Speaking from the Red Fort on 15th August 2008, Manmohan Singh talked about the need to provide better arrangements for pilgrims to Amarnath; praising the role of Kashmiris in providing such arrangements upto now, he called it an example of the secular traditions of India, and he opposed 'divisive' politics. However he failed to tell the country why Chief Minister of J&K Gulam Nabi Azad chose to violate the landownership laws of J&K and join hands with the already transferred Governor Sinha to transfer land of Kashmir. He also failed to utter ever a word of sympathy (leave alone express regret) for the around 40 Kashmiris killed by armed forces' bullets over the previous four days or the over 200 injured by them, or for the families of the dead and injured.

Who is responsible for the current turmoil in J&K ?

To understand the current situation in J&K it is necessary to briefly recapitulate its history. After the defeat of the Sikh Kingdom in 1846, the pro-British colonialism Dogra King of Jammu, Gulab Singh, bought Kashmir Valley from the British for 75 Lakh Rupees and established the state of J&K in the form existing till 1947. It the state he ruled over, all three parts - Ladakh, Jammu and Kashmir - were present. During the communal division of the country by British rulers along with Congress and Muslim League in 1947, King Hari Singh associated this state with India in 1947, on certain conditions, By that time the State was divided 60 : 40, with one part under control of India and secured for it by the Army, and the other under Pak control. At that time there was a sharp antimonarchy struggle on in the state in the leadership of National Conference. Hari Singh became the first President of that part of the state which was with India and Shiekh Abdullah (leader of National Conference) its first Prime Minister. Hari Singh's decision to accede to India was not acceptable to all sections of the state which came to India, but due to Sheikh Abdullah's endorsement, people's opinion was divided.

However, leave alone conducting a referendum, India' ruling classes concentrated on consolidating their hold over the state while alienating the Kashmiris who are predominantly Muslims. The conditions accepted at the time of accession have been either violated, modified in 1974, or under mined. India's rule over the Kashmir Valley has been primarily through armed forces. Repressive Laws like Armed Forces Special Powers Act (AFSPA), Disturbed areas act and other repressive laws have been continually operative in the area, giving the armed forces unbridled powers, Democratic rights have been continually and cruelly suppressed; political rights thrown to the winds. Elections held from time to time have been a farce in the valley. Instead of any attempt to win the confidence of the people of J&K conduct of India's ruling classes has inexorably strengthened their conviction that peace, freedom from repression by armed forces, and unity of Kashmiri people can only be achieved by freedom from India.

There has been a long standing communal opinion in India's ruling classes that this state should be divided into three parts, and the Kashmiris (i.e. Muslims) be allowed to separate out along with as little as possible of the upper part of the Valley. Jammu and Ladakh along with as much of the lower part of the Valley of possible should be retained in India. In its main contours this was the understanding of Sardar Patel; when LK Advani talks about the 'unfinished task' of the 1947 communal division viz a viz Kashmir, it is this understanding he reveals. This is the understanding which Sharma of the Amarnath Sangharsh Samiti has stated in so many words. India's rulers covet the land of Kashmiris and don't care a hoot about its people. Thus they rant about J&K being an 'unalienable part of India' and about unity and integrity' in reference to an area which even India's Govt. has acknowledged before UN as a disputed area. Not only this. Over the years the ruling classes of India have systematically worked to create communal divisions in the state. While there is no need to repeat this long history here in details, it has to be kept in mind to understand the present events.

It is a  reality that when Kashmiris study in other parts of India, go there to trade or to work, they are looked upon with suspicion, troubled by the police for no reason, and they live with fear, and this situation is worsening. As is the situation in the rest of the India, there are no jobs for the youth in J&K and inadequate educational opportunities including for higher education.

Even as Governor Vohra revoked the demand of the Amarnath Board for land transfer thereby rendering infructuous the transfer and so laying to rest the dispute raised by the trio of Gen. Sinha - Gulam Nabi Azad - Mufti, a movement was launched in Jammu by three congress MLAs of Jammu, Congress MPs and activists of RSS and BJP, This was run under the banner of Amarnath Yatra Sangharsh Samiti. Its leader, Sharma, as also BJP leader Rajnath Singh had announced in July 2008 itself that economic blockade of Kashmir Valley would be carried out and the Kashmiris would be taught a lesson. Trucks coming from Kashmir were stoned, they were stopped and their drivers beaten up, trucks going to Kashmir were stopped enroute not only in Jammu but also in Punjab on the GT Road in the areas of BJP MLAs (the GT Road is the sole road link between Delhi and Jammu). Agitators themselves claimed that in 40 days 10,000 demonstrations were held with many being around the Banihal Pass which is the straight route between Jammu and Kashmir. Thus the easy way to open the blockade was to send army escorts with convoys of trucks and for army patrols for the Pass. This neither the Congress not the BJP wanted (Hindu, 13th Aug. 2008). The intention of the agitators becomes crystal clear also from the fact that they dug up the railway line being laid to link Kashmir with the rest of the country.

The role of the Congress in Jammu agitation is clear along with the active role of the VHP. There is no need to repeat mention of the role of Cong. CM of the state, Gulam Nabi Azad. Apart from this, leaving aside two local Congress leaders, the rest of the Congress leadership in Jammu was in the leadership of the agitation. This included ex Dupty CM of the state Mangat Ram Sharma, Gulchain Singh Charak, R.S. Chib, Shyam Lal Gupta, Manohar Lal and Lal Singh. A report in Hindu (23rd Aug. 2008) establishes that the main Congress leaders of Jammu went to Delhi to demand from the party leadership (they met Sonia Gandhi also) that it support the Sangharsh Samiti.

Two old men committed suicide in Jammu in support of the 'reaction agitation' and there were nine reported deaths in police firings (including deaths of Kashmiris in mixed districts). 10,000 people who were arrested in Jammu on different days of the agitation (quite a few on the charge of attacking police) were all given bail; later of course, as part of the settlement with the agitation, it has been decided to compensate all those who suffered any loss in the agitation. So it was a fight paid for by the Govt. However these 'democratic' methods were not applicable to the Valley. Rather the Hurriyat leaders were put under house arrest for the Muzaffarabad Chalo Call, though Amarnath Sangharsh Samiti leaders roamed free in Jammu to implement economic blockade. Three of the six districts of Jammu have a mixed population - in all three there was anti Muslim violence. On 13th Aug. 2008, when Muslims in Kishtwar came out to protest against the killing of Hurriyat leader Sheikh Aziz, two of them were killed in army firing. On the same day 'shoot at sight' orders were issued for this area. No communal incident of any kind took place during the entire period in the Valley where the Amarnath Yatris were present in huge numbers; the Hurriyat leaders went and met the Yatris, explained the purpose of their agitation to them, ensured that shops were kept open for the Yatris during bandh calls, organized 'langars' for them and accorded them the status of Guests. The national English dailies gave no space to these activities of the Hurriyat leaders.

After the 'Muzaffarabad Chalo' call was given, the Govt. of India, the BJP and the Amarnath Sangharsh Samiti have repeatedly claimed that the people of the Valley were purposely lying that an economic blockade was on and Hurriyat was using this false propaganda to instigate the people. Reports claimed that apples ripened at the end of Aug, then how could they be already under threat of rotting (as the Traders Association of Kashmir was fearing) etc. Basically, after threatening a blockade the perpetrators denied the existence of one, and the Union Govt. stood by their denial.

To effect an economic blockade it is not necessary to stop every single truck or beat every single driver - if such incidents start occurring, how many traders will risk their goods anywhere in the country? The Home Minister of India took an all party delegation of parliamentary parties to Jammu, and then he proceeded to Srinagar. Here representatives of the Apple Traders Association of Kashmir and of the Kashmir Chamber of Commerce waited for over two hours after his arrival to meet him. They, however, could not meet the minister. Later, the Home minister announced that there was no economic blockade in place, and if fruits could not leave the Valley they would be purchased by the CRPF and distributed to the Valley's children. If the fruit rotted, the Govt. would give compensation. Along with he advised chemists in the Valley to requisition their needs directly from suppliers in Delhi. Do all these riders not substantiate on economic blockade. Not only this, on 18th Aug, leader of the Amarnath Sangharsh Samiti, Sharma, reiterated that such a blockade would be enforced that the world would come to know of it. Probably because he is a Hindu he is not labeled as a 'separatist' or a 'terrorist' by the communal Govt. of India or the media.

On 21st Aug' 08, the Economic Times made public a secret report of the Central Govt. which substantiated that an economic blockade of the Valley was on. According to the figures quoted, the number of loaded trucks moving in and out of the Valley in July 2008 was 28% less than in the same period in 2007. In the first 18 days of August, in comparison to 2007, trucks coming the Kashmir decreased 49%, while 64% less loaded trucks left the valley in the period compared to the same period last year.

The economic blockade started in spurts from 22nd June 2008 after the announcement of the same by BJP state President Ashok Khajuria. Loaded trucks going to Delhi with fruits were looted at Kathua and Samba. Two drivers, both residents of the Valley, were greviously injured in attacks and were admitted to Govt. Hospitals in Delhi, where eventually one (Shri Mohd Latif Vani) died at the AIIMS. On 17th Aug. 2008, driver Basheer Ahmad Shala was attacked at Kathua using petrol bombs and trishuls. He had to be hospitalized.

Usually 1000 trucks go towareds Srinagar per day during summers and around 400 per day come form Srinagar. In 2007, 4216 laden trucks came out of Kashmir in the first ten days of August; this year the figure was nearly 884 trucks for the same period.

Thi situation in Kashmir Valley is that it anyway gets habitually snowed into isolation for long periods in winter, so people there have a basic storage of foodstuffs. It is vegetables and medicines, especially supplies for the hospitals which were at this time getting hundreds of bullet and bone injuries, that were acutely compromised.

Why was the Amarnath Yatra Board set up in the first place? For over 160 years the Govt. of J&K has been making the arrangements for the annual yatra. The task now includes registration of pilgrims in different states, distributing quotas among the states, deciding the duration of the yatra, making arrangements for pilgrims' stay and food. The army, which is present all over Kashmir, is also involved in security arrangements. The Govt.'s clarification is that a committee was instituted in 1996 which suggested the setting up of the Board. Why was the committee formed? There were landslides in Amarnath area in which 200 yatris were stuck for several days in mountains. The Govt. of India set up the committee which on the one hand setup the Board and on the other recorded that it was because of local Kashmiri people that only such a small number of Yatris faced serious problems. The local people sheltered the pilgrims and rescuing them, helped them to return using alternative routes through the mountains etc. May be reason behind proposing a Board even then was because the committee imagined that the Amarnath Board could stop natural calamities.

Its second aspect is slowly becoming clearer. Till 1947, 'J&K Govt' implied the Dogra King. After this J&K Govt. - where is fact the entire senior administration and bureaucracy is non Kasnmiri since long - is gradually being looked on as the Govt. belonging to a particular religion. If this was not so, what did Sharma of the Amarnath Sangharsh Samiti mean when he stated (Hindu, 18 Aug 2008) that the Tourism Dept of J&K Govt had no right to look after the 'Hindu' Yatra?

The Governor of the State is the president of the Amarnath Board. According to writer David Devdas (HT, 17th Aug 08) the Ex Governor Sinha increased the duration of the Yatra this year from fifteen days to two months. The members of the Board, who are nominated by the Governor, are all non Kashmiris, This year all the material needed for the yatris was purchased by the Board from outside, whereas every year these purchases were made from local Kashmiri traders and these traders where dependent on this income for their annual needs. The Amarnath cave had been found by a Kashmiri shepheard. Traditionally, 1/3 of all offerings at the cave were made over to his family. This year the Board is said to have put a stop to this practise.

On the one hand the propaganda is that Hurriyat is lying to the people - land is being transferred only for a period of two months to build temporary residences (this work anyway was being done every year by the J&K Govt). On the other hand the BJP leaders have raised the clear cut demand that we want facilities like those given for Haj Yatra. For the Haj Yatra permanent structures exist in major cities of India - then  is it very difficult to understand actually how 'temporary' a holding of the land is being aimed at.

Acting on an individual‘s petition before it in 2005, the J&K High Court passed an order on the issue of the Board against which the state government has gone in appeal (pending). BJP leaders demanded that this order be implemented (as events show the final agreement with the Amarnath Sangarsh Samiti-ASS more than meets this  demand). According to the order the government has to turn over the land under discussion (this includes forest land) to the  Board. The Board will make  residential facilities, facilities for generating electricity, pucca drainage system etc. The Board will handle registration of pilgrims instead of J&K Government, quotas to states, decide for how many days the Yatra will continue. It will also be authorized to get ‘air-conditioning’ for the ‘lingam’ (made of ice) which of course means that it will never need to melt! Neither the government nor the court can question the Board for any action done by it with good intentions (Economic Times, 13th Aug 2008) –this clause sounds almost out of  AFSPA !

It is necessary to seriously assess the role of India’s media in spreading communal poison and lies. This media carried pictures of broken trucks stranded on the highways, later this very same media propagated the Central Government’s position of ‘no economic blockade exists’ as the sole truth, without presenting its own investigation or explaining anew what it has itself maintained earlier.

On the day the people of Kashmir poured out onto the streets to attend the ‘janaza’ (funeral procession) of Hurriyat leader Sheikh Aziz and others killed in firing by armed forces and police, curfew was clamped on all 10 districts of Kashmir. Despite the killing of 15 people by police and army, fifty thousand reached the Idgah in Kashmir. However the next day the pictures carried by the major English dailies was of an armed policeman being stoned by some people, a photograph of this sort of repression the people of Kashmir are facing.

An article by Editor Vir Sanghvi in Hindustan Times on August clearly states that Kashmir be allowed to leave India because the Government of India has to sink crores of rupees in it and the people of that state ‘do not refuse to take these crores’ but still want to leave India.

In this, no issue has been raised of the democratic aspiration s of the people of Kashmir or the denial of  the rights promised to them. Vir Sanghvi also does not specify whether these crores are used to sustain army repression or are ‘sunk’ for people’s welfare. Why is there no electricity in every village in Kashmir, why are there no jobs other than in police for the youth, why is there inadequate provision for education, especially for higher education? Vir Sanghvi further writes that after the cessation of crores of rupees from India, Kashmir will not be able to survive for ‘even 15 minutes’. It would have been better if Sanghvi had clearly informed readers whether or not Kashmir earns anything for India through tourism, through export of fruits and saffron grown here etc? He is only interested in making Dogra King Gulab Singh seem a fool for buying a white elephant from the colonialists for 75 lakh rupees!

In a similar vein a columnist argued in Hindustan Times (18th Aug) that if Banihal was blockaded why did the traders not opt for a route through Manali? Do the people of the area not have the right to expect that the government of India will ensure lifting of the blockade? Will the ruling classes of India- themselves great worshippers of liberalization, members of WTO, implementers of globalization, votaries of ‘free trade’ –only shoot at Kashmiris asking for the right to  trade, if not via Jammu route, then at least to trade within entire Kashmir via Muzaffarabad.

Home Minister Shiv Raj Patil went to Kashmir, but as mentioned earlier, did not meet the traders’ representative delegation. After this rebuke, the Kashmir  Fruit Growers Association, Kashmir Chamber of Commerce and Industry, Traders Association and Hurriyat gave a call for Muzaffarabad Chalo for 11th Aug ’08.

On 11th Aug ’08, thousands of people from different parts of the valley assembled a Sopore (also known as the apple town) and with fruit laden trucks began a march to Uri. The slogan of ‘azadi’ was on the lips of all. The administration had set up several road blocks, stopped traffic in several areas, but over two and a half lakh people set off towards Barahmullah. Police and armed forces fired on the protestors in several parts of Kashmir, including Kamarwari in Srinagar, Baramullah, Sangarama etc. At least 250 people were injured to various degrees in the police firings. The police and army fired on the main procession going towards Baramullah at Chelan (16 km before Baramullah) in which senior Hurriyat leader Sheikh Abdul Aziz, who was leading the rally, was killed.  A total of five people were killed in the firings but the determined and unarmed people did not disperse but marched on till Chelan where the Hurriyat leader was shot at and killed (Chelan is the first gate of Uri which is close to the border).

On 12th Aug i.e. the next day, the entire valley (all 10 districts) was put under curfew for the first time in 13 years so that people could not emerge to participate in the funeral procession of Sheikh Aziz. Thousands violated the curfew, 15 people were killed in firing by armed forces in various parts of Kashmir and 200 were injured simply because they insisted on going to participate in the funeral march of their leader! Roads were closed or blocked by the administration. Among those shot dead by the armed forces was a journalist belonging to and reporting for a local television channel. Despite all this 50,000 people reached the Srinagar Idgah, pulled out the Hurriyat leaders from house arrest and took out a funeral procession under their leadership. On the night of 13th Aug ’08 in Safakadal area of Srinagar, people came out in the dead of night to protest against  CRPF forcibly entering their homes. In a similar manner, on 15th Aug, in the Habakadal area of Srinagar people protested demanding the removal of CRPF from their area. 21 people were injured by armed forces firing on these people. The episode on the 13 Aug was so reprehensible that the administration was forced to remove Mr. Jain IG of CRPF, out of the Valley and also cancel the proposal to accord him a distinction in the 15th Aug list of honors! With all this, the Valley also raised a slogan alongside those of Azadi of ‘is the blood of Kashmiri’s cheap?' The Amarnath Samiti raised the demand that ‘they’ should be allowed to leave if ‘they’ want to go. But many intellectuals in the country soberly commented that at least the Govt of India could not hold ISI of Pakistan responsible for the events.

On 15th Aug 2008, CRPF hoisted the tri colour at Srinagar’s Lal Chowk and then took it down themselves-the forces are well aware of the anger they have generated and the aspirations of the people. Later a gathering of 20000 put up green flags at the same spot. On 16th Aug over 5 lakh people gathered at Pampore for a meeting on the martyrdom of Sheikh Aziz. Interestingly here, following the talks between the administration and the Hurriyat, there were no armed forces and police present and the gathering was unarmed and totally peaceful. In the same way on 18th Aug 5 lakh people gathered at Srinagar to give a memorandum to the UN office there. As no army or police was there, there was no violence. Over a 1000 memoranda from various organizations were submitted. If the ruling classes of India still cannot hear the voice of the Kashmiris, it is because they choose to be deaf. The call for ‘azadi’   includes the sentiment that the whole of Kashmir should be united, but it is a rejection of India which is synonymous with repression and violence. The Valley remained decked in black and green flags through the days of the agitation.

Showing great ‘initiative’ the government of India sent an all Party Committee to J&K. In Jammu the Sangharsh Samiti demanded the removal of all ‘Kashmiris’ from the team (who are the separatists!?) and thus PDP, National Conference and some local leaders of the Congress were removed from it. This is astonishing, because members of these  parties have been PM/CM of  J&K! Equally important and not surprisingly, the parliamentary ‘Left’ parties CPI and CPM did not leave the team to protest this discrimination. It is also important that this all party team stated that the decision to annul the land transfer by the Azad government was wrong. According to some newspapers (Indian Express 13th Aug) the all party committee was one in saying that the High Court orders should be implemented! This committee did not proceed to the Valley.

In the Kashmir Valley the Governor called a separate all Party meet attended by electoral parties. In order to keep themselves relevant in the predominant sentiment in the Valley, the National Conference and the PDP – who ‘win’ elections with the support of the army’s guns – opposed the repression by the police, CRPF and army and demanded opening of the Muzaffarabad road. They demanded withdrawal of AFSPA and Disturbed Areas Act. These demands are all demands raised by a section of the Hurriyat earlier.

According to the laws of J&K no land of Kashmiris can be owned by  non Kashmiris. The Hindu communal opinion has long been that Sec 370 in which special rights of J&K are protected should be done away with all together. The logic is that since the Indian part of J&K has been with the country for a ‘long  time’ there is no more need for such provisions! Thus denying justice and honoring of commitment for a ‘long time’ does away with the right to that justice! Actually the issue of land is highly emotive and is linked to the issue of preserving the Kashmiri identity and of retaining the Kashmiri character of that .

An important issue in this context is the status of Kashmiri Pandits. Mr. Pradeep Magazine, himself a Kashmiri Pandit and a well known sports writer has labeled his people, ‘the most pampered refugees’ in an article in a leading newspaper. There is no known incident of the killing of any Kashmiri Pandit in the Valley by local people in the years preceding their leaving the valley, though a section of this community states they ‘were threatened’. The role of Jagmohan in arranging for their leaving the valley cannot be contested, and the real extent of his involvement has always been an issue of interest. The point is that the movement in the valley is known to have issued a list of the houses of the pundits and prohibited the local people from in any way entering, damaging or occupying the same. Many prominent members of that community have written that their empty homes have been occupied by security forces.

The rulers of India must be forced by democratize movements in India to institute charges against Mufti-Sinha-Azad trio for transfer of land against the laws of the State. When the government itself has no “objections” to trade on the Muzaffarabad route, it should the open the same from its side allowing the testing of its opinion that Pakistan and not India’s government is dilly-dallying over this.  It is also the responsibility of the government to bring to book those responsible for the criminal act of blockading the Banihal pass and/or instigating that it should be done.

The assemblies at Pampore and Srinagar have substantiated the charge of people of the valley that the armed forces and police are responsible for violence and indiscipline, not the masses. Thus all armed forces should be withdrawn from civilian areas in Kashmir, all black laws should be revoked and all democratic rights restored. The current situation in Kashmir is that an angry populace is out on the streets in massive numbers, is opposing widespread repression and demanding azadi. Youth in the age group of 15-30 years and women are said to constitute the overwhelming number of protestors. Both sections of Hurriyat, JKLF, etc. have come together in a joint struggle committee. In this there are many sections who want independence for the State and also those who want a relation with Pakistan. They all want freedom from India and unity of the two parts of the Valley. Demanding restoring of democratic rights, immediately stopping rule through military of the valley, the democratic forces of India should agitate for the democratic aspirations of the Kashmiris to be honoured including the right to self-determination of the people of J&K. This is the only position which is just and in accordance with historical truths.

Indian ruling classes and their apologists are extremely touchy about this central democratic demand. They use the phrase of ‘unity and integrity of India’ as something fixed in time and space, forever before and hereafter, and then they use it as a weapon to flay those who speak of the democratic aspirations of the people of Jammu and Kashmir as seditious. In a five-thousand year old civilization at what point and who fixes the cut-off point for “unity and integrity”? This sub-continent was anyway torn into two by the ruling classes of India and Pakistan under the patronage of British colonialists in 1947. Apart from this, India is a multinational country, and unity of people can only exist where there is equality of nations.