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Selling Girls for Food: A New Rising Market in Afghanistan

Hamidullah Bamik

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Women in Afghanistan are the most deprived member of the community.In a patriarchal society like Afghanistan, women are not given equal opportunities as given to men. As men have absolute sovereignty and decision-making power in families and communities in Afghanistan, it seems that Afghanistanis the land of men.In such a heavily male dominated society, if you are born as a girl, you may experience the harshest punishment – selling you for the survival of the rest of family – simply because you are a girl.

As the economic challenges mount in Afghanistan, the problems thatAfghan girls and women encounterare also the on the rise. These problems range from forced marriage, child marriage and selling child girls for food and money – a new rising market in Afghanistan. According to the reports, recently a family in Kabul has sold one of their children, a daughter at 25,000 AFN. The family says that poverty has pushed them to sell their child. However, the problem of selling children in Afghanistan is not limited to just selling them. The reports from Afghanistan project that at the Malalai Maternity Hospital in Kabul, everyday around 60 children are born. Of these newborn babies, one or two of them are being abandoned by their families due to not being able to feed them.

Moreover, there have been frequent reports that in some northern provinces of Afghanistan, 2 to 3 girls are being sold on a daily basis. One of the most severe cases was in Takhar province, which was reported to have been attended by dozens of people to buy a 9-year-old girl. Similarly, in Herat, another province located in the west of Afghanistan, there are many displaced families who are living in Shadiya area of Herat province. These displaced families are suffering severely from poverty. For their survival, they are selling their daughters. For example, Firooza a migratory girl who lived with her father, mother and two brothers in the Shadiya area of Herat provincewas sold because of her father’s treatment fees. For her sale auction, Firooza’sfamily had set a rate of 150,000 AFN.

The UN Children’s Fund says that the children who are sold in Afghanistan are from one month to 16 years old. According to the UN Children’s Fund, over the past four months of the current year, 161 displaced children have been put on auction for selling, have been wedded, or have been sold in Herat and Badghis.The families argue that they are selling their daughters because of being debtors and poverty.

Poverty and struggling for food among the poor families in Afghanistan is intensifying another important dilemma in the society – early childhood marriage. Although this problem is common to both boys and girls, it is more acute regarding girls’ child marriage. Traditional Afghan families believe that it is better for the girl to get married sooner rather than later. They think that the more girls marry in their early ages, the more they will be secure. It is believed that when girlsare getting married, they become safe. The reports from the Afghanistan Independent Human Rights Commission demonstrate that such marriages have devastating consequences and often lead to divorces and varioustypes of family violence.

In 1994, Afghanistan joined the United Nations Convention on the Rights of the Child. It is a human rights treaty which sets out the civil, political, economic, social, health and cultural rights of children. Subsequently, the Afghan government in 2017 drafted a law to protect the rights of children in Afghanistan. In this law, the basic rights of the child, the rehabilitation of children with disabilities, social care, education, cultural development, child labor care, child support against economic exploitation, child abuse, child trafficking, prostitution, and sexual exploitation have been discussed. The Child Protection Law is organized in 16 chapters and 108 articles, in which the responsibilities of the parents and the government against the children are also identified.

In 2017, when the Ministry of Justice sent the Child Protection Law to parliament, it was rejected. For the second time, third time and even fourth time, it was rejected and has notbeen passed yet by the parliament. Most members of the House of Representatives don’t have a unanimous consensus on the age of the child. Some representatives consider the age of the child to be under the age of 18, while some other representatives say that if a child has signs of puberty but under the age of 18, she/he is not considered to be a child. Hence, this controversy over the age of child led to the disapproval of the Child Protection Law in Afghanistan.

Recommendations for Policy Implications

To fight against selling children in Afghanistan, first, the Afghan government should eliminate the rampant negative attitudes of families towards a girl child, since they are mainly being sold rather than a boy child. The government of Afghanistan and other national and international related organizations should launch public awareness campaigns in this regard. Media, audio and video presses and other social informant channels can help the governments and related organizations in this respect.

Second, as currently there is no any law to prohibit the sale of children in Afghanistan, the government just has relied on condemning this action and says that selling children is a crime but did not act practically against it yet. Thus, the government of Afghanistan should convince the parliament toapprove the Child Protection Law because the approval of this law can enable and authorize the responsible entities to act promptly against the child sale.

Third, when it comes to the challenge of selling children by parents for food and money, legislation alone cannot solve this social tragedy. Therefore,the Afghan government should look intoother ways for creating employment for the citizenry so that families can have access to their basic rights – the availability of food on their table that they should not be obliged to sell their children. As a recent survey by the Central Statistical Bureau of Afghanistan, conducted in 2016 and 2017 indicates that more than 54 percent of Afghans are under the poverty line. In thissurvey,the living conditions in Afghanistan, the level of poverty, the food security of citizens, employment rates and migrations from villages to cities have been analyzed.

Studies project that to address the poverty reduction, successful countries have swiftly achieved economic and social advancements by setting the principles and good practices for implementing their corporate policies within the framework of a comprehensive development strategy as following: First, these countries simultaneously consider social and economic rights, not merely the economic growth, but rather the social development or the improvement of the quality of life of the people. Second, these countries have paid more attention to the poorest citizens in order to ensure fairness. They have tried to provide the basic social services,particularly to the poorest and impoverished communities so that they could have tackled the economic inequality in the society.

Last but not least, creating suitable opportunities for female participation in the job market so that they can work shoulder by shoulder with men to uplift the financial burdens of the families. Currently, in Afghanistan, men are the main breadwinners of families, and women are mostly housewives. Either they are not allowed by their husbands to work outside or there is not any opportunity for them in the job market.Moreover, women’s participation in the job market does not only help families financially but also it will help the males of the families not to treat girls as a native and incapable person, and inferior in the society. When they are given the opportunities, they can play role in social, political, economic and other spheres of the society as successfully as men. All the above factors will ultimately institutionalize this notion among the people that selling girls for food and money cannot solve the problems, on the contrary, it can destroy of the fabric of the families, and paralyze the human capital of the society in the long run.

Hamidullah Bamik is a Fulbright Scholar, education policy analyst, and a social development researcher. His research focus is on girl’s education and women empowerment, gender equality, good governance, and socio-economic development in South Asia but particularly Afghanistan. He has worked with World Bank Capacity Building Projectsat Supreme Audit Office of Afghanistan from 2013 to 2018 as a capacity building consultant. Currently, he is working as a social development researcher at Asia Culture House, a non-profit cultural and art organization based in Kabul, Afghanistan. Additionally, he is a frequent contributor on sociopolitical, socioeconomic, and social developmentissuesto Outlook and Etilaatroz, the two leading Newspapers in Afghanistan, and Modern Diplomacy, a leading European opinion-maker with far-reaching influence across the Middle East, Africa, and Asia.

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Pakistan’s War with COVID-19: A Victory for Now

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From rethinking health care systems to the redefining of global movement and migration, the coronavirus has undoubtedly changed the world – Pakistan being no exception. However, Pakistan, one of the highest populated countries in the world and a developing nation, somehow weathered the storm far better than most countries in the world – leaving many international experts and doctors questioning how.

A state of panic and chaos gripped Pakistan when the first two cases of the novel coronavirus were registered near the Iranian border, back in February of 2020. With flimsy healthcare infrastructure, insufficient public awareness and overcrowded urban spaces succumbing to grisly sanitation system, Pakistan was globally perceived to be a misfit for this kind of war, and also thought to be amongst the brutally hit ones. The notable trust deficit between the government and public, and the ignorance of both could make matters even worse.

The concept of social distancing, not new to the modern world, was alien to a mighty chunk of the masses. Pakistan, one of the only two countries still battling polio, was forecasted by prominent experts to fall deep into a quagmire, if timely actions were not taken. During May the cases began rising and in June, they peaked – hospitals were put on high alert and fear enveloped the populace. Pakistan’s already frail economy also struggled due to the coronavirus – specifically due to the nationwide lockdown that began in March 2020.However, soon after the country hit its peak, the plans finally started to kick off well; active cases began dropping by the end of June. Miraculously, Pakistan has accelerated its recovery rate to 96% in a matter of 6 months, which is surprising, given the current economic and demographic situation of the country.

Out of the 307,000+ active cases registered, more than 6,400 infected have fell victim to this disease so far, according to the Government of Pakistan. Pakistan’s surprising comeback from the pandemic has prompted World Health Organization (WHO) to declare Pakistan as an influential player in the fight against Covid-19.But how was Pakistan able to avert this public health crisis with a handful of resources and poor health infrastructure?

Source: Wikipedia

Graphical Analysis: The trend shows that the country witnessed the peak of the epidemic by mid-June as a result of direct or indirect violations of SOPs by the general public, especially during the Islamic month of Ramadan and Eid ul Fitr. However, the country observed a decline in daily cases by the end of June.

CLOSED CASES*(Recovered/Discharged +Deaths)298,719
Recovered/Discharged292,303 (98%)
Deaths6,416 (2%)

*As of 21st September                         Source: Worldometer

Lockdown Policy

Amidst the national outcry for straining financial capacity, Pakistan’s healthcare infrastructure stood tall like a “Jenga” tower, with the government’s sensitive decision-making on one hand against the public’s negligence. The opposition politically capitalized on the public’s doubt about the government’s capability in dealing with a catastrophe of this scale initially, given the past experiences in dealing with natural disasters, like floods and earthquakes. Under such pressure and insecurity, PM Khan came up with a different solution.

After imposing a complete lockdown in March, a popular containment strategy, Pakistan pursued partial lockdown by closing down vicinities. The ruling party in consensus with other major elements also decided to keep crucial sectors of the economy, the livelihood of millions of wagers, open for economic activity. The government’s take on the countrywide lockdown seemed like a catalyst for an economic, social and political collapse, especially for a developing country like Pakistan.

Despite so many fingers raised at the government’s approach, PM Khan staunchly defended his position by explaining how it could give birth to greater problems like unemployment and eventually push the country into mass starvation. Reports about recession and market crashes from the neighboring India further emboldened the government on its anticipated approach – the smart lockdown.

While many believe that the policy was successful in slowing the spread of the disease in the country, notable health experts believe that the lockdown policy has only saved the country from an economic crisis, and not the disease itself yet. They believe other factors, like demography, have a bigger role to play in the country’s defense so far.

Youthful Demography

The major factor to consider is the demographic structure of Pakistan. Pakistan stands in the list of the countries with the highest number of independent population (youth, adults) against its dependent population (children, old-aged). In other words, Pakistan is home to a large number of youth or working age population; the number of old-aged individuals is significantly less.

Although COVID-19 can fatally affect people of all ages, analysis of the global death figures from the virus in the developed countries in light of the data of median age from the developed countries taken from Global health observatory data (WHO), specifically Italy, UK, France, suggests that the virus has caused more deaths in countries with the average age above 40. According to the above mentioned source, average age in Pakistan is 22; which means that the number of people with stronger physiological immunity is high, and the virus eventually dies down when the transmission occurs between large communities of young people. Thus, it can be said that the youth aspect of Pakistan’s demography might have a key role to play in the apparent success so far.

The Reporting Conspiracy

Pakistan’s testing capacity has also been subject to criticism, with claims that the health system is not sufficiently testing its population on a daily basis. Despite the Prime Minister’s sole credit to the government’s micro-lockdown policy, the data reveals an evident relationship between the decline in testing and reduction in new cases. The statistics released by Our World in Data indicate that Pakistan’s daily tests per thousand people, by July 16, was 0.1. The above source also shows that figure was estimated to be 0.13 back in June, the peak-month; the figures reveal a notable decline in overall testing from June to July.

Misreporting at the district level might have understated the official figures, but the notable thing is that even if we consider the fact that the country’s general testing has declined, it has still managed to show a positive rate less than 5%, according to Al Jazeera. According to the World Health Organization, any country with a positive rate less than 5% is in control of the disease outbreak.

Vulnerability to the Virus

By June, the disease spiraled out of control and started spreading at a very rapid pace. Due to religious gatherings in the month of Ramadan despite the lockdown restrictions, and the lifting of lockdown few weeks after Eid Ul Fitr, the country witnessed a boom in new cases. If we analyze the trend in the aforementioned graph, we can see that the number of cases almost tripled in a month. However, you can also see that after hitting a peak (6,825) in new cases, the rate of new infection steadily begin to decline over the next few days.

In an interview to Al-Jazeera, a health professional in Pakistan suggests that despite the highly contagious nature, the vulnerability to getting infected by the virus varies from individual to individual; a concept known as “population heterogeneity” in epidemiology.

Polio Response Force to the Rescue

With a big question mark on the healthcare’s capacity to accommodate sufficient ventilators for patients nearing respiratory breakdown, Pakistan defied all odds by deploying its polio eradication infrastructure to grapple the virus from spreading. The infrastructure, solely built to combat polio in rural and remote areas, has borne a great deal of innovation and research over the years due to immense pressure from the global health authorities to extirpate it.

Without the presence of a digital integrated health information system on a national level, Pakistan marched forward by integrating its polio eradication system with the COVID-19 monitoring system, an effort highlighted by the World Health Organization in a press conference. Highly trained health workers who were tasked to visit every door around the country for polio vaccination, were now directed to strategize exceptional practices that could effectively monitor, trace and contain the virus.

Even though the healthcare system does not have many epidemiologists in its infantry, Pakistan’s unique strategy has been able to considerably counter the virus than the countries widely accredited for their breakthroughs in the domain of disease control. Pakistan has received much deserved worldwide recognition in its unanticipated yet effective battle against the contagion.

The War Continues…

Pakistan might have pulled a narrow victory in what is considered as the first round of the pandemic, but the threat of the second wave still lurks around the corner. Health officials are continuously ringing bells for a potential disaster and advising the government to brace for it early on. They have also requested the government to pursue a total lockdown, if the country goes through a second wave, in the coming months as historical data suggests that second waves have usually taken a higher toll on the population as compared to the predecessor waves, like that of the Spanish influenza.

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Curfewed Night- Book Review

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Curfewed Night by Basharat Peer, Vintage by Random House India, 2009

Kashmir – A Paradise Lost?

In ‘Curfewed Night’, Basharat Peer, launches his core narrative, with the remark, that it was from a very early age that he had a “sense of the alienation and resentment that most Kashmiri Muslims felt and had against Indian rule” (p.11). It is from this vantage point that the reader is catapulted in to an evocative account of a Kashmir he knows (so intimately), in a style which seamlessly switches between nostalgic reminiscing and straightforward reportage. As he tells us, it was the absence of “books about the Kashmiri experience” (p.95) which invoked in him the desire to “write about the people and places that had haunted him for years” (p.96). Basharat spent his formative years under the watchful eyes of his grandfather enjoying the company of books introduced to him by his father. It was January 1990, when he was 13 years of age that his war of adolescence began and events were set in motion which were to change Kashmir forever.  

In this intensely personal account of Kashmir, Basharat, goes on to describe the transformation of Kashmir from a land of immense natural beauty, into one where “armoured cars and soldiers” (p.229) were now casting an ominous shadow on the once idyllic landscape. According to him, the night of January 20,1990 marked a watershed in the Kashmiri demand for freedom, from an oppressive central government. On that night the paramilitary  had come down heavily to crush what was seen to be an “incipient rebellion” (p.14) and the infamous Gawkadal Bridge massacre was to follow just a day later(Haq, 2019).  Starting with the consequent spurt in growth of home grown militancy under the aegis of the pro-independence JKLF, he in the course of the book then traces the changing complexion and complexity of militancy as it moved to one which endorsed a pro-Pakistan stand as advocated by Hizbul Mujahideen and later the Lashkar-e-Toiba and Jaish-e-Mohammed. As a concomitant we are exposed to his references to the growing presence of the Indian Armed Forces and the consequent, at times unspeakable atrocities.    

While still in school, Basharat Peer, could have said to have been lucky when he heeds the words of his grandfather, who tells him that “you don’t live long, in a war son”(p.28). This takes place when he aspires to join the militants in a moment of boyish hero worship, only to be thwarted in his attempt through active intervention by his family. The irony lies in the fact that in the same time frame, Tariq, his cousin meets a violent end after having embraced militancy. This inevitability of a violent end, in case of militancy, is later underlined by Basharat when he mentions that, “even Yusuf had not gotten out alive” (p.221). Yusuf was his childhood acquaintance who had various dalliances with the law, militancy and politics before being gunned down. It is indeed thought provoking and sad to find that the graves of those killed in the conflict were mostly those of the young, really young.

With this early brush with militancy, it is not long before, Basharat is sent away to study at the Aligarh Muslim University followed by enrolment at a university in Delhi. This leads him to a job as a reporter and a mellowing phase in his personal development when he discovers, the “various Indias that existed” (p. 69). All along visiting and keeping in touch with the valley it is a militant attack on his parents which unnerves him and prompts his return to the valley after having resigned from his job as a reporter. Wanting to write an intimate account of Kashmir, he now spends his time tracking down events and people with “militants and soldiers” becoming “ghost like presences”(p.206). This marks an extremely traumatic, tumultuous phase of intensely felt emotions, just as we are witness to the paralytic pain that engulfs him in his failed attempt to visit Kunanposhpora where twenty women were raped by armed forces.  

There is also a sense of the tragic especially in the latter half of the narrative, when Basharat poignantly reminds us (repeatedly)of the tremendous human cost brought upon his beloved valley which gradually became a conflict zone before his very own eyes. Whether it is the reference to the ‘Association of the Parents of the Disappeared’ (p.132) or his schoolmate Mubashir’s falling victim to a grenade attack as an innocent bystander, the pain is searing. Even his own grandfather’s brother Nabi suffers from “fear and paranoia” (p.77) after his brush with militants and is resigned to taking anti-depressants in order to cope with the trauma. This psychological distress does not take sides and even an army officer is quoted to say, “I was a different man before I joined the force and came to Kashmir” (p.232). It is no wonder that Basharat writes sub consciously or otherwise about the “violence of a shoe brush” and his aeroplane is seen to execute a “violent sprint on the runway” (p. 235).  

All said and done, whatever one’s political orientation, ‘Curfewed Night’, is undeniably a rich tapestry of reportage, personal experiences, reminiscences while at the same time it works as a social commentary on the Kashmir of our times. Basharat Peer does not always shy away from the unpleasant, though his narrative does shy away from digging deeper in to some uncomfortable truths like the forced migration of 100,000 or more Kashmiri Pandits following the events of the night of January 19,1990 (India Today , 2016). Also brushed aside is the role played by Pakistan when it meddles in matters of the sovereign state of India through its active and complicit involvement in an ongoing state sponsored proxy war(Towle, 1981).

To end on a more positive note, looking to “return, leave, return, leave, and return again” (p.234), an emotional Basharat looks for erasure of the “lines of control” (p.239) and a return to a world where individuals are not just suspects or military targets. He does indeed sum it up so well with his heart rending expression of the hope that the war in his valley “would disappear like footsteps on winter snow”! (p.223)

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Proxy War and the Line of Control in Kashmir

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Who has not heard of the Vale of Cashmere, with its roses the brightest that earth ever gave.Thomas Moore

The Backdrop

Kashmir has a way of arousing strong emotions, even among those like the Irish poet Thomas Moore, who never set foot on its soil. At the time of partition of British India, Kashmir was one of the largest princely states and like the rest of the princely states, it had the option of joining either of the two dominions of India and Pakistan or else declare independence. Maharaja Hari Singh of Kashmir had a similar choice to make but unable to take a stand he chose to sign a Standstill Agreement with Pakistan in order to buy time. India delayed signing such an agreement. It was following this agreement, that Pakistan with an eye on taking over Kashmir, started to act up and enforced a virtual economic blockade of this landlocked state, in a bid to force the Maharaja to accede to Pakistan (Singh, 1989).

The Maharaja desperate for supplies turned to India for help and matters soon took a turn for the worse, when Pashtun Tribals funded and equipped by Pakistan, invaded Kashmir, in October 1947(Haque, 2010). Facing imminent takeover of his state, Hari Singh again turned to India for help, but the Indian Government expressed its inability to intervene militarily in the absence of an Instrument of Accession. The Maharaja had dithered for too long to his detriment, he then signed the agreement and Indian troops were airlifted to the valley, immediately. The Indian Army successfully routed the tribal force,code named ‘Operation Gulmarg’,and it was the Pakistani Army which now took up the slack and stepped in continue the battle. 

With winter creeping in, fighting was resumed only in the spring of 1948. It was to be almost a year before a UN sponsored cease fire took effect in January 1949, and the cease fire line became the de facto border pending resolution of the dispute. In retrospect, the Pashtun invasion was in effect the first proxy war waged by Pakistan and the resulting cease fire line was to become the Line of Control in a later ‘avatar’. It is in the context of Kashmir that we shall examine the coming in to being of these twin concepts of ‘Line of Control’ and ‘Proxy War’ and see how they created and shaped the flow of events as they un folded, in the intervening decades. Also examined, will be the role of the two state actors in a bid to identify likely outcomes and possible course corrections.

Proxy War and Kashmir

Proxy wars cannot be understood, unless they are placed in the context of their existence and usage. For Pakistan, the benefit in this manner of engagement, lies not only in its deniability (for political reasons) but also because it minimises the chances that such a conflict could escalate into a full blown act of war (Byman, 2018).

 As an added corollary, there is the added incentive of reduced financial and human costs. Contextually, of even more significance, is the fact that India has military superiority which Pakistan would find hard to counter, if it were to engage in direct combat in a bid to annex Kashmir. Moreover, from a strategic point of view, when Pakistan plays the religion card for motivation, the results exceed expectations as it radicalises Islam in a Kashmir which originally subscribed to Sufi Islam. The incentive of ‘Azaadi’ is just a metaphor for annexation.

In Kashmir, there is a chain of causality, that began when, Major General Akbar Khan, a serving Pakistani Army officer, used Pashtun Tribals to stage an armed insurrection in Kashmir in October 1947 (Haque, THE KASHMIR CONFLICT: WHY IT DEFIES SOLUTION, 2010). The tribals in this operation were the first in a long list of non -state actors used by Pakistan in the relentless proxy war being waged, across the line of control, till today. Praveen Swami chooses to call this an “informal war” and rightfully says it has had a greater impact than both the 1947 and 1965 wars, as it set the stage for a seemingly endless engagement (Talbot, 2007).

Line of Control and Kashmir

In international parlance there was no such term like the line of control, until it was coined in 1972, when the Simla Accord was signed between India and Pakistan, after the post war (1971) negotiations between the two countries. The physical origins of the line of control, date back to the first Indo-Pak war in 1947, an invasion, gone wrong. Pakistan had committed this act of aggression, covert and overt, in spite of having signed a standstill agreement with the Maharaja of Kashmir, and for no identifiable reason except to further Jinnah’s interpretation of the Two Nation Theory. In spite of speculation about the exact timing of the signing of the Instrument of Accession by the Maharaja, the fact remains that Indian troops intervened with this accession instrument in place and the UN mediated a cease fire between the two countries and the cease fire line was formalised in a Karachi agreement signed in July 1949. Approximately one third of Kashmir was now with Pakistan and India had the balance two thirds. In the following years, there were three major wars with Pakistan and out of them it was the 1971 war which metamorphosed the cease fire line in to the Line of Control (LOC), as part of a larger political settlement. This line of control was in effect ‘cordon sanitaire’ based on military realities and political exigencies. Virtually unaffected by the wars of 1965 and 1999, the 742 km LOC still traverses majorly mountainous terrain with the Siachen Glacier as its end point. It has now been fenced over much of its length to discourage infiltration from Pakistan.

Proxy War and Line of Control

 In Juxtaposition

Regardless of nomenclature, with the war of 1947, the matters of proxy war and the line of control, became inextricably linked to the very existence of the countries of India and Pakistan. Just like the first war of 1947, Pakistan, unsuccessfully tried the proxy route again in 1965, with ‘Operation Gibraltar’ but the infiltrators could not garner local support and ‘conventional’ war broke out. The UN then negotiated a cease fire, and the Tashkent Agreement restored the sanctity of the 1949 cease fire line. In subsequent years, the 1971 war mutated the cease fire line, in to the LOC, and this war was more to do with the liberation of East Pakistan, anyway. Finally, it was Zia, who ultimately formalised this bid to “bleed India with a thousand cuts”(Katoch, 2013). The juggernaut he set rolling in 1988, never quite stopped and the Kargil war of 1999, was to see the pattern repeated, in terms of the use of non-state actors.

In the intervening years, since, only the ‘face’ of proxy war has changed and evolved, the heavily militarized LOC is a constant. To start with, in the eighties, it was the pro-independence JKLF with indigenous recruits, which held sway, only to be replaced by a pro-Pakistan, Hizbul-Mujahideen and later the Lashkar-e-Taiba and Jaish-Mohammed. Even now, the youth of Kashmir, is being radicalised and trained in Pakistan Occupied Kashmir, for ‘Jihad’, but ‘terrorism fatigue’ is setting in. Militants are losing support of the local population, more and more, just as Pakistan uses its Afghan experience to use different nationalities as cannon fodder. Peace talks make no headway in this paradigm and there are no winners in this war, social and economic development is the casualty, damaged goods abound amongst the public and the security forces, alike.   

 In Search of a Settlement

Taking the time of partition as a point of reference, Pakistan was convinced in its mind that given geographical contiguity, and the fact that the state was predominantly Muslim, Kashmir should be its own. Clearly this was a political issue which Pakistan turned in to a military conflict. From thereon, Pakistan’s strategies ensured that the situation was turned in to a regional conflict with international dimensions. So much so Clinton referred to the LOC as the “most dangerous place in the world”(Popham, 2000). Playing its cards well, Pakistan turned a political stalemate in to a militaristic, socio-religious and political quagmire. With no noteworthy democratic institutions to speak of, Pakistan wants to liberate Kashmir, choosing to forget that accession was the instrument of choice when the princely states decided their fate at the time of partition. How was Kashmir’s choice being invalidated if this was so.

Today, the Kashmir Valley is a land transformed. From a paradise of untold natural beauty, it is a landscape of concertina wire fences and concrete bunkers. Its residents are in a state of siege, emotionally scarred, unable to cast off the twin yokes of militancy and counter-insurgency, with the military and militants lurking at every corner (literally). Brutality abounds. Opportunistic politicians, flawed elections, corrupt bureaucrats, a protecting force which behaves like an occupation force, are faces of this brutality that have been  unleashed on the people of Kashmir. This was not always so.

Clearly, somewhere along the way India lost her bearings. It failed to take in to account the aspirations of the people. Kashmirayat, was secular, but it was not taken seriously and it did not take much to ignite the flames of ‘Azaadi’ which almost engulfed the valley. The secular bond was broken with the forced migration of the Kashmiri Pundits out of the valley. Regardless of the prevailing political dispensation, over time, with the growth of militancy, repression was the dominant reaction and the ‘mailed fist’ gained precedence. Radicalised Islam began to replace Sufi Islam((RETD), 2018).  Fear and suspicion ruled the psyche of the people. The youth felt disenfranchised. India had fallen in to the trap of enforcing a siege instigated by Pakistan. Kashmiris felt betrayed. Article 370 which granted unprecedented autonomy, had been diluted until it was just symbolic, when it was abrogated in 2019, by a fiercely nationalistic government which had only just snapped ties with an electoral partner perceived as soft on separatists.

Coming back to the time of independence, Dionisio Anzilotti, former President of the Permanent Court of International Justice, says that Pakistan’s invasion in 1947 was “against all canons of international law” and “a clear violation of the Charter, the Security Council’s resolution of 17 January, 1948” (Pan, 1998).Just as interesting is the fact that, the accession document is deemed to be legal under international law even if it is signed under duress(Ayoob, 1967). As for the oft touted failure to institute a plebiscite, the UNSC resolution signed by both countries, clearly calls for first off withdrawal of Pakistani troops from Kashmir, with India keeping its forces at a minimum. Pakistan will never pull back and the stalemate therefore continues.

Clearly, there is an impasse and an impossibility for either side to blink. In Pakistan, the army cannot possibly abandon a conflict through which it exercises control over the body politic that sustains its economic, political and economic interests. It is almost as if, Kashmir is the very reason for the existence of the army and for the public of Pakistan, Kashmir’s liberation and annihilation of its bête noire, India, is the only national priority. Muhammad Shaffi Qureshi, a Kashmiri politician put it well when he said, that the Pakistan Army has “been feeding the tiger for a long time” for it to just walk away(Kifner, 2001). The danger in proxy warfare being that after a time proxies begin to “act according to their own interest and impulses”(Byman, ORDER FROM CHAOS Why engage in proxy war? A state’s perspective, 2018)(ibid).Pervez Musharraf and others have realized this truth much to their chagrin.

 India, too is riding its own tiger, as it is caught in a ‘low-level equilibrium trap ‘in terms of being, in a state of no war accompanied by no peace(Carciumaru, 2015). The fear being that any let up in military presence will escalate militancy. The abrogation of Article 370 and the division of the state of Jammu & Kashmir in to centrally administered divisions, has destabilized already vulnerable democratic processes, turning Kashmir in to a simmering cauldron. The current political dispensation at the centre is still going ahead andrapidly making changes in domicile laws, in a bid to alter the demographics of the region. Previous state governments had done this for different reasons when they allowed the settling of Rohingya refugees in Jammu and thereabouts, for obvious reasons. Admittedly, matters can take a serious turn from hereon, with resentment boiling over among the populace at large.

Attempting to deal with the abrogation of Article 370, Pakistan is consequently changing its strategy. A leaked policy document from the ‘Green Book 2020’,indicates that the proxy war will now move towards, a‘non kinetic domain’(Osborne, 2020).Cyber warfare and psychological warfare being  used to aid and abet a native uprising, so as to be able to defend Pakistan’s position on international forums. With a defensive and weakened Pakistan,   India, too must move differently and realize that it cannot have a decisive win against militancy, using brute force. With militancy, currently at an ebb, the time is in fact opportune to move towards a ‘negotiated settlement’ as the militants are politically discredited in a scenario where India has the moral high ground as it does not believe in building terror launch pads on its soil.  Its people of Kashmir are decidedly at an advantage economically, when compared to their ‘compatriots’ across the LOC and they have a ‘voice’, in a country where rule of law still prevails. Aberrations like the AFSPA, can surface in any dispensation, you don’t throw the baby with the bath water.

In Conclusion

Bashir Manzar wrote on twitter, “From Geelani to Farooq Abdullah, we have a luxury to say anything and everything against India, ridiculing it for rejecting our right of self-determination,independent Kashmir, autonomy, self-rule etc. But when Pakistan rejects all these things, we turn into non-speaking species. Are we more scared of Pakistan than India?”

Seven decades later, peace is still intractable in the Kashmir Valley.Violations across the line of control continue, by both sides and the proxy war initiated and sustained by Pakistan, has been a constant for long.Kashmir  is ina ‘mutually hurting-stalemate’(Carciumaru, Beyond the ‘Low-Level Equilibrium Trap’: Getting to a ‘Principled Negotiation’ of the Kashmir Conflict, 2015) (ibid).Perhaps, the most elegant solution to this imbroglio would be acceptance of the line of control as an international border with greater autonomy for Kashmir (as suggested by Farooq Abdullah)so that the people of Kashmir couldthen move on with their lives, which in a paradoxical manner seem to be in a state of suspended animation, as long as the conflict continues to play itself out. This is not utopian, all it needs is political will and some give and take(Sharma, 2017).

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