Asem Mohiuddin Gupkar Declaration
A year after the abrogation of article 370 and 35 A, by Union government, it was for the first time last week the local political parties including National Conference, Congress, and Peoples Democratic Party had a joint consultative meeting to discuss the future course of action. At the end of the meeting, the major political parties including Congress, PDP, and NC with some small political parties reiterated to stand by the Gupkar deceleration that was passed jointly by regional political parties of Kashmir on August 4, 2019, a day before the major decision by New Delhi.
As the regional political parties have decided to shun their differences and vowed to fight back for the restoration of Pre August 5, 2019 status in Jammu and Kashmir, they had few takers on the ground. The majority of the people have termed the decision as a political gimmick and believe the clock cannot be trickled back. Even the former Ambassador of Pakistan to India, Abdul Basit believes that for any political power in Delhi, turning back the clock to restore Pre August 5, 2019 position in Jammu and Kashmir is impossible. The Supreme Court of India where the National Conference with many other civil society groups have filed the petition to challenge the decision taken by Narender Modi government is not hearing the case on a regular basis. Largely, the Indian state seems much satisfied with what happened on August 5, last year. Pakistan which claims to be the stakeholder of Kashmir’s political problem even did little to attract the world’s attention. The prevailing political developments in the world have caused more hindrances for Pakistan in seeking global attention over Kashmir with its traditional alleys like Saudi Arabia and others distancing form the issue. So how does the Kashmir’s political mainstream going to turn the clock back? And is it possible with regard to the Gupkar declaration? It warrants a detailed deliberation.
Gupkar Deceleration
The declaration reads: “We are committed to strive for the restoration of Articles 370 and 35A, the Constitution of J&K and the restoration of the State and any division of the State is unacceptable to us. We unanimously reiterate that there can be ‘nothing about us without us’, a joint resolution moved by Dr Farooq Abdullah (JKNC, Mehbooba Mufti (JKPDP), GA Mir (JKPCC), M Y Tarigami of CPI (M), Sajad Gani Lone (JKPC) and Muzaffar Shah (JKANC) reads.
The statement later issued by the National Conference further reads that unfortunate events of 5th August 2019 have unrecognizably changed the relationship between J&K and New Delhi. In a spitefully shortsighted and unconstitutional move, Articles 370 and 35A were abrogated and the State was bifurcated and relegated to the status of two Union Territories and its Constitution tried to be made unenforceable.
The series of measures undertaken on 5th August 2019 were grossly unconstitutional and in reality measures of disempowerment and a challenge to the basic identity of the people of J&K. The measures attempt to redefine who we are. These changes were accompanied by repressive measures meant to silence people and coerce them into submission, and continue unabated.
Declaration sans vision for action
Even though all the major political parties in Kashmir are showing their deep commitment to restoring the Pre August 5, 2019 status of erstwhile Jammu and Kashmir State, however, the deceleration doesn’t talk of any roadmap ahead. The joint consultation programme ended up only after parties reaffirming with their resolve to get everything back whatever was withdrawn on August 5.
The BJP led government in Delhi abrogated Article 370 unilaterally in Parliament but prior to the decision, it worked on multipronged strategies to pave the way for its revocation.
It build a narrative in the country for its abrogation, moved to the court, and its brigade of intellectuals through seminars, social media, and traditional media created a strong wave in BJP’s favour. On the opposite side, National Conference and PDP along with other political leaders could do nothing except paved the way for BJP. Before August 5, the local politicians would often claim that relation of the erstwhile state of Jammu and Kashmir would end up once the Article 370 and 35 are abrogated. But down the line of one year with everything including Article 35A, Provisions of Article 370, Statehood, State flag, and its separate Constitution is gone; the erstwhile state still rests with Union of India. One could ask these parties as to what extent they had studied the case when it was fought in the Supreme Court and on what grounds the statement was made. A political gimmick or what?
National Conference, a local political dispensation which is not only the primary witness of Kashmir’s troubled history but also its part still believes in rhetoric. It’s Member of Parliament and former High Court Justice, Hasnain Masoodi failed to defend the case in Parliament and his argument could barely stand or counter the claims laid down by Union Home Minster Amit Shah when the bill was tabled in Parliament for discussion. The party vice president and former chief minister Omar Abdullah made it clear that they will not do the street politics for the restoration of Article 370 and statehood. So what actually is the way forward is yet to be known by the people of Kashmir.
Technically speaking the Article 370 is intact in the Indian constitution and the constitution of India was extended to Jammu and Kashmir through the same Article. In other words, this time the Article faced a major onslaught by BJP unlike in the past when Congress made around 40 amendments to this special article to extend central laws to the erstwhile state. With Jammu and Kashmir witnessing a steep and gradual political and constitutional disempowerment that began with an implementation of Delhi agreement by Sheikh Mohammad Abdullah, the only rights that Article was protecting for common people were lands and jobs. That too has gone now and the regional political parties seem to have no idea to fight for its restoration.
PDP, another major political dispensation that ruled the state twice since its inception in 1996 did not even file a petition in Supreme Court against the decision of August 5. It has refused to revive its political strategy and continue to believe in street politics and overcharge people emotionally. PDP is unable to emerge as a strong ideological force and develop the party as an institution despite having many fertile brains at its disposal. Its bonhomie given to two different ideologies of NC and PDP is unalike to live long. Collectively, all the mainstream political parties in Kashmir are facing isolation on the ground with people unwilling to join or buy the dreams they are showing them. With the major changes on ground post-August 5 last year, the regional mainstream camp is facing an existential threat. It is time for them to redraw their strategies, just keep the hallow slogans for the electioneering and build the fresh roadmap if not for the people at least for their own survival.
