An Analysis on the Insurgency of Radical Extremism in Kashmir and its Probable Solution

Kashmir, the paradise on earth is bleeding today. Since, the time of independence, back in 1947 the rivalry of Nehru and Jinnah has costed India to pay a heavy price and the prime sufferers had been the common Kashmiris who were left amidst a political gimmick and in a state of dilemma in respect to its acquisition between  India or the newly formed state of Pakistan. Though India managed to retain the most part of Kashmir but it could not restrict from a portion getting departed from her which led to the emergence of Pakistan occupied Kashmir. After partition Article 370 was awarded to the state of Jammu and Kashmir primarily with the vision of Gopalaswamy Ayyangar (Ex-Prime Minister of J&K). The segregation started with this, as by this provision Jammu and Kashmir was neither governed under the Constitution of India nor ruled by the Hon’ble Supreme Court of India. Jammu and Kashmir was entitled to have its own Constitution and adjudicated by its own High Court. Subsequently, Jammu and Kashmir was also taken out under the purview of Indian Penal Code, 1860 and replaced by Ranbir Penal Code, which is criticized and argued to be faulty in many respect by legal pioneers.

The insurgency primarily erupted in late 1980’s and early 1990’s, when the Kashmiri Pandits who were slaughtered and compelled to leave Kashmir which again is alleged to be sponsored by Pakistan acting as a non-state actor and gave to rise to militancy in Kashmir. There were several separatist groups by that time which had formed and leaders of such group started revolting for a ‘Free Kashmir’ or ‘Azad Kashmir’. Youth who are volatile as well as vulnerable were targeted and made a party to be engaged in extremist groups to free Kashmir from India backed by the Hurriyat which aims at self-determination by liberating Kashmir from India.

The government had little option but to send military power to bring situation into normalcy. However, things proved out to be fatal and disastrous with such move, as the Kashmiris had such a rebellious spirit that they defied in every possible means against such armed forces. The army too had abused its power which resulted increasing the insurgency by raping Kashmiri women and arresting innocent Kashmiri youths at gunpoint, portraying them as militants and torturing them in concentration camps till when some of them either died in custody or committed suicide by the shock and trauma they had to undergo. This can conclude that Armed Forces Special Power Act, 1990 which exercised military supremacy in state has been extensively abused.

Pakistan which has been an ardent enemy to India added fuel to fire by extending all possible support to extremist and separatist groups to keep alive the Kashmir issue. The separatist leaders minted their treasury under the veil of patriotism and religious pretension terming the same as ‘Jihad’ or Religious was with Inter-State-Intelligence of Pakistan aiding to such rebellion activities. Today, Kashmir has become an international issue and has transformed from being a political issue into a shameful business which involves the west primarily USA with Pakistan playing the catalyst to cause infiltration of their own trained militants into the Indian territory to create terror in J&K along with ensuring constant insurgency in the valley. Under the pretext of religious extremism or ‘jihad’ thousands of unaccounted dollars are infiltrated for arms and ammunition and supplied to extremist groups to keep flame burning in Kashmir which engages India to address Kashmir and hinder it from global development, as part of their post 9/11 political pluralistic approach by USA.

Plebiscite has not been excercised in J&K after February 20, 1948 held in Junadgarh though is believed to be the only medium where people can opine their democratic views under the current scenario. The government has purposively overlooked plebiscite with an apprehension of a nepotist viewpoint from the people of J&K of choosing Pakistan over India being a muslim infested state. However, presumptions and prejudice cannot be a decising factor to such a burning issue.

Non-State Actors play a pivotal role in the Kashmir insurgency as several islamic fundamentalist are working to promote terrorism in Kashmir by sending militants who are infiltrating the LOC constantly belonging from terrorist groups such as Lashkar-e-Tayyaba, Jaish-e-Muhammad, Indian Mujahiddin and others with tenets of jihadi warfare and being non-state actors they cannot be hold accountable for their actions.

India on January 01, 1948 took assistance of the United Nations Charter and under Article 35 of the same, it approached the Security Council of the UN to seek assistance on the Kashmir insurgency and took plea of refraining Pakistan from creating terror in the valley to which Resolution 39 was adopted by Security Council to address the Kashmir issue.

However, probable solutions which can revive the stability in Kashmir are, reforming diplomatic relation between India and Pakistan by taking serious stand over ceasefire violations, eliminating disturbance across the Line of Control, initiating a free trade belt benefiting both parts of Kashmir in India and Pakistan, rural areas across Kashmir should make agriculture a vibrant part of the economy, privatization can be a method to generate employment and opportunities for the youth. These measures can bring peace and tranquility in Kashmir and restore the serenity it deserves till eternity.