The contents of this report are primarily the outcome of the
Group’s interactions with more than 700 delegations held in all the twenty two
districts of Jammu and Kashmir and the three round-table conferences (RTCs) we
organized since our appointment on 13 October, 2010. The delegations
represented political parties at the State and local levels; civil society
groups engaged in the protection of human rights, development and good
governance; student bodies; the academic fraternity; associations of lawyers,
journalists and businessmen; trade unions; religious establishments; community organizations of specific ethnic groups and people uprooted from their homes due to war
or endemic violence; newly-elected panchayats members, the heads of the police,
the paramilitary forces and the Army. The three RTCs – two conducted in Srinagar and one in Jammu –
brought together women, scholars/activists and cultural workers from all the
three regions of the State, viz. Jammu, Kashmir and Ladakh. Several thousand ordinary citizens also
turned up at three mass meetings we attended to express their views on a wide
range of issues. Furthermore, we met
militants and stone-pelters lodged in the Central Jail in Srinagar, and the
families of the victims of alleged human rights abuses. The report takes into account the vast
literature on Jammu and Kashmir:
scholarly studies and journalistic reportages; proposals for a political
settlement contained in documents issued by mainstream and off-stream political
formations; publications of think tanks;
reports of various Commissions and working groups established by the
Central or the State government over the past several decades; and official
documents related to political and constitutional developments since Jammu and
Kashmir’s accession to the Indian Union.
II
The political settlement we propose takes into full account
the deep sense of victimhood prevalent in the Kashmir Valley. It surely
deserves to be addressed with great sensitivity. At the same, we have also
sought to avoid the pitfalls of viewing the myriad issues bedeviling the State
from the prism of any one region or ethnic or religious community. Our interactions revealed a wide-spread
desire of people to lead a life of dignity and honour. They sought, in particular: Freedom from all forces of religious
extremism, ethnic or regional chauvinism and majoritarian conceits that disturb communal and inter-regional
harmony; - Freedom from an opaque and unaccountable
administration; - Freedom from economic
structures, policies and programmes that
frustrate efforts to promote inclusive economic growth and balanced development
of all parts of the State;
- Freedom from social
structures and policies that are detrimental to disadvantaged social groups,
minorities and women;
- Freedom from harsh
laws, or laws harshly applied, and judicial delays that curb the space for
legitimate dissent;
- Freedom from the
kind of intimidation and violence that compel people to flee their habitat;
- Freedom from threats
to the religious, linguistic and cultural identity of all communities;
- Freedom from
pressures on the media and on media persons, RTI activists, civil rights group
and cultural organizations.
III
We believe that a broad consensus exists on the following
points:
- A political
settlement in Jammu and Kashmir must be achieved only through dialogue between
all stake-holders, including those who are not part of the mainstream. Their
commitment to democracy and pluralism must be above board.
- Jammu and Kashmir
should continue to function as a single entity within the Indian Union.
- The State’s
distinctive status guaranteed by Article 370 must be upheld. Its ‘erosion’ over
the decades must be re-appraised to vest it with such powers as the State needs
to promote the welfare of the people on its own terms.
- People must be able
to exercise their democratic rights without the strains and stresses of the
past, both as State subjects and as Indian citizens. Transparent and
accountable governance cannot be ensured otherwise. Nor can freedoms and the
safeguarding of cultural identity, honour and dignity of every individual.
- The diverse
aspirations of the three regions – Jammu, Kashmir and Ladakh – and of
sub-regions, of various ethnic and religious groups, of people uprooted from
their homes due to wars or endemic violence – must be addressed. This calls for
political, Financial and administrative empowerment of elected bodies at the
level of the region, the district, the block and the
Panchayat/Municipality.
- To promote the
State’s economic self-reliance, a fresh financial arrangement between the
Centre and the State is required. This would include a special dispensation for
hilly, backward and remote areas and for socially disadvantaged groups.
- A hassle-free
movement of people, goods and services across the Line of Control and the
International Border must be swiftly ensured leading to institutionalized
cooperation between the two parts of the erstwhile princely State in all areas
of mutual interest and concern.
- This would be best
achieved if institutions of democratic governance are established at the level
of the State, the region and the sub-region in those parts of Jammu and Kashmir that are presently administered by
Pakistan.
IV
To build on this
consensus we recommend that a Constitutional Committee (CC) be set up to review
all Central Acts and Articles of the Constitution of India extended to the
State after the signing of the 1952 Agreement. It should be headed by an
eminent personality who enjoys the esteem of the people of Jammu and Kashmir
and of the people of India as a whole.
It should include, as its members, constitutional experts who enjoy the
confidence of all major stake-holders. Its conclusions, to be reached within
six months, will be binding on all of them.
The CC shall be mandated to conduct its review on the
following basis proposed by us.
It will bear in mind the dual character of Jammu and Kashmir,
viz. that it is a constituent unit of the Indian Union and that it enjoys a
special status in the said Union, enshrined in Article 370 of the Constitution
of India; and the dual character of the people of the State, viz. that they are
both State subjects and Indian citizens.
The review will, therefore, have to determine whether – and to what
extent – the Central Acts and Articles of the Constitution of India, extended
with or without amendment to the State, have dented Jammu and Kashmir’s special
status and abridged the State government’s powers to cater to the welfare of
its people.
The Constitutional Committee should be future-oriented in
that it should conduct its review solely on the basis of the powers the
State needs to address the political,
economic, social and cultural interests, concerns, grievances and aspirations
of the people in all the three regions of the State – Jammu, Kashmir and Ladakh
– and all its sub-regions and communities.
In this connection, the Committee will also need to reflect on the
quantum of legislative, financial and administrative powers that the State
Government should delegate to the three regions at all levels of governance –
the regional, district and Panchayat/Municipality.
The Constitutional Committee’s recommendations must be
reached through consensus so that they are acceptable to all stake-holders
represented in the State Assembly and in Parliament. The next step would be for the President, in
exercise of the powers conferred by Clause
(1) and (3) of Article 370 of the Constitution, to issue an order incorporating the
recommendations of the Constitutional Committee.
The order will need to be ratified by a Bill in both Houses
of Parliament and by each House in the State Legislature by a margin of not
less than two-thirds majority of the total membership present and voting in
each House. It will then be presented to
the President for assent.
Once this process is over, Clauses (1) and (3) of Article 370
shall cease to be operative and no orders shall be made by the President
hereafter under the said clauses as from the date of the final order.
V
To facilitate the work
of the Constitutional Committee, we list below our own suggestions.
We seek a New Compact with Jammu and Kashmir. It covers a wide range of issues – political,
economic, social and cultural.
Political Component: Centre-State Relations:
We believe that
retaining many of the Central laws made applicable to the State over the past
six decades should not give rise to any strong objections. They must be seen to be what they are: fairly
innocuous laws that have been beneficial to the State and its people and also
enabled the State to conform to international standards, norms and regulations. For example, laws related to
opium, press and registration of books, payment of wages and insurance. Further, we believe that the national
interest will not be adversely affected if certain subjects from List III of
the Seventh Schedule are transferred to
the State. Detailed suggestions in this respect are contained in the Chapter on
the Political Components of the New Compact.
Indeed, the future-oriented approach we have suggested – one
that takes into full account the strategic, political, economic and cultural
changes in the State, in India as a whole, in the South-Asian region and
beyond, as a result of globalization – should enable all stakeholders to reach
a rapid agreement on the Articles of the Constitution of India extended to the
State.
Our recommendations on
certain issues of contention are as follows:
• Delete the word
‘Temporary’ from the heading of Article 370 and from the title of Part XXI of
the Constitution. Replace it with the
word ‘Special’ as it has been used for other States under article 371
(Maharashtra and Gujarat); Article 371A (Nagaland); 371B
(Assam); 371C (Manipur); 371D and E (Andhra Pradesh); 371F (Sikkim); 371G
(Mizoram); 371H (Arunachal Pradesh); 371I (Goa).
• On the Governor: the
State Government, after consultations with Opposition parties, shall submit a
list of three names to the President.
The President can ask for more suggestions if required. The Governor will be appointed by the
President and hold office at the pleasure of the President.
• Article 356: the action of the Governor is now justiciable
in the Supreme Court. The present
arrangement should continue with the provison that the Governor will keep the
State legislature under suspended animation and hold fresh elections within
three months.
• Article 312: The
proportion of officers from the All India Services should be gradually reduced
in favour of officers from the State civil service without curbing
administrative efficiency.
• The nomenclatures in
English of the Governor and the Chief Minister should continue as at
present. Equivalent nomenclatures in
Urdu may be used while referring to the two offices in Urdu.
• Create three
Regional Councils, one each for Jammu, Kashmir and Ladakh. (The latter would no longer be a
division of Kashmir). Devolve certain legislative, executive and financial
powers to them. A further devolution of
executive and financial powers to Panchayati Raj institutions – at the level of
a district, a village panchayat, a municipality or a corporation – would be
part of the overall package. All these bodies will be elected. Provisions will be made for representation of women, SC/ST,
backward clans and minorities (See part
VI). MLAs will be ex-officio members
with voting rights.
• Parliament will make
no laws applicable to the State unless it relates to the country’s internal and
external security and its vital economic interest, especially in the areas of
energy and access to water resources.
• These changes should
be harmonized in all parts of the former
princely State. All opportunities for
cross-LOC cooperation should be promoted. This will require substantial
constitutional changes in Pakistan-administered Jammu and Kashmir
• Take all appropriate
measures to regard Jammu and Kashmir as a bridge between South and Central
Asia.
VI
The subjects out of List II of the Seventh Schedule that
could be transferred from the State Legislature to the Regional Councils are
listed in detail in our report.
Among the subjects from List III transferred to the State
Legislature, the State Legislature could consider delegating some of those
subjects to the Regional Councils.The subjects listed in ‘A’ and ‘B’ of the
agreement reached on Gorkhaland can also be considered.
Meanwhile, the financial and administrative powers to be delegated to Panchayati Raj institutions
will be on the lines of the 73rd and 74th amendments of the Constitution of
India.
VII
B. Cultural CBMs
In order to promote reintegration of the three regions of the
State, take the following cultural steps: Initiate an inter-and intra-Kashmir
dialogue, establish exchange programmes of students, writers, artists and
crafts persons, create appropriate infrastructure for arts, develop
multi-cultural curricula, provide translation services to the State’s many
languages, revitalize the State’s folk traditions, encourage cross-LOC tourism
and open radio and television programmes in the State’s languages.
VIII
C. Economic and Social CBMs
Adopt the best practices of other Indian States for the
promotion of socio-economic activities under the mode of public-private
partnerships; create SEZs for the promotion of industry, which should be
extended financial and fiscal incentives on the pattern of the North Eastern
States; provide attractive export incentives for promotion of Kashmiri
handicrafts; extend technical and financial support for improving productivity
and production of horticulture industry; preserve new ecology and bio-diversity of the State; ensure early
vacation of industrial establishments and other buildings occupied by security
forces; explore exploitation of minerals and other deposits of natural
resources; operationalize an International Airport in Srinagar to attracting
tourists from international destinations; expedite the completion of all
infrastructure projects including rail links and surface roads connecting
different regions of the State and across the borders; transfer Central sector
power generating projects to the State; and declare hilly, remote and backward
areas as Special Development Zones.
Need for an overall educational policy; effective
implementation of health schemes; implementation of flagship programmemes
through Panchayati Raj institutions.
IX
Road Map:
The Roadmap leading to these political, economic and cultural
freedoms depends on the credibility of the dialogue process, implementation of
key CBMs and building a consensus amongst key stakeholders.
Judging from the situation on the
ground and the lessons learned from previous peace initiatives, the following
CBMs will help establish a credible dialogue for resolution:
(a) Speeding Up Human
Rights and Rule of Law Reforms This includes the release of all remaining
“stone-pelters” and political prisoners against whom there are no serious
charges, withdrawal of FIRs against those of them that are first-timers or
minor offenders, amnesty for militants who renounce violence and their
rehabilitation, the rehabilitation of all victims of violence, reduction of the
intrusive presence of security forces, constant review of the
implementation of various Acts meant to counter militancy and, not least, the return of the Kashmiri
Pandits, and Jammu and Kargil migrants to their homes to lead a life of
security, honour and dignity, adequate compensation for migrants from Pakistan-administered
Kashmir and the recognition of their status as State subjects.
(b) Amendment of the
PSA and Review of the DA and AFSPA:
(c) Improvement of
police-community relations.
(d) Rationalisation of
security installations through reducing Their spread to a few strategic
locations and creating mobile units for rapid resoponse .
(e) Fast-track
implementation of the Recommendations of the Prime Minister’s Working Group on
CBMs, in particular;
• Making the return of
all Kashmiris, mainly Pandits (Hindu minority) a part of State policy;
• Providing better
relief and rehabilitation for widows and orphans of violence in the State,
including Widows and orphans of militants; and
• Facilitating the return of Kashmiris stranded across the
LoC, many of whom had crossed over for arms training but now wish to return
peacefully.
(f) Fast-track implementation of the recommendations of the
Prime Minister’s Working Group on Relations across the LoC. This will anchor efforts to build
consensus for a solution and should include opening all routes across the LoC,
and easy trade and travel through multiple-entry permits/Visas
(g) Establish a Judicial Commission to look into the unmarked
graves, with an emphasis on identification of missing/ disappeared persons Many
of these CBMs only been partially implemented. In order to ensure better
implementation, the Group recommends the establishment of an empowered group to
Monitor CBMs
Dialogue Process:
In order to take the political dialogue forward, the Group
recommends:
(a) Resume the GOI-Hurriyat dialogue at the
earliest opportunity. This dialogue should yield visible outcomes and be made
uninterruptible. .
(b) Encourage
Pakistan and Pakistani-administered Jammu and Kashmir to enter into dialogue on
the recommendations as fine-tuned by the CC and points emerging from the
GOI-Hurriyat dialogue.
(c) Agreement
between India and Pakistan to promote civil society interactions for the Jammu
and Kashmir on both sides of the Line of Control.
X
Harmonization of Relations Across the LoC
A large number of the delegations
that we met believe that no permanent for lasting solution can be achieved
unless it applies also to the those parts of the former princely State that are
under Pakistani administration. Such a position is also in consonance with the
1994 Parliament Resolution, which sought a settlement for the whole of the
former princely State. The Pakistan-administered parts, however, have been
altered in the significant ways. Pakistan-administered Jammu and Kashmir is
currently divided
into two parts, each with a different political status. The
demography of the State has also been altered in significant ways, through
migration from other Pakistani provinces.
Any attempt of harmonization of Centre-State Relations and devolution of
powers at the regional, district and Panchayat/ Municipality levels across the
LoC, therefore, will necessitate wide-ranging constitutional change in Pakistan
–administered Jammu & Kashmir. If agreed, such harmonization will permit
the development of joint institutions across the LoC for development, resource
generation and other common matters. This Group recommends that these issues be
discussed with the concerned representatives on the other side of the LoC.
Finally, this Group
recommends that the search for solution should not be made contingent on
India-Pakistan talks. If the stakeholders in Jammu & Kashmir are willing to
enter into a settlement, the door can always be kept open for Pakistan to
join. The key objective is, as Prime
Minister Manmohan Singh has expressed, make the LoC irrelevant. It should
become a symbol of Concord and Cooperation.
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