THE RIGHT TO SECEDE

The American Declaration of Independence, written in 1776, is literally a document describing the necessary conditions, which give people, the right to secede.

“When in the Course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation”.

Many a commentator on the situation in Kashmir has, in subtle ways, alluded to the similarities in the two cases.

“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness”….…….But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security”………….

The lockdown of Kashmir, following the abrogation of Article 370, seems to qualify as restraining ‘life, liberty and the pursuit of happiness’. In addition, the change of status of Kashmir from a semi-autonomous state to that of a union territory, under total control of the Indian state, seems to qualify to be an ‘usurpation, pursuing invariably the same Object… a design to reduce them under absolute Despotism’

The history of Kashmir, replete with instances of the Indian state dissolving the representative houses and ruling by proxy, finds an echo in the next few sentences.

 “The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.”

………….”He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people.

He has refused for a long time, after such dissolutions, to cause others to be elected,”……..

“He has erected a multitude of New Offices, and sent hither swarms of Officers to harass our people and eat out their substance”………

Since 1990 Kashmir is under the Armed Forces Special Powers Act, giving the power to the Indian Army to maintain public order in ‘disturbed areas’, to prohibit a gathering of 5 or more persons in the area, use force, or even open fire, after giving due warning, if they feel a person is in contravention of the law. If reasonable suspicion exists, the army can also arrest a person without a warrant, enabling them to hold prisoners without trial for as many as two years, enter or search a premises without a warrant, and ban the possession of firearms. Indian armed forces have been accused of ‘assault on civilians during search operations, torture and summary execution of detainees in custody…. Rape was regularly used as a means to ‘punish and humiliate’ communities. (‘Rape in Kashmir: A Crime of War’ Human Rights Watch. 1993). In 2010 statistics presented to the Indian Government’s Cabinet Committee On Security showed that for the first time the number of civilian deaths attributed to Indian forces was higher than those attributed to the insurgents (‘for the first time, security forces kill more civilians than terrorists in J&K’ Times of India 7 sep 2010). Amnesty international in its report in 2015, titled “Denied” – Failures in Accountability in Jammu & Kashmir, says,” ….with respect to investigations, an inquiry that is conducted by the same authority accused of the crime raises the serious questions about the independence and impartiality of those proceedings”

……..”He has affected to render the Military independent of and superior to the Civil Power.

He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation:

For quartering large bodies of armed troops among us:

For protecting them, by a mock Trial from punishment for any Murders which they should commit on the Inhabitants of these States”………….

The abrogation of Article 370 nullified Article 35 A of the constitution, which had given Kashmiris the right to have a separate constitution, flag, citizenship and many other special rights. All such rights and laws now stand scrapped.

……… “For taking away our Charters, abolishing our most valuable Laws and altering fundamentally the Forms of our Governments:

For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever”…………

Before the current Impasse, the Indian state brought in tens of thousands of paramilitary forces to enforce the lockdown.

………..”He is at this time transporting large Armies of foreign Mercenaries to complete the works of death, desolation, and tyranny, already begun with circumstances of Cruelty & Perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation”……..

The revoking of the articles lets New Delhi have far more control over J & K, and outsiders will be allowed to buy property there. That has sparked fears of ‘ethnic cleansing’ that Hindus will flock the region to push out Muslims once and for all (Narendra Modi tells India that ‘a new era has begun’ after Kashmir power grab – VOX Aug 9, 2019)

“A Prince, whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.

We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these united Colonies are, and of Right ought to be Free and Independent States, that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do”………

A cursory knowledge of the narrative of Kashmir seems to fit most of these conditions, thereby giving the Kashmiris the Right to Secede from India. A deeper study of the situation, however, reveals something radically different.

ISLAMIC RADICALISATION & HINDU GENOCIDE

The insurgency in Kashmir began with the formation of numerous Islamist groups in early 1990 who emerged advocating Nizam – E – Mustafa (Rule of Muhammad) as the objective of the struggle. Militant groups like the Hizbul Mujahideen and Jamaat – e – Islami asserted that the struggle will continue till the Islamic Caliphate is achieved in Kashmir. (Chitkara, M.G. (2003). Kashmir: LoC. APH Publishing. p. 123 ISBN 9788176484411). Murder of Kashmiri Hindus, Intellectuals, Liberals and activists were described as necessary to get rid of unIslamic elements. Concurrently all cinema houses, beauty parlors, wine shops, bars, video centers, use of cosmetics and similar things were banned by the militant groups. Many militant organizations like Al Bakr, Peoples league, Wahadat – e – Islam, and Allah Tigers imposed restrictions like banning cigarettes, restrictions on girls etc. (Benkin, Richard L. (12 april 2017). What is Moderate Islam? Lexington books. p. 47. ISBN 9781498537421). Apart from the militants, Kashmir was witnessing Islamisation during the 1980’s when the Abdullah Government changed the names of about 2500 villages from their native Kashmiri names to new Islamic ones. Additionally, he referred to Kashmiri Hindus as “mukhbir” or informers of the Indian Government (“Kashmir Conflict – A Study of What Led to the Insurgency In the Kashmir Valley – Pobierz pdf z Docer.pl). The success of the Afghan Jihad against the Soviets became a source of inspiration for large numbers of Kashmiri Youth (Warikoo, K., ed. (2010). Religion and Security In South and Central Asia Routledge. p. 77. ISBN 9781136890192).

A spate of Assassinations of Hindu leaders followed. On 14 sep 1989 Tika Lal Taploo, a lawyer and BJP leader was murdered by the JKLF in his home in Srinagar. On 4 nov 1989 Justice Nilkanth Ganjoo, a high court judge in Kashmir was murdered close to the court in broad day light. On 13 feb 1990, Lassa Kaul, station director of Srinagar TV broadcast station was shot dead. On 14 april 1990 Sarwanand Kaul Premi, 80 year old Kashmir poet, and his son were kidnapped, tortured, their eyes gouged out and hanged to death. Many Kashmiri Hindu women were kidnapped, raped and murdered throughout the exodus (The Human Rights Crisis in Kashmir: A pattern of impunity. Human Rights Watch. 1993. p. 189 ISBN 9781564321046) in all about 300 prominent Hindus were slaughtered in the months around the D’ Day – 19 jan 1990, when the exodus began. Throughout the day JKLF & HM terrorists used public address systems in mosques to exhort people to take to the streets. Masked men, firing from their Kalashnikovs, marching up and down, terrorizing cowering Hindus who, by then had locked themselves in their homes.  Three taped slogans played throughout the night from mosques ‘kashmir mei agar rehna hai, Allah – O – Akbar kehna hai’ (if you want to stay in Kashmir you have to say Allah – O – Akbar). ‘yahan kya chalega, Nizam – e – Mustafa’ (the writ of the Shariah runs here). ‘Asi gachchi Pakistan, Batao roas te Batanev san’ (We want Pakistan along with Hindu Women without their Men). (“19/01/90: When Kashmiri Pandits fled Islamist terror” Rediff. 19 jan 2005.) Panun Kashmir, a political group representing the refugees, has published a list of 1341 Hindus killed post 1990. (“The Exodus of Kashmiri Pandits” European Foundation for South Asian Studies. July 2017). Of the approximately 300,000 to 600,000 Hindus living in the Kashmir valley in 1990 only about 2,000 – 3,000 remain there in 2016 (“Kashmir: Outrage over settlements for displaced Hindus” BBC News 15 june 2015). After the exodus, the Islamists targeted the properties of the Hindus (Indian Defense Review: volume 8. Lancer International. 1994. p. 32). In 2009 Oregon Legislative Assembly passed a resolution to recognize 14 sep 2007, as Martyrs Day to acknowledge ethnic cleansing and campaigns of terror inflicted on non – Muslim minorities of Jammu & Kashmir by militants seeking to establish an Islamic State. (“Senate Joint Resolution 23 – 75^th OREGON LEGISLATIVE ASSEMBLY – 2009 Regular Session”)

It is in this background that the Armed Forces (Jammu & Kashmir) Special Powers Act, 1990 was enacted on September 1990.

THE MORAL EQUIVALANCE OF THE CIVIL WAR

Within a century of its creation the United States faced its first existential crisis. On the one side were people who believed that the institution of slavery was inseparable from their way of life, which they would protect with all their might and on the other were people who felt that it was the greatest sin and had to be atoned for. Many ‘pacifists’ to this day believe that the war should have been avoided by making some compromise. The most recent of them being Gen. Kelly ( ‘John Kelly pins Civil War on a ‘Lack of Ability to Compromise’ New York Times Oct – 31, 2017). But Lincoln was made of sterner stuff. Three years into the war, on his second inaugural He thundered “…..yet if GOD wills that it continue until all the wealth piled by the bondsman’s two hundred and fifty years of unrequited toil shall be sunk and until every drop of blood drawn with the lash shall be paid by another drawn with the sword as was said three thousand years ago so still it must be said ‘the judgements of the Lord are true and righteous altogether’….” It led to close to a million deaths, presumably innocent people on both sides. People fighting on the side of their states, their personal opinions notwithstanding.

What Lincoln proved beyond any reasonable doubt, for ages to come, was that ‘the right to self-determination was no holy cow’. It was far more essential that the cause for cessation should not be the establishment of evil. And if it is evil then even the loss of a million innocent souls is not too great a price to pay for.

The Indian experiment as a living and thriving democracy, despite all its failings, must be commended as nothing short of a miracle. The myriad diversities and the inordinate efforts it takes to bring about a semblance of order would not be possible but for its all-embracing civilizational ethos. In sharp contrast is Pakistan, which has disowned that ethos in favor of an intolerant Wahhabi version of Islam. The denouement is an all-pervasive Punjabi Military Hegemony masquerading as a democracy, the chief produce for export being hordes of radicalized barbarians, whose goal is to freeze the world back into the medieval ages. Kashmir is no exception.

AUTONOMY – THE PANDORA’S BOX

Let us for the moment assume that the Indian State loses its appetite to fight this war of attrition. Kashmir takes up, per capita, ten times the resources consumed by other states, (‘Kashmir receives 10% of all Central funds for 1% of population, The Hindu 24 July 2016) and that does not include the cost of fighting the insurgency. Conservative estimates of the loss of human life in the insurgency stand at about 50,000 (CNN World, Kashmir Fast Facts, 22 Aug, 2019).

Indian Army withdraws from Kashmir, making it an independent/autonomous state. Nizam – e – Mustafa (the rule of Sharia) is established in the valley. Massive numbers of terrorists, grasping the opportunity leave Pakistan (‘Pakistan still has 30,000 – 40,000 militants, admits Imran Khan’ ANI 24 July 2019)for the greener pastures of Kashmir ( unemployed due to US withdrawal from and the Taliban taking over Afghanistan) making it the new Islamic State.

The extermination of the Islamic State in Iraq was feasible because of favorable geography and demography (Wahhabi Sunnis not a majority in the area). The same was much harder in the case of the Taliban due to unfavorable geography, and neutral demography, forcing a compromise. Fighting terrorists in an autonomous Kashmir would be a total nightmare, on a topography consisting of the highest mountain peaks in the world and a rabidly radicalized demography, with covert help from a nuclear-armed Pakistan. Kashmir would become the de facto capital of the Islamic Caliphate for all time to come.

The withdrawal of Soviet forces from Afghanistan gave rise to a wave of Islamic Radicalization culminating in the attack of 9/11. The premature withdrawal of the coalition forces from the Iraq war led to the emergence of the Islamic State, which still inspires barbaric terrorist attacks around the world. The withdrawal of Indian Forces from Kashmir will create a monster, the likes of which, the modern world is yet to experience.

QUO VADIS?

Peter, escaping persecution, met the resurrected Christ and asked him where HE was going (Quo Vadis?). The Lord replied that HE was going back to be crucified all over again. Peter got the message and promptly returned to his persecutors who crucified him upside down. The civilized world cannot abdicate from its responsibility of fighting and exterminating evil. Those who dare to walk the path of Christ must be willing to carry their own Crosses. For all its failings, the Indian Army & State is still the best bet to fight the terrorist menace in that part of the world. Tens of countries that are fighting the scourge have probably worse records.

Democracy and Civilization are fragile achievements of Humankind. Myopic Progressivism could prove to be the last straw on the camel’s back.