The deep import of the Article 370 verdict

• The recent verdict has implications for three crucial aspects that have received less attention: its impact on the ground in Jammu and Kashmir and Ladakh, its reflection of the Court's perspective on peace and security, and its implications for the foundational principles of democracy in India.
• Going back to 1953-55, the States Reorganisation Commission facilitated public consultations, allowing villages to express their preferences for administrative units.
• However, the recent judgment undermines even the right to consult with the State's elected representatives.
• In practical terms, the response to the judgment varies across regions. Jammu has greeted it with ambiguous silence, influenced by economic dispossession since 2019 when the lieutenant governor's administration favoured national industries over local ones in trade, retail, and mining rights.
• Kargil expresses disappointment, primarily due to its Shia-majority population's desire to maintain ties with the Valley.
• Ladakh, on the other hand, welcomes the separation with reservations. Meanwhile, the response in the Valley carries an ominous undertone. Jammu's ambiguity arises from economic concerns, Kargil is disappointed in its desire for ties with the Valley, and Ladakh, while welcoming the separation, seeks an elected administration over a lieutenant governor.

3. Impact on the Valley

• Examining the severe impact of the verdict on the Valley, a prevailing belief emerges that Kashmiris feel resented by the rest of India, with their voices repeatedly suppressed. Analyzing how this sentiment is reinforced by the circumstances surrounding the President of India's orders on August 5.
• Investigating the draconian circumstances in which the President of India, Ram Nath Kovind, issued the August 5 orders. Detailing the deployment of additional troops, mass detentions, imposition of Section 144, and a complete communications blackout—a context often overlooked in the judgments.
• Critiquing the judicial handling of the events leading up to the presidential orders. Highlighting the omission of critical details, such as the widespread detentions and communication blackout, in both the main and concurring judgments.
• Assessing the judicial acceptance of alleged security threats, particularly the purported threat to the Amarnath Yatra in August 2019. Questioning the adequacy of this justification and its role in framing the presidential orders and the Jammu and Kashmir Reorganisation Act, 2019.
• Examining the broader implications of an unquestioning acceptance of security concerns. Illustrating how this acceptance, over eight years, has led to numerous arrests on unproven charges, hindering open debates on policy and performance in handling internal and external conflicts.

Need for Accountability and Transparency

• Investigating the potential dangers of a blanket acceptance of security concerns. Drawing parallels with instances like the Pulwama attack and the recent security lapse allowing smoke bombs in Parliament. Emphasizing the critical role of policy accountability in enhancing operational efficiency.
• Discussing the broader consequences of unquestioning acceptance of security concerns, as observed in cursory parliamentary discussions on conflicts such as Manipur's civil conflict. Advocating for a more thorough examination of security lapses to facilitate informed policy discourse and operational improvement.

4. Escalating Violence and Rights Violations

• Examining Justice S.K. Kaul's acknowledgement of human rights abuses in Jammu and Kashmir within the recent judgment. Critiquing the apparent oversight, akin to the main judgment, regarding the violation of human and political rights since August 2019.
• Critically analyzing the neglect of lessons learned from India's historical experience, emphasizing that peacemaking stands as the most effective solution to internal conflicts. Highlighting the contrast in violence trends between the peace process of 2002-13 and the period following policies of purge and censorship post-2019.
• Exploring the potential effectiveness of alternative policies, such as those employed during the A.B. Vajpayee and Manmohan Singh administrations, involving an improvement in democratic practices alongside peace talks with Pakistan.
• Assessing the risks associated with validating the extreme clampdown of August 2019 and the subsequent actions taken under its cover. Discussing the potential for an upsurge in violence upon the restoration of a semblance of democracy.
• Scrutinizing Justice Kaul's suggestion of a truth and reconciliation commission to bridge the gap. Reflecting on the proposal made over a decade ago by former Chief Minister Omar Abdullah and its historical context.
• Drawing comparisons with the South African Truth and Reconciliation Commission and exploring the challenges and prospects of implementing a similar approach in the current scenario of Jammu and Kashmir.
• Highlighting the absence of a peace process in Jammu and Kashmir at present. Analyzing the potential consequences of the verdict's validation of autonomy removal and administrative biases, predicting heightened alienation in the Valley.
• Raising questions about the feasibility of reconciliation in a situation where there is no ongoing peace process and where the verdict may contribute to increased alienation.

5. A Blueprint for Reconciliation

• Examining the lingering question of how to move forward from the present situation in Jammu and Kashmir, considering the irreversible changes.
• Proposing the commencement of a new peace process by the Union administration, outlining potential steps to rebuild trust and foster reconciliation.
• Recommending the restoration of statehood and the holding of elections as essential measures to re-establish a semblance of democratic governance.
• Emphasizing the importance of restoring freedom of expression as a fundamental component of rebuilding a democratic and open society.
• Recognizing the likelihood of an outpouring of anger suppressed by fear of reprisals. Emphasizing the need for the administration to respond with compassion and understanding rather than resorting to repressive measures.
• Advocating for a return to the blueprint for a sustainable solution developed by A.B. Vajpayee and Mr. Singh during their administrations.

Key Components of the Blueprint

• Highlighting the importance of disarming armed groups and demilitarizing the region as crucial steps towards establishing lasting peace.
• Recommending the adoption of a soft border approach and autonomy for both Jammu and Kashmir and its Pakistan-held parts as integral elements of the blueprint.
• Proposing the exploration of joint development options for the entire former princely State to foster cooperation and shared prosperity.

Challenges in Blueprint Implementation

• Expressing doubts about the likelihood of the current administration embracing the suggested blueprint for reconciliation.
• Acknowledging the potential challenges in finding leadership committed to sustaining and implementing such a comprehensive blueprint.
• Leaving room for optimism that future leaders with a broader perspective might consider and sustain the envisioned blueprint for lasting peace.