Politics

Impact of Divisive Politics on Kashmir – JURIST

Published

4 years ago

May 28, 2020

JURIST Guest Columnists Shreya Devgan, a student at Symbosis Law School, Pune, India, discusses recent political developments in Kashmir…

I believe in Amartya Sen’s idea of identity being a composition of multiple affiliations: nationality, language, religion, profession, neighborhood, social commitments, and other connections. I see myself belonging to a lot of groups by virtue of my affiliations: I am a Punjabi from West Punjab (Pakistan) with roots in Kashmir. I strongly admire the cultures of Gujarat and Kerala. I am a feminist. I am a victim of capitalism who believes in socialism. I connect with left or center-left political parties. I believe in Sufism. I am a law student. I don’t like music. I love dark chocolates. I believe that the success of civilization lies in peaceful co-existence. After having written all that, I still think these attributes don’t define my identity. I don’t belong to just one group over others and I might belong to more groups than already mentioned above. Central to my dignity and my harmonized existence with others is the exercise of choice with regard to my affiliations. This right to exercise choice and reasoning relating to one’s affiliations comes with the liberty intrinsic in all human beings. Resentment and even violence arise when we disrespect the inevitability of our plural identities when we adopt the solitarist approach of identity as is advocated by radical political leaders while they capitalize on divisive agenda so they can feed off our insecurities and gain votes. Our thoughts and actions have been to the likes of these leaders. The solution to such differences in the society also lies in ensuring that state action does not stifle aspects of our identity that can lead to insecurities and resentment (the recent domicile laws for Kashmir).

Solitarist approach to identity is an approach in which human beings are seen as members of exactly one group defined by their native civilization or religion. This approach disregards the liberty we exercise in determining our social connections, economic and cultural pursuits, and our political status which is directly manifested in Article 1 of the Charter of the United Nations as the right to self-determination. The diabolical exercise of power in Kashmir does not let the “self” develop which is detrimental to the sense of individuality, cultural diversity, and cooperative action within a community. Mill’s idea of liberty does not define “harm” but it insists that only those actions that are perceived to occasion hurt to an individual apart from the actor can be made the subject of coercion by the society. However, in the name of maintaining security and curbing terrorism, the internet clampdown in Kashmir spanned for over 6 months after the revocation of Article 370 which was the longest restriction on Internet imposed by a democracy worldwide over and it led to the loss of 500,000 jobs and 2.4 billion dollars according to Kashmir Chamber of Commerce and Industry. The Supreme Court of India in January 2020 held access to the internet a fundamental right (Article 19 (1) (a) and Article 19 (1) (g)) in consonance with the UN recommendation but in response to a petition filed by the Foundation for Media Professionals in the Supreme Court seeking restoration of 4G internet services, the government responded saying that access to the internet is not a fundamental right in itself and is only an enabler of the fundamental right.

Section 4 of the Armed Forces Special Powers Act 1950 allows even a non-commissioned officer to issue orders to their subordinates to shoot/kill someone the officer perceives as an interruption to the maintenance of public order. In recent times, public order has also been used to justify mosque closure restrictions imposed on Dargah Hazratbal, Khwaja Naqashband Sahab shrine, and Charar-i-Sharief. It was only a few months back on December 20 that Friday prayers were offered at Jama Masjid, Srinagar after a gap of 19 weeks. This wasn’t simply a violation of the right to freely profess, practice, and propagate religion under Article 25, but was also an inhumane act. Public order is an order that is characterized by the peaceful, rational, respectful, and orderly behavior of the people in a public place. However, it is extremely difficult for me to accept as public order an order imposed against the will of the people and at the cost of their fundamental rights.

The history of elections in Kashmir tells a similar tale of manipulation of the voices of Kashmir, from letting only limited legislative assembly seats to be contested, to not even allowing opposition parties to file nominations at all; ensuring democracy and building Indian nationalism seemed as incompatible goals. In the 1987 elections, the local political expression embodied by the Muslim United Front was suppressed, it lost even after it had secured a majority of votes and the leaders were imprisoned as “anti-nationals” by the new government. This was the determining factor that went on to shape the steps people adopted to pursue their political will as the ballot had clearly betrayed them, a practice as democratic as an election was vitiated by malfeasance and fraud.

The Home Minister Amit Shah very conveniently justified abrogation of Article 370, however, the argument that Article 370 is a temporary provision is not tenable as Clause 7 of the Instrument of Accession clearly lays out that the Instrument does not serve as a commitment for acceptance of the Indian constitution in the future. It might be debated that this decision is not in violation of Article 370 (3) as an amendment was made to Article 367 and not to Article 370 but we know how it is just another way of saying that Article 370 was indirectly amended. The power of the President was justified using Article 370 (1) through which Article 370 (3) was amended by adding sub-clause (4) to Article 367 (that lays down guidelines for interpretation of the Constitution) in order to replace “Constituent Assembly of the State” referred to in clause (2) of Article 370 as “Legislative Assembly of the State”. Moreover, justifying the abrogation by proving support of the Governor of J&K as a replacement to the concurrence of the state of J&K is futile as Governor is a representative of the Central Government and Centre cannot take its own permission to abrogate Article 370.

Military initiatives in Kashmir are characterized by: enforced disappearances, rapes (Kunan-Pashpora rape), killings of protestors and civilians, use of tear gas as a crowd control mechanism, and pellet gun injuries borne by youth and children. Military initiatives implemented without adequate measures to protect civilians from violence, without supplying sufficient basics of life such as food, water, electricity, medicine, communication, and internet services are not counter-productive merely for creating further hostilities within people but can at best be called inhumane. I continue to believe that it is only right to focus on improving the lives of the people instead of flaunting vigor of the state/ robustness of the army in Kashmir because the latter allows even the most peace-loving people to perceive violence as justified on grounds of self-preservation. An army can fight an army but an army cannot fight the masses. The solution lies in letting go of the vitriolic and solitarist approach we use for the Kashmiris, systemic violence as a result of resentment should not be challenged militarily but be addressed by democratic processes like elections, protests, online and offline discussions, unrestricted discourse focusing on civil paths to peace using the machinery of the judiciary, civil society, and media. We should be prepared to face the hostilities resulting from their life long struggle with oppression.

Shreya Devgan is a law student at Symbiosis Law School, Pune, India.

Suggested citation: Shreya Devgan, Impact of Divisive Politics on Kashmir, JURIST – Student Commentary, May 28, 2020, https://www.jurist.org/commentary/2020/05/shreya-devgan-divisive-politics-kashmir/.

This article was prepared for publication by Brianna Bell, a JURIST Staff Editor. Please direct any questions or comments to her at commentary@jurist.org

Opinions expressed in JURIST Commentary are the sole responsibility of the author and do not necessarily reflect the views of JURIST’s editors, staff, donors or the University of Pittsburgh.

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Politics

‘Disgraceful:’ N.S. Tory leader slams school’s request that military remove uniform

Published

1 day ago

November 8, 2024

Anne Joseph

HALIFAX – Nova Scotia Premier Tim Houston says it’s “disgraceful and demeaning” that a Halifax-area school would request that service members not wear military uniforms to its Remembrance Day ceremony.

Houston’s comments were part of a chorus of criticism levelled at the school — Sackville Heights Elementary — whose administration decided to back away from the plan after the outcry.

A November newsletter from the school in Middle Sackville, N.S., invited Armed Forces members to attend its ceremony but asked that all attendees arrive in civilian attire to “maintain a welcoming environment for all.”

Houston, who is currently running for re-election, accused the school’s leaders of “disgracing themselves while demeaning the people who protect our country” in a post on the social media platform X Thursday night.

“If the people behind this decision had a shred of the courage that our veterans have, this cowardly and insulting idea would have been rejected immediately,” Houston’s post read. There were also several calls for resignations within the school’s administration attached to Houston’s post.

In an email to families Thursday night, the school’s principal, Rachael Webster, apologized and welcomed military family members to attend “in the attire that makes them most comfortable.”

“I recognize this request has caused harm and I am deeply sorry,” Webster’s email read, adding later that the school has the “utmost respect for what the uniform represents.”

Webster said the initial request was out of concern for some students who come from countries experiencing conflict and who she said expressed discomfort with images of war, including military uniforms.

Her email said any students who have concerns about seeing Armed Forces members in uniform can be accommodated in a way that makes them feel safe, but she provided no further details in the message.

Webster did not immediately respond to a request for comment.

At a news conference Friday, Houston said he’s glad the initial request was reversed but said he is still concerned.

“I can’t actually fathom how a decision like that was made,” Houston told reporters Friday, adding that he grew up moving between military bases around the country while his father was in the Armed Forces.

“My story of growing up in a military family is not unique in our province. The tradition of service is something so many of us share,” he said.

“Saying ‘lest we forget’ is a solemn promise to the fallen. It’s our commitment to those that continue to serve and our commitment that we will pass on our respects to the next generation.”

Liberal Leader Zach Churchill also said he’s happy with the school’s decision to allow uniformed Armed Forces members to attend the ceremony, but he said he didn’t think it was fair to question the intentions of those behind the original decision.

“We need to have them (uniforms) on display at Remembrance Day,” he said. “Not only are we celebrating (veterans) … we’re also commemorating our dead who gave the greatest sacrifice for our country and for the freedoms we have.”

NDP Leader Claudia Chender said that while Remembrance Day is an important occasion to honour veterans and current service members’ sacrifices, she said she hopes Houston wasn’t taking advantage of the decision to “play politics with this solemn occasion for his own political gain.”

“I hope Tim Houston reached out to the principal of the school before making a public statement,” she said in a statement.

This report by The Canadian Press was first published Nov. 8, 2024.

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Politics

Saskatchewan NDP’s Beck holds first caucus meeting after election, outlines plans

Published

1 day ago

November 8, 2024

Anne Joseph

REGINA – Saskatchewan Opposition NDP Leader Carla Beck says she wants to prove to residents her party is the government in waiting as she heads into the incoming legislative session.

Beck held her first caucus meeting with 27 members, nearly double than what she had before the Oct. 28 election but short of the 31 required to form a majority in the 61-seat legislature.

She says her priorities will be health care and cost-of-living issues.

Beck says people need affordability help right now and will press Premier Scott Moe’s Saskatchewan Party government to cut the gas tax and the provincial sales tax on children’s clothing and some grocery items.

Beck’s NDP is Saskatchewan’s largest Opposition in nearly two decades after sweeping Regina and winning all but one seat in Saskatoon.

The Saskatchewan Party won 34 seats, retaining its hold on all of the rural ridings and smaller cities.

This report by The Canadian Press was first published Nov. 8, 2024.

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Politics

Nova Scotia election: Liberals say province’s immigration levels are too high

Published

2 days ago

November 7, 2024

Anne Joseph

HALIFAX – Nova Scotia‘s growing population was the subject of debate on Day 12 of the provincial election campaign, with Liberal Leader Zach Churchill arguing immigration levels must be reduced until the province can provide enough housing and health-care services.

Churchill said Thursday a plan by the incumbent Progressive Conservatives to double the province’s population to two million people by the year 2060 is unrealistic and unsustainable.

“That’s a big leap and it’s making life harder for people who live here, (including ) young people looking for a place to live and seniors looking to downsize,” he told a news conference at his campaign headquarters in Halifax.

Anticipating that his call for less immigration might provoke protests from the immigrant community, Churchill was careful to note that he is among the third generation of a family that moved to Nova Scotia from Lebanon.

“I know the value of immigration, the importance of it to our province. We have been built on the backs of an immigrant population. But we just need to do it in a responsible way.”

The Liberal leader said Tim Houston’s Tories, who are seeking a second term in office, have made a mistake by exceeding immigration targets set by the province’s Department of Labour and Immigration. Churchill said a Liberal government would abide by the department’s targets.

In the most recent fiscal year, the government welcomed almost 12,000 immigrants through its nominee program, exceeding the department’s limit by more than 4,000, he said. The numbers aren’t huge, but the increase won’t help ease the province’s shortages in housing and doctors, and the increased strain on its infrastructure, including roads, schools and cellphone networks, Churchill said.

“(The Immigration Department) has done the hard work on this,” he said. “They know where the labour gaps are, and they know what growth is sustainable.”

In response, Houston said his commitment to double the population was a “stretch goal.” And he said the province had long struggled with a declining population before that trend was recently reversed.

“The only immigration that can come into this province at this time is if they are a skilled trade worker or a health-care worker,” Houston said. “The population has grown by two per cent a year, actually quite similar growth to what we experienced under the Liberal government before us.”

Still, Houston said he’s heard Nova Scotians’ concerns about population growth, and he then pivoted to criticize Prime Minister Justin Trudeau for trying to send 6,000 asylum seekers to Nova Scotia, an assertion the federal government has denied.

Churchill said Houston’s claim about asylum seekers was shameful.

“It’s smoke and mirrors,” the Liberal leader said. “He is overshooting his own department’s numbers for sustainable population growth and yet he is trying to blame this on asylum seekers … who aren’t even here.”

In September, federal Immigration Minister Marc Miller said there is no plan to send any asylum seekers to the province without compensation or the consent of the premier. He said the 6,000 number was an “aspirational” figure based on models that reflect each province’s population.

In Halifax, NDP Leader Claudia Chender said it’s clear Nova Scotia needs more doctors, nurses and skilled trades people.

“Immigration has been and always will be a part of the Nova Scotia story, but we need to build as we grow,” Chender said. “This is why we have been pushing the Houston government to build more affordable housing.”

Chender was in a Halifax cafe on Thursday when she promised her party would remove the province’s portion of the harmonized sales tax from all grocery, cellphone and internet bills if elected to govern on Nov. 26. The tax would also be removed from the sale and installation of heat pumps.

“Our focus is on helping people to afford their lives,” Chender told reporters. “We know there are certain things that you can’t live without: food, internet and a phone …. So we know this will have the single biggest impact.”

The party estimates the measure would save the average Nova Scotia family about $1,300 a year.

“That’s a lot more than a one or two per cent HST cut,” Chender said, referring to the Progressive Conservative pledge to reduce the tax by one percentage point and the Liberal promise to trim it by two percentage points.

Elsewhere on the campaign trail, Houston announced that a Progressive Conservative government would make parking free at all Nova Scotia hospitals and health-care centres. The promise was also made by the Liberals in their election platform released Monday.

“Free parking may not seem like a big deal to some, but … the parking, especially for people working at the facilities, can add up to hundreds of dollars,” the premier told a news conference at his campaign headquarters in Halifax.

This report by The Canadian Press was first published Nov. 7, 2024.

— With files from Keith Doucette in Halifax

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