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Article 370 Revoked in Jammu & Kashmir rattles some Countries: Should India be Concerned?

Gen. Shashi Asthana

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The peaceful celebration of Eid although at reduced scale, demolishes the propaganda fueled by countries/media houses/politicians, who stand disappointed as they were waiting for violence to break out in Kashmir, post abrogation of Article 370. The historic moment revoking Article 370 in Jammu and Kashmir (J&K), happened on 06 August 2019, when the bill was passed by more than two third majorities in both houses of parliament, through the laid down democratic process in consultation with Sadr-e Riyasat vested in Governor of the erstwhile state. The bill reorganizes the erstwhile state of J&K into two separate Union Territories (UTs), J&K being one and Ladakh being another UT. Prime Minister  Modi has clarified in his address to the nation that once there is peace, statehood will be returned to J&K. Ladakh, however, will remain a UT. This reorganization is purely an internal matter of India; however few countries seemed to be extremely rattled over this development, while most of them chose to treat it as a bilateral/internal matter. While the discomfort of Pakistan and to some extent China was unwarranted, but expected, it was regrettable that some segments of global media chose to carry propaganda stories, based on fake news propagated by interested parties. While India has no reason to be concerned about their desperation, for ill conceived reasons, some of the facts to mitigate some common international misperceptions need to be highlighted.

Facts versus Propaganda

After partition of India and Pakistan in 1947, the state of J&K was an independent state under Maharaja Hari Singh, which was attacked by Pakistani razakars to capture it by force. Maharaja signed the Instrument of Accession to India for the entire state (including Pakistan occupied Kashmir, Gilgit- Baltistan, Shaksgham Valley and Aksai Chin) and Indian Forces were flown in which saved the remaining state of J&K. One of the global daily in its article quoted   “Article 370 had been considered a cornerstone of Kashmir’s inclusion in India during the 1947 partition that separated India and Pakistan following the end of British colonial rule”. The fact is that there was no Article 370 in 1947, as part of Instrument of Accession. It was introduced later, drafted on 05 Mar 1948 and amended on November 15, 1952. The same daily quotes “Parts of Kashmir are controlled by India and Pakistan, both of which claim the strategic region in its entirety”. The instrument of Accession signed on 27 October 1947, does not give any claim to Pakistan. Some global news channels chose to air fake videos of atrocities to people of J&K, in last few days, whereas the reality is that the Kashmir valley has been quite peaceful, after India strengthened the security force level in the terrorist threat prone area, to ensure safety of citizens and not a single bullet was fired. Pakistan & terrorists are rattled because it was done with such a speed that it caught them by surprise and made their efforts to disrupt peace unviable Incident free Eid celebrations, although on low key, are enough to demolish the claim of propaganda oriented fake media coverage indicating heavy violence.   

Why was Article 370 Revoked Now?

Indian resolve to revoke temporary Article 370 and 35a in J&K was a national call, in the national interest and the ruling party was voted with thumping majority (including people of J&K) with this cause in their manifesto. These provisions were made by decision makers in 1952 purely under Indian Constitution. Article 370 was drafted in Amendment of the Constitution section, in Part XXI, under Temporary and Transitional Provisions.  In last few decades it was seen that these provisions have been hurting India and common people of Jammu and Kashmir since many decades. Kashmiri Pandits, who are natives of Kashmir were forcibly pushed out by a motivated groups, which was the biggest abuse of power, which left India helpless in mitigating their grievances, due to such provisions. They were being misused by few local politicians, separatists, elite businessmen aligned to them, terrorists and their supporters, at the cost of brewing inequality, depriving of legal benefits and welfare related laws for common people, thus proving to be a hindrance in inclusive growth of the country. It was well realized that these provision had not given anything except separatism, corruption and family rule to the erstwhile State, with Pakistan using it as a tool to spread terrorism, which claimed over 42000 innocent lives. It’s abrogation was desired by many governments, but could not be executed due to inadequate political will/ democratic mandate or bogey of grave repercussions thrown up by ruling families of erstwhile state and separatists/terrorists. Revoking of Article 370 and 35a will allow all J&K citizens to vote for J&K Assembly and Panchayat elections, a democratic right denied to many residents in the state. It will restore rights of daughters to parental property, rights of safai karmacharis and their children to government jobs, education and make them eligible for many social benefit schemes of India.

Why is Pakistan Rattled?

Pakistan, despite being an aggressor in 1947, seems rattled with abrogation of Article 370 and 35a in J&K to an extent that it took certain reckless actions. Lowering of diplomatic relations with India, scrapping trade ties, stopping rail communication and blocking few air routes are some examples. The main reason of Pakistan’s frustration is that its terrorists fuelling proxy war in Kashmir will be devoid of political patronage, the separatists will be exposed to central security forces and laws, and its terror industry/infrastructure built in Kashmir over decades will start weakening. Pakistan’s effort of approaching UNSC has no future, as is evident from the factual analysis above.  If they still approach UNSC, then as per United Nations Security Council Resolution 47, adopted on 21 April 1948, there is no case for motion in UNSC, because Pakistan and China will have to be reminded to vacate PoK, Gilgit-Baltistan and Shaksgham as first step of UNSC Resolution47, which may not suit either of them. In any case the President of UNSC made no comments and the secretary General indicated bilateral settlement under Simla Agreement, with an advice to exercise restraints. While Pakistan may keep advertising China’s anticipated help in seeking justice for Pakistan, but there is no legally viable case with Pakistan and China. India is well aware of fake news and propaganda attempts by Pakistan on the issue, glimpses of some of them are visible in this article.  The recent survey reveals that more than 70% of Kashmir has welcomed new administrative arrangement bringing them at par with rest of the country in terms of legal and administrative rights/benefits, denied to them by local governments under the shield of Articles 370 & 35a. In any case being an internal matter of India, no foreign interference will be accepted.

Other International Responses

Pakistan’s efforts to garner support of other nations have not been that successful except China, which has its own interest to protect, in terms of CPEC, which passes through the territory acceded to India by Maharaja of J&K. China reacted to Ladakh being made a UT, indicating that it undermined China’s sovereignty, soon after Home Minister’s statement in the Rajya Sabha. Later China indicated to Pakistan that “It should be properly and peacefully resolved based on the UN Charter, relevant UN Security Council resolutions and bilateral agreement.” MEA had given a befitting reply to China highlighting that India does not interfere in internal affairs of any other country and expects the same from other countries. The same has also been reiterated by Indian Foreign Minister in Beijing, who happens to be there for a bilateral meet.

US State Department spokesperson Morgan Ortagus said there was no change in the country’s policy on Kashmir, and called for restraint. The restraint is applicable to Pakistan establishment as they have threatened Pulwama like episode and DG, ISPR has indicated to adopt every possible measure to assist in freedom struggle of Kashmir (which can well be interpreted as refueling proxy war). Taliban when approached by Pakistan chose to stay away from this issue, as they know the terror game of Pakistan better than others, having been a beneficiary sometimes. 

What Next for India?

Abrogation of Article 370 and 35a was a big leap forward for inclusive growth of India, but the implementation of promised reforms and a positive environment in the valley will still take some time. The first priority will continue to be the safety and security of all Indian citizens in J&K and Ladakh, for which the methodology seems to have been well thought through. India should continue with tight restrictions on potential problem creators and flash spots at least till 15 August, even at the cost of some inconvenience to people and relax it in graduated manner. In democracy, the criticism against restrictions by opposition parties and activists is natural, but if it can save lives of innocent people then it is worth it. To enable the promises of inclusive growth to be implemented, the people of both the newly formed UTs have to come forward to find genuine representation amongst themselves and work towards reaping benefits from newly found freedom from archaic laws. The countrymen have to invest in these regions for mutual prosperity. Regarding Pakistan, all actions taken by them were well anticipated and thought through. Whatever it does to interfere in Kashmir, it is going to harm itself. J&K remains integral part of India and the country is well poised to handle any awkward situation.

The author is a veteran Infantry General with 40 years experience in international fields and UN. A globally acknowledged strategic & military writer/analyst; he is currently the Chief Instructor of USI of India, the oldest Indian Think-tank in India.

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South Asia

Indian Imbalanced Balance

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A serious crisis is looming over journalism in India, which is increasingly vested in the hands of authority. On the one hand, Indian President Pranab Mukherjee asks for “discussion and dissension” for a vibrant democracy. “There should always be room for the argumentative Indian, and not the intolerant Indian. The media must be the watchdog, the mediator between the leaders and the public,” Mukherjee said while paying his regards to Ramnath Goenka – former press baron. On the other hand, Indian media has lost its credibility regionally as well as internationally owing to quality of Indian public discourse. According to criminal lawyer Rebecca Mammen, “The true test of a robust democracy is the independence of its media. Over the past few years our media has become the mouthpiece of the party in power. Coupled with the fact the corporate owners of media houses share close links with the government, the Indian media has tragically lost its voice.”

The mainstream media is vested in the hands of a selected few and refuses to question authorities.         The ‘Reporters Without Borders’ annual Press Freedom Index, which was released on April 20, has ranked India at 142 among 180 countries reflecting poor credibility due to pressures by government. According to the Report, the Indian media is reeling under a Hindu nationalist government, which has time and again tried to gag journalists. Moreover, India’s influential TV news channels function largely as government mouthpieces.A European non-governmental group “EU disinfo lab” had uncovered a network of 265 ‘fake’ news outlets sponsored by an Indian network to influence the European Union (EU) and the United Nations (UN) with content against to Pakistan.

The crisis in the Indian media will have deeper impacts on Indian democracy. With a feeble opposition, weak institutions, and an inadequate media, Indians have no checks and balances. For instance, maligning Pakistan High Commission, Colombo(PAHIC) during a recent Indo-China conflict was an Indiangovernment instructed media strategy to divert public opinion from their failures in North. In other words, media strategy inadvertently defines poor political will of India to stand up to China while feel strong enough to bully the smaller neighbourhood.

The sane voices in Indian media have continuously shrinking space.Having almost 400 news channels, Indian media has failed to highlight serious matters, such as beef ban, human rights violations in Indian Occupied Jammu & Kashmir (IoJK), and numerous discriminations against Indian Dalits. “Over the last few years – especially after Prime Minister Narendra Modi won the general election of 2014 – the Indian mainstream media has allowed itself to be undermined by the transcendent political power that he represents,” said Pamela Philipose, The Wire. “A new note of muscular nationalism has crept into media discourse.  Also conspicuous is the curbing of dissent and the rise of the surveillance state – developments that bode ill for the independence of the Indian media,” says Philipose.

In a similar manner, a political scientist Giles Vernier argues that “a new note of muscular nationalism has crept into media discourse.  Also conspicuous is the curbing of dissent and the rise of the surveillance state – developments that bode ill for the independence of the Indian media.One reason why we don’t see much criticism in the media is that the government, in the person of the Prime Minister, has the ability to completely dominate the media’s agenda, by saturating the public and media sphere with the message, image, and his voice.”

Journalists should be critical of government’s handling of its internal and external matters to keep it on the right track. TV channels will call speakers of their choice, who would heavily lean to one side of discussion and pretend that it is balanced.

In the current atmosphere, with enraptured legislative issues and social perspectives, with populist political leadership, with developing bigotry against minorities and dissenters, the media can and ought to be an encouraging sign for liberal, mainstream and law based thoughts, yet additionally to guarantee that outrageous perspectives does not get into the papers or on TV. Rather, the media in India has become some portion of the issue, either excitedly partaking in preparing of contempt against the helpless, or carrying on in an insincere path by permitting the most exceedingly terrible components a free run of significant reality on their foundation. Whole ages of columnists are growing up with the possibility that they are playing out an important help; they have scarcely any good examples to gaze upward to, since their own managers, who should know better, are either sold out, ideologically dedicated to fanaticism or are indecisive, without firm feelings or just fearful. In any case, Indian reporting is in a profound emergency, all for the sake of ‘balance.’

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South Asia

This is Pakistan

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With an unprecedented progress in politico-socio-economic domains, Pakistan has a new face in the world. It has not only successfully corrected misplaced perceptions about it, but the internal and external circumstances around it have also changed, which has helped shaping Pakistan its renewed look according to changed regional and international environment. The successes at the security front has also led to the economic progress in Pakistan.

In result of Pakistan’s fight against terrorism and anti-extremism operations, it lost tens of thousands of people, including soldiers and civilians. Pakistan’s strong resolve together with sustained military operations against terrorist elements, however, brough back peace and stability in the country. According to Security Report 2019 by Pakistan Institute of Peace Studies (PIPS), “Pakistan witnessed a further decline in the number of terrorist incidents and consequent casualties… terrorist attacks this year decreased by around 13 percent as compared to 2018.” The report clearly depicted a gradual decrease in terrorist attacks and casualties since 2009. In this regard, Pakistan’s National Action Plan (NAP) helped eliminating the menace of terrorism from the country. The improved security situation in the country resulted in the economic dividends in the shape of China Pakistan Economic Corridor (CPEC).

Pakistan is also appreciated for its nuclear material safety. In its annual report, the Nuclear Threat Initiative (NTI) – a leading United States non-proliferation watchdogdivulged that “Pakistan’s improvements in the Security and Control Measures category are significant because strengthened laws and regulations result in durable boosts in Pakistan’s score as well as provide sustainable security benefits.” While appreciating Pakistan’s further improvement in nuclear materials’ safety, Laura Kennedy, a former United States diplomat, tweeted that “one welcome bit of news reported by #NTIindex is that #Pakistan ranked as most improved in security of those countries holding nuclear materials.”

Pakistan’s fight against Corona Virus Disease (COVID-19) is used as a role model by developed countries of the world. The Government of Pakistan (GoP) revealed a PKR 1.13 trillion relief package to help to the powerless and securing industry and other organizations. The concept of ‘Smart Lockdown’ also reaped its dividends and Pakistan has come out from the dangers of this deadly virus.

On the socio-economic front, Pakistan is making progress as well. For instance, the current account deficit has reduced from US$ 20 billion to US$ 3 billion together with a significant decrease in trade and fiscal account deficits. The stalled construction of Diamer-Bhasha dam has also been approved, which will result in additional water supplies for better agricultural production. There has been increase in the rights activism i.e., Transgender Pride March, Aurat March, Climate March, and Student Solidarity March. Women sports stars of Pakistan won international medals and recognitions.For instance, 8-year-old Pakistani Taekwondo star Ayesha Ayaz won a bronze medal for Pakistan at the 7thFujairah Taekwondo Open Championship in United Arab Emirates (UAE); Hajra Khan won 3 Guinness World Records; Mahnoor Shahzad won the Annapurna International Badminton Tournament; Nida Dar became the first Pakistani woman to sign a deal with an international cricket league, Sydney Thunder; Shahida Abbasi from Hazara won one of the total two gold medals for Pakistan at the South Asian Games 2019; and Mallak Faisal Zafar won first position in the Basic Novice Girls II category at the 24th International Eiscup Innsbruck 2019. Test cricket also returned to Pakistan.

Culturally, Pakistan is projecting itself more prominently. Pakistani celebrities are mamking it to international fashion weeks – Mushk Kaleem and Alicia Khan walked the ramp for Milan Fashion Week 2019. Pakistani film Laal Kabootar won the Vancouver International South Asian Film Festival for the Best Feature Film Award. ActressMahira Khan was appointed National Goodwill Ambassador for UNHCR, the UN Refugee Agency, strengthening the bond between the people of Pakistan and the international community. Moreover, Mehwish Hayat was appointed ambassador to UK based international humanitarian charity, Penny Appeal.

On the entrepreneurial front, 9 Pakistanis made it to Forbes’ coveted 30 under 30 Asia list: Ahmed Rauf Essa: Founder, Telemart; Karishma Ali, President, Chitral Womens Sports Club; Laila Kasuri, Water Analyst, Global Green Growth Institute; Hanaa Lakhani, Hasan Usmani,Gia Farooqi and MoneebMian, Cofounders, Roshni Rides, Zain Ashraf, Founder, Seed Out; and Zainab Bibi, Founder, Pakistan Society for Green Energy (PSGE).

Regionally, Pakistan’s foreign policy is paying its dividends. Pakistan’s relations among Iran, Afghanistan, Sri-Lanka, Russia, United States and others has improved significantly. Overall, there is many encouraging events happening in and around Pakistan.

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South Asia

Post-Pandemic Politics

Usman Ghani

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Franklin Roosevelt has rightly put it, ‘In politics, nothing happens accidentally. If anything happens, it’s palpable that it planned this way’. Numerous features have been defining pre-pandemic world politics over the years. The current situation shows that pandemic will only reinforce largely five global fault lines that have been characterizing the global environment even in the pre-pandemic phase. Form this we can extrapolate the future course of global politics. 

The first and the obvious feature is the rising multi-polarity with power being diffused vertically and horizontally between countries and within countries because citizens become more impart by accessible cheaper technologies. Therefore, global power especially economic power continues to be redistributed while the state power also continues to be eroded by the greater influence of non-state actors both good and bad. In today’s world, no single power can achieve outcomes on its own. It can only do so in conjunction or with the cooperation of other states. Since the Second World War, this pandemic is the first global crisis in which US leadership has been absent.

Secondly, the resurgence of competition and tensions between the big powers in the global environment have come into sight. US-China confrontation has become the most consequential and geopolitical development, which is going to influence and shape the world in the coming years. It can be seen that an outbreak of trade and tech war during the pre-pandemic will continue in the future. Political tensions are also at a record high. President Donald Trump of the United States has been using hostile rhetoric against China. Because of the severe actions taken by the US, China has reached its limits and started pushing back.

Thirdly, global powers are retreating from multilateralism and a rule-based international system. The renunciation of international agreements and treaties has been witnessed over the months. The irony is that the pandemic demands greater solidarity and cooperation but quite the opposite has happened, where there is an absence of international solidarity and much less collaboration. The USA has renounced a long list of treaties including the Iranian nuclear deal, Paris Agreement on Climate Change, Intermediate Nuclear Force Agreement (INF), and recently the Open Skies agreement. It has also walked out of key multilateral institutions such as the UN Human Rights Council in Geneva and the WHO more recently.

Another feature is the rise of populist leaders who are often described as strongmen. Although it’s debatable how much they deserve the description of strong men. Populist leaders act unilaterally with impunity as well as seek to rewrite the rules of game either in the world or their region depending upon their capability to manage. They are mostly disdainful toward international norms. In South Asia, the grimmest example is Prime Minister Narendra Modi who is taking brutal and illegal actions not only in occupied Kashmir but also within India by pursuing communal politics.

Ultimately, there would be an emergence of anti-globalization sentiment due to multiple factors. The UN will be celebrating its 75th anniversary which is going to be a historic moment while American threatens to leave the World Health Organization (WHO) permanently. In this unenviable situation, the UN has been under great strain because its main agency which deals with the health crisis is under attack due to curtailment of funding by Donald Trump. Furthermore, certain leaders of the west are going to reject the existing trading regimes because they cannot compete anymore. The prevailing situation in those countries demands to remake global supply chains and they intend to reduce their dependence on China. Apart from that, plans are considered to move towards setting up local hubs of manufacture and supply.

In a nutshell, there is going to be a reversal of many aspects of globalization. Protectionism, trade wars, and to some extent travel restrictions will be a new reality. Right-wing populist leaders will use the health crisis to reinforce their policy preference for closed borders, strict immigration laws, and the ban on the free movement of labour that has been seen in recent decades. The future course of the most important bilateral relationship of our century which is between China and the United States will have a huge impact on the global economy as well as on the international order and multilateral institutions. Pandemic has further strained the relationship and resulted in trading accusations and allegations from both sides. Summarily, that has been described as the new cold war by many. The question arises whether these two global powers will arrive at modus vivendi or will there be a standoff. This has become a more enduring feature of the global landscape.

To round off the whole debate, the World is possibly at one of the history’s most unsettled periods in international relations with the atomization of the international system. This is an uncharted territory which the world has not seen before. For Pakistan, there are going to be strategic, political, and economic implications because it seeks to form good relations with both countries. Pakistan ought to understand that in the long run, its strategic future lies with China rather than the US.   

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