Naya Jammu and Kashmir

Excelsior\Shakeel

Ranbir Singh Pathania
Naya Jammu and Kashmir is new #hashtag on X-post of Narendra Modi, post announcement of final verdict by the Supreme Court in a bunch of petitions challenging ‘de-fanging’ of Article-370 in J&K.
A chapter of darkness, duplicity, demagogy, deception comes to an end. And a new sun rises on the horizon of J & K.
Politicians from Kashmir seem to have set Jehlum on fire. Nonetheless, lest the sky falls nobody shall catch larks.
Though, of late, red cherries and white tulips have begun to blossom in Kashmir. Wolf-cries about ‘change of demography’ ‘threat to secular character of the state’ seem to have struck least chord with the people of Kashmir.
Given the unique geopolitical position, history of conflict, religious composition of J & K, even smaller events create ripples across South Asia.
Pakistan has raised a red herring citing resolution of UN Security Council dated 21st of April, 1948.
Necessary to clarify here. The resolution appointed a five member commission to go to the territory of J&K, appoint observers and conduct a plebiscite over there.
On 9th December 1949, Commission itself had declared its failure to move ahead in view of non-cooperation by Pakistan to demilitarize PoJK, which was a sine qua non for start of work by Commission. Nonetheless, UN diplomats, Joseph Caghtbell and Waran Austin and Koff Annan, UN Secretary General, have termed resolutions as ‘recommendatory’ and not ‘directive’ in nature. Organization of Islamic countries (OIC) has also shot a half-baked, less-meaning statement. Nonetheless, prompt response of Indian foreign ministry, loaded with facts and figures, has almost set at rest the ‘storm in the tea-cup’.
Change is as natural as life.
Perpetuating status quo means allowing bias to flourish.
Improved security grid, greater investments, transparent selection processes, better employment avenues, tourism promotion opportunities, clean and digital transactions, accountable functioning of departments/agencies, faster work on developmental projects, post 5th August, 2019, are really a shot in the arm.
A slew of public-friendly legislations have been pushed inside – may it be in field of ‘consumer Protection’ ‘Gram Nyayalyas’, ‘Dowry Prohibition’, Free & compulsory education, better and fair land compensation, protecting whistleblowers, protecting wildlife and forests. And controversial and less effective laws – Resettlement Act, Transfer of Property Act, Sale of Goods Act, etc. – have been purged.
The people of J & K can now bask and breed under the new arrangement.
STs have got political reservation with nine seats in Vidhan Sabha and one in Lok Sabha. They have got a statutory ‘right to dwell’ in forests (Forest Rights Act). Employees have got better pay-bands and allowances and decent working conditions. Corrupt and deadwood could now be dealt with more appropriately.
J & K has been a blessed, embellished place under the sun where saints, seers, philosophers, mathematicians, historians, travellers across the globe flocked and bee-lined and ultimately achieved ‘Sankalp se Sidhi”.
Sufis, rishis and other devoted worshipers of God professing Shaivism, Buddhism and Islam, at various points of time, were central towards cultural and spiritual milieu of Kashmir.
Abhinava Gupta’s (10th & 11th century) masterful exposition of Shaivisim, Lalleshwari’s (early 1300) teachings about Shaivsm and daily life, Yoga, etc, Utpaladeva’s (Middle of 900 AD) philosophical exposition of Shaivism known as Trika system, Devi Rupa Bhawani’s (14th century unique attempt to combine the essence of both Kashmiri Shaivism and Islamic Sufism, immortal contributions of Bhagwan Gopinath called as Aghoreshwar and jivanmukta by his contemporaries, Syed Bulbul Shah’s (13th century) synthesis of Hinduism, Islam and Mir Sayyed Ali Hamadani’s teachings based on the principles of Tawheed (oneness of God), Taqwa, Ikhlas’ (purity) and Unity, transcend a universal message of truth, peace, brotherhood and the very essence of human life.
It is here that Anandpal Tomar ( ruler who founded Delhi as capital of India) sent his brother Rana Jethpal (11th century) to built a kingdom around J&K with forts all around and create a buffer for foreign invaders before they come over to north India. The ancestors of this columnist also volunteered for the ‘fighter’ role and came herein over around that period.
‘Bones and blood of my forefathers still lie splattered in the hills of Gilgit, Baltistan, Skardu and Tibet”. I remember the last words of my grandfather, Lt Sh. Jagdev Singh Pathania, a decorated police officer who was posted as S.H.O. Pimber (now in PoJK) when last orders came for evacuating the territory came.
It is the place wherefrom the phenomenal king, Samrat Lalitaditya (7th century) built up a kingdom extending its boundaries upto Central Asia and China.
The brave conquests of General Zorawar Singh on the horizons of Gilgit Baltistan, Leh, Chushul, in middle of 18th century, still inspire generations.
All said and done, J & K stands at a critical juncture. So does ‘we the people’ over here. It is really a defining moment in political history of J&K.
The new Legislative Assembly which is going to be constituted after Assembly elections would have to ride many a tiger. Those who are part of it shall have to lead from the front, creating an inclusive, emancipative narrative and laying the foundation of ‘Naya Jammu and Kashmir’.
Let us see that spectres of past do not haunt us we need to build a new, inclusive, constructive, coherent J&K and political class despite different viewpoints and ideologies we need to be constructive, coherent and contributive.
The political parties, pressure groups, the ‘Janmanas’ and especially youth and women have a lead role to play.
May I reverberate quoting golden verses of Rabindranath Tagore, Nobel laureate:
“Where the mind is without fear and the head is held high;
Where knowledge is free;
Where the world has not been broken up into fragments by narrow domestic walls;
Where words come out from the depth of truth;
Where tireless striving stretches its arms toward perfection;
Where the clear stream of reason has not lost its way into the dreary desert sand of dead habit;
Where the mind is led forward by thee into ever-widening thought and action –
Into that heaven of freedom, my Father, let my country awake”.
(The columnist practices law at the J & K, High Court of Judicature)