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This is an archive article published on August 16, 2002

Democracy and coercion

Kashmir may be the most serious problem the country faces today but going by the way the Centre has been addressing it, the objective remain...

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Kashmir may be the most serious problem the country faces today but going by the way the Centre has been addressing it, the objective remains quick and temporary relief rather than a lasting remedy. Delay, rather than resolution, is the focus of these shortsighted efforts.

Take the issue of interlocutors. Kashmir has seen dozens of them in the past few years 8212; both those nominated by the government and those who claimed to have the blessings of New Delhi. There is a joke in Valley about the Centre8217;s interlocutors changing with the seasons of the year.

The first interlocutor to travel to Kashmir was R.K. Mishra; he had no formal mandate. He came to Kashmir several times and talked, only to fall silent after a while. Last summer saw deputy chief of Planning Commission K.C. Pant nominated as the government8217;s official negotiator. He arrived in Srinagar and announced himself open to everybody who wanted to talk.

His efforts failed to attract the main separatist conglomerate, the Hurriyat Conference. But he met a few former militant commanders and leaders in the guest house overlooking the scenic Dal lake. His stay in Kashmir certainly helped him and his family to get out of the Delhi heat for a few days on government expense. He left the Valley, claiming it was the beginning of a serious process, and never returned. What happened to that process, nobody knows, and nobody bothered to follow it up in Kashmir. Another interlocutor had already arrived.


As the first fissures surface in the Jethmalani-Hurriyat dialogue even before it
takes shape, one wonders who the next Kashmir interlocutor will be

Senior Kashmir bureaucrat Wajahat Habibullah8217;s trip was shrouded in mystery. He never acknowledged any brief from Delhi. He did hold a meeting with Hurriyat chairman Abdul Gani Bhat one night, capturing the headlines for a few days. Bhat claims they talked of 8216;8216;Delhi8217;s weather8217;8217;.

By the time Habibullah retired to Mussoorie, where he heads the IAS academy, it was winter in Kashmir. The weather had changed, and so had the interlocutor. This time, the prime minister8217;s Kashmir point man A.S. Dullat made the rounds of Srinagar, meeting the separatist leadership. Although his efforts made inroads into the Hurriyat executive, and raised dust across Kashmir8217;s political spectrum, there was no visible outcome.

After a few months of hectic activity, Dullat too was overshadowed by the former law minister, Ram Jethmalani, who has formed a Kashmir Committee. He also met with the deputy prime minister to exhibit his locus standi as a private interlocutor with official blessings. The separatists, who had been shying away publicly from talks, have shown excitement. But the question is, what will the talks be about? Jethmalani appeals to the separatists to join the fray even as the Hurriyat distances itself from the electoral process and talks only of separatism. Through it all, former diplomat Salman Haider has run a separate show holding Ford Foundation-sponsored seminars on conflict resolution at Chandigarh, attended by a few Kashmiri separatists and Pakistanis. Nothing substantial has come out of that either.

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As the first fissures start surfacing in the Jethmalani-Hurriyat dialogue process even before it takes any shape, one wonders who will be the next Kashmir interlocutor. Going by tradition, it will be the turn of a Delhi based retired diplomat or a jobless politician deemed close to the PM.

The other process being simultaneously pursued is the conduct of 8216;free and fair8217; polls which remains an exclusively official business. Ironically, the conduct of polls and the negotiations with separatists remain two different issues. If the Centre8217;s efforts to talk to separatists irritates mainstream political parties like the National Conference, the election issue has the same effect on the separatists.

So how does the government pursue these elections, ostensibly aimed at restoring the people8217;s confidence in democratic traditions? Are the polls in Kashmir part of a process to establish an accountable popular rule or a mere state instrument to prove that all is well in this violence riddled valley? If the beginning of this process suggests anything, it runs contrary to the very basics of democratic traditions.

These are the second elections after violence erupted in Kashmir in 1989. Their significance is much more than even the 1996 polls which saw an end to six years of governor8217;s rule in Kashmir. Each side might hold different views as to why a separatist sentiment has smouldered in the Valley for five decades but nobody disputes one fact: it is the way in which the electoral processes were tampered with that took the lid off the discontent, turning it into a violent separatist campaign. The 1987 elections are a vivid example of how a choked political opposition took the extreme option because it was denied a rightful space in the electoral process.

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Today, the Election Commission maintains that though acquiring the special voter identity card is a good idea, it is not mandatory. Legally, the card is not a compulsory tool of identification even for exercising one8217;s franchise. But in the streets of Kashmir, all other identity cards have been rendered invalid and if anybody fails to produce this special card, he is automatically a suspect. Who has issued these instructions and what does it achieve? Nobody knows. The police top brass even deny the fact that people are ever asked to produce their identification.

Proving one8217;s identity before the security personnel became mandatory in Kashmir 8212; even as it had no legal justification 8212; ever since violence erupted. Over the years, people, especially the men folk, have become so used to it that it is a prized possession for every Kashmiri. Mothers might forget to ask their sons to eat but they will not forget to remind them to carry their identity cards when they step out of their homes.

The only possible justification for forcing people to rush to the local municipal and revenue offices to procure these cards is to exhibit the people8217;s participation in the electoral process. But, in the process, the government revives yet again that old question: can democracy be enforced through coercion?

Muzamil Jaleel is a Deputy Editor at The Indian Express and is widely recognized as one of India’s most authoritative voices on Jammu & Kashmir, national security, and internal affairs. With a career spanning over 30 years, he has provided definitive on-the-ground reportage from the heart of the Kashmir conflict, bearing witness to historic political transitions and constitutional shifts. Expertise and Investigative Depth Muzamil’s work is characterized by a rare combination of ground-level immersion and high-level constitutional analysis. His expertise includes: Conflict & Geopolitics: Decades of reporting on the evolution of the Kashmir conflict, the Indo-Pak peace process, and the socio-political dynamics of the Himalayan region. Constitutional Law: Deep-dive analysis of Article 370 and Article 35A, providing clarity on the legal and demographic implications of their abrogation in 2019. Human Rights & Accountability: A relentless investigator of state and non-state actors, uncovering systemic abuses including fake encounters and the custodial death of political workers. International War Reporting: Beyond South Asia, he provided on-the-spot coverage of the final, decisive phase of the Sri Lankan Civil War in 2009. Landmark Exposés & Impact Muzamil’s reporting has repeatedly forced institutional accountability and shaped national discourse: The Kashmir Sex Scandal (2006): His investigative series exposed a high-profile exploitation nexus involving top politicians, bureaucrats, and police officers, leading to the sacking and arrest of several senior officials. Fake Encounters: His reports blew the lid off cases where innocent civilians were passed off as "foreign terrorists" by security forces for gallantry awards. SIMI Investigations: He conducted a massive deep-dive into the arrests of SIMI members, using public records to show how innocuous religious gatherings were often labeled as incriminating activities by investigative agencies. The Amarnath Land Row: Provided critical context to the 2008 agitation that polarized the region and altered its political trajectory. Over the years, Muzamil has also covered 2002 Gujarat riots, Bhuj earthquake, assembly elections in Bihar for Indian Express. He has also reported the peace process in Northern Ireland, war in Sri Lanka and national elections in Pakistan for the paper. Awards and Fellowships His "Journalism of Courage" has been honored with the industry's most prestigious accolades: Four Ramnath Goenka Awards: Recognized for J&K Reportage (2007), On-the-Spot Reporting (2009), and Reporting on Politics and Government (2012, 2017). Kurt Schork Award: From Columbia University for international journalism. Sanskriti Award: For excellence in Indian journalism and literature. IFJ Tolerance Prize: For his empathetic and nuanced reporting in South Asia. International Fellowships: Served as a visiting scholar at UC Berkeley and worked with The Guardian, The Observer, and The Times in London. He has also received Chevening fellowship and a fellowship at the Institute of Social Studies, Hague, Netherlands. Professional Presence Current Location: New Delhi (formerly Bureau Chief, Srinagar). Education: Master’s in Journalism from Kashmir University. Social Media: Follow him for field insights and rigorous analysis on X (Twitter) @MuzamilJALEEL. ... Read More

 

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