufi saints or of the Ka‘ba in Mecca and the Prophet’s mosque in Medina and posters that bear verses from the Qur’an in Arabic calligraphy. Yet, they are open to people of all communities for worship, this being in contrast to both Hindu temples as well as mosques. The ecumenical appeal of the shrines is enhanced by the fact that, although a few of the rituals are distinctly ‘Islamic’, most of them are not seen as being associated with one particular religion or community, being more in the nature of local traditions that are followed across community boundaries.

The stories that are told about several of the shrines in the town—their ‘foundational myths’, one could call them—reflect a fascinating historical process of negotiation of inter-community relations in a harmonious way. These stories are often invoked to stress the point that people of different religions should live together in peace, that God is one, that all humans, at a certain level, are basically the same, and so on. A few examples may be cited here to illustrate this point:

The Dargah of Pir Raushan ‘Ali Shah
The first major Sufi to come to the Jammu region is said to have Pir Raushan ‘Ali Shah, whose dargah is located at Gumat, near the famous Raghunath Mandir, in the heart of Jammu town. The pir is said to have been very tall, which explains why his grave is some 20 feet (or nine gaz) long, and hence the shrine’s popular name of Maqbara Naugazan. Some believe the pir to have been one of the companions of the Prophet Muhammad, but, clearly, this is wrong. A more reliable claim is that he arrived in Jammu in the 13th century, before Timur’s invasion of North India. He is said to have performed many miracles, which, so it is claimed, so impressed the Hindu Raja of Jammu that he became his devotee and requested him to settle in his city. When the pir died, the Raja laid him to rest with full honours and had a grave constructed for him.

The Dargah of Pir Lakhdata
The name lakhdata literally means ‘the giver of hundreds of thousands’. It could signify belief in this pir’s status as a giver of Sufi wisdom or as a helper to people in distress and need. The small dargah of Pir Lakhdata is located in a bazaar named after him in Jammu. The life of the pir is shrouded in mystery, although he is said to have been a close associate of Guru Nanak, the first guru of the Sikhs. The cult of Pir Lakhdata is particularly popular among the agriculturist castes of Punjab and Rajasthan, both Hindu as well as Muslim. This tradition is linked with the cult of Guga Pir, said to be a Rajput chieftain who converted to Islam. In some versions of the account of Guga Pir’s life, he and Pir Lakhdata are presented as one and the same person. According to local tradition, after his death, half of Guga Pir’s body was taken by his Muslim followers and buried according to Muslim rites, and to them he is known as Zahir Pir. The other half of his body was cremated by his Hindu followers, who revere him as Pir Lakhdata.

The Dargah of Baba Budhan ‘Ali Shah
Another noted Sufi whose shrine is located in Jammu and who is associated with Guru Nanak is Baba Budhan ‘Ali Shah. His real name is said to have been Sayyed Shamsuddin, but he is known more popularly as Baba Budhan (‘The Old Baba’) because he was blessed with a very long life. Baba Budhan was born near Lahore in the village of Talwandi, the birthplace of Guru Nanak. Tradition has it that he was a very close friend of Guru Nanak, and the two would often meet to discuss spiritual matters.

The Dargah of Pir Mitha
Pir Mitha’s dargah is located on the banks of the river Tawi, not far from the Jammu palace. According to local tradition, he came to Jammu from Iran in 1462 during the reign of Raja Ajab Dev. It is possible that Pir Mitha was a Isma‘ili Shi‘a, although today there are no Isma‘ilis left in Jammu.

One day, so a version of the local legend has it, the Raja’s wife fell seriously ill. The pir is said to have cured the queen by performing a miracle, as a result of which the king and many of his subjects became his disciples. A large section of the Bhishtis or water-carriers, considered to be a ‘low’ Hindu caste, accepted him as their spiritual preceptor. Soon, the pir’s fame spread far and wide, and many began converting to Islam at his hands. Because of this, the pir was faced with stiff opposition from some Hindu priests. His most vehement opponent was Siddh Garib Nath, a Shaivite Gorakhnathi yogi. However, as the story goes, the two soon became friends and, consequently, the pir is said to have ceased his missionary work. The pir and the yogi became, so it is said, so close that they decided to settle down together in the cave where the pir lived. This cave is known as Pir Khoh or the ‘Cave of the Pir’.

Legend has it that the yogi entered the cave and travelled all the way to Matan in Kashmir, never to return again. After he disappeared, his disciples came to Pir Mitha and requested him to accept them as his followers. The pir declined, and told them that they should be faithful to their own guru. When this failed to satisfy them, the pir relented somewhat and told them that they could, if they wanted, take his title of pir, generally associated with Muslim mystics. That is why the cave is today called as Pir Khoh and the heads of the Nath yogis who reside there are known as pirs.

A sizeable number of devotees of Pir Mitha today belong to the Jheer community. The Jheers identify themselves as Hindus, and although they are of ‘low’ caste background (their ancestral profession consisted of drawing water and cleaning utensils for the ‘upper’ castes) they now claim to be Rajputs. One branch of the Jheers, who are known as Kashps, revere Pir Mitha as their patron saint. It is customary for many Kashps who live in Jammu to visit the dargah every morning after having a bath. All their auspicious ceremonies are conducted only after paying respects at the shrine. Many Kashps are migrants or descendants of migrants from Sialkot, now in Pakistan, who fled to Jammu in the wake of the Partition riots in 1947. Several Kashps claim that they managed to flee their homes to Jammu unscathed because of the blessings of their pir.

The Dargah of Baba Jiwan Shah
Baba Jiwan Shah was born in 1852 in the Sialkot district of Punjab in a family known for its piety. At the age of 23, upon the advice of his preceptor, the Chishti Sufi Sain Baqr ‘Ali Shah, he left his village, spending 12 years in meditation and austerities at Akhnoor on the banks of the river Chenab. He then headed for Jammu, where he took up residence in a graveyard, meditating near the grave of the Sufi Sher Shah Wali for 12 years. After this, he spent the rest of his life in the region around Jammu, preaching and making disciples, who included Hindus as well as Muslims. Among these are said to have been Maharaja Pratap Singh, ruler of Jammu and Kashmir (1885-1925) and his brother Amar Singh. The king fixed a regular monthly stipend (wazifa) for him and would often invite him to the royal palace. Another disciple of the Baba was a certain ‘low’ caste man from the Chamar caste, who is buried in a small shrine near the dargah of the Baba in the Mohalla Jeewan Shah in the heart of Jammu town.

The Dargah of the Panj Pir
At Ramnagar, in the outskirts of Jammu town, is the shrine of the panj pirs, the five Muslim saints. The panj pir cult is widespread all over northern India and Pakistan. The composition of the panj pirs varies from place to place, and in some cases, it includes both Muslim as well as Hindu figures. The origins of the cult have been traced back to the Hindu cult of the five Pandava brothers, heroes of the Hindu epic, the Mahabharata, as well as to the Shi‘a Muslim tradition of revering the five members of the ahl ul-bayt, the ‘holy family’ consisting of the Prophet Muhammad, his daughter Fatima, her husband ‘Ali and their sons Hasan and Husain.

Little is known about the history of the panj pir shrine in Jammu. Legend has it that five brothers of a Muslim family spent many years there in meditation and austerities and then they all left to go their own ways. One day the five pirs appeared in a dream to the Maharaja and admonished him for sleeping with his feet pointing to their chillah, the placed where they used to meditate. The next morning, the Maharaja ordered the spot to be excavated, and an umbrella and five kettledrums were found. Believing this to be a holy place, he ordered the construction of a dargah there. He then appointed his royal charioteer, Alif Shah, and a Muslim woman, Khurshid Begum, as custodians of the shrine.

The great popularity of the panj pir shrine, especially among the local Hindus, is believed to be a largely post-1947 phenomenon. It is said that following the Partition riots some Hindus attempted to take over the shrine, claiming that it was actually a temple of the five Pandavas. They went so far as to forcibly install a Shiva linga on top of the grave-like structure inside the dargah.  However, so the story goes, the next morning people discovered that the linga had cracked into pieces on its own. The Hindus took this as a sign that the shrine was actually a Muslim dargah and so withdrew their claims.

At present, the dargah is looked after by a Hindu Rajput, Kuldip Singh Charak. He is the husband of  a Muslim woman, Shamim Akhtar, the daughter of Khurshid Begum, the first custodian of the shrine. He took over this responsibility following Khurshid Begum’s death in 1986.

The participation of people from different religious and caste communities in the Sufi shrines of the town helps, in its own ways, in breaking down barriers between them. Sometimes, it provides a means for people to build friendships across community boundaries. In a way it also helps challenge, or at least question, deeply-rooted social hierarchies. Thus, while ordinarily many high caste Hindus may not eat food cooked by Muslims, in the shrines they accept the sweets prepared by Muslims or so-called low caste Hindus. It is also not rare for Muslim Sufi shrine custodians who are practising Sufis themselves to accept Hindu disciples, while not asking them to renounce their own religion. In one shrine that I visited, a Punjabi Hindu is a disciple of the Muslim custodian. He regularly attends the shrine, where he dons a Muslim-style cap and sits in the courtyard to distribute sweets to the visitors as prashad. This he does on his own volition and has not been told to do so by his spiritual master (pir). But he still  identifies himself as a Hindu and goes to temples as well, and this his Sufi preceptor does not forbid. In this and several other cases, the categories of ‘Hindu’ and ‘Muslim’, while in a sense still valid, do not denote the radical separation, difference or conflict that, unfortunately, they often seem to.

It is important, however, not to exaggerate the ecumenical potential of the Sufi shrines. For many Muslims who attend the shrines the Sufis are seen, above all, as pious Muslim and often as missionaries of Islam. At the same time, they also taught, so their Muslim devotees would stress, love for all creatures of God, irrespective of religion and caste, but their Islamic identity is not in doubt. Another phenomenon that must be taken into account when assessing the possible role of the shrines in promoting interfaith dialogue and interaction is the declining influence of popular Sufism in some sections of the Muslim community. Several educated Muslims in Jammu, as elsewhere, see the cults centred on the shrines as ‘un-Islamic’. The opposition to the cults of the shrines is articulated in what are presented as ‘Islamic’ terms. Thus, it is argued that these cults are a later development, and thus are an ‘innovation’ (bid‘at) from the path of the Prophet. A tradition attributed to the Prophet is routinely cited, according to which the Prophet declared that every bid‘at leads to hell. Hence, several practices associated with the cults of the shrines, such as singing qawwalis or belief in the intermediary powers of buried saints or the belief that the saints are still alive and can hear one’s requests, are branded as ‘un-Islamic’ and as leading those who are involved in them to hell. Furthermore, these beliefs are said to be shirk or akin to polytheism, as they allegedly set up helpers in addition to God. Several of the practices and beliefs associated with the shrines (such as, for instance, offering flowers and sweets at the graves) are also branded as ‘Hinduistic’ (hinduana), and are thus condemned as ‘un-Islamic’.  In this form of Islamic discourse, criticism of the cults of the shrines is also associated with a critique of the shrine custodians, who are said to have a vested interest in promoting ‘un-Islamic’ beliefs (such as faith in the miraculous powers of the saints) in order to fleece the credulous. In turn,  they come to be seen as working to promote Muslim backwardness, including political marginalisation.

Opposition to the cults of the saints is one of the major focuses of some Islamic groups active in the Jammu region, as elsewhere in India. These include the Hanafi Deobandis, the Islamist Jama‘at-i Islami as well as the vehemently anti-Sufi Ahl-i Hadith, all of whom have established a limited presence in Jammu in recent decades.

The Deobandis have a large madrasa in Jammu town, and the imam of the largest mosque in Jammu is also a Deobandi. Besides, there are several Deobandi mosques and madrasas elsewhere in the Jammu province. The Deobandi cause has been further facilitated by the growth of the Tablighi Jama‘at, a Deobandi-inspired movement that seeks to purge Muslim society of what it sees as ‘un-Islamic’ accretions. The movement is said to have started working in the area from the 1970s onwards. As elsewhere, differences between Deobandis and the shrine custodians are intense. Several ‘ulama or Islamic scholars who are attached to the shrines whom I met denounce the Deobandis as hidden fronts of the Saudi ‘Wahhabis’ and as being agents of what they call the ‘enemies of Islam’. They see other Muslim groups, such as the Jama‘at-i Islami and the Ahl-i Hadith in a similar light. Some of the ‘ulama attached to the shrines identify themselves with the Barelvi school of thought, which is associated with the late nineteenth century Imam Ahmad Raza Khan of the town of Bareilly, in present-day Uttar Pradesh, who ardently defended the Sufi tradition from its detractors. Others identify themselves simply as dargah wale or ‘people of the Sufi shrines’.

In assessing the ecumenical potential of the Sufi shrines it must also be borne in mind that for many Hindus who attend the shrines the Sufis might be seen as pious men of God, but this does not necessarily or always translate into positive perceptions of or closer interactions with Muslims, although this sometimes does happen. It is possible for a Hindu to hold deeply-rooted negative stereotypical notions of the Muslim as the religious ‘other’ at the same time as he or she regularly visits a Sufi shrine. Often, this is because, for many people, the shrines are visited only in the hope of getting requests met or problems solved, and not necessarily simply out of devotion and faith or a quest for religious truth. In fact, at the shrines there is no overt discussion of religious doctrines in any great detail, these being often limited in their expression only to brief prayers, mainly silent and undertaken individually. Hence, although there is certainly an encounter and exchange between people of different communities, as such there is very little inter-religious dialogue at the theological level at the shrines. Thus, it is hardly surprising that the vast majority of the Hindus who visit the shrines would learn little about Islam or the doctrines of the Sufis since this is hardly discussed, except perhaps in a very general way when the custodian might refer to these when talking about the need for proper ethical behaviour to people to come to him for assistance. It is likely that since Jammu is a ‘communally-sensitive’ town and since Muslims live here as a small minority, the custodians think it pragmatic not to overtly stress the Islamic aspect identity of the shrines for fear of being looked at with suspicion. It is pragmatic, possibly, in another way for some custodians who accept donations, because an overtly Islamic identity would possibly mean less Hindu visitors and, hence, a decline in their incomes.

Given the ways in which the histories of the Sufis associated with several of the shrines are framed and remembered, and given the fact that people from different communities visit the shrines in sizeable numbers, the dargahs could, it might be thought, be motivated to play a more interventionist role in promoting greater understanding between the different communities at the religious level. There are several constraints, however, in this regard. To begin with, each shrine is an independent entity and there are few formal links between them, and so they do not operate as a group. Secondly, the shrine custodians might appear not to wish to overtly stress the Islamic identity of the shrines in a more explicit way, for reasons mentioned earlier, which limits their own interest in inter-religious dialogue initiatives. Thirdly, many of the custodians do not have the ‘right’ sort contacts, funds and cultural capital that might be needed to organise dialogue initiatives with religious leaders of other communities. Fourthly, in some cases there is simply no interest in the issue since for some shrine custodians their primary consideration is earning a livelihood through the shrines rather than social reform or activism. There is also the simple fact of inertia, and the feeling that since Muslims are in a minority in the town they should maintain a low profile. To add to this is the general perception that such efforts would make little or no difference at all in promoting communal harmony in the region in the absence of a political solution of the Kashmir issue.

Alternative Voices on Peace, Inter-Community Relations and Jihad
In the course of my stay in Jammu and nearby towns I visited a number of Sufi shrines and met with shrine custodians and ‘ulama who are associated with the Barelvi school of thought, which advocates a reformed Sufism. Despite the fact that they are not engaged in any organised inter-community dialogue work, all the shrine custodians and Barelvi scholars I met insisted on the need for harmonious relations between the different communities, and bitterly critiqued the violation of human rights in India, including Kashmir, by Muslim and Hindu militants as well as the armed forces. They unanimously insisted that the killing of innocent people, irrespective of religion, was a grave sin in Islam, and argued for the need for a peaceful resolution to the Kashmir issue. To kill a single innocent person, no matter what his or her religion, they pointed out, is condemned in the Qur’an as tantamount to the slaughter of all humankind. Hence, they stressed, those who loot, rape and kill innocent people cannot be said to be mujahids engaged in a legitimate jihad. Some of them claimed that numerous militants were engaged in such activities. Rather than being Islamically legitimate, they argued that such actions were fitna—strife, chaos or illegitimate rebellion—the very opposite of true jihad. A declaration of jihad can, they pointed out, be made only if Muslims are denied the freedom to practice their faith. Since there is no restriction on the practice of Islam in the state, they said, the conflict cannot be said to be a jihad. One of them, however, claimed that it could be considered a jihad for those militants whose families had been forced to flee Jammu for Pakistan in the Partition violence. To seek to regain lost Muslim land through force, he argued, might also be recognised as a legitimate jihad. This, however, appeared not to be a widely expressed or shared opinion. Some also pointed out that a declaration of jihad cannot be made by just about any Muslim. Rather, a fatwa to this effect must be declared by the accepted imam or leader of the entire community. They argued that since the different militant groups have shown no effort at building unity among themselves they do not have a single imam, who alone could, in theory, might be qualified to issue such a fatwa. Even if they agree on a single imam, his fatwa would not be binding on other Muslims who did not accept him as their imam. On the whole, then, most of the Barelvi scholars and shrine custodians I met felt that the root of the conflict in Kashmir was political, rather than religious. Hence, they argued, it needed a political solution, and they bitterly critiqued the radical Islamists’s claim that it was a war between Islam and ‘infidelity’ that would carry on till the latter had been uprooted.

The shrine custodians and Barelvi scholars I met also stressed the urgent need for better and peaceful relations between different communities, arguing that this was precisely what Islam insisted on, and for which the Sufis had devoted their lives. Some of them claimed that no major Barelvi scholar had characterised the ongoing militant movement in Kashmir as a jihad, and most of them blamed what they called ‘Wahhabis’ (by which they meant a range of such different groups as the Jama‘at-i Islami, the Ahl-i Hadith, the Lashkar-i Tayyeba and the Deobandis, all of whom they regard as having strayed from ‘true’ Islam) for the violence. At the same time they also denounced human rights violations by the Indian Army in Kashmir and the massacre of Muslims by Hindu terrorist groups in other parts of India.

They seemed divided on their own political views, however. All but one opposed Kashmir’s merger with Pakistan. Some of them thought that the only realistic solution was an independent Kashmir. Among these some also expressed the fear that an independent Jammu and Kashmir might result in the imposition of Kashmiri hegemony on the rest of the people of the state. They also opined that, given the fact that radical Islamist groups (whom they do not consider as representing ‘true’ Islam) wield the power of the gun, in an independent Jammu and Kashmir bloody civil war might break out between different groups of Muslims, each of which claims to represent normative Islam. Several others, however, insisted that since Muslims enjoyed religious freedom in India, and since Pakistan had allegedly been turned into a ‘Wahhabi’ bastion, it was best for the Kashmiris to remain with India rather than join Pakistan or be independent. At the same time, they admitted that they could not say this in public, for fear of being targeted or even physically eliminated by the militants. Yet, they added that by their appeals for peace, tolerance and love, they were, in their own ways, seeking to counter the appeal of the militant groups. While bitterly critical of the militants in Kashmir, they were equally adamant that for peace in Kashmir it was imperative that Hindu fascist groups in India also be countered, arguing that the oppression of Muslims in India by Hindu terror groups provided a powerful propaganda tool to Islamist groups in Kashmir.

Numerous custodians of Sufi shrines and Barelvi scholars whom I met in Jammu disagree with the Islamist political agenda of groups like the Jama‘at-i Islami and the Ahl-i Hadith-inspired Lashkar-i Tayyeba that insist on the centrality of an Islamic state. Although, in theory, the Barelvis and many shrine custodians do not deny the normative value of a state ruled in accordance with the shari‘ah, their focus, as in the case of most Sufis, is on individual moral reform, arguing that it is only when Muslims become ‘true’ Muslims in their own daily lives that an Islamic state could become a reality. That, however, is postponed into the indefinite future, since Muslims, like others, are seen as constantly faced with the temptation of the snares of the world. This explains the overwhelming concern on the part of the shrine custodians and Barelvi scholars with the ‘cleansing of the self’, through ritual observance, to the almost complete neglect of political affairs. As many of them see it, political power, in order to establish an Islamic state, is not to be actively sought. Rather, it is a gift that God gives to whomsoever He wills. In the absence of an Islamic state, Muslims are believed to be capable of leading fully Islamic lives, conducting their own personal and social affairs in accordance with Islamic injunctions. This is, of course, in marked contrast to the position of groups like the Jama‘at-i Islami and the Lashkar-i Tayyeba.

The opposition of numerous shrine custodians and Barelvi scholars to the ‘Islamic state’ agenda of groups like the Jama‘at-i Islami and the Lashkar-i Tayyeba is also inextricably related to their bitter critique of what they describe as ‘Wahhabism’. The term derives from the movement launched by the eighteenth century Arab puritan, Shaikh Muhammad bin Abdul Wahhab, who bitterly critiqued what he saw as the ‘corrupt’ and ‘un-Islamic’ practices and beliefs characteristic of much of popular Islam in his own times. He denied the need to strictly follow one of the four established schools of Sunni Islamic jurisprudence. He also denounced Sufism and popular Sufi practices as ‘un-Islamic’. He also opposed the popular Sufi notion of Muhammad being almost superhuman. Muhammad, he insisted, was a mere mortal, although he was a prophet of God. In contrast to the Sufis, he believed that the Prophet was no longer alive, and that his body had turned to dust in his grave. Likewise, he was vehemently opposed to the notion that the Sufis were alive in their graves and that they could intercede with God to have people’s requests met. He castigated such beliefs as akin to shirk, or associating partners with God, a heinous, unforgivable crime in Islam. He suggested that Muslims who held such beliefs were no different from ‘polytheists’ (mushrikun), and, hence, were actually not Muslim at all. Because of this, the ‘Wahhabis’ are routinely condemned by the Sufis as ‘traducers of the Prophet’ (gustakh-i rasul) and ‘enemies of Islam’ (dushmanan-i din).

The Jama‘at-i Islami, the Ahl-i Hadith, with which the Lashkar-i Tayyeba is associated, and the Deobandis, are, typically, seen in Barelvi discourse as different fronts of the ‘Wahhabis’, who are described as ‘anti-Islamic’ and as created by a range of ‘anti-Islamic’ enemies to destroy Islam from within. Commonly, the ‘Wahhabis’ are described as American- or Zionist-agents. It is thus hardly surprising that numerous Barelvi scholars and shrine custodians I met in Jammu were bitterly critical of the militant groups associated with one of the above mentioned Islamic organisations or movements. While they did not directly deny the importance of an Islamic state, they appeared unanimous that, given what they described as the ‘anti-Islamic’ ideology of the different ‘Wahhabi’ groups, the sort of ‘Islamic state’ that the militant groups were seeking to establish would result in bloodshed on a hitherto unprecedented scale, and would hardly deserve to be called ‘Islamic’ at all. Some of them expressed the fear that if Kahmir joined Pakistan or became independent civil war might break out between the different Muslim sectarian groups, given the ‘Wahhabi’ opposition to the deeply rooted Sufi tradition in Kashmir. Hence, several of them argued, for the Kashmiri Muslims it was better to remain in India, under a secular and democratic state, than to live under a ‘Wahhabi’ state, even in an independent Kashmir or as part of Pakistan. They claimed that if Hindu right-wing forces were effectively countered in India and if the oppression of Muslims in India were to cease, Kashmiri Muslims might themselves prefer to live in India, they claimed. When asked how it was that the militants continued to enjoy considerable support from local Kashmiris, even from those who would not identify themselves with one or the other of what they called ‘Wahhabi’ groups, they replied that this was because the ‘Wahhabis’ had deliberately kept their true beliefs concealed behind the rhetoric of jihad. If at all they came to power, they said, they would ‘reveal their true colours’, and begin to attack the Sufis and their adherents. Hence, they suggested, it was imperative that before this could happen ordinary Kashmiris should be made aware of the actual beliefs of the ‘Wahhabis’.

Linked to these complex political arguments is a bitter critique articulated by  several shrine custodians and Barelvi scholars whom I met who insisted that since, by definition, the ‘Wahhabis’ were ‘anti-Islamic’, the so-called jihad that they had launched showed clear signs of being ‘anti-Islamic’ as well. They recounted numerous incidents of militants raping, looting and killing innocent people, and of militant leaders making a lucrative livelihood from donations from abroad in the name of jihad. They also cited instances of militants violently opposing popular Sufi-related practices and even of killing moderate leaders, some of them known for their Sufi piety. All this suggested, as one Barelvi scholar told me, that ‘The Islam that they follow is a fake one’. Because of this, they claimed, many Kashmiri Muslims were now increasingly tired of the ongoing violence and were disillusioned with the jihadist organisations. ‘They yearn for peace and normalcy’, I was told, ‘but they cannot speak out against the oppression of both the armed forces and the militants for fear of being killed’.

T is an Islamic scholar belonging to the Barelvi maslak and is the imam of a mosque near Jammu. I first met him in his simple, sparsely furnished room adjacent to the mosque, where he was surrounded by a group of Muslim peasants. ‘Killing an innocent Hindu just because he isn’t a Muslim is certainly not a jihad’, he tells me in response to my query about what he feels about the ongoing violence in Kashmir. He explains that in a legitimate Islamic jihad non-combatant non-Muslims must not be harmed. Rather, he says, they must be protected. Yet, he laments, many of those who claim to be waging a jihad in Kashmir do not abide by this basic Islamic principle. He recounts the case of a fellow Barelvi maulana who made this point at a public meeting and was later threatened with death by activists from the dreaded Lashkar-i Tayyeba.

T is loathe to discuss politics. ‘I am a religious man’, he says, but he does insist that violence is not the way to solve the Kashmir issue. Rather than directly discuss Kashmiri politics, he prefers to dwell on what he believes is the correct Islamic notion of jihad. He argues that physical violence for the defence of Islam, when Islam or its adherents are under threat, is legitimate, but war for worldly advancement, for land or for power, is not. He tells me that the conflict in Kashmir is simply over the land—both India and Pakistan want to grab it, and they are not really concerned about the people as such—and hence it is not a real jihad. He does not hesitate to condemn the excesses of both the Indian armed forces and certain Pakistan-based militant groups. He recounts cases of killings of innocents by both, describing their actions as unambiguously ‘anti-Islamic’. He fears that such violence might exacerbate in the future, with rival Islamic groups, representing different sectarian formations, fighting each other. ‘The gun culture has become so deeply ingrained that, who knows, Kashmir might go the Pakistan or Afghanistan way, with Shi‘as and Sunnis and Wahhabis training their guns on each other’.

As a traditional Islamic scholar, T’s interaction with the local Hindus is somewhat limited. Yet, he insists on the need for harmonious relations with the Hindus, and laments that in the course of the ongoing violence in Kashmir Hindu-Muslim relations have drastically deteriorated. Yet, he believes that ‘ordinary’ Hindus and Muslims simply want to live in peace and carry on with their lives. He tells me about his experiences of living in a largely Hindu town, where there are few Muslims. In the years that he has lived not once was he targeted by the local Hindus or made to feel unsafe. ‘Given what has been happening in Kashmir’, he says, ‘they might have been expected to hate me, to create trouble for  me, but that wasn’t the case. In fact, they treat me with respect’.

H is a Muslim college student in Jammu. His family are, as he puts it, ‘staunch Barelvis’, and he counts himself as an ardent Barelvi as well.  He has not had a formal Islamic education, but through books and personal meetings with scholars associated with a particular Barelvi organization he has received a fairly good knowledge of his faith.

We talk about this Barelvi organization, and he tells me about how, in its own way, it is trying to promote peace in Kashmir. The organization has arranged numerous public meetings in different parts of Jammu and Kashmir, where Barelvi ‘ulama, including many from other parts of India, deliver lectures on various aspects of the Prophet’s life and teachings. The focus of these lectures is often on social issues, particularly issues of contemporary concern. H names a number of such issues, from female infanticide and dowry to inter-communal amity and the need for peace. ‘We cannot directly speak out the militants or they will kill us’, he says. ‘So we hold out the model of the Prophet as a way to counter their propaganda’.

H insists that Islam, as he sees it, and peace between the different communities, are indivisible. When the Prophet was born, his mother, Amina, saw angels planting white flags, symbolising peace, he tells me. Hence, Muslims must struggle for peace and against the misuse of religion to promote violence against innocent people. One of the meanings of ‘Islam’ in Arabic is peace, he notes, but adds that this does not mean a passive acceptance of things as they are, but, rather, also struggling, through morally justifiable means, for an end to all forms of oppression. This includes working for the rights of non-Muslims as well. To illustrate the point he tells me the story of a property dispute between a  Muslim and a non-Muslim. They appeared before the Prophet, who decided in favour of the latter, although the Muslim had expected that he would rule in his favour simply because he was a Muslim. ‘The Prophet stressed the rights of one’s neighbours, and these include non-Muslims, and said that he who gives unnecessary sorrow to his neighbour would go to hell’, H says gravely.

H stresses the importance of personal behaviour and morality, arguing that calls for jihad and an Islamic state are meaningless if their advocates do not practise genuine spirituality themselves. ‘Your behaviour with others should be such that people think that it is because of Islam that you are good, not, as now, that you are bad because of Islam’, he says. He critiques certain radical Islamist groups in Kashmir, whom he describes as ‘Wahhabis’ and who, he says, are really political and not religious outfits, although they assume an ‘Islamic’ garb. ‘They walk in the path of money, not of Islam’, he says. In the name of jihad, he laments, ‘they have finished us off’. In contrast to their actions, he says, the ‘real jihad’ is to ‘develop a proper Islamic character and to convey the message of Islam to others’. He cites the example of the widely revered Sufi saint, Khwaja Moinuddin Chishti of Ajmer, as a ‘true mujahid’. Through his message of love and peace, he says, scores of people were attracted to Islam. In contrast to the Khwaja, the activities of several radical Islamist outfits have only succeeded in further repelling non-Muslims from Islam, as a result of which they see Muslims as ‘terrorists’. Rather than their activities being a genuine jihad, they are, he says, a ‘great strife’ or fitna, that has no legitimacy in Islam at all.

Like most other Muslims, believes that Islam alone is the way to salvation, but, at the same time, he insists that Islamic missionary work has no room for violence. Rather, he argues that it is only through promoting love and peace that others can be receptive to the message of Islam, adding that this is precisely what the Prophet also sought to do. Non-Muslims are free to accept or reject Islam, and in no case should they be forced to do so.

H tells me that he has ‘nothing to do with politics’, but he believes that a solution to the issue of Kashmir must have the consent of all the various communities in the state. Perhaps, he says, joint rule by India and Pakistan for a few years is a possible solution. He thinks that many Kashmiris might prefer independence, rather than being ruled by Delhi or Islamabad, but says that this option is not without its dangers. In an independent Kashmir, he warns, there is a likelihood of civil war breaking out and sectarian violence spearheaded by ‘Wahhabis’, whom he describes, echoing the views of many other Barelvi scholars, as ‘blasphemers against the Prophet’ (gustakh-i rasul), accusing them of being imperialist creations in order to set Muslims against each other.

R is a practising Sufi, and is the custodian of a large dargah in Jammu. Like many other Barelvi scholars in Jammu, he, too, thinks that the Kashmir issue is political, and not religious as such.

‘No religion, properly interpreted, allows for killing innocent people’, R explains as I settle down on the mattress on the floor of his room, declining a chair that he offers me. In Islam, he tells me, one is allowed to take to arms only in self-defence, when one’s life or faith are under threat. Prior to the outbreak of the militant movement, the Kashmiri Muslims enjoyed freedom of both, he says and pauses, leaving me free to draw my own conclusion. ‘Yes, there have been human rights violations by the armed forces as well’, he admits when I point this out, ‘but the trouble started with the militants, so it’s not entirely the fault of the army’.

R is decidedly opposed to the Islamists, including the Lashkar-i Tayyeba and the Jama‘at-i Islami, groups whom he describes as ‘Wahhabis’. He denies that they are Islamic at all, and says that their demand for an Islamic state in Kashmir is untenable. ‘If Muslims demand an Islamic state in Kashmir of the sort that the Wahhabis want’, he says, ‘how can one deny Hindu groups the same right in India?’.  He points out that the ‘Wahhabis’ and the Hindu right-wing feed on each other, both being ‘thoroughly anti-religious’ while claiming to be the greatest defenders of their respective faiths and communities. He also tells me that the Islamist militants in Kashmir have no concern about the grave consequences Kashmir’s accession to Pakistan or becoming independent might have for the Muslims living in the rest of India, who, he says, number 14 times the Kashmiri Muslim population. It is bound to lead to a strengthening of right-wing Hindu forces, he points out, who might wreak further havoc on the Indian Muslims.

R recognises that the actions of the militants has had a tremendously negative impact on non-Muslim perceptions of Islam and its adherents. ‘Ordinary people cannot distinguish us from the Wahhabis and so they now think that all Muslims are terrorists’, he says in despair. Yet, despite the what he calls the relentless ‘un-Islamic’ propaganda of ‘Wahhabi’ groups, he believes that the majority of the Kashmiri Muslims continue to deeply revere the Sufis. The ‘Wahhabis’ recognise this, and that is why, he claims, they do not openly reveal their beliefs or preach their views, such as their opposition to Sufism and the cults associated with their shrines. Were they to reveal their true beliefs, he says, they would be stiffly opposed by the Kashmiri Muslims themselves.

As R sees it, the ‘Wahhabi’ militants lack true piety, despite their claims of being true mujahids. Several of them are involved in militancy just to make money, he says. And some of them, particularly the leaders of militant groups in Pakistan, have raked in millions in the name of jihad, he assures me. ‘Their politics are totally against the Qur’an and the traditions of the Prophet. They say, no matter what happens, even if innocent people are raped or killed, we want to set up our own government. Surely, the Prophet did not act in this way!’. He refers to Pakistan as an example of a failed state, despite its claims of being a model Islamic country. ‘You can’t impose an Islamic system by force like that’, he says.

It is not easy for people like him to take on the militants directly, says R. Some, including moderate Muslim leaders (he cites the late Qazi Nisar, the Mirwaiz of south Kashmir as an example), who dared to do so have even paid for this with their lives. Rather, R says, he tries to do this indirectly, by telling Muslims about the Prophet and the Sufis and their message of love and tolerance and the meaning of the ‘true jihad’. ‘I point out that we must follow the Prophet alone in all matters, and behave as he did’, he explains. ‘That means that we must work for love and peace. That is precisely what the Sufis, who brought Islam to Kashmir, did, and we should walk in their path’.

R insists on the need for Muslim scholars to reach out to people of other communities. ‘We live in a multi-religious society and so must have good relations with each other. It is only through love and in a peaceful environment that we can disabuse others of the misunderstandings that they have of Islam’, he says. He admits the need for organised work for promoting inter-religious harmony, noting that hardly any efforts have been made in this regard in Jammu. ‘Each of us seems to obsessed with our own communities that we just do not think beyond’, he bemoans.

Every Thursday evening crowds mill around the dargah of Baba Jeewan Shah in the heart of Jammu. From their dress, most visitors seem to be Hindus, the vast majority being women. Many of them look middle-class and probably ‘upper’ caste as well, although some seem from more humble families. Pilgrims stream into the shrine, which is draped with a green cloth and surrounded by a marble screen. In the courtyard, a Hindu lad wearing a Muslim-style cap, a disciple of the Muslim custodian of the shrine, distributes sweetened puffed rice, while a group of Hindu and Muslim women sit around and chat. In a small room that opens out into the courtyard Aslam Sahib, the custodian, sits on a mattress, surrounded by a crowd of women and a few young men. They approach him in turn, explain to him their requests or problems, and he responds with a prayer and instruction.

P is a regular visitor to the shrine. She is a Punjabi Hindu, and her family migrated to Jammu from Lahore in the wake of the Partition. She teaches at a government school is also involved in a local Gandhian welfare organisation. She first heard about the shrine from her aunt, and after visiting the first time felt solace and comfort which drew her back to it. She visits temples as well, and argues that for her God is not restricted to only one sort of place of worship. ‘He is everywhere, even inside your own heart, so you don’t need to go to a temple or shrine or mosque to find Him’, she explains, although she continues to visit the shrine because she experiences a deep sense of peace there.

P believes that the Sufi saints incarnations (avatar) of God. She sees Baba Jiwan Shah as a powerful, yet loving, being. But more than providing access to a source of power, the dargah also affords her a release from the tensions of the day-to-day world. When she feels depressed, she says, she visits the dargah, where she pours out her woes to the buried saint. There she also seeks the advice of Aslam, the custodian, whom she regards as an ‘uncle’. Aslam speaks to her as a friend, and there is nothing specifically ‘Islamic’ in the advice or suggestions that he provides her. ‘He tells me to be good, to refrain from bad things, to lead a pure life. He never seeks to impose his religion or to denigrate other religions’, she says.

P identifies herself as a Hindu, but is critical of Hindu groups that preach hatred for other communities. ‘There is no difference between the RSS and the Jama‘at-i Islami’, she says. ‘Both preach hatred and intolerance’. As she sees it, one need not restrict oneself exclusively to the religion one is born in. ‘There’s no harm at all in taking good things from other religions as well’, she explains. And for this, she says, dargahs provide the ideal platform. It is only in dargahs, she points out, that people of different communities gather together to worship. She speaks about the several Muslim friends she has made whom she first met at the dargah of Baba Jeewan Shah. She also refers to the practice of ‘high’ caste Hindus, Dalits and Muslims eating together in the langar or the dargah’s community kitchen. ‘It’s such a wonderful feeling—us worshipping together in the shrine’, she says, contrasting this with the deeply held negative stereotypes that many Hindus and Muslims share of each other.

Her husband, P tells me, is a staunch BJP supporter. In his younger days he also used to attend the RSS shakha. They keep squabbling, she says, about politics. Yet, she says, whenever he comes to pick her up from the dargah he also goes inside to pay his respects to Baba Jeewan Shah. ‘True men of God have no religion or caste’, she opines as I try to figure out her husband’s rather inexplicable behaviour.
A is a Muslim school teacher from a village near Kishtwar, in the mountainous Doda district. I met him one afternoon at a tea stall outside the Jami‘a mosque in the largely Muslim locality of Mohalla Khatikan in Jammu. He looked plainly tired and harried as he sipped his tea and read out a newspaper story about the killing of a young man in Doda. Apparently, the youth had been kidnapped by a group of militants belonging to the dreaded Deobandi Harkat ul-Mujahidin, who kept him with them for a month. He was then killed by them because he had opposed the marriage of his relative with a Harkat militant.

‘We simply cannot do anything because we are poor people’, A says with an immense sigh. ‘On the one hand the army terrorises us, and on the other hand the militants. We can’t afford to speak up against either of the two’.

It is not just the Hindus who were being targeted by the militants, he explains. In fact, most of those killed in his area, by both the militants and the army, are Muslims. ‘And that means’, he declares emphatically, ‘that this is not a jihad at all’. ‘In a true jihad’, he says, ‘innocents cannot be targeted, women cannot be raped, you cannot steal other’s money or property, but this is precisely what is happening’.

A’s father is said to have been a practising Sufi, and A has inherited from him a passionate commitment to the Sufi way. This explains his strident opposition to the Islamist militants. ‘I used to firmly support the cause of Kashmiri independence’, he tells me, ‘but seeing what these so-called mujahids have done, murdering and looting in God’s name, I have come to the firm conclusion that it is best for us to be with India’. ‘If ever Kashmir becomes independent or joins Pakistan we will descend into civil war’, he warns. Denouncing Islamist radicals, he argues, ‘They claim to be working for an Islamic state, but that’s all hot air. We’ve seen what their agenda is from their actions’. And this includes what he sees as the Islamists’ fierce hostility to Sufism, or what A defines as ‘true’ Islam. ‘Although the militants don’t openly say so for fear of losing public support, we know that they see Sufism as un-Islamic and regard us as little better than polytheists. How can we trust or support such people?’, he asks.

As a devout Muslim, A sees as his primary task the mission of tabligh or communicating the message of Islam to others. That, he says, was the Prophet’s mission in life, not the capture of political power. The best  and most effective way to convey Islam to others, he says, is through one’s own character. ‘If people see how noble and kind you are because you are a good Muslim, they would automatically be attracted to the faith’, he argues. He sees the militants as not only having no interest whatsoever in tabligh and, in fact, as actually working to defeat all possibilities for attracting others to Islam. ‘The militants have created such a hatred in the minds of the Hindus here about Islam that no Hindu would at all be interested in, leave alone attracted to, Islam’, he rues. He refers to Islamist ideologues and militant activists as endlessly proclaiming that Islam has the answer to all the ills of humankind, but then hurriedly adds that obviously no Hindu would ever accept this claim since the militants themselves refuse to act according to Islamic principles. ‘The Hindus answer, and rightly so, that all these wonderful things about Islam should first be practised by the militants themselves, and only then would they care to lend a ear to their propaganda’, he says.

Z is a Shi‘a Muslim and works in a government department in Jammu. He tells me about the small Shi‘a community in the town, which comprises of some 40-odd families. Most of them are Kashmiris and Ladakhis, there being very few local Shi‘as.

Most Shi‘as in Jammu and Kashmir, Z says, think that remaining with India is the best option for them. If Kashmir joins Pakistan, they feel, the Kashmiri Shi‘as are bound to be targeted by militant Islamist groups, as is the case in Pakistan today. ‘In Pakistan Shi‘as worshipping in mosques and imambaras are gunned down in cold blood’, Z tells me. ‘Radical Deobandi and other such groups there are even calling for them to be declared as non-Muslims like the Ahmadis’. ‘On the other hand’, he says, ‘no such thing happens in India, where Shi‘as have complete freedom of religion’.

I ask him if the recent massacre of Muslims in Gujarat does not disprove his point.

‘In Gujarat’, he replies, ‘Muslims were killed indiscriminately, and these included Shi‘as and Sunnis. But in Pakistan, Shi‘as are being singled out for attack, which, in a sense, is probably worse from the Shi‘a point of view’.

No religion, Z argues, gives permission to oppress others, but that is precisely what some Islamists are doing in Kashmir and the RSS is doing in the rest of India. The conflict in Kashmir, therefore, is not a jihad but simply instigated by politicians and ‘pseudo-religious’ leaders to promote their own gains. For this they deliberately give a ‘wrong’ interpretation of the Islamic concept of jihad. According to the Shi‘a faith, Z explains, jihad can only be declared by a leading Shi‘a scholar (maraja or mujtahid). No Shi‘a mujtahid, he adds, has so far blessed the struggle in Kashmir as a jihad. Yet, Shi‘as in Kashmir fear to speak out against the militants for fear of being killed. Yet, Z says thoughtfully, if the ‘Wahhabis’ are not countered they might unleash a wave of killings against the Shi‘as if Kashmir joins Pakistan or becomes independent, as the Taliban did when it captured Afghanistan or as some radical groups in Pakistan are presently doing. He tells me of how the Shi‘as have for long been oppressed in Saudi Arabia by the Wahhabi ‘ulama, who consider them as heretics.

Z says that Shi‘a-Sunni relations in Kashmir have historically been tension-ridden but are now generally peaceful, although suspicions remain. He refers to several hardliner Islamist outfits that are vehemently anti-Shi‘a. He singles out, in particular, what he call as the ‘Wahhabis’, groups, funded, so he claims, by the Saudis, who preach anti-Shi‘a hatred. This propaganda may not have been as successful as was intended, he says, but ordinary Sunnis in many places are said to continue to hold virulently anti-Shi‘a views. ‘Many Sunnis, particularly in the Kashmir valley, believe that Shi‘as spit into the food that they offer Sunnis and pronounce ritual curses, because of which Sunnis refuse to eat their food’. ‘The intention in spreading such baseless rumours’, he explains, ‘is probably to ensure that ordinary Sunnis do not befriend Shi‘as’.

Anti-Shi‘a propaganda has, Z says, not impacted much on Sunni-Shi‘a relations in Jammu, and there have been no violent clashes between them so far. However, in the course of the last several years, primarily as a result of the growing Deobandi, and to a lesser extent, Ahl-i Hadith, influence among the Sunnis of Jammu, Sunni attendance at Shi‘a majalis (religious gatherings) and azadari (mourning rituals commemorating the martyrdom of Imam Hussain) has markedly declined. The Deobandis and the Ahl-i Hadith (in contrast to the Barelvis) castigate these practices as ‘un-Islamic’. Z hastens to add, however, that the local Sunnis and Shi‘as both wish to ensure peaceful relations in Jammu, and suggests the need for the ‘ulama and other leaders of both communities to work together to combat sectarian hatred.  He admits that little has been done on this front, however, although he does mention to efforts of a certain Barelvi organisation headed by Haji Abdul Majid, a local community leader, that organises a public meeting every year to mark the martyrdom of Imam Hussain, grandson of the Prophet. This annual ‘Shahid-i Azam Conference’, organised in the month of Muharram, is attended by Shi‘a and Barelvi ‘ulama from Jammu and Kashmir and other states, who travel around the Jammu province addressing lectures devoted to the Imam’s life and teachings.

N runs a small store in a town in the Jammu district. He has been an acquaintance of mine for several years now. Each time I travel from Jammu to Srinagar or Doda I make it a point to stop in his town and look him up. It is not that I am fond of him at all. To be frank, he repels me with his smug over-confidence, but I find his views interesting in a way. After all, he is an ardent supporter of the Jama‘at-i Islami, and it is not often that one can befriend a hardcore Jama‘ati.

‘I’ve heard that the government is deliberately promoting the Qadiani sect in Kashmir’, N tells me almost as soon as I enter his shop. Before I can react he hurriedly adds, ‘I’ve also heard that Israeli soldiers are going around villages in Kashmir at night dressed as ghosts to scare people’. I think he’s joking, but he is dead serious. ‘Yes’, he seeks to assure me, ‘This is what I heard, that the government of India has employed these Jewish agents to frighten our people’.

N then launches into a loud, aggressive harangue against the Indian government, the Americans, the Jews and other such ‘enemies of Islam’ as he calls them. A small crowd gathers in the shop to listen to his speech. He asks me what brings me to his town this time, and I tell him that I want to meet a certain man, who is said to be a Sufi of sorts.

‘Oh, that man!’, N exclaims with disdain. Probably since the man in question is widely  respected N changes his tone somewhat and says, ‘You can buy all other groups with money and sweet talk but there’s only one group that can never be bought’. Predictably, the one group he is referring to is his very own Jama‘at-i Islami.

‘The Jama‘at’, N boasts, ‘can never waver from the path of Islam’. ‘You will not find such dedicated servants of Islam in any other group’, he asserts. Several other groups that call themselves Muslim, he says, are actually ‘creations’ of the ‘Jews’ and other such ‘enemies of Islam’ or else work, knowingly or unwittingly, to serve their interests. These, according to him, include the Barelvis, the Shi‘as and the Ahmadis. The Shi‘as, he alleges, abuse the companions of the Prophet; the Barelvis supported the British Raj; and the Ahmadis were propped up by the British to divide the Muslims and to destroy the spirit of jihad.

I tell N about the research project I am working on, on peace and religion in Jammu and Kashmir. ‘All this is useless’, he tells me flatly. ‘True peace and justice can only be established if India accepts the Qur’an as its constitution and if its rulers become Muslim’. He offers Saudi Arabia as a model for India to emulate. His father, he says, once visited Saudi Arabia, and came back with stories of ‘true Islamic justice’ strictly followed there. He saw, for instance, a thief’s hand being chopped off, much to the glee of the large crowd gathered to witness the spectacle. N tells me that India should follow the example of Umar, the second Sunni Caliph, who, when he heard that his own son had committed a crime, ordered that he should be flogged with 70 stripes. When, after the thirtieth whipping; his son died, Umar ordered that the remaining forty stripes be inflicted on his grave. In the ‘true’ Islamic dispensation that he dreams of, N tells me that Muslims who refuse to say their prayers shall be treated as apostates and shall be killed, and if a man, even if driven by hunger and poverty, steals food his hand shall be chopped off. I express my alarm, but N defends himself by saying that in the ideal Islamic state that he aspires for the state would provide for the basic needs of all its citizens through the public treasury (ba‘it ul-mal), and, that, therefore, only a habitual or congenital criminal would ever resort to robbery. ‘It is not like in your India where criminals roam freely’, he says with evident disgust.

Not a single Muslim state in the world, I tell N, is the sort of Islamic utopia that he hungers for, not even Pakistan, which I know he passionately supports. ‘Let Pakistan go to hell’, he answers. ‘Every Muslim, no matter where he or she lives, should work to establish an Islamic state, the system of the Prophet (nizam-i mustafa)’. Islam, he tells me, has come to ‘conquer the world’ (ghalib hone ke liye), not to be dominated (maghlub) by other ideologies or religions. This is why, he says, the ‘enemies of Islam’ (here he specifically names the Jews, Christians and Hindus) are ‘mortally afraid’ of Islam and have been consistently ‘conspiring’ to eliminate it. It is because of this, he says, that Muslims all over the world are being cruelly oppressed.

I venture to ask him if his claim is true how is it he can speak so freely in his town, which has only a very small Muslim population, almost all its inhabitants being Hindus. It is with great difficulty that I repress the urge to tell him that if he spoke so assertively in many Muslim countries he could be sure that he would have been marched off at once to the gallows.

N tells me that Muslims in Kashmir and in India must struggle to establish a state on the model of that of the Prophet in Medina more than 1400 years ago. For this purpose they must also engage in missionary work among the Hindus, to bring them to Islam, because, he claims, Islam is the only way to salvation in this world and the world after death. I tell him that his aggressive ways and his championing of violence is surely no way to convince others of the claims that he makes on behalf of Islam. The Qu’ran, I point out, tells Muslims that they should preach their faith with ‘gentle words’. N, however, rudely cuts me short and blurts, ‘Islam tells us that it is our duty to speak the truth boldly before others even if it hurts them’.

I decide that I must have my say now. I simply cannot let N go on. I tell him that if he thinks missionary work is a principle duty incumbent upon all Muslims, the seemingly most vocal champions of Islam in Kashmir, the Islamist militants, seem to have completely forgotten this task. Surely, I say, the killings of innocent people by the militants would only further repel people from Islam rather than attract them towards it. But before I can complete my sentence, N retorts, ‘Nowhere in Kashmir have the militants killed any innocent people. You have been fed on wrong propaganda in the newspapers spread by the enemies of Islam’.

When I say that he is talking arrant nonsense he relents somewhat and says, ‘It may be that one or two people have disguised themselves as militants and killed others to settle personal scores but they are not true militants’.

The conversation is, of course, getting nowhere, and I decide to leave. N grabs my hand and gives it a firm shake. ‘I pray to Allah that the next time we meet you will have the Qur’an in this hand of yours and you will be a brave soldier of Islam’, he says with a supercilious smile.

I do not conceal my anger, but I bid him farewell.

As I walk down from N’s shop I am followed by a group of cheerful school boys who have witnessed my heated encounter with N.  ‘Uncle ji’, one of them, a Muslim lad, tells me, ‘Please do not mind what that man said. He is notorious for being a stupid loud-mouth’. Another boy, who also happens to be a Muslim, chirps in, ‘Yes, he is a little mad’.

I cannot suppress my laughter and the children join me in shrieking out in delight.

Conclusion
As these diverse voices so strikingly suggest, Islam, like any other religion, can be understood and interpreted in a variety of ways, often mutually opposed. They point to the obvious, although often overlooked, fact of the fractured and fiercely contested nature of Islamic discourse. The notion of there being a singular, monolithic understanding of Islam, so deeply cherished by radical Islamists and their opponents alike, is, therefore, obviously misleading. The Muslim monolith is a mythical creation. Different Muslim groups offer different understandings of normative Islam, which, in turn, can go along with different political agendas which are sought to be legitimised as ‘Islamic’. This diversity of opinion offers room for promoting alternative ways of imagining inter-community relations in ‘Islamic’ terms.

The voices highlighted here point to the theological resources contained within a broadly defined ‘Islamic’ paradigm that can be used to critique the exclusivist and hostile notions of the non-Muslim ‘other’ that are so deeply ingrained in Islamist discourse, and which are routinely employed by those who see themselves engaged in what they describe as a jihad in Kashmir. Even the belief, held by many people highlighted here, that Islam represents the absolute truth, can be used to counter the arguments of the radical Islamists. Thus, for instance, the stress on the need for peaceful missionary work, and the belief that violence in the name of jihad would gravely hamper the prospects for tabligh, only further alienating Hindus from Islam, is a powerful critique of what the radical Islamists consider as a jihad.

These alternative voices that, in their own ways, critique both the radical Islamists as well as rightwing Hindu groups, cry out to be heard. They can serve as crucial resources in countering the appeals of both Islamist as well as Hindutva extremists and in developing alternative ways of conceiving of inter-community relations in Jammu and Kashmir. In turn, highlighting and promoting such voices could, in its own limited way, help promote efforts to bring about a peaceful solution to the Kashmir conflict, one that does justice to all the various communities inhabiting the state.

The History of Kashmiri Jihad

by Yoginder Sikand

Introduction
More than half a century after Partition, the vexed Kashmir issue continues to fester, threatening to plunge India and Pakistan into the throes of nuclear war. Meanwhile, an estimated 80,000 Kashmiris have lost their lives in the on-going civil war in the area, leaving thousands more raped, orphaned and permanently maimed for life. Religion plays a central role in defining the very way in which the Kashmir issue is seen, by the Kashmiris themselves, and by both India and Pakistan. As a Muslim majority state, albeit with a significant Hindu minority, Pakistan insists that the very logic of the ‘two-nation’ theory on which it is founded demands that Kashmir should be a part of it. India, on the other hand, claims that the Kashmiris had thrown in their lot with it in 1947, thus forcefully challenging the legitimacy of the theory of Hindus and Muslims being two separate and antagonistic nations. For many Kashmiri themselves, religion per se is not at the root of the problem, which is seen as essentially political, a quest for self-determination of their own political future. A considerable section of the Kashmiris themselves would seem to support the idea of an independent Kashmir. Indeed, the Kashmiri nationalists who launched the militant struggle in the region in the late 1980s aimed at setting up a sovereign, democratic state, with equal rights for all its citizens, irrespective of religion. From the early 1990s, however, owing particularly to growing Pakistani involvement, Islam emerged as a central issue defining the way in which the Kashmiri struggle came to be framed. For a new breed of Islamist militants, their struggle against India was seen as an Islamic jihad, fired by an irrepressible zeal against the ‘enemies’ of the faith. This so-called jihad is now being sought to be taken further into India, with attacks by Islamist suicide squads on temples, government buildings and other sensitive locations in various parts of the country.

Muslim militancy in Kashmir and Hindu militancy in India feed on each other, with Hindu chauvinist outfits portraying the conflict in Kashmir as a defence of the indivisible ‘Hindu’ motherland from marauding Islamic hordes. The events in Kashmir have led to a complete breakdown of inter-faith relations in the state of Jammu and Kashmir, with most of the Hindus of the Kashmir valley having fled their homes, and scores of Hindus and Muslims having lost their lives in internecine violence. Elsewhere in India, the Kashmir imbroglio has contributed to a general heightening of Hindu-Muslim strife and conflict, as well as a rapid deterioration of relations between India and Pakistan, setting off fears of a nuclear catastrophe in the region.

This article looks at how the terms of discourse of the Kashmiri struggle have been transformed over time, and how the secular, nationalist Kashmiri movement has been overtaken by radical Islamists pursuing a very different political project, as represented by the Jama’at-i Islami of Jammu and Kashmir and the Lashkar-i Tayyeba. It focuses, in particular, with the issue of how Islam has been understood by Islamists to legitimize their involvement in the current struggle in the region as a jihad, looking at what this means for relations between Kashmiri Muslims and the Kashmiri Hindus and for the ways in which the former are expected to relate to the Indian state. It seeks to grapple with the crucial question of the shifting identities of the Kashmiri Muslims, faced with the might of the Indian state, increasingly defined by an aggressively militant Hindu agenda, on the one hand, and with the increasing salience of Islamist organizations, on the other.

Roots of Revolt
The early Kashmiri independence movement, whose roots go back to the uprising against the Hindu Dogra regime in the 1930s, saw itself principally as a nationalist struggle. From the 1930s till 1947, the Kashmiri movement, under the charismatic Shaikh Muhammad ‘Abdullah, aimed at challenging the autocratic rule of the Dogras, demanding proper representation for the Kashmiri Muslims in the administration of the state. In 1947, most of Kashmir came under Indian rule, and from then onwards, a sizeable section of the Muslims of Kashmir carried on, largely through peaceful agitation, a movement for the establishment of an independent state. As ‘Abdullah’s charisma’s gradually declined, with the failure of his National Conference to meet the aspirations of the people and to preserve the autonomy of Kashmir, a new breed of Kashmiri nationalists emerged, disillusioned with what they saw as ‘Abdullah’s complicity with the Indian state. The leadership of the movement was provided by young Kashmiri Muslims who had received a modern education in the colleges that began to be set up in the region after 1947. Their principal demand was that India should fulfill its commitments to the United Nations and allow a plebiscite to be held in the territory to enable the people to decide their own political future. Challenging the legitimacy of Indian rule, these Kashmiri nationalists advocated an independent, secular democratic Jammu and Kashmir. The ideology informing their nationalist project was that of Kashmiriyat or ‘Kashmiri identity’, which they saw as a unique amalgam of traditions drawing upon local Muslim, Hindu and other sources. The Kashmiri nationalist project was spearheaded by several organizations and parties, the foremost being the JKLF, established in 1964. The JKLF demanded that the state of Jammu and Kashmir as it existed prior to 1947 be united as ‘one fully independent and truly democratic State’. It advocated ‘equal political, economic, religious and social rights’ for all citizens in the proposed state, ‘irrespective of race, religion, region, culture and sex’.

Parallel to the rise of the Kashmiri nationalists, Kashmir in the late 1930s also witnessed the emergence of an Islamist movement. The roots of the Islamist emergence can be traced to the reformist efforts of the Ahl-i Hadith (‘People of the Prophetic Tradition’), established in Kashmir in 1925. The Ahl-i Hadith saw themselves as inheritors of the legacy of the Prophet and his Companions, crusading against popular Sufism, the dominant form of Islamic expression in Kashmir, branding it as un-Islamic. Given the deep-rootedness of the Sufi tradition in Kashmir, the Ahl-i Hadith singularly failed to develop a mass following. Rather, it remained, as it does even today, a largely elitist phenomenon, with its core support base among a limited section of the urban middle classes. Ahl-i Hadith-style reformism did, however, provide fertile ground for the emergence of other Islamist trends from the 1930s onwards. Islamism in Kashmir found its most vocal champion in the Jama‘at-i Islami, established in 1941 by Sayyed Abul ‘Ala Maududi, and organised as an independent organisation and political party in Kashmir in 1952.

The Jama‘at-i Islami of Jammu Kashmir (JIJK) remained, at least at the political level, a marginal force in Kashmir till the 1980s, but with the launching of the armed struggle in 1989 it came to play a central role in Kashmiri politics. It forcefully sought to present the armed struggle as a jihad between Islam and disbelief (kufr), thereby challenging the Kashmiri nationalists’ definition of the struggle as one between the Kashmiri nation and the Indian state. The Jama‘at sees the struggle as a war between Muslims and the ‘enemies’ of the faith, and is bitterly critical of the notion of a separate Kashmiri national identity. Rather, it insists that the Kashmiris are simply a part of the worldwide Muslim ummah, not a nation by themselves, for, according to it, Islam and nationalism are incompatible with each other. Hence, it argues, the mission of the Kashmiri struggle is not to set up an independent state, which is what the nationalists’ project is all about, but, rather, to make Kashmir a part of Muslim Pakistan.

The JIJK’s efforts at restructuring the framework of discourse within which the Kashmiri struggle sought to express itself has, from the early 1990s, been given further impetus by the growing intervention in Kashmir of Islamist groups based in Pakistan. These groups tend to see the Kashmiri struggle not simply as a jihad between the Muslims of Kashmir and the Indian state, but in far wider terms: as a ‘holy war’ between the Muslims of the world, on the one hand, and the Hindus as an entire community, in league with other ‘disbelieving’ ‘enemies of Islam’, on the other. In this grand battle, all national and geographical barriers are completely demolished—all Muslims, wherever they may be, are seen as being responsible for contributing in some way or the other in this jihad. On the other hand, Hindus are seen as complicit in the oppression of the Kashmiri Muslims, and hence, considered as enemies. Interestingly, the Hindus are regarded as being hand in glove with other ‘enemies’ of the Muslim ummah—the Jews and the Christian West—against whom, too, a jihad needs to be waged.

The JIJK and the Kashmiri Jihad
The JIJK was established as an independent organization in 1952, although from the late 1930s a growing number of Kashmiri Muslims had come under the influence of the founder of the Jama‘at, Maulana Maududi, principally through his powerful writings. The JIJK presented itself as committed to establishing an Islamic state in Kashmir based on the shari‘ah, but using democratic means of peaceful persuasion for attaining its goals. This was stressed in its Constitution, adopted in 1953. Article 2 [b] of its Constitution states that

The Jama‘at shall not employ ways and means against ethics, truthfulness and honesty or which may contribute to strife on earth.

Article 2 [c] of its Constitution lays down that the Jama‘at shall use democratic and constitutional methods, while working for the reform and righteous revolution.

Till the late 1960s, the JIJK sought to cultivate a constituency for itself through publishing and distributing literature, establishing reading rooms and discussion groups, setting up a network of schools all over the state, and through public lectures. In 1969, for the first time, the JIJK decided to enter the electoral fray, by sponsoring a number of candidates for the local level (panchayati) elections which were held on a non-party basis. Apparently, it was felt that by remaining outside the sphere of electoral politics it was being rendered increasingly ineffective. It was thought, therefore, that elections were ‘the best platform to popularize the message of the movement’.  Later, the JIJK went on to participate in successive provincial as well as general elections as an independent political party. It failed, however, to win an impressive number of seats in any election, owing both to widespread rigging engineered by the Indian authorities as well as a definite lack of enthusiasm for the JIJK’s agenda on the part of the electorate.

The last time that the JIJK participated in the electoral field was in the 1987 elections, as part of the eleven-party alliance, the Muslim Muttahida Mahaz (Muslim United Front or MUF), a group of several Kashmiri parties championing the right to political self-determination of the Kashmiri people. It was widely expected that the MUF would do well in the elections and might even be able to win a majority. However, these elections, like all the others previously held in Kashmir, were marked by massive rigging by the Indian authorities, as a result of which only four MUF candidates were officially declared elected. The election results met with an upsurge of rage and opposition, with mass demonstrations being held against the Indian state for subverting the democratic process. Then, in 1988, having tired of the democratic path of seeking to win the right to self-determination, an armed struggle for the liberation of Kashmir from Indian rule was launched. On 31 July 1989, two massive bomb blasts in the heart of Srinagar, the capital of the state, heralded the launching of the armed struggle. The JKLF claimed responsibility for the act.

The armed struggle launched by the JKLF for the independence of Kashmir found mass support among the Kashmiri Muslims, disillusioned as they were with Indian rule and with the subversion of democratic institutions in Kashmir. The MUF initially hesitated in joining the armed struggle, directing its four representatives within the state assembly, including Sayyed ‘Ali Gilani, chief ideologue of the JIJK, to retain their seats so as to be able to air the grievances of the people. However, the rising tide of the JKLF-led struggle soon proved too much for the MUF high command to ignore, and in 1989, it instructed its members in the state assembly to resign and to join the struggle. The JIJK now decided to fully immerse itself in the militant movement, and in 1990 it set up its own militant wing, the Hizb ul-Mujahidin (‘The Army of the Holy Warriors’, HM).

Given the JKLF’s immense popularity among the Kashmiri Muslims, and the mass support for its goal of an independent, democratic and secular Jammu and Kashmir, the JIJK and the HM had to struggle against great odds in putting forward their own agenda of making Kashmir part of Pakistan and establishing an Islamic state in the region. One of the major hurdles that the JIJK had to face in expanding its base beyond a narrow circle of middle class sympathizers was its perceived attitude towards popular Sufi traditions. The JIJK, rooted as it was in a fierce opposition to popular Sufism, was seen by many Kashmiris as opposed to the Sufi saints as such, whom they held in great respect, and despite its efforts to convince people that this was not the case, the JIJK was unable to dispel the notion. Since Sufism is still a dominant form of Islamic expression in Kashmir, this was seen by many as hostility towards Islam itself. Making the JIJK’s project more difficult for itself was the fact that although most Kashmiri Muslims were certainly disillusioned with India, it is unlikely that a majority of them would have preferred to join Pakistan instead or to be ruled under a strict Islamist regime, as the JIJK and the HM advocated. To make matters even more difficult for the Islamists was the widespread abuses of human rights by the Indian armed forces, resulting in the killings of many Kashmiri Muslims, among whom were several known Islamist activists and sympathizers.

Despite the immense odds that the Islamists had to contend with, from both the Kashmiri nationalists as well as the Indian armed forces, they strove, through publications, mass meetings, public rallies and the work of their activists, to convince the Kashmiris that the solution to the crisis lay in the project that they were advocating, a counter to both Indian rule and demands for independent nationhood. In this manner, a shift was sought to be made in the terms within which the liberation struggle was being waged. Islam, not Kashmiriyat, and accession to Pakistan, not an independent Kashmir, were presented as the solutions to the Kashmir problem. Such arguments now began to exercise a broader appeal, especially with the rise of militant anti-Muslim Hindu groups in India, and the subsequent large-scale killings of Muslims in the wake of the destruction of the Babri mosque in 1992. Indeed, the growing popularity of the Islamists in Kashmir and the consequent marginalization of the Kashmiri nationalists has much to do with the rapid spread of the radical Hindu Right in India. The very real dangers that the rise of Hindutva posed to Muslim lives and identity in India, and to the Muslims of Kashmir as well, made the argument more convincing that the struggle being waged in Kashmir was one between kufr and Islam.

The Islamist reworking of the discursive framework in which the Kashmiri struggle has sought to express itself is well illustrated in the case of the writings of Sayyed ‘Ali Shah Gilani. Gilani has held many top positions in the JIJK, and was for long the chief political spokesman of the party, besides holding the post of chairman of the All-Parties’ Hurriyat Conference, an alliance of thirty-four Kashmiri Muslim parties and organizations fighting for Kashmir’s freedom from Indian control. He is one of the most senior present-day Kashmiri political leaders and also has the distinction of being the most prolific writer among them all.

Gilani’s major writings all date to the 1990s, a period when the JIJK had already immersed itself in the armed struggle, in which Gilani himself played a key role, and for which he was forced to spend several years in various jails. Not surprisingly, Gilani’s writings focus almost solely on the issue of Kashmir’s freedom from Indian control. He devotes little attention in his writings to Islamic law, theology and doctrines, for being an ideologue of the JIJK, he takes Maududi’s voluminous writings on these subjects as authoritative. Gilani’s concern is to place the Kashmiri struggle within the Islamist discursive framework. Thus, the struggle is depicted as a jihad, the goal of which is the merger of Kashmir with Pakistan and the establishing of an Islamic state in the region. As we shall see, however, Gilani’s understanding of the struggle differs at some crucial points with the views of the Pakistan-based jihadist outfits, being considerably less radical and uncompromising, at least in some crucial aspects.

Three features are of particular importance in Gilani’s description of what he calls the Kashmiri jihad. Firstly, the jihad is seen as directed against the Indian state and its agents, and not against Hindus or Indians as such. Secondly, the jihad has the limited goal of freeing Kashmir from Indian control. Thirdly, the mujihadin have no intention of intervening in Indian internal affairs after the liberation of Kashmir. Once the Kashmir issue is solved by freeing the territory from Indian control and merging it with Pakistan, India and Pakistan, Gilani writes, will be able to establish peaceful and cordial relations with each other, for the root cause of the tensions between the two countries is the dispute over the issue of Kashmir.

Gilani sees the armed struggle being waged in Kashmir not as a war of national liberation, but as a jihad between Islam, on the one hand, and the forces of kufr or disbelief, on the other. He argues that a combination of various developments—India’s denial to the Kashmiris of their right to self-determination, its brutal suppression of the Kashmiri struggle which has resulted in the deaths of many thousand Kashmiris, and the rapid rise in India of anti-Muslim Hindu chauvinism—have necessitated the launching of a jihad against India. He writes that the Indian state has, by its actions, ‘proved its extreme hostility towards the religious and moral sensibilities [of the Muslims] and the tenets of Islam’. ‘Wherever and whenever the laws of Islam are held out for insult and the religious rights [of the Muslims] are trampled upon’, he declares, ‘jihad becomes a binding obligation (farz) for all Muslims’. Such a situation, he says, prevails in Kashmir, and hence the need for a jihad to be waged there.  This jihad, he stresses, calls for the participation of all Muslims, not just Kashmiris alone. In a telephonic interview in 1992 with a Lahore-based journalist soon after his release from a long spell in prison, Gilani declared:

It has now become incumbent, in the light of the teachings of the Holy Qur’an, upon all the people of Pakistan to participate in the [Kashmir] jihad. They should now stand up determinedly and assist their Kashmiri brethren in the practical jihad. This jihad is a religious duty binding not only on the people of Pakistan, but, in fact, on the entire Muslim ummah [...] The extreme oppression that the Kashmiri Muslims are having to face is an open challenge for the entire Muslim ummah. All Muslims must now move ahead, help the oppressed Muslims [of Kashmir] and stop the hands of the oppressors.

While declaring the armed struggle a jihad, Gilani makes it clear, however, that the armed struggle is directed against the Indian state and not against Hindus or Indian citizens per se. He makes a clear distinction between the Indian state, on the one hand, and ordinary Indians and Hindus, on the other. Thus, in an appeal to the Kashmiri militants in April 1992 Gilani asserted that, ‘The mujahidin have just two enemies: the Indian state and its agents. To waste the power of our youth on targets other than these two is like pouring salt on the wounds of our oppressed people’.  Gilani has, on numerous occasions, appealed for communal harmony between Hindus and Muslims in Kashmir. He stresses that Hindu-Muslim relations in the state have traditionally always been cordial, and that in the past the Valley has never known the wild bloodletting between Hindus and Muslims that has erupted periodically, and now on a menacingly increasing scale, in India.  Defending the armed struggle from charges of being anti-Hindu, he asserts that the mass exodus of the Kashmiri Pandits in the early 1990s was actually instigated by the Indian authorities in order to project the Kashmiri struggle as an ‘Islamic terrorist’ movement, so as to discredit it in the eyes of the West.  Gilani has issued several appeals to the Kashmiri Pandits who have fled from their homes to return and join their Muslim brethren in the struggle.  He has also warned the mujahidin that they should desist from any actions ‘which will give their opponents a chance to brand them as terrorists’.

Gilani’s opposition to the Indian state is limited insofar as his prime objective is to liberate Kashmir from Indian control. The jihad against India, in other words, is circumscribed by the limited objective of freeing Kashmir from Indian rule. Thus, he asserts that after Kashmir is freed from Indian occupation, the JIJK would ‘like to see India as free, prosperous and peaceful’.  Criticizing certain un-named Kashmiri militant groups for spreading anti-India hatred, he says:

Emotional slogans such as ‘Crush India!’ are neither realistic nor do they reflect the spirit of Islam. At root, Islam is based on invitation to prosperity, witness to the truth, salvation in the Hereafter, protection of the truth, the ending of every form of oppression and creating understanding between all children of Adam. This, indeed, is the message of the life of the Prophet Muhammad (may peace be upon him). Even when the people of Ta’if unleashed a wave of unlimited oppression on the Prophet of Islam (may peace be upon him), he did not pray to God that they should be destroyed but, rather, that He should guide them [to the right path]. This is why I believe our struggle should be geared only to gaining our rights […] The slogan of Islam is not one of destruction but of invitation [to the Truth], prosperity, peace and truth.

The legitimacy of the category of the ‘Kashmiri nation’ that forms the subject of Kashmiri nationalist discourse is vehemently denied by Gilani, this being a logical outcome of his own Islamist position that sees Islam and nationalism as being in complete contradiction to each other. Here, of course, Gilani seeks to question the very basis of the political agenda of the major rivals of the JIJK, the various Kashmiri nationalist groups such as the JKLF. Gilani argues that nationalism is a ‘poisonous philosophy’ which the ‘enemies of Islam’, foremost being ‘various Western philosophies’, have deliberately sought to infect Muslims with so as to divide and weaken them so that they can be kept under their control. He insists that the Muslim world-wide ummah is one, monolithic ideological community, cemented together on the basis of ‘common belief and faith’, which sees no differences of colour, race, language, caste, tribe or family.  He asserts that ‘whenever Muslims have ignored the principles of Islam, which sees no boundaries of region, they have lost their power and have become like any other community’. Territorial nationalism, he writes, has proved to be the bane of the Muslims, for it has divided them into different states and, thereby, has deflected them from the task of ‘changing the conditions of the entire human race’.

Islam, says Gilani, makes a clear distinction between ‘love for their country’ (watan dosti), which it allows, and territorial nationalism or ‘nation worship’ (watan parasti), which it clearly forbids. ‘Nation worship’, based on the principle of ‘my nation, right or wrong’, Gilani writes, leads to group prejudice, a quality of the period of the pre-Islamic period of jahiliya, an age of utter darkness.  He lays much of the blame for strife, war and bloodshed that characterizes the world today on territorial nationalism. ‘Nationalism is the slogan of the jahiliya’, he argues, because the nation has usurped from Islam the ‘right to decide the criterion for what is right and what is wrong’. Because of this, large states, such as India, prey on smaller, weaker states, causing endless suffering and misery, ‘with millions of people being sacrificed at the altar of nationalism’—in the Kashmiri case, ‘at the hands of the priests of Mother India’. However, he asserts, by denying the narrow boundaries that ‘nation worship’ has inscribed, Islam has ‘destroyed into smithereens the idol of nationalism until the Day of Resurrection’.

All Muslims being considered as one nation, Muslims and Hindus in India, and Kashmir as well, are considered to be members of two different nations despite living in the same territory. This, Gilani says, is ‘an undeniable truth’ (na qabil-i tardid haqiqat). He writes, conveniently glossing over the remarkable degree to which Muslims in India and Kashmir share a common culture with the Hindus, that not just in matters of faith, beliefs and customs do the two differ, but that they are also distinct and sharply set apart from each other in such matters as food, clothing and lifestyles. For Muslims to stay among Hindus or in an environment which is very different from their own is said to be as difficult as it is ‘for a fish to stay alive in a desert’. Muslims, he says, cannot live harmoniously with a Hindu majority without their own religion and traditions coming under a grave threat, one major factor being Hinduism’s capacity to absorb other religions and communities into its fold. Hence, for Islam to be preserved and promoted in Kashmir, he insists, it is necessary for Kashmir to be separated from India.  Curiously enough, he is silent on the fate of the over 150 million Muslims living in the rest of India.

If all Muslims form one nation and nationalism is antithetical to Islam, then, Gilani implicitly argues, the Kashmiri nationalist project of groups such as the JKLF is itself ‘un-Islamic’. From this it follows that the ‘Islamic’ solution to the Kashmir question is not the establishment of an independent Kashmiri nation-state but, rather, the incorporation of Kashmir into an already-existing existing Muslim state, Pakistan. This is seen as the first step towards the eventual unity of all Muslims. In a pamphlet titled Masla Ka Hal (‘The Solution to the Problem’), issued in 1992, Gilani expressed this view thus:

To advocate that one Muslim group (qaum) be kept apart from the rest would be against the very definition of a people (millat), whose communal identity is based only on one pure creed (kalima tayyiba) , especially so when that group shares common ideological, cultural and communal relations with a neighbouring [Muslim] group as well as a common border […] For such a group to maintain a separate political identity of its own is against the broader interests of the entire Muslim millat.

The JIJK has, in fact, been among the most vocal champions of the merger of Jammu and Kashmir with Pakistan. In a letter to Nawaz Sharif, the then Prime Minister of Pakistan, in June 1993, Gilani commented that in Kashmir the JIJK and the HM ‘were the most reliable groups supporting the ideology of Pakistan’ , and declared that the final goal of the JIJK was Kashmir’s accession to that country.  In the Kashmir jihad, therefore, the Pakistanis state is seen as having a central role to play, in addition, of course, to the Pakistani people, who are asked to assist the jihad. Thus, in his letter Gilani appealed to the Pakistani Prime Minister for further assistance, but bitterly criticized Pakistan’s alleged policy of ‘taking everyone together’, by which he meant Pakistani support for Kashmiri nationalist groups, in addition to the Islamists. Gilani complained that such a policy was not only ‘un-Islamic’; it also is against the very interests of Pakistan itself. He labeled the nationalists as ‘enemies of the jihad’, and foes of Pakistan, and cautioned that assistance to such groups as advocate secular nationalism posed a grave threat ‘to Pakistan’s stability and existence’.

Pakistani Jihadists and the Kashmir Jihad

The Islamic Revolution in Iran in 1979, followed by the jihad in Afghanistan (1979-89) against the Soviet occupation soon turned Pakistan into what one commentator termed as ‘the original staging ground of Jihad as an international movement’.  Large sums of money and huge quantities of arms now began pouring into Pakistan from various sources, particularly from the USA and Saudi Arabia, apprehensive as both of them were of Soviet expansionism and the Iranian-style anti-monarchical and anti-Western Islamic radicalism in the region. From the early 1980s, Pakistan emerged as the major launching pad for numerous militant Islamist groups fighting in Afghanistan, with large numbers of activists flocking there not only from Afghanistan, but also from the Arab world and from Muslim communities in the West, fired by an irrepressible zeal for the cause of the jihad against the godless Soviets. Several Pakistani Islamic parties, particularly the Jama‘at-i Islami, the Jami‘at-i ‘Ulama-i-Islam and the Jami‘at-i ‘Ulama-i-Pakistan were also drawn into the jihad, and set up or sponsored their own militant wings. Numerous Islamic seminaries (madrasas) sprang up all over the country, lavishly patronized by the Pakistani military dictator Zia ul-Haq and the Saudis, almost all based on sectarian affiliation, to train their students for the jihad. The consequent spread of what has been called the ‘gun-culture’ in Pakistan was a major consequence of all these factors. Thus, with arms and funds easily available, Pakistan was rapidly faced with widespread internal conflict, which took several forms—ethnic, between Mohajirs and Pathans in Karachi; and sectarian, between Sunnis and minority Shi‘as and, among Sunnis themselves, between Deobandis and Barelwis.

Besides the Soviet presence at Pakistan’s very doorstep, several internal factors were responsible for Zia’s patronage of radical jihadist outfits. Having captured power through a military coup in 1977, and lacking legitimacy for his rule, he sought to win support for his regime through appeals to Islam, introducing cosmetic changes in the law, such as Islamic punishments, in the name of Islamization, for which he won the warm support of Islamist groups such as the Jama‘at-i Islami. Linked to the Islamization project that Zia and Pakistani rulers after him sought to pursue at home was Pakistan’s Kashmir policy. To begin with, Pakistan is believed to have extended armed support to the JKLF, arranging for training some of its fighters in the wake of the beginning of the armed uprising in Kashmir in 1989. Soon, however, it was clear to the Pakistani establishment that the JKLF, with its agenda of a free, democratic Kashmir, would not only not toe its line but also pose a threat to its own strategic interests. Hence, from the early 1990s began a policy of deliberate marginalization of the Kashmiri nationalists by the Pakistani establishment, alongside with the cultivation of Pakistani Islamists, who had emerged in the years of the Afghan war, to enter the Kashmir jihad, coupled with lavish patronage extended to Kashmiri Islamist groups such as the JIJK and the HM.

As a result of this change in Pakistan’s Kashmir policy from the early 1990s onwards, particularly since the mujahidin victory in Afghanistan in 1992, numerous jihadist outfits in Pakistan began turning their attention towards Kashmir. By the late 1990s, these Pakistani jihadists were playing a key role in the fighting in Kashmir, eclipsing even local Kashmiri groups. Thus, a report brought out by the Indian army in 2000 highlighted the fact that almost all the militant groups active in Kashmir were pro-Pakistan or Pakistan-based, and that the JKLF, the only non-Islamist group included in its list, was ‘presently on a low profile’. It estimated that there were some 2750 pro-Pakistan Islamist militants active in Kashmir, while it put the number of JKLF militants at only 60.  The groups to whom these Islamists belonged groups were actively assisted by the Pakistani establishment, in particular by its ISI.

With increasing Western criticism of the Pakistani state’s role in sponsoring what some have termed as ‘Islamic terrorism’, an increasing ‘privitization of jihad’ has occurred.  Thus, Pakistan-based organizations that claim to be autonomous of the Pakistani establishment, but are, of course, still dependent on it for patronage, have taken up the task of spearheading the jihad. What is particularly striking about most of these groups is the relatively small Kashmiri presence in both the leadership as well as cadre levels, with almost all their leaders being Pakistani and most of their fighters being Pakistani nationals as well as some Afghans, Arabs and others. Apparently, it is felt that Pakistani strategic interests can be secured only if the leadership and even the rank-and-file of the jihadists remain in Pakistani hands. It has also been argued that the failure or the unwillingness of Kashmiri militant groups to engineer large-scale killings of non-Muslims in Jammu and Kashmir so as to reduce the Hindu population has been an important factor in the promotion of Pakistani-based groups, who have little such compunctions, to take over the armed struggle.

Jihadist Discourse: The Markaz Da‘wat ul-Irshad and the Lashkar-i Tayyeba

If the JIJK seeks to seriously question the legitimacy of the discursive framework of the Kashmiri nationalists by seeking to present the Kashmiri armed struggle as a jihad between Islam and disbelief, a further radicalization of the jihadist discourse is clearly evident in the writings and statements of the several Pakistan-based Islamist organizations actively involved in fighting in Kashmir. The most prominent of these groups are the Harkat ul-Ansar, also known as the Harkat-ul Jihad-i Islami, al-Badr, Jami‘at ul-Mujahidin, al-Jihad and, probably the most influential of them all, the Lashkar-i Tayyeba (‘The Army of the Pure’). All these groups share a common Islamist ideology and advocate the merger of Kashmir with Pakistan.

The Pakistan-based Islamist groups actively involved in the Kashmir conflict are thus today central players in the Kashmiri armed struggle. One of the consequences of their emergence and growing influence has been the further radicalization of the terms of discourse within which the JIJK has sought to portray the Kashmiri armed struggle, arguing against the claims of the Kashmiri nationalists and further developing certain themes that are only vaguely touched upon in Gilani’s writings. The jihad is no longer limited to liberating Kashmir from India, but goes far beyond, as we shall see. This is strikingly illustrated in the publications and statements of the Lashkar-i Tayyeba, the ‘new masters of Kashmir’ , and said to be ‘the largest jihadi organization in Pakistan’.

The Lashkar is the military wing of an organization called the Markaz Da‘wat ul- Irshad (‘The Centre for Preaching and Guidance’), set up in 1986 by two Pakistani university professors, Hafiz Muhammad Sa‘eed and Zafar Iqbal. Its headquarters are located in a sprawling 160-acre campus at Muridke, a small town in the Gujranwala district of Pakistani Punjab, some thirty kilometres from Lahore. The Markaz is affiliated to the Ahl-i Hadith school, known for its fierce opposition to Sufism and to the established schools of Islamic jurisprudence, insisting that Muslims must go back to the original sources of inspiration—the Qur’an and the Hadith. It seeks to refashion the worldwide Muslim community in the mould of the Companions of the Prophet. It sees itself as the inheritor of the legacy of the first major jihadist movement in modern times in India, the movement launched by Sayyed Ahmad Barelwi and his band of followers, who, in the early nineteenth century, attempted to set up an Islamic state in the Pathan borderlands and launched an abortive jihad against the Sikhs. The Markaz is believed to be closely linked to the Pakistani establishment as well as to the Jama‘at-i Islami of Pakistan.

The Markaz, like many other Pakistani Islamist outfits, was originally designed to serve as a training base for Pakistani militants involved in the Afghan jihad against the Soviets. In 1987, a year after its founding, it set up a training centre inside Afghanistan itself, at Jaji in the Patkia province, and then, shortly after, another in the Kunnar province. It claims that the warriors produced at these centres ‘performed outstanding operations’ against the Russians. In Afghanistan it carried out its jihad in league with an Afghan outfit, the Jama‘at al-Da‘wat il al-Qur’an. As the Markaz’s activities rapidly grew, it was decided to divide its work into two separate but related sections: the educational and the jihadist. Thus, in 1993, the Markaz established its separate ‘jihadic and warfare’ wing, the Lashkar. The Lashkar later established four training centres in Pakistan and Afghanistan, where, ‘thousands of mujahidin from all over the world are being trained’. Markaz authorities claim that militants produced at these centres have played a leading role in the armed struggles in Afghanistan, Bosnia, Chechenya, Kosovo, the southern Philippines, Kashmir and ‘in other areas where Muslims are fighting for freedom’.  According to one report, in recent years the spread of the Markaz in Pakistan has ‘been phenomenal’, and today it has some five hundred offices all over the country, most of them in Punjab, which operate as recruitment centres for would-be mujahidin.

At its Muridke headquarters, the Markaz runs an Islamic school and university, most of whose students are local Pakistanis, with some from Pakistan-administered Kashmir, a few Kashmiris from the Indian-ruled part of the state, and several Afghans and Arabs. Besides, the Markaz has established a network of over seventy schools, mainly in Punjab, where Islamic and modern education are imparted.  Young boys of the age of eight are taken in and are given a twelve-year training. A strict military atmosphere is enforced, students must wear military uniforms, abide by military discipline and ‘properly assimilate the commandments of their theologians and military instructors that their future profession— as mujahidin—will be in great demand in the Muslim world on the threshold of the new millennium’.  At its four training centres, would-be mujahidin are given rigorous military training. This is of two kinds. Firstly, a short twenty-one day course, the daura-i ‘ama (‘general course’). Secondly, a three month intensive course, the daura-i khasa (‘special course’), geared to guerrilla warfare, in which trainees learn how to handle small arms as well as survival and ambush techniques.  These courses, it is claimed, ‘change the course of life’ of the trainees completely’, and a sign of this is said to be that they ‘no longer shave’ and ‘wear their shalwars above their ankles, as enjoined by the Prophet Muhammad’.

As in the case of the other Pakistan-based militant groups active in Kashmir today, the Markaz’s direct participation in the Kashmir conflict dates to the end of the Afghan war in 1992, in which an estimated 1600 of its militants are said to have participated. After the Soviet withdrawal from Afghanistan, it shifted its attention to Kashmir to ‘help the oppressed and innocent Kashmiris who were undergoing Indian aggression for the past fifty years’.  In this, they were assisted by the Jama‘at-i Islami of Pakistan and the Pakistani intelligence agency, the ISI, key players in the Afghan jihad.  The Lashkar is said to have first entered Kashmir in 1990, and then to have ‘upgraded’ its jihad there in 1993, when its militants attacked an Indian army base in Poonch. In 1994 it began sending large numbers of its fighters into Kashmir, most of them non-Kashmiris. From 1995 it claims that its fighters have been ‘engaged properly and striving hard’ against the Indian forces.  1996 witnessed a major shift in the Lashkar’s Kashmir strategy, with greater attention being paid to the border districts of Jammu, particularly Rajouri and Poonch, as well as Doda. Reports suggest that some of the mass killings of Hindu villagers in these areas have been the work of the Lashkar, with the aim of causing an exodus of the Hindu population of these areas so as to make their task easier.  By 1998, it was estimated that the Lashkar had some 350 mujahidin present in Indian-controlled Kashmir. Its fighters are considered by the Indian armed forces to be the best trained among all the militant groups in the region.

In mid-1999 India and Pakistan almost came to war after Pakistan-based militants, believed to be backed by the Pakistani army, occupied certain strategic heights in the Kargil sector in the Ladakh province in the remote northern part of Indian-controlled Kashmir. The four principal militant groups taking part in this operation, all Islamist and manned almost entirely by non-Kashmiris, were the Harkat ul-Mujahidin, the Tahrik-i Jihad, al-Badr and the Lashkar. These groups together formed a joint military command to co-ordinate their military operations against the Indian army.  The Lashkar contingent consisted, among others, of several students from its college at Muridke, led by one ‘Abdur Rahman ‘Abid, a graduate of Medina University.  They were joined by some two hundred militants from the Nuristan province of Afghanistan, the first time that such a large number of Afghan fighters had entered Kashmir in recent years.

The Pakistani attempt to enter Kashmir through Kargil failed, however, and under pressure from the West, the country’s then Prime Minister, Nawaz Sharif, appealed to the militants to withdraw from the heights that they had captured. The militants, on their part, were reluctant to obey, and they saw Sharif’s capitulation to the USA as a betrayal of their jihad. Instead of toeing Sharif’s line, they announced what they called ‘the second stage’ of the Kashmir jihad—taking the battle against the Indian army right inside the Kashmir valley itself, in order, as Zaki ur-Rahman Lakhvi, the amir of the Lashkar, put it, ‘to avenge’ the atrocities of the Indian army. According to the amir of the Markaz, Hafiz Muhammad Sa‘eed, in this second phase ‘the jihad would spread all across Kashmir. It would spread to every peak, every forest and every path’.  As part of this new strategy, the Lashkar came up with a new means of attack—suicide bombers, which it named as Ibn Taimiya Fida‘i Missions, in memory of the medieval Arab Islamic scholar who crusaded against what he saw as un-Islamic practices, and to whom the Ahl-i Hadith as well as the Lashkar owe much of their inspiration. So far, the Lashkar has conducted scores of fida‘i missions in Kashmir and beyond. In all, the Lashkar claimed that by early 2000, it had killed some 2100 Indian army personnel, including senior officers,  and to have lost some 500 of its own men in its Kashmir operations.

In the wake of a Lashkar attack on the Indian army headquarters in Srinagar, the capital of Kashmir, in 1999, the head of the Markaz, Hafiz Muhammad Sa‘eed declared before an audience of an estimated three hundred thousand people that his fighters could now ‘strike anywhere in India’, threatening to target even the Indian prime minister’s office if India did not stop its aggression on the Kashmiri Muslims and vacate Kashmir. The jihad, declared Hafiz, was not limited simply to freeing Kashmir from Indian control. Rather, he stressed, it was aimed at ‘liberating’ India itself.  He revealed that the Lashkar was now planning to extend its activities beyond the borders of Kashmir, deep inside India. ‘To set up a mujahidin network across India is our target’, said Zaki ur-Rahman Lakhvi, chief of the Lashkar, addressing the same congregation. He claimed that his organization was ‘preparing the Muslims of India against India’ and that once they were ready, ‘it would be the start of the disintegration of India’.  Some 50,000 Pakistani youth are said to have responded to this appeal to join the grand anti-India crusade.

Jihad Against the ‘Enemies of Islam’

The subject of armed jihad runs right through the writings and pronouncements of Markaz spokesmen and is, in fact, the most prominent theme in the Markaz’s discourse. Indeed, its understanding of Islam maybe seen as determined almost wholly by this preoccupation, so much so that its reading of Islam seems to be a product of its own political project. The contours of its ideological framework are constructed in such a way that the theme of armed jihad appears as its central, over-riding concern. Not surprisingly, therefore, it constructs a discursive framework that, like Gilani’s and the JIJK’s, completely denies the legitimacy of the Kashmiri nationalist project, but at the same time goes considerably beyond the limited aims of the JIJK’s jihad as Gilani conceives them in his writings.

There has been much discussion on the nature and forms of jihad in writings about Islam. Liberals have tended to explain it in terms of self-defence, while others have taken recourse to certain Sufi positions, where the foremost jihad (jihad-i akbar) is said to the struggle against the nafs or one’s ‘baser self’ or ego. Yet others have suggested that jihad in the path of God (jihad fi sabil illah) can take many forms, and that armed struggle is just one of these. However, in the writings and speeches of Markaz spokesmen jihad appears unabashedly as qital or violent conflict waged against unbelievers. Indeed, it is projected as the one of the most central tenets of Islam, although it has traditionally not been included as one of the ‘five pillars’ of the faith. Thus, it is claimed that ‘There is so much emphasis on this subject that some commentators and scholars of the Qur’an have remarked that the topic of the Qur’an is jihad’, and that ‘There is consensus of opinion among researchers of the Qur’an that no other action has been explained in such great detail as jihad’.

In order to properly understand the role of jihad for the Markaz’s political project, it is necessary to situate it within the broader context of the Markaz’s own understanding of Islam. Like other Islamist groups, the Markaz sees Islam as a perfect, all-embracing system and way of life. Islam is said to govern all aspects of personal as well as social life, in the form of the shari’ah. For the establishing of an Islamic system, an Islamic state is necessary, which would impose the shar’iah as the law of the land. This is seen as ‘the solution to all our problems’.  If such a state were to be set up and all Muslims were to live strictly according to ‘the laws that Allah has laid down’, then, it is believed, ‘they would be able to control the whole world and exercise their supremacy’.  Since Islam is seen as the very antithesis of nationalism, it demands the establishment of one universal Islamic state, ruled by a single khalifa. Thus, the present division of the Muslims into many nation-states must be overcome. Since ‘the ummah is one’, it follows from this that ‘the system of khilafah does not recognize the physical borders or the independence of one Muslim country from another’. Hence, ‘the state is one, the army is one, the flag is one, the budget is one, etc.’.

Islam is seen as a universal ideology meant for all humankind, and hence its message, and, in other words, the boundaries of the Islamic state, must be extended till the entire world comes under its domination. In order for the Islamic call to reach all peoples, it is the duty of the Islamic state to ‘carry it to new lands’. This, it is acknowledged, ‘will lead to a conflict with other states and ideologies’, which can be resolved either peacefully, through diplomatic means, or by force. The Islamic state must first try the former option, but if that fails it is incumbent on it to take recourse to force and wage a jihad. No one can be forced to accept Islam, however, and jihad is to be waged only to bring ‘recalcitrant’ states under Islamic control by incorporating them within the ever-expanding boundaries of the Islamic state so that the new territories can be ‘provided with the security that comes from the application of Islam’, in other words, to be ruled by the shari’ah. The people of the conquered lands, if they choose not to convert to Islam, may continue to practise their own religion. In this way, jihad is seen as ‘the method adopted by Islam to protect its lands and save humanity from slavery to man-made regimes’. It is, in short, ‘the foreign policy of the Islamic State’.

The global jihadist programme of the Markaz presents itself in a liberationist garb, basing itself on widespread feelings of discontent and suffering of sections of Muslims who see themselves as being persecuted by Western-oriented elites in their own countries, as well as by the West more generally. The greatest problem of the Muslims, says Hafeez Muhammad Sa‘eed, head of the Markaz, is their ‘subjugation to the West’.  Thus, the Markaz is reported to have gone so far as to call for a jihad against the USA.  Jihad is contrasted with other forms of war that are pursued for purely worldly concerns, and is described as ‘the act of supreme sacrifice to preserve human rights bestowed by Allah’.  It is portrayed as a struggle ‘to help the oppressed against the atrocities committed by the aggressors’, and is compared with ‘a surgeon using a blade during an operation’.  Jihad is thus a means for challenging oppression and of establishing the rule of Islam.

Eight specific objectives are laid out for this grand jihadist enterprise. These objectives, in the words of an official Markaz statement, are:

  • To end persecution and tumult.
  • To enforce the Islamic world order.
  • To force the disbelievers to pay jizya.
  • To protect and shield the weak and the oppressed from oppression.
  • To avenge the millions of Muslims who were and are being mercilessly slaughtered in various parts of the world.
  • To punish those who have broken covenants made with the Muslims.
  • To restore Muslims’ possession of territories now occupied by disbelievers, such as Spain, India, Ba‘it ul-Muqaddas (Jerusalem), Turkistan (Xinjiang).
  • To defend and protect the Muslims continuously facing offensives from the disbelievers all over the world
  • Jihad is seen as the secret of Muslim power in the past when much of the known world was under Muslim rule, and it is argued that when Muslims ‘abandoned jihad and other injunctions they began to degenerate’.  In Markaz discourse, jihad is seen as a religious duty binding on all Muslims today. Thus, it is claimed that the prevailing global situation warrants all Muslims to be involved in some way of the other in jihad against non-Muslims. As an official Markaz publication puts its, ‘Struggle and fighting against the disbelievers is a comprehensive process, very vast in its nature and scope, and it cannot be carried out successfully and duly unless all the classes of the Muslim community […] participate in it’.  In this grand war there are different roles for different people to play. Those who are ordered by the khalifa to fight must do so, while others may be required to assist the mujahidin by supplying them food, arms and other supplies, providing medical assistance, looking after their families in their absence or even by exhorting others to participate in the war.  Thus, every Muslim, man or woman, must be mobilized to assist in the struggle in some form or the other, and if any Muslim has ‘never intended to fight against the disbelievers’, his or her faith ‘is not without traces of hypocrisy’.  Those believers who have the capacity to participate or assist in the jihad but do not do so are said to ‘be living a sinful life’.
  • The Jihad in Kashmir and India
  • The Markaz sees the conflict in Kashmir not as a territorial dispute between India and Pakistan, nor even as a clash between cultures, but as nothing less than a war between two different and mutually opposed ideologies: Islam, on the one hand, and disbelief  or kufr, on the other. This is portrayed as only one chapter in a long a struggle between the two that is seen as having characterized the history of the last 1400 years ever since the advent of the Prophet Muhammad.  The roots of the Kashmir problem are seen in its Muslim rulers having been replaced, first by the Sikhs and then by the Hindu Dogras through British assistance. With India (the ‘Hindus’) having taken over Kashmir in 1947, a long and protracted reign of bloody terror is said to have been unleashed on the Kashmiri Muslims. This is seen as a direct and logical consequence of the teachings of Hinduism itself, because, it is alleged, ‘the Hindus have no compassion in their religion’.  Hence, it is the duty of Muslims to wage jihad against the ‘Hindu oppressors’. All Hindus are tarred with the same brush. Thus, Hafiz Muhammad Sa‘eed declares: ‘In fact, the Hindu is a mean enemy and the proper way to deal with him is the one adopted by our forefathers […] who crushed them by force. We need to do the same’.  This sort of hard-hitting anti-Hindu rhetoric is not a prominent feature in Gilani’s writings , and thus represents a further radicalization of the Kashmiri jihadist discourse.
  • The armed struggle in Kashmir is depicted as only one stage of a wider, indeed global, jihad against the forces of ‘disbelief’. Here, the Markaz goes far beyond Gilani’s limited jihadist project, which aims at simply freeing Kashmir from Indian control and merging it with Pakistan. The Markaz’s jihad is far more ambitious: it aims, at least rhetorically, at nothing less than the conquest of the entire world. As Qari ‘Abdul Wahid, former amir of the Lashkar in Indian-controlled Kashmir put it, ‘We will uphold the flag of freedom and Islam through jihad not only in Kashmir but in the whole world’.  Likewise, Colonel Nazir Ahmed, in-charge of the public relations department of the Markaz, declares that through the jihad that the mujahidin have launched, ‘Islam will be dominant all over the world, Inshallah (God willing)’.  This war is seen as a solution to all the ills and oppression afflicting all Muslims, and it is claimed that ‘if we want to live with honour and dignity, then we have to return back to jihad’.  Through jihad, it is believed, ‘Islam will be supreme throughout the world’.  The mujahidin are promised that with the launching of the global jihad against all the unbelieving oppressors of the world, ‘The day is just round the corner when Islam will prevail in this earth’.  Jihad has its more mundane benefits, too. Thus, it is also said to be indeed, ‘the way that solves financial and political problems’.India is a special target for the Markaz’s mujahidin. According to the amir of the Markaz, ‘The jihad is not about Kashmir only. It encompasses all of India’.  Thus, the Markaz sees the jihad as going far beyond the borders of Kashmir and spreading through India as a whole. The final goal is to extend Muslim control over what is seen as having once been Muslim land, and, hence, to be brought back under Muslim domination. Thus, at a mammoth congregation of Markaz supporters in November 1999, shortly after the Kargil debacle, Hafiz Muhammad Sa‘eed declared, ‘Today I announce the break-up of India, Inshallah. We will not rest until the whole of India is dissolved into Pakistan’.  On the same occasion, Amir Hamza, senior Markaz official and editor of its Urdu organ, ad-Da‘wa, thundered: ‘We ought to disintegrate India and even wipe India out’.  Those who take part in this anti-Indian jihad are promised that ‘Allah will save [them] from the pyre of hell’, and ‘huge palaces in paradise’, it is said, await those who are killed in fighting the disbelieving enemies.

    This project for the disintegration of India, followed by its take-over by Pakistan and then the establishing an Islamic state, is sought to be justified by an elaborate set of arguments that use the rhetoric of liberation. Thus, instances of human-sacrifice, untouchability and infanticide among the Hindus, the cruel oppression of the ‘low’ castes by the Brahmins and the suppression of women in Hinduism are described in great detail, and on this basis it is sought to be shown that such a religion as Hinduism should not ‘be allowed to flourish’. This is a theme that Gilani does refer to in some of his writings, but he does not go beyond offering Islam as an alternative to Brahminical Hinduism.  In Markaz literature, the mass slaughter of Muslims by Hindu chauvinist groups, often in league with the Indian state and its agencies, and the growing wave of attacks on other marginalized groups in India such as the ‘low’ caste Dalits, Shudras and Christians, are presented in stark colours, and the point forcefully made that such a country ‘where non-Hindus are not allowed to exist’ should be destroyed. The Markaz presents itself as a champion of not just the oppressed Muslims of Kashmir or India but even of the ‘low’ caste Shudras and Dalits. It sees itself as having a divinely appointed mission of saving the ‘lower’ castes from Brahminical tyranny. Thus, it says, ‘It is incumbent upon us to save the Shudras of India […] from the clutches of Brahmins’.  Although it claims that its jihad is aimed only against ‘the tyrannical government and the army’ and that ‘nowhere do the mujahidin target non-Muslim or innocent people’,  there is ample evidence to show the involvement of Lashkar militants in the killing of numerous Hindus in the Kashmir valley, Jammu, neighbouring Himachal Pradesh and elsewhere in India.

The success of the efforts of the Islamists in shifting the terms of debate in which the Kashmir struggle for political self-determination has sought to present itself has had to do with a host of internal as well as external factors that have been touched upon in this chapter. This clearly suggests that the Islamization of the Kashmiri struggle was neither necessary nor inevitable. It may, however, be, and, indeed, it actually does seem, that the Islamist attempt at hegemonizing the terms of discourse in which the Kashmiri liberation struggle has expressed itself has been only partially successful, at best. It can be argued that the apparent influence of the Islamists is deceptive, for while they have indeed marginalized the JKLF in military terms, owing, of course, to liberal patronage received from Pakistan, they enjoy little support among the Kashmiri masses themselves for their eventual political agenda.  Despite its present low profile, the Kashmiri nationalist camp still seems to reflect the aspirations of the vast majority of Kashmiri Muslims. The stern Wahhabism of groups like the Markaz, based on an unremitting hostility towards and Sufism, religious liberalism and laxity , is bound to be unpopular among many Kashmiris, for whom Sufism is the normative expression of their faith and Islamic commitment.  In other words, the radical Islamist rhetoric, to a considerable extent, represents an external agenda that is being sought to be imposed on Kashmir, and one that seems at odds, in several respects, with the internal conditions in Kashmir itself.  Many Kashmiris might support radical Islamists in their ability to take on the Indian armed forces, but not all, or even most, are likely to enthusiastically welcome their ultimate political project. Meanwhile, rivers of blood continue to flow and the vexed problem of Kashmir shows no sign of moving towards an eventual resolution.

US State Department Report Confirms Human Rights Atrocities in Kashmir

On May 24, 2012, the US State Department issued a voluminous report entitled “Country Reports on Human Rights Practices for 2011.”

Although covering many other countries, it is worth noting that the report cites the widespread human rights violations committed by Indian military and paramilitary forces in the disputed territory of Jammu and Kashmir.  The revelations are remarkable and startling in light of the current policy of the Obama administration to maintain a studied silence regarding the atrocities in Kashmir in order to encourage commercial and military arms trade with India.

The report says that the most significant human rights problems were police and security force abuses, including extra-judicial killings, torture, and rape; widespread corruption at all levels of government; and separatist, and societal violence.

Other human rights problems included disappearances, poor prison conditions that were frequently life threatening, arbitrary arrest and detention, and lengthy pretrial detention. Widespread impunity at all levels of government remained a serious problem.

In its section under “Arbitrary or Unlawful Deprivation of Life” the report cites a number of instances in Kashmir.

On July 2, the Jammu and Kashmir State Human Rights Commission submitted an interim report entitled The Enquiry Report of Unmarked Graves in North Kashmir to the state government. This report was leaked to the press last August but was not made public. According to the media, the report documented 2,156 bodies in unmarked graves at 38 different sites in districts that had been at the heart of the insurgency in the 1990s.

Unfortunately, these 2,156 mass graves are in addition to what Mr. Pankaj Mishra, an Indian scholar, wrote in the U.K. based Daily Guardian on August 13, 2010, that “Once known for its extraordinary beauty, the valley of Kashmir now hosts the biggest, bloodiest and also the most obscure military occupation in the world. With more than 80,000 people dead in an anti-India insurgency backed by Pakistan, the killings fields of Kashmir dwarf those of Palestine and Tibet. In addition to the everyday regime of arbitrary arrests, curfews, raids, and checkpoints enforced by nearly 700,000 Indian soldiers, the valley’s 4 million Muslims are exposed to extra-judicial execution, rape and torture, with such barbaric variations as live electric wires inserted into penises.”

The report points out that the Armed Forces Special Powers Act (AFSPA) remained in effect in Nagaland, Manipur, Assam, and parts of Tripura, and a version of the law was in effect in Jammu and Kashmir. Under the AFSPA the government can declare any state or union territory a “disturbed area,” a declaration that allows security forces to fire on any person to “maintain law and order” and to arrest any person “against whom reasonable suspicion exists” without informing the detainee of the grounds for arrest. The law gives security forces immunity from prosecution for acts under the AFSPA. 

Most encounter killings, in which security forces and police extra-judicially killed alleged criminals or insurgents, occurred in areas in conflict, but the practice reportedly occurred elsewhere in the country as well. For example, on August 8, Special Police Officer (SPO) Abdul Majid and territorial army soldier Noor Hussain took a mentally disabled civilian to Surankot forest in Jammu and Kashmir and then launched an operation with the police and the 25 Rashtriya Rifles unit to eliminate a “dreaded terrorist” in the area. When the bullet-riddled body was found, the SPO said that he wanted to be a constable and the soldier requested a cash reward of 200,000 rupees ($3,790). Both were arrested and charged with murder for the fake encounter. The identity of the victim was not reported.

By comparison, as with the recent brouhaha involving the case of blind activist Chen Guangcheng who took refuge in the American embassy in Beijing and has since been allowed to enter the U.S., to the embarrassment of our most favored financial partner and creditor, this report on Kashmir calls for a more aggressive public posture by the Obama administration that takes India to task for its failure to respond to these charges, which have been ongoing and flagrant for many years.

The State Department report goes on to say that, despite the published recommendations of the National Human Rights Commission (NHRC) that the Criminal Investigations Department (CID) investigate all police encounter deaths, many states did not follow these guidelines and continued to conduct internal reviews only at the discretion of senior officers. 

The Special Operations Group of the Jammu and Kashmir police killed Nazim Rashid of Sopor, Kashmir, while he was in custody. Rashid died on July 30, while being held in connection with an investigation into the killing of a laborer. 

The National Security Act (NSA) allows police to detain persons considered security risks anywhere in the country, except Jammu and Kashmir, without charge or trial for as long as one year. The law stipulates that family members and lawyers can visit NSA detainees and that authorities must inform a detainee of the grounds for detention within five days (10 to 15 days in exceptional circumstances). In practice these rights sometimes were not enforced. 

The Public Safety Act, which applies only in Jammu and Kashmir, permits state authorities to detain persons without charge or judicial review for as long as two years. During this time family members do not have access to detainees. Detainees are allowed access to a lawyer during interrogation. In practice police in Jammu and Kashmir routinely employed arbitrary detention and denied detainees, particularly the destitute, access to lawyers and medical attention. 

Courts in Jammu and Kashmir often were reluctant to hear cases involving insurgent and terrorist crimes and failed to act expeditiously, if at all, on habeas corpus cases. 

Thousands of habeas corpus cases remain pending in the courts throughout the Kashmir valley. 

On February 6, the army apologized to the citizens of Jammu and Kashmir for the fake encounter death of Manzoor Ahmad Magray.  

Estimates of the number of missing persons varies. Human rights organizations stated there were 8,000 to 10,000 persons missing but in custody in Jammu and Kashmir.

These individuals have been reported missing for the past more than 10 years.  Isn’t it time for the State Department to do something about it?  It seems that mass graves discovered in Libya were useful for propaganda purposes when NATO was taking down the Moammar Qadafi regime, but any real concern for the human rights issue involved appears to be irrelevant.

Security forces often searched and question vehicle occupants at checkpoints, mostly in troubled areas in the Kashmir valley, before public events in New Delhi or after major terrorist attacks. The government maintains a 330-mile security fence along the Line of Control in Jammu and Kashmir, causing difficulties for residents because the fence cuts through some villages and agricultural lands. 

The government legally may deny a passport to any applicant who it believes may engage in activities outside the country “prejudicial to the sovereignty and integrity of the nation.” 

Citizens from Jammu and Kashmir continue to face extended delays, often as long as two years, before the Ministry of External Affairs would issue or renew their passports. The government subjected applicants born in Jammu and Kashmir–including children born to military officers during their deployment in the state–to additional scrutiny, requests for bribes, and police clearances before issuing them passports. 

Human rights groups alleged that state human rights commissions were limited by local politics and less likely to offer fair judgments than the NHRC. For example, the Jammu and Kashmir commission did not have the authority to investigate alleged human rights violations committed by members of paramilitary security forces.

This report reflects historically the underlying values of America. The public face of American values on human rights has been upheld by all administrations, Republican or Democrat because human rights are not simply American values; everyone universally recognizes them.  Americans as a whole support human rights whenever violations are made public.  However, that conscience does not seem to filter up into the ranks of government beyond token gestures that serve the political aspirations of candidates for office.   It was generous of  President Obama to have spoken out two weeks before being elected about the need for the U.S. to work toward a settlement of the Kashmir issue, but once elected the issue took not just a back seat but ended up in the trunk along with used oil cans and dirty rags.

 

Resolution of the Kashmir Issue is the Only Way to Prevent a Nuclear Arms Race in S Asia

India, Pakistan, Kashmir and Arms Race

by Dr Syed Ghulam Nabi Fa

‘The Christian Science Monitor’ in its column on April 25, 2012 said it all by emphasizing that “Ritual Aggression: India and Pakistan’s missile tests, following peace talks.”

We know that both India and Pakistan are nuclear powers.  Both have now tested intercontinental ballistic missiles.  Both are adamant against inking the Nuclear Non-Proliferation Treaty or the Comprehensive Test Ban Treaty.  Both feature domestic constituencies that universally celebrate their muscular nuclear postures; no political party or serious private association champions nuclear controls or disarmament.  India and Pakistan have warred three times since their respective births in 1947, and two occasioned on the disputed territory of Kashmir. In the best of times, India and Pakistan are no more friendlier than the Montagues and Capulets on the streets of Verona.

Two not mutually exclusive approaches are available to the United States to turn back the nuclear clock in South Asia; a region that former President Clinton has lamented is the most dangerous place on the planet.  The first emphasizes restraints on nuclear warheads and delivery vehicles; the second gives primacy to eliminating the probable cause of nuclear exchanges.  The US has chosen the first, and given but lip service to the second.

All experience teaches that neither India nor Pakistan will accept non-trivial limits on their nuclear arsenals in the foreseeable future. India’s intransigent position for more than 44 years is no nuclear constraints unless every nation abandons its nuclear forces and stockpiles, including the big five nuclear powers under the NPT: the United States, Russia, China, Great Britain, and France.  India has now tested intercontinental ballistic missiles that could deliver nuclear warheads to the Beijing and Shanghai.  Pakistan reciprocated with just few days. The United States did not say anything that gives cause for Indian military anxieties. India’s nuclear and missile fixation pivots on her national ambitions and self-perception as the hegemonistic power in South Asia she routinely meddles in the internal affairs of Sri Lanka, Nepal, Bhutan, and the Maldives, and annexed Goa in 1961 and the Kingdom of Sikkim in 1975 by force of arms.  Thus, nothing but an overwhelming nuclear disarmament incentive could cause India to entertain the idea.  At present, such an incentive is chimerical.

According to the United Nations, Kashmir is a disputed territory. When the Kashmir question got erupted at the UN in 1948, the world powers took the stand that the future of Kashmir must be ascertained through plebiscite conducted by the United Nations.  India’s plebiscite obligation has been defied with both insolence and impunity for more than half a century, which substantially explains the chronic convulsions and ubiquitous indigenous Kashmiri resistance to India’s illegal military occupation.  Contrary to popular myth, cleverly peddled by India, the resistance in Kashmir is indigenous & popular; and infiltrators or terrorist “Afghan Arabs” are marginal to the Kashmir conflict.

The nuclear clock in South Asia thus can be turned back only by addressing the source of the proliferation, i.e., Kashmir.  If the 65-year-old Kashmir conflict is settled with fairness and justice to all parties, then the possession of nuclear weapons by India and Pakistan will be dramatically less worrisome.  Britain and France, for instance, do not fret that the other is a nuclear power.  And the United States and Russia are engaged in serious nuclear arms reductions, but it came only after the end of the Cold War.  In sum, Kashmir is the key to spiking the nuclear arms race in South Asia.

I do not mean to suggest, however, that tackling Kashmir will not be difficult.  But here are my thoughts about a new and promising approach.

First, recognize that Kashmir is primarily about the 17 million Kashmiri people, their human rights and right to self-determination under international law and still binding United Nations Security Council resolutions.  It is not a border quarrel between India and Pakistan, nor a fight between Hindus and Muslims, nor a struggle between secularism and theocracy.

Second, third party intervention and mediation is indispensable.  India and Pakistan have negotiated for 65 years without result. All the flowery declarations from Tashkent, Simla, Lahore and other summits have proven sound and fury signifying nothing.  To persist in the same course after 65 years of dismal failure conjures up many adjectives, but none are flattering to the cerebral faculty.

Third, the US should urge the Secretary General of the United Nations to appoint a special envoy on Kashmir. More importantly, the United States should insist on the inclusion of genuine representatives of the Kashmiri people at the negotiating table.  It is their political destiny and human rights which are at stake, and no solution that fails to command their consent will endure.  That same reasoning explains the United States support for Sinn Fein representatives in the Northern Ireland talks, PLO representatives in talks with Israel, East Timor voices in negotiations with Indonesia, KLA leaders in negotiations with Yugoslavia, and Muslim, Croat, and Serb politicians in discussions over Bosnia.

Fourth, the US should mount a campaign of moral suasion against India’s illegal occupation of Kashmir.  At present, its moral voice has been as silent as the Sphinx. Moral suasion generally works slowly, but is not Pollyannaish.  It accelerated South Africa’s dismantling of apartheid and the end of the international slave trade.  It promises no miracle in South Asia, but is nevertheless superior to all other peace and non-proliferation alternatives.

Finally, all tactics aiming at progress over Kashmir must be exercised with supreme prudence, without which, as the inimitable Sam Johnson sermonized, knowledge is useless, wit ridiculous, and genius contemptible.

Dr Syed Ghulam Nabi Fai’s Statement in the Alexandria Court House, Virginia, USA

Kashmir, my dream, which cannot be forsaken

I fight a worthy fight – Freedom for Kashmir

The Kashmir question is one of the oldest unresolved international problems in the world. The experience of six decades has shown that it will not go away and that an effort is urgently required to resolve it on a durable basis.  It is imperative, whatever be the rights and wrongs in the equation as far as arguments go, real populations with a pronounced sense of identity of their own, with their suffering and their aspirations rather than just legal title and merit are involved.

When the Kashmir dispute erupted in 1947-1948, the United States and Great Britain championed the stand that the future status of Kashmir must be determined by the will of the people of the territory and that their wishes must be ascertained through an impartial plebiscite under the supervision and control of the United Nations. The U.S. was a principle sponsor of the resolution # 47 which was adopted by the Security Council on April 21, 1948 and which was based on that unchallenged principle. Both the US and  Great Britain sponsored all of the Security Council resolutions, which called for a plebiscite. These were not resolutions in the routine sense of the term. Their provisions were negotiated in detail with India and Pakistan and it was only after the consent of both Governments was explicitly obtained that they were endorsed by the United Nations. They thus constitute a binding and solemn international agreement about the settlement of the Kashmir dispute.

The commitment of the United States and Great Britain was indicated by a personal appeal made by America’s President Harry Truman and Britain’s Prime Minister Clement Atlee that differences over demilitarization be submitted to arbitration by the Plebiscite Administrator, a distinguished American war hero: Admiral Chester Nimitz. India rejected this appeal and, later on, objected to an American acting as the Plebiscite Administrator.  India also created controversy only after India realized that she could not win the peoples vote in Kashmir.

Kashmir: Distinguishable Characteristics

There are certain characteristics of the situation in Kashmir, which distinguish it from all other deplorable human rights situations around the world.

It prevails in what is recognized – under international law – as a disputed territory.

It represents a Government’s repression not of a secessionist or separatist    movement but of an uprising against foreign occupation, an occupation that was   expected to end under determinations made by the United Nations.  The   Kashmiris are not and cannot be called separatists because they cannot secede  from a country to which they have never acceded to in the first place.

It is a paradoxical case of the United Nations being deactivated and rendered unable to address a situation to which it had devoted a number of resolutions andin which it had established a presence, though with a limited mandate.  The United Nations Military Observers Group in India and Pakistan (UNMOGIP) is one of the oldest peacekeeping operations of the U.N.; the force is stationed inKashmir to observe the cease-fire between India and Pakistan.

Mr. N. Gopalaswami Ayyangar, Indian delegate said at the Security Council on     January 15, 1948 that “the question of the future status of Kashmir, whether she should withdraw from her accession to India, and either accede to Pakistan or remain independent, with a right to claim admission as a Member of the United Nations – all this we have recognized to be a matter for unfettered decision by the people of Kashmir, after normal life is restored to them.”

All this may be regarded as history but there is no reason why, when the human, political and legal realities of the dispute have only not changed but have become more accentuated with the passage of time, it should now be regarded as irrelevant.

The Current Uprising

“Once known for its extraordinary beauty, the valley of Kashmir now hosts the biggest, bloodiest and also the most obscure military occupation in the world. With more than 80,000 people dead…arbitrary arrests, curfews, raids, and checkpoints (are) enforced by nearly 700,000 Indian soldiers,” wrote Pankaj Mishra in Guardian, London on August 13, 2010. By comparison, the U.S. currently has less than 100,000 troops in Afghanistan, a country six times the size of Kashmir. In April 2007, the Economist magazine reported that an average of three people were being killed every day in Kashmir, or roughly 1,000 per year. The United States, Department of State in its Country report on Human Rights issued on April 8, 2011 reported that 8,000 to 10,000 people have disappeared in Kashmir.

More than 2,700 mass graves were discovered in Kashmir in August 2011 where tortured victims have been dumped by the occupying forces while “half-widows,” women are unable to officially bring closure to their lives since their husbands have disappeared. The abuses are so pervasive as to extend beyond those directly affected. The pattern of abuses reaches every man, woman and child in the Valley of Kashmir. The people live under the constant threat of the abuses. The prevalence of military personnel and bunkers serve as a constant reminder to Kashmiris of the potential for them to fall victim to such a horrible occurrences.

The scale of the popular backing for the resistance in Kashmir can be judged from the established fact that virtually all the citizenry of Srinagar (Capital city of Kashmir) – men, women and children – came out dozens of times on the streets to lodge a non-violent protest against the continuance of Indian occupation. The fact that they presented petitions at the office of the United Nations Military Observers Group shows the essentially peaceful nature of the aims of the uprising and its trust in justice under international law. At times the number of people in these peaceful processions exceeded 1 million. India has tried to portray the uprising as the work of terrorists or fanatics. Terrorists do not compose an entire population, including women and children; fanatics do not look to the United Nations to achieve pacific and rational settlement.

This popular and non violent resistance is a living proof that the people of Kashmir will not compromise, far less abandon, their demand for self-determination which is their birthright and for which they have paid a price in blood and suffering which has not been exacted from any other people of the South Asian subcontinent. Compared to the sacrifice Kashmir has had to endure, India and Pakistan themselves gained their freedom through a highly civilized process.

Therefore, the world powers must realize that there is only one solution to the problem we face and that is to bring Kashmiris to the table. It is only the people of Kashmir who can decide their own future, not by military means or by the use of violence or as a consequence of an occupation by hostile forces through exacerbating intimidation, but through peaceful negotiations in which democratic process is available for people to freely decide for themselves whether they want to accede to India or Pakistan or want to remain independent. This is our answer, and it is the answer to the threat which now exists of nuclear annihilation throughout the whole region of South Asia – home to one-fifth of total human race.

Kashmir: My Story

While American youth grow up idolizing their favorite football stars or Hollywood heroes and yearning for the latest technological innovation, it is no surprise that by the time Kashmiri youth go to college, their most driving passion is the passion for freedom and right to self-determination, a passion that has become the very bread and butter of their lives. This by now deeply embedded culture of resistance is a call of conscience and duty that is laid upon every child of Kashmir from the time that they are born until they die, firmly planted in the minds of every man, woman and child and every succeeding generation since the formal acknowledgement of this country’s distinct identity more than 65 years ago. The words freedom & independence (Aazadi) are more commonly on the lips of Kashmiri youth than the words iPhone and iPod are on American college campuses today.

My own passion for the plight of Kashmir is clearly nothing unique. As a child of Kashmir, born and raised in this environment myself, I am just one of the hundreds of thousands of youth who, through no fault or choice of their own, have become directly or indirectly involved and deeply and passionately motivated to do something positive for their country, however insignificant in the context of global affairs, to make a difference. A country can be destroyed but a nation cannot be defeated. Our struggle for freedom from this tyranny is the song in our heart, the poetry on our lips, and the vision that solidly unites us. It is the bedrock of our determination to continue unrelentingly to seek justice and truth for the people of Kashmir, despite our seeming powerlessness in the face of this occupation. Our hope is in our unity, in our love for one another as a people, as a nation, and as a divine spirit that pervades our history as a people with a unique cultural identity regardless of race, religion or creed, and our lasting belief that we cannot be denied our birth right to self-determination.

In 1980, an important event took place that touched my life in a very personal way. It has had the historic significance, not only in having an impact in a very real way upon my own survival and the personal vision I came to adopt for the rest of my life, but how it came to shape the very destiny of Kashmir itself.

I was in my early 30s then with a driving zeal, as is in every young man’s heart in Kashmir. We all wanted to make a significant impact somewhere and somehow on life’s stage. At this particular time, I had been placed in charge of the international section of a major conference being held in the capital of Kashmir, Srinagar. I was successful in inviting  the Imam of Kaa’ba in Makkah whose presence became instrumental in energizing and internationalizing the issue of Kashmir on the right to self-determination.

The main conference was attended by tens of thousands of people who came to listen to the Imam. It was then that the greatest moment of my role in the conference was realized,: to adopt a resolution calling for the implementation of the United Nations Security Council resolutions. The conference resolution was unanimously adopted by a show of hands. This was accomplished without a single window being broken, or a single stone being thrown but in an environment of peace and tranquility, in the presence of thousands who were able to express on that day that the voice of the people of Kashmir was unified and firm in expressing their resolve for Kashmiri people’s right to self-determination.

This was a momentous occasion in the history of Kashmir. To call for the implementation of United Nations Security Council resolutions on Kashmir is even now considered a crime by the government of India. Then, however, the presence of the Imam of Kaa’ba and his participation prevented officials from enforcing the law, at least through direct intervention. It was a day that would forever seal my fate in Kashmir as a man whose deep affection for his own country would become common knowledge and a man perhaps most loathed on that particular day by the government of India.

A few days later, after the Imam’s departure, the state Administration discussed the impact of Imam’s visit on Kashmir where tens of thousands of people were able to listen to him in many cities and where the United Nations resolutions, which were considered seditious and illegal to even mention, were declared as legitimate. I was blamed for this evolutionary revolution in the consciousness of Kashmiris by raising the topic of the United Nations Security Council resolutions in every speech and the hope now more instilled that we would one day see freedom of Kashmir. The senior staff in the office of the chief minister wanted to have a word with me.

Next day, rather than meeting with the officials, I left India, knowing that I was for the foreseeable future to live in exile, honored by my countrymen, condemned to a fate that I must either embrace or die from the sheer weight of it. As it had then become clear to me, Kashmir was my friend, my lover, my country, my honor, and my dignity, and my only dream or hope of any future at all. I was not about to forsake it.

My Approach

In the time since I left Kashmir, I have always worked for its freedom, justice and right to self-determination. When I reached the United States in 1981-1982, I was extremely overjoyed to discover that its official policy conformed to the wishes and aspirations of the people of Kashmir. American presidents from the Truman Administration to the current Administration of President Obama have all been public and forthright about the need to resolve the Kashmir crisis according to the wishes of all parties involved, including the Kashmiri people themselves.

I was honored to receive a letter from President Bill Clinton on December 27, 1993 saying that “I share your belief that, in order to face the dilemmas of a post-Cold War global landscape, we all must look closely at our policies with regard to human rights. I am confident that we can bring about changes that are consistent with what the U.N. founders envisioned. I look forward to working with you and others to help bring peace in Kashmir and I appreciate your input.”

It was most gratifying for Kashmiri American community when President George W. Bush said on February 22, 2006 that the United States supports a solution of Kashmir dispute acceptable not only to India and Pakistan but also to “citizens of Kashmir.”

It was equally satisfying for us when President Barack Obama said on October 30, 2008, “We should probably try to facilitate a better understanding between Pakistan and India and try to resolve the Kashmir crisis so that they can stay focused not on India, but on the situation with those militants.”

It was in 1989 that the latest phase of the resistance was initiated by the people of Kashmir. In response to this peaceful struggle, the Kashmiri American community became active in the United States to urge the US Administration to help resolve the issue of Kashmir. Then in 1990, we joined together to establish the Kashmiri American Council (KAC) with the same purpose. Our program has included public events, academic conferences and a constant attempt to have all the parties to the conflict – India, Pakistan & Kashmiri leadership — meet, discuss and plan strategy without any pre-condition from any side.

The eleven International Kashmir Conferences which I organized in Washington, D.C. were meant to create an atmosphere for dialogue among the participants with varied opinions from India, Pakistan and Kashmir. I tried to bridge gap in understanding while at the same time to promote harmony and peace between India and Kashmir.

I invited Dileep Padgaonkar, currently the chairman of the Jammu and Kashmir interlocutor’s team appointed by Prime Minister of India Dr. Manmohan Singh. Upon his return to India, he wrote an article in the ‘Times of India’ on March 12, 2005, “The talk inside and especially outside the conference hall focused on the need to adopt what Dr. Ghulam Nabi Fai, Executive Director of KAC, called a ‘pragmatic, realistic and tangible strategy’ to resolve the vexed issue.”

Ms. Harinder Baweija, Editor ‘Tehelka’ Magazine in India, after attending our conference wrote an article on August 15, 2009,  “Dr. Fai’s opening remarks at the two-day conference in Washington were fairly innocuous and accurate: The meet, Fai said, was to achieve the Kashmiris’ aims in the sprit of reconciliation not confrontation, through equality, not discrimination, and with hope not despair.”

Another delegate from India Sultan Shahin wrote in Hong Kong-based Asia Times on March 8, 2005, about the Kashmir conference, “The tone of realism and a sincere desire to explore options for Kashmir was set by the chief organizer of the conference, Dr. Ghulam Nabi Fai of the Kashmiri American Council, who stressed the following repeatedly at the very outset: Since we are concerned at this time with setting a stage for settlement rather than the shape the settlement will take, we believe that it is both untimely and harmful to indulge in, or encourage, controversies about the most desirable solution. Any attempt to do so at this point amounts to playing into the hands of those who would prefer to maintain a status quo that is intolerable to the people of Kashmir and also a continuing threat to peace in South Asia. We deprecate raising of quasi-legal or pseudo-legal questions during the preparatory phase about the final settlement. It only serves to befog the issue and to convey the wrong impression that the dispute is too complex to be resolved and that India and Pakistan hold equally inflexible positions. Such an impression does great injury to the cause.”

I have always tried to represent the sentiments of the people of Kashmir, irrespective of their religious background and cultural affiliations. Sometimes it meant to state the hard facts which people in the halls of power in New Delhi or Islamabad might not always find agreeable. This fact can be understood from an article which was published in ‘Washington Times’ on January 18, 2004, “Finding a solution to the stalemate over self-determination in Kashmir, however, is vastly more complex than articulating the problem. Some in India profit from Kashmir’s tumults. They appeal to extreme Hindu nationalists who insist on Muslim inferiority and envision India as an expanding sun in the South Asian universe. Likewise, some in Pakistan gain by keeping Kashmir unresolved. It distracts attention from Pakistan’s enormous domestic faults, and provides indigenous militants with an outlet unthreatening to [its own] government.”

I also wrote an article in ‘Boston Globe’ on January 5, 2002, “There are suggestions in some quarters that the United Nations should broker a deal on Kashmir between India and Pakistan. Kashmiris wish to stress that their land is not real estate that can be parceled out between two [non-resident] disputants but the home of nation with a history far more compact and coherent than India’s and far longer than Pakistan’s. No settlement of their status will hold unless it is explicitly based on the principles of self-determination and erases the so-called line of control, which is in reality the line of conflict. “

My approach has been consistent and there was absolutely no reason for me to do otherwise, and that is to inform the United States Administration that India and Pakistan by themselves are not able to resolve the issue of Kashmir. They have tried over decades but failed. It needs the engagement of the United States with both these neighboring countries.

Indian Intelligentsia

Of late, there have appeared positive signs of a change in Indian thinking on Kashmir. As a matter of fact, there have always existed saner elements in India which have questioned both the ethics and the practical advantage of India’s intransigence on Kashmir. As they have received little support from outside, they have remained mostly subdued. But the apparent failure of India’s policies, the tattered regime it maintains in Kashmir and the losses it has made to sustain in the Valley, despite the deployment of an overwhelming force to brutalize the people into submission – all these seem to be bringing home to more and more people in India, even in its army, that the game is not worth the candle. But this constructive trend will vanish if the U.S. is seen as tolerant of India’s obduracy and unmindful to healthier opinion in India itself about what is best for India.

As early as in 1990’s, we realized that the most important constituency for Kashmiri Americans to address was the people of India themselves. The Indian public as a whole did not know the facts on the ground in Kashmir. A great deal of work was needed in this area to bring about any change in the attitudes of those who determine policy in New Delhi. It was then that I started exploring the possibility of opening the channels of communication with the policy makers from New Delhi.

I met with a three-man delegation in Washington, D.C. in December 1993 which was sent by then the prime minister of India, P. V. Narasimha Rao. The delegation was headed by former Cabinet Minister (Name withheld). During the two-days meeting a lot was discussed from militancy to the political leadership and the role of Kashmiri diaspora. And there was an understanding from both sides that this initiative could be pursued for the sake of peace in the region of South Asia.

In 1994, I met with former Interior Minister of India, (Name withheld) who was also sent by Prime Minister Rao to explore ways and means to bring peace to resolve the conflict of Kashmir. This meeting was in Washington, which lasted for 3 to 4 hours. The next meeting took place in New York City the following week which also lasted for four to five hours and was attended by Ambassador Yusuf Buch. Later, I submitted a written brief of these meetings to Mr. Ron Lorton, then the Director, South Asia Division at the United States, Department of State in the context of the United States Government’s concern over the conflict in Kashmir. The names of all members of the Indian delegation were mentioned in the brief.

I also had more than dozen meetings with the emissaries of the Government of India, including cabinet ministers, diplomats and politicians between 1994 to 2009 which were also attended either by Dr. Ayub Thuker, London or Ambassador Yusuf Buch, New York.

In late 2009, a member of the Cabinet of Prime Minister Dr. Manmohan Singh (Name withheld)  called me on the telephone to meet at the Embassy of India. That was the first time that I have ever visited Embassy of India in Washington, D.C. We discussed the issue of peace process between India & Pakistan; the Kashmiri leadership, the role of Kashmiri diaspora and many other issues of mutual concern.

I told the guest that I am hopeful for a constructive atmosphere for dialogue. I reminded him that it has been a characteristic of the Kashmir problem that, at one point in time, hopeful signs emerge of its being solved and, at the next point, these signs prove wholly deceptive. Therefore, our objective should be not to answer what is the correct or best solution of the Kashmir problem but how that solution can be arrived at. In other words, it should by itself neither promote nor preclude any rational settlement of the dispute, be it accession to India or Pakistan or independence.

Meeting with Indian officials was fundamental to my strategy to find the means by which we, as Kashmiri Americans could contribute to peace in that part of the world and in resolving the crisis of Kashmir. Therefore, during the past eleven years, I have met with four different officials at the Indian embassy who succeeded each other periodically and introduced me to the new incoming official before leaving for a new post. An interesting call and a voicemail from an Indian official (who shall remain anonymous) called me either on July 18 or July 19, 2011, the day I was arrested. He left a voicemail that we must meet, which I heard ten days later after my release. I intended to save that voicemail but for reasons unknown to me it was deleted.

The Principle of Right of Self-determination

I have always pleaded for an unrestricted right of self-determination which means that Kashmiris are to be given the right to accede to India or Pakistan or to choose independence.

I wrote in the Washington Post on July 7, 1990. “There is nothing in the United Nations plan that is incompatible with pluralism. We do not wish to foreclose any of the three possible options for the people: independence, accession to Pakistan or accession to India (despite all the atrocities committed by India). We refuse to believe that fairness is an impractical proposition.”

I wrote in Washington Times, on April 2, 2000 “Kashmiris recognize that any solution must also answer the genuine national security and communal concerns of both India and Pakistan. Thus, if independent statehood is approved, the 13 million people of Kashmir would accept permanent neutrality like Austria in the 1955 State Treaty that ended foreign occupation.”

I wrote in Washington Times on July 8, 2001, “The United States should also offer India tangible rewards for acceding to Kashmiri self-determination subject to safeguards to prevent Kashmiri independence from threatening India’s national security interests: support for permanent Indian membership in the Security Council: grand fathered nuclear status under the Nuclear Nonproliferation Treaty; the ending of sanctions for India’s 1998 nuclear tests; and closer military ties that would strengthen India’s hand in its border and companion quarrels with China.”

I again wrote in Washington Times on October 21, 2001, “As was done in East Timor in 1999, the United Nations Security Council should organize and conduct a plebiscite on Kashmir’s future and deploy a peacekeeping force to ensure a free and fair voting climate. The voter registration and campaigning should consume six to 12 months. India and Pakistan should be ordered to maintain a cease-fire and to thin their military presences. The plebiscite should offer three choices: accession to India, accession to Pakistan, or independence.”

I also wrote in 1993 that “the right of self-determination, by definition, is an unrestricted right. By entering into the agreement, India and Pakistan excluded, and rendered inadmissible, each other’s claim to the State until that claim was accepted by the people through a vote taken under an impartial authority. They did not, as they could not, decide what options the people would wish to consider. No agreement between two parties can affect the rights of a third: this is an elementary principle of law and justice which no international agreement, if legitimate, can possibly flout. Therefore, India and Pakistan could not tell the people of Kashmir that they can choose independently but they cannot choose independence. It would make a mockery of democratic norms.”

Fallacious Proposals for the Solution Of Kashmir

An indication of the misplaced focus is the wrong-headed talk about the “sanctity” of the line of control in Kashmir. It is forgotten that this line continues to exist only because the international agreement which had been concluded between India and Pakistan, with the full support of the United States. This line was originally formalized by that agreement as a temporary cease-fire line pending the demilitarization of the State of Jammu and Kashmir and the holding of a plebiscite to determine its future. As long as it will remain clamped down on the state, it will continue to impose a heavy toll of death on the people of the land. They have had no hand in creating a line which has cut through their homes, separated families and, what is worse, served as a protecting wall for massive violations of human rights. They are not resigned to its becoming some kind of a border.

Equally distressing has been the reported canvassing by some quarters of the idea of autonomy for Kashmir with the Indian Union. Kashmiri leadership has the support of mass opinion for its stand that this is totally unacceptable as:

It would be liable to revision or repeal by the Indian legislature, with or without a change of Administration:

Most importantly, it would not be incorporated in an international treaty or agreement with the expressed support of all states neighboring Kashmir as well as the permanent members of the Security Council;

Kashmiris have had the experience of a limited autonomy, which was first practiced under a personal understanding between Nehru and Abdullah and later provided for by Section 370 of the Indian Constitution. It was eroded and eventually whittled away by the forces of circumstances.

One consideration becomes compelling clear that it is virtually impossible that a settlement, no matter how pleasing to the present leadership of India and Pakistan and even of certain interested foreign powers, will endure and carry a stamp of genuineness unless it has a rational framework, rests convincingly on principle and is transparently democratic.

Kashmir: A Way Forward

All that is needed for the settlement is going back — yes, going back — to the point of agreement which historically existed beyond doubt between India and Pakistan and jointly resolving to retrieve it with such modifications as are necessitated by the passage of time. The point of agreement was one of inescapable principle- — that the future status of Kashmir shall be decided by the will of the people of the State as impartially ascertained in conditions free from coercion.

True, 65 years have passed since the resolutions were adopted but as many years have gone since the Charter of the United Nations was adopted. Lapse of time does not invalidate international agreements. However, India, Pakistan and the Kashmiri leadership must signify their willingness to consider any arrangement which conforms to the same principle as did the United Nations resolutions and may be more feasible in the changed circumstances of today.

I believe that the United Nations can, and should, lead the effort to achieve a fair and lasting settlement of the dispute – fair to the people most immediately involved and fair to its own commitments to democracy and human rights. By doing so, the United Nations can strengthen the principles of a just world order. It will also earn the gratitude of generations in Kashmir, in Pakistan and even in India itself.

The UN can play a more activist, mediatory role in regard to Kashmir by initiating a peace process. This can take the shape of a polygonal dialogue – U.S., China, India, Pakistan and Kashmir – or an appropriate use of the newly – developed procedures and mechanisms at the United Nations. The U.S. by itself or through the U.N. would supply the catalyst that is needed for a settlement.

We urge the members of the United Nations Security Council to maintain, indeed to intensify, their watch over the situation in Kashmir and not to be lulled into the belief that the dialogue between India and Pakistan, in the form and at the level it appears to be contemplated at present, will soften the conflict or lessen the urgent need for mediatory initiatives. The policy that aims at merely defusing the situation, whatever that may mean, and not encouraging a credible settlement has not paid in the past. It is likely to do even less now.

What is desperately needed is an affirmation by the Indian and Pakistani leadership at the highest level of the necessity of taking new measures to effect the settlement of the dispute within a reasonable time frame. To that end, India and Pakistan must together prepare a plan for the demilitarization of the State with safeguards for security worked out together. Confidence that a real peace process is being launched would be inspired by the ending of repressive measures within the Indian-held area by both the federal and the state authorities. If sincerity is brought to the process in place of cheap trickery, the dawn of peace will glow as never before over the subcontinent.

The global initiatives in Kashmir will not only end the bloodshed and suffering in Kashmir, but also have a direct positive effect on international security by eliminating regional fighting, national tensions, and the risk of a nuclear war between India and Pakistan. It is in everyone’s interest to settle the Kashmir conflict peacefully without further delay. We don’t want to see the horrific nightly scenes from Bosnia, Kosovo and Darfur replaced by an even greater catastrophe in Kashmir.

 

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