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From Frying Pan to Fire: Kashmir-New Domicile Law, Unemployed Youth and Beyond

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The central government led by Bhartiya Janta Party (BJP) revoked the Jammu and Kashmir’s special status under Article 370 and Article 35A of the constitution and divided the State into two Union Territories of Jammu and Kashmir and Ladakh on 6th August 2019. The abrogation was done in a very undemocratic manner as the Valley was locked downed with strict curfew, internet scrapped and all communication was made defunct. Heavy deployment of forces was made before days and advisories were issued from all departments which created panic and psychological trauma. All leaders from major to minor and across ideologies were imprisoned. Life was paralyzed for months and everything from trade to social rituals were brought to a standstill. Under such serious circumstances no body raised a voice and India succeeded in executing its nefarious designs.  

In a recent development the Union Government on 1st of April issued a notification defining “domiciles” in the new Union Territory (UT) of Jammu and Kashmir for protecting jobs in the Group D category and entry-level non-gazetted posts for the domiciles. According to the notification, anyone who has resided for a period of 15 years in the UT of Jammu & Kashmir or has studied for a period of seven years and appeared in Class 10th /12th examination or who is registered as a migrant by the Relief and Rehabilitation Commissioner (Migrants) will be deemed to be a domicile. 

The order further says the domiciles will be eligible for the purposes of appointment to any post carrying a pay scale of not more than Level 4. The Level 4 post comprises positions such as gardeners, barbers, office peons and waterman and the highest rank in the category is that of a junior assistant. The reservation for domiciles would not apply to Group A and Group B posts, and like other UTs, recruitment would be done by the Union Public Service Commission (UPSC). This is according to the norms in other UTs and States. Under the 2010 Act, the clause for “permanent resident of the State” has been substituted by “Domicile” of the UT. The Act pertained to employment in the civil services comprising “district, divisional and State” cadre posts. Prior to the introduction of domicile law only permanent residents of J&K were eligible to apply for the gazetted and non-gazetted posts. The amendment allows non-domiciles also to apply to these posts. Moreover children of Central Govt. officials, All India Services, PSUs, autonomous body of Centre, Public Sector Banks, officials of statutory bodies, Central Universities, recognised research institutes of Centre who have served in Jammu & Kashmir for a total period of 10 years will be considered domiciles.

Scraping of special status and abrogation of Article 370 and 35A were in the political agenda of BJP since decades. And even people voted BJP for this. In a country like India it is very easy to befool anyone as people here hardly put their mind and reason into action, rather leave everything to their emotions and affiliations to decide. The recent development of domicile law is also part of BJP’s agenda. The saffron fans are trying to their best to justify and portray it in good colours but are failing miserably as the law has got widespread criticism. It was after this persistent criticism; the centre amended the law and deleted the part pertaining to employment to non-residents. It may be after this criticism but it might have been the policy of the centre to kill two birds with a single stone as the law even after amendment is in no way in favour or beneficial to  the people of the region. The amendment is like pulling out one eye instead of two. There may be some relief in employment segment but from the demographic, socio-cultural and identity point of view it is precarious as it was before amendment. The  demographic flooding of Indians, including additional military forces, bureaucrats, government officials, as well as private sector employees and citizens will change the whole structure of population in Kashmir. As it is believed, “Israeli-like” settlements can now be introduced in J&K making the region’s Muslim-majority into second-class citizens, a demographic minority, & pave way for ethnic cleansing. The Demographic flooding will in turn impact the results of a potential plebiscite or referendum in India’s favor.

The law will surely lead to cultural loss and will shake our heritage and age old ethos. By giving thousands of non-resident families’ resident rights and domicile status the demographic scenario of the region will certainly change drastically. It will have great repercussion for the native population, and for their cultural ethos. Our cultural is certainly rich but not enough strong to resist the foreign inroads. Ultimately we will witness a cultural shock as the dominant foreign culture will overshadow the indigenous culture.

The law came as a catastrophe for the youth of Jammu and Kashmir as they saw their already mere chances drowning. This was more shocking to the youth of Jammu region as that region has always been loyal and patriotic to India. There are more than two and a half lakh educated unemployed youth in Jammu and Kashmir. Due to large scale unemployment, this talented and educated youth is victim of social stigmatization, helplessness and psychological distress. To be an educated unemployed person is a big crime in our society as one has to face so many problems like social disaffection in matters like marriage and one has to face psychological tortures like low prestige due to being dependent on someone else. The private sector as a ray of hope is unfortunately worth keeping on ventilator in Jammu and Kashmir as it is hardly in a position to offer any solace to the disconsolate youth of Kashmir.

What this domicile law means to the unemployed and budding youth of Kashmir is not less than slap. The already frustrated youth who are suffers of ill fate and worst political agony has been simply thrown from a Frying Pain to the Fire. The law has added more to the frustration of the youth. Consequently it will lead to more escalation and alienation. The newly introduced law will give birth to more radicalization and there will be a great set back to the ongoing peace process in the region. There has always been a gap between the people, particularly youth of the Valley and the Centre. We have been trapped and promised time and again but nothing positive has came to our way ever. We have been disappointed time and again by the centre and our gains have been like much ado about nothing.

A wave of despair and hopelessness is all what one can see at the moment all across the Valley. The youth has been pushed to the wall and have been left with rare options. Instead of giving anything we have been snatched whatever we had. Our ethos, identity and culture has already been erased and robbed.

 Our leaders who being in power for decades failed to bring any remarkable change and infact couldn’t make the temporary privileged provisions, permanent, have betrayed us and have always compromised for their petty gains. Bit by bit we have lost everything from identity to ethos and our gains are less than meager.

According to an estimate there are over 84,000 vacancies in J&K, of which 22,078 pertain to Class IV employees, 54,375 to non-gazetted and 7,552 at the Gazetted level. Instead of any fast track recruitment drives the government is playing politics and is adding more miseries to the dejected youth of the region. There are thousands of educated youth who have already crossed or are at the verge of crossing the age limit. Such youth if not heard will resort to any extremes as they are left with no options except hopelessness, and in such situations one always take to radical means.  

The way India is trying to connect Kashmir with India is bereft of any motivation and is not going to work in any way. The “Pan Indianisation project will prove Pain Indianisation project” for India in long run. The domicile law will give a death knell to the so called good will and confidence building programmes run by centre in the Valley. The people in Kashmir specially youth in Kashmir is already going through tough times and are in utter disbelief, as the ongoing conflict, frequent changes of political regimes, absence of any transparency in the administration and incidents of natural forces have made the people of Kashmir suspicious and incredulous. The people have been living in constant trauma and tyranny.  The people have lost their belief in the benevolence of rulers. It is high time for India to listen to the emotions and aspiration of the youth of the region and mend its ways in dealing with them.  Otherwise it will be too late and the situation will be like, “A spark neglected burns a house.”  

PhD Research Scholar, Department of History, University of Kashmir, Srinagar

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South Asia

What does the Kashmiri want?

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Friday prayers in Srinagar, Jammu and Kashmir. © John Isaac

A group of envoys visited the illegally-occupied Jammu and Kashmir State ostensibly `to take first-hand account of the situation in Jammu and Kashmir and government’s efforts to restore normalcy’ (Hindustan Times February 17, 2021). Srinagar welcomed the envoys with a spontaneous shutdown. Prior to the visit, political leaders and human-rights activists were detained. The envoys did not visit Farooq Abdullah, Mehbooba Mufti or any of the other opposition Kashmiri leaders.

The Hindu dated February 17, 2021 reported ‘The J&K government showcased “deepening democracy” to visiting 24 foreign diplomats, who arrived on a two-day tour of the Union Territory (UT) on Wednesday amid a spontaneous shutdown in Srinagar and alleged detention of recently elected National Conference (NC) district council members in Budgam’.

Post-special-status abolition situation

After abrogation of the special status, India took a number of steps to silence public dissent_diurnal and nocturnal search operations to hound, kidnap or kill the Kashmiri, Internet ex-communication, blatant use of draconian laws against ordinary Kashmiris and their leaders alike. A law was passed to jail parents of stone-pelters., if any. Meanwhile local body elections were held in which the ruling BJP was cut to size. But, India, as reported b y the Hindu also, showcased the elections in international media as a proof of popular participation and contentment of the people with the status quo.

Have the Kashmiri resigned to their fate

The mysterious silence in the Valley during the envoys’ visit speaks volumes on how much the Kashmiri hate India. However, it appears the Kashmiri could have shown their ennui through some mode of peaceful protest.  They could draw lessons from the Occupy the Wall Street or Precariat Movement in the USA.

Occupy has six letters. A group of six persons mostly celebrities in their fields, stand up at some busy street holding letters O,C, C, U, P, and Y. The Kashmiris also could have displayed the letters in word `AZADI’ through a group of five persons.

Apathy

Arnold Toynbee, in his Challenge and Response Theory postulates that if a challenge is too onerous a nation may become apathetic. In similar vein, Ibn-e-Khaldoon suggests that survival of a tribe (nation) depends on cohesion (asabiya, nationalism) of a tribe faced with life-and-death threat around its frontiers.

Amy Chua (Political Tribes: Group Instinct and the Fate of Nations) talks about static or dynamic response of a society as shaped by group instincts of various components of a society.

Applying Amy Chua’s framework to Kashmir situation

Amy Chua challenges the view that the conventional mechanism of demokratia (government by the people) is a panacea for all the problems of a society. Thus the recently-held local level elections or even `state assembly’ elections in occupied Kashmir are no panacea for the Kashmiris’ simmering discontentment, their revulsion to yoke of Indian rule. Chua, in her afore-quoted book analysed situation in Vietnam, Afghanistan, Iraq and Venezuela, besides so-called terror tribes including the Islamic State of Iraq and Syria.

Kashmir in Chua’s framework would suggest it is naïve to believe that Kashmiris are resigned to their fate. By analogy, even a thousand years of exploitation by a microscopic Chinese population did not subdue the Vietnamese hatred of the Chinese. As soon as the Americans left Vietnam, the native Vietnamese prowled upon the rich community of Chinese like a pack of wolves. The Americans plunged into decade long futile war with Vietnam without realizing that the Vietnamese were not Chinese stooges.

The indomitable fighting spirit

Indian forces had been using pellet guns to blind the Kashmir. Now, former chief minister Mehbooba Mufti, they have begun to use even chemical weapons against the Kashmiri.

Let us have a glimpse of the dogra’s reign of terror in Kashmir. To stifle the Kashmiri’s fighting spirit, the dogra punished even Kashmiri children who played with fork-slings (ghulail) and stones (Muhammad Yousaf Saraf, Kashmiris Fight for Freedom, vol. 1, p. 50). Under the dogra rule, the Kashmiri were treated no better than beasts of burden. Instead of donkeys and horses, Kashmiri Muslims were used to transport goods across Gilgit, Leh and Skardu. They carried luggage on their backs across glaciers as high as 17,000 feet. Thousands of them perished along the way each year owing to frost bites, fall from a precipice, and hunger or sickness. The dogra caravans were not humane enough to stop for a while in the snowy passes to look after the injured porters (or ‘human beasts of burden’). Besides performing the forced labour, the Kashmiri had to pay heavy taxes. Whole of their produce was confiscated by the dogra. Little was left for tillers and their children to eat. On every item, the oppressed Kashmiri had to pay multiple taxes. Take shawls. Not only the shawl-makers were taxed, but also the other intermediaries like importers of pashmina (wool) from Ladakh, and storekeepers, whether wholesalers or retailers (ibid. p. 280-81).

The regressive revenue system resulted in a famine during winter of 1877. People began to die of starvation. Instead of releasing grain stocks from the royal go-downs, the maharajah’s constabulary drowned the starved, crying people in the Wullar Lake. Saraf writes: “Whole boat-loads of starving people have been conveyed by the Maharajah’s officials to the Woolar Lake, and there drowned” (ibid. p. 294).

The reign of terror by Indian forces (now estimated at about nine lac regulars and security personnel) who replaced the maharajah’s constabulary on October 27, 1947 is no less gruesome. International human-rights organisations, as well as India’s National Human Rights Commission, have brought into limelight the Kashmiri’s mysterious disappearances, their custodial deaths, and countless rapes of hapless Kashmiri women.

Like the dogra, Indian rulers are mercilessly exploiting Kashmiris’ economic resources. Bulk of locally-generated electricity is being diverted to Indian states. The tourism industry is in shambles. Highly – educated people have no jobs. With no inflow of tourists, the shopkeepers have no business. Unlike the occupied Kashmir, all the socio-economic sectors in Azad Kashmir are progressing by leaps and bounds.

Toynbee’s Challenge and Response Theory suggests that if the challenge is too strong, a nation becomes apathetic. Ibn-e-Khaldoon’s asabiya (spirit of national cohesion) also suggests that a nation’s spirit is likely to be smothered by a challenge which is too heavy. Historical lessons do not apply to the Kashmiri’s struggle. Neither Indians, nor the dogra could gag them. The struggle for freedom has continued unabated.

The lesson from Kashmiris’ struggle for freedom is that repression or palliatives like elections in occupied Kashmir are no good. The Kashmiri wants “freedom”. Their group instinct is `resistance’. But they need to learn from peaceful resistance movements like the Occupy and the Precariat.

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Pakistan Day Celebrations: Civilian Participation

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Pakistan got independence on 14 August 1947 by hectic political struggle from the platform of All India Muslim League (AIML) under the dynamic leadership of Quaid e Azam Muhammad Ali Jinnah. The presidential address at Allahabad on 29 December 1930 of Dr. Muhammad Iqbal, accelerated and gave more clarity to the movement. He presented the idea and concept that Muslims are a separate nation by emphasizing that a nation is distinguished from the other based on religion, customs, and traditions. At the same time, he strongly disagreed with the Western concept of religion as a private affair. Iqbal explained that Islam is a way of life and thus Muslims are a separate nationand accentuated that unless their rights areprotected, it is impossible to establish peace and tranquility in the sub-continent. The determined political struggle of AIML led to March 23, 1940, Lahore Resolution, at its 27th annual session. The Quaid addressed the session on the first day andstressedthat Hindus and Muslims follow two different religions, philosophies, social customs literature and this made them two distinct nations.

The contents of the resolution, according to Story of Pakistan are“No constitutional plan would be workable or acceptable to the Muslims unless geographical contiguous units are demarcated into regions which should be so constituted with such territorial readjustments as may benecessary. That the areas in which the Muslims are numerically in majority as in the North-Western and Eastern zones of India should be grouped to constitute independent states in which the constituent units shall be autonomous and sovereign”. It strongly rejected the concept of United India. The word states wassubstituted to one state by a resolution passed at the 1941 Madras session of the AIML which stated, “everyone should clearly understand that we are striving for one independent and sovereign Muslim State.” Moreover, in all speeches, the Quaid used the word “an independent homeland” or “an independent Muslim state”.Pakistan and India became dominions on 14 and 15 August 1947 respectivelyby the Indian Independence Act, 1947, based on the Mountbatten Plan of 3 Junepassed by the parliament of the UK on 18 July. Keeping in view the atrocities being committed by RSS, a militant wing of BJP in Indian Illegally occupied Kashmir (IIoK), and minorities especially Muslims in all over Indianot being allowed to practice religion freely, havevery sturdily substantiated the decision of AIML to fight for a separate state for Muslims. It elucidates their political acumen and far-sightedness. 

Pakistan remained a dominion for about nine years till thefirst constitution as the Islamic Republic of Pakistan was adopted on 23 March 1956.Thereafter 23 March was celebrated as “Republic Day” (Yome Jamhooria)every year to commemorate the Lahore resolution and adoption of the constitution.   After the imposition of martial law by Ayub Khan in Oct 1958,it is being celebrated as“Pakistan Day”. Probably the plotter of the coup could not celebrate constitutionalism and democracy on March 23 so ‘Republic Day’ was replaced with ‘Pakistan Day.  The main feature is a three-servicesparade in Islamabad followed bythe display of military weapons and equipment. Floats of the provinces also march past. The flypast by Army and Navy combat aircraft displaying their weapons and equipment.The flypast by PAF fighters and aerobatic.

The celebrations are spread over about two and half hours.Pakistan Day has taken the shape of a Defense Day which was not originally intended. Moreover, Army, Navy, and Air Force organize their respective Defense Days on 6,8, and 7 Septemberevery year. The events of the Pakistan Day parade give an impression especially to civilians that military strength is the only most important component of national power. The remaining such as economic capacity, natural resources, industrial capacity, national cohesion, political structure, and leadership, etc. which are also very vital needs to be given projection. Therefore, parade proceedings may be modified to include more participation of civilian-related events. The latest inventory and indigenously developed weapons and equipment may be displayed to reduce timings. The PAF fighters may only carry out professional flypast andaerobatic performance similar to the aerobatic display team, like “Red Arrow “may be excluded. It is pertinent to mention that most of the countries have prohibited aerobatic display in public places to avoid any untoward incident. It is suggested that floats carrying students who have topped in the boards and universitiesand have done distinct research work in the past year may be added. Similarly,floats carrying civilians who have been awarded Pride of Performance and other awards, businessmen who have been bestowed awards, sportsmen who have brought honors for Pakistan may also be included.  Few industrial floats may also be added with indigenously manufactured machinery and other items.Floats carrying agricultural products and livestock may also be considered.Citations are read as the float passes the dais. Moreover, in Islamabad and the provincial capitals industrial exhibitions may be organized which may include indigenously developed machinery and other items.The civilian participation in Pakistan Day celebrations will certainly add colors and act as a source of pride for them as well as for the nation.

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Ancestral Lineage of Hazaras: from Afghanistan to Pakistan

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While the origins of Hazaras are much debated, opinions differ when it comes to the ancestral lineage of Hazara community. According to some historians, Hazaras are the original inhabitants of Hazarajat (now central Afghanistan).Among Hassan Pouladi, Prof. Shah Ali Akbar, Fletcher, and Abdul HaiHabibi, J. P. Ferrier who was a renowned French scholar was the first who argued based on his explanations of the Greek historian Quintus Curtius about the battles of Alexander the Great and his travels to these areas, now Afghanistan that Hazaras were native inhabitants of Afghanistan since the time of Alexander the Great and have not migrated from any other places to this land.

Whereas, according to some, Hazaras have Mongolian ancestry under Genghis Khan. This notion that Hazaras have Mongolian origin takes its origin in the 19th century when European came to Afghanistan, and they distinguish people with Mongolian featured faces among other Caucasian faces. Hazaras were originally represented by the word ‘Ozala’ or ‘Hosala’ which, with the passing of time became ‘Hazara’. The very word ‘Hazara’ then was used to refer to the counting system in the armed forces of Genghis Khan i.e. ‘hazara’ that meant thousand, which comprised one level of the troops.

Yet, few opinionate, Hazaras have Persian and Turko-Mongolian ancestry. According to a report they descended from Genghis Khan’s Army that mixed with Persian and Turkic locals whom as a result of conflict had been settled in now Hazara inhabited areas of Afghanistan.

Nevertheless, some think, Hazaras have ancestral lineage with theKushan Dynasty that goes back two millennia when Bamiyan in Afghanistan was home to the largest statues of ancient Buddhist civilization. Patrons of this idea highlight the similar facial features of Hazaras to those of Buddhist murals and statues in the region. Whilst, some of the Hazaras believe that they are the descendants of one of the sons of Noah.

Although, all the above mentioned theories might differ when it comes to ancestral lineage of Hazara community, but they have one thing in common and that is the land of Hazaras which now constitute parts of Afghanistan, Iran, and Pakistan. People of Hazaras settled in the mountainous regions of central Afghanistan as early as the 19th century, with the majority of their inhabitants living in Hazarajat (the land of Hazara), which is situated in the rough central mountainous core of Afghanistan with an area stretch over 50,000 sq.km.The Hazaras speak a dialect of Persian (Dari dialect) that is called Hazaragi. Hazaragi was one of the two largest languages of Afghanistan. Hazaragi includes many Mongolian and Turkic words, which also maintains the theory that they have Mongolian ancestry.

Afghanistan is a multi-ethnic country with almost 8 major and 10 minor different ethnic groups; among major ethnic groups are Pashtun, Tajiks, and Hazaras etc. Hazaras were once the largest ethnic group in Afghanistan and constituted approximately 67% of the total population, but today their population hardly makes up around 9% of Afghan population. The reason for their massacred lies in their off target political action when they backed the wrong candidate in the accession struggle in the late 19th century, that had changed the life of Hazaras and their role in Afghan politics and ultimately in Afghan government.

Reports from the 20th century depict that arm forces of Afghanistan made pyramids out of Hazaras heads after some of the massacres, as a form of warning to the remaining Hazaras, yet this could not be regarded as the last savage and barbaric government repression of the Hazaras. Towards the end of 20th century during the rule of Taliban in Afghanistan, government specifically targeted the Hazaras for persecution and even genocide. This brutal history of persecution of Hazaras in Afghanistan resulted in killing more than half of their population with some migrating to neighboring countries like Pakistan and Iran.

Whereas, according to historical evidence migration of Hazaras from Afghanistan to Baluchistan province, Pakistan took place about 150 years ago, initially due to economic purposes. But mass migration of Hazara population took place in the late 19th century, mainly due to their persecution and targeted killing at the hands of different afghan rulers and Taliban government that forced them to migrate to Pakistan, and so they settled here.

In Pakistan, the estimated number of people of Hazara community is between 0.6-0.9 million, living and residing in different parts of the country including Karachi, Parachinar, Sanghar, Nawabshah, Hyderabad, also in different parts of GilgitBaltistan and Punjab. In Baluchistan province, the bulk of Hazara population are residing in Quetta and other parts of Baluchistan such as Sanjawi, Much, Zhob, Harnai, Loralai, and Dukki, where their population makes up around 0.4-0.5 million.Unfortunately, along with their migration, the Hazara community brought with them the history of their persecutions based on their ethnicity, religious orientation of sect and also their ethnically unique facial curvatures, and so, their tenure of oppression at the hands Taliban and other terrorist organization like Lashkar-e-Jhangvi, Sipah Sahabah, al-Qaeda and other Sunni radical militants organization that also includes ISIS in its list is on-going in Pakistan.

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