The Supreme Court decision on the controversial abrogation of Article 370 vis-à-vis Jammu and Kashmir was along expected lines. Ever since the second Modi government did away with the Special Status for the troubled region on August 5, 2019, petitions against the landmark decisions were viewed with scepticism by the top court. The five-judge Constitution Bench that considered the arguments unanimously upheld the government orders and subsequent decisions, but directed the Centre to restore statehood for Jammu and Kashmir and hold elections there before September 30, 2024. The bench has also ratified the government decision to divide the state and turn Ladakh into a Union Territory.
Understandably, the opposition political parties as also rights activists in Jammu and Kashmir are miffed at the way the apex court looked at the contentious central issue. The separate recommendation from Justice Sanjay Kaul seeking impartial investigations into human rights abuses by both state and non-state actors since the start of militancy there in the 1980s is well-appreciated. Alongside, the setting up of a reconciliation panel on the lines of the South African Commission for Truth and Reconciliation has been proposed. While this should partly address the concerns of rights activists, its effectiveness is in serious doubt. The central and state governments have a poor reputation for ignoring recommendations of judicial commissions in relation to humanitarian and other issues. The tendency of such commissions is also to drag their terms for unacceptably long periods, at the end of which the issue at stake is forgotten and overtaken by other more serious issues. Also, the apex court bench, curiously, set the deadline for Jammu and Kashmir elections to September 30, thereby cautiously avoiding polls there along with the general elections in the first half of 2024. It would thus be incumbent on the next government to address this issue.
The fact on the ground is that the overall scenario in Jammu and Kashmir has vastly improved in terms of law and order since the abrogation of Article 370, followed by a phase of tough measures like detention of senior political figures there. Even after the curbs on public activities were lifted, these leaders could not stir up public opinion against the central government’s actions. The government, alongside, claims the process of development has hastened there, investments were pouring in and lakhs of jobs created for the youths. Overall, the positive vibes in Kashmir are testified by the larger numbers of tourists turning up and returning from there. This positivity also formed the underpinning for the SC nod for abrogation of Article 370. The process of healing the hearts and minds of the harried people of the Valley must be an imperative for the present government.
