By Deepti Gulati
"What would John Rawls think about Kashmiris’ resorting to Stone pelting in the 1980's. Would he justify the implementation of AFSPA".
As conceptualised by Sumantra Bose in his book “Kashmir at the crossroads,” the historical antagonism between India and Pakistan over Kashmir’s territorial dispute is the fundamental cause of the conflict. However, Bose argues that the central driver in recent decades has shifted, he contends that the ongoing state of exception in Jammu and Kashmir, particularly the harsh implementations across the valley have become the primary factors fuelling the conflict giving birth to armed insurgency. The political regime implemented the Armed Forces Special Powers Act (AFSPA) in response to the sudden rise in the insurgency. AFSPA grants sweeping powers of search and lethal force to Indian security forces along with broad legal immunities. Following the collapse of the peace resolution talks between India and Pakistan in 2008, a new phase emerged marked by the rise of stone pelting protesters rather than armed insurgency. AFSPA has had a profound impact on the Kashmiri population significantly limiting their fundamental rights and freedoms.
Emerging from a period of a significant social and political conflict during 1990s a new youth cohort self-identified as a “Generation raised amid conflict” This cohort resorted to stone throwing as a form of resistance, notably 2010 marked a turning point in the Kashmiri Resistance. This shift from armed insurgency to mass stone pelting signifies a strategic change that demands a deep examination of the undercurrents and the motivation behind it. These young adults grew up in an environment marked by Limited Civil Liberties that led to a very deep-rooted feeling of alienation and resentment. The pervasive nature of the political violence within their everyday experiences produced a profound sense of socio-economic alienation among this youth cohort. The stone pelting was the manifestation of the prolonged suppression of anger and despair reflecting an expression of solidarity in the community.
AFSPA is a system that perpetuates fear and disadvantage among the Kashmiri people. Particularly the youth. It has not only hampered their emotional and social development but has also hampered their economic development. The implementation of Armed forces special powers act in Kashmir presents stark contrast to John Rawls principles of Justice. AFSPA’s implementation demonstrably suspends fundamental rights, effectively eliminating the choices of Kashmiri’s. By 2015, approximately 70,000 Kashmiris had lost their lives in the conflict and 8000 people had been reported missing as evidenced by Tambri Housen. et.al in an article published National library of Medicine providing compelling evidence of the magnitude of devastation on the Kashmiri population. Moreover, in 2011, a study by Mercy Corps in Kashmir revealed the social and psychological consequences of high youth unemployment, the study found out that young people facing unemployment often experience a range of negative emotions including feeling feelings of failure, isolation, and anger. Additionally, they have struggled to achieve social status and experience delays in milestones like marriages. The report further highlights the prevalence of mental health issues such as stress, hopelessness and even substance abuse among the Kashmiri youth. Another prominent group of stone pelters were the “Half Widows”, a title coined for women whose husbands have disappeared in the conflict situation, or during detention by the armed forces under the umbrella blanket of AFSPA. The acts of sever physical and physiological violence by the armed forces led to an unresolved intergenerational unresolved trauma transmitted to their children fostering anger and helplessness. This highlights the complex emotional landscape that contributed to the social unrest.
John Rawls would likely view the Kashmiri’s resorting to stone pelting in 1980s as a manifestation of their desperation and the lack of agency due to the oppressive conditions they faced. Rawls theory of justice particularly his concept of “The Veil of Ignorance”, emphasises fairness and equal basic liberties for all individuals. Free movement, a corner stone of Rawl’s original position where individuals choose without knowing their societal place is significantly curtailed The implementation of the Armed Forces Special Act (AFSPA) in Kashmir, which granted excessive powers to the armed forces at the expense of Kashmiri civilian’s fundamental freedoms would contradict Rawls principles of fairness and equal liberties. Public gatherings and expressions of dissent, crucial for a just society are stifled by the heavy security presence. In analysing the situation through the lens of arbitrariness and lack of fair choice, Rawls would likely condemn the imposition of AFSPA as it created an unjust system of where the armed forces held unchecked power, leaving the Kashmiri people vulnerable to the arbitrary detention, excessive force, and severe limitations on their freedoms. AFSPA fosters an environment antithetical to Rawls principles by enabling detentions without trials, shoot on sight orders , stripping Kashmiri’s of the ability to live securely and plan for the future. The arbitrary division of power not only violated the basic principles of fairness but also stripped the Kashmiri population of their dignity and sense of agency, perpetuating a cycle of oppression and despair. The shift from armed insurgency to stone pelting by the Kashmiri youth signifies a strategic change in the deep-rooted feeling of alienation, resettlement, and the desire for justice. Rawls would argue that the lack of fairness and the oppressive conditions imposed by AFSPA pushed Kashmiri people to resort to stone pelting to reclaim their loss of agency and demand a more equitable society. A constant fear and powerlessness imposed by AFSPA could also be justified as a violation of Rawls principle of equal basic liberties and a fair distribution of social benefits. The existence of nearly 3,844 unmarked graves in border area’s alone- as reported by the Association of parents of the disappeared persons (APDP) to the state human rights commission in 2017. not only robs them of their loved ones, but also the basic human right to mourn and achieve closure. The unmarked graves became a symbol of state impunity inflicting deep psychological trauma transcending into generations. Shadows of the act extend far and beyond arrests and violence. AFSPA suspends the very mechanisms that would allow Kashmiris to participate meaningfully in shaping the society they live in, effectively denying them of the choice to grow and influence their own future.
While John Rawls advocated peaceful resolution to unfairness, he is also likely to acknowledge the desperation and abandonment by the political elites representing them that might have led to stone pelting as a cry for justice to seek international support. The constant fear and powerlessness imposed by AFSPA could also be justified as a violation of Rawls principle of equal basic liberties and a fair distribution of social benefits. Stone Pelting by young Kashmiri’s and women thus could be seen as the act to reclaim their lost sense of agency whilst demanding a more just and equitable society.
Rawls would also advocate that the starting point itself was unjust for Kashmiri’s particularly those who were born after the partition. Kashmiri locals witnessed decades of violence both political and cultural, which robbed them of educational opportunities widening the socioeconomic disparity with a trickledown impact resulting in unemployment and fewer opportunities as compared to the other parts of the Indian territory. This experience further exacerbated feelings of marginalisation among the already disadvantaged Kashmiri population, leading to a pervasive sense of despair. According to a world bankWorld Bank report (2020) titled Kashmir’s economic landscape: Reinvigorating growth and inclusivity, highlighting the economic. It stated that Kashmir’s per capita GDP is significantly lower than the national average. Yet another report published by Kashmir chamber of commerce and industry (KCCI) in 2018 reported that unemployment in Kashmir is at an unimpressively high of 21.4%.
John Rawl’s cry for fairness in Kashmir for Kashmiri’s
John Rawls theory of Justice exposes a glaring truth, The Kashmiri’s are denied the very foundation of a just society. The states action, particularly implementing AFSPA created a system that titled towards the Indian armed forces stripping the locals of their dignity, basic freedom, and a fair shot of prosperity. The Rawlsian approach would demand dismantling AFSPA and upholding the fundamental rights of the Kashmiri’s. Shadows of the act extends far and beyond arrests and violence, effectively silencing dissent and suffocating any sense of agency among Kashmiri’s. This has resulted in breeding of a generation that has known nothing but conflict and oppression hindering the social and emotional development of local Kashmiri’s manifesting its roots in loss of trust in the governing institutions. Thus rendering their “Social endowment to be grossly unfair”. Rawls emphasised on a shared sense of justice for a society to function, when political elites’ priorities themselves over a collective good, they undermine the legitimacy of the democratic system. Taking advantage of the vulnerable for personal gains violates the core idea of “Fairness”.
Limited educational opportunities and lack of reservation/representation of the local Kashmiri’s (both Pandits and Muslims) has led to a stifled economy and creating a bleak future for the future generations. This lack of fair chance contradicts the Rawls principles.
The future of Kashmir hinges upon a commitment to fairness and justice. The Onus lies on the Indian Government (a Hindu Nationalist Party) to ensure the voices of Kashmiri people are heard and their grievances are addressed, with a significant representation in the political systems. To address the problem effectively, it is crucial to dismantle AFSPA and uphold the fundamental rights of the Kashmiri people. By ensuring fairness, justice and equal opportunities for all Kashmiris, a more just and peaceful future can be achieved. This requires a commitment from the Indian Government to listen to the voices of the Kashmiri people, their grievances and provide them with significant representation in the political systems, in line with Rawls Principles of justice and fairness. To achieve a more just and a peaceful future in Kashmir, it is crucial to dismantle AFSPA and uphold the fundamental right of the Kashmiri people. However, this can only be the starting point. Addressing the historical antagonism between India and Pakistan improving the socio-economic conditions and ensuring significant representation in the political systems for the Kashmiri people are also essential to achieving a more just and peaceful future for the region.
About the Author
Deepti is second year Master in Public Policy student at the Jindal School of Government and Public Policy with an undergrad in business administration. Her research interests include gender, intersection in environment and health, monitoring and evaluation.
References:
Trauma in the Kashmir Valley and the mediating effect of stressors of daily life on symptoms of posttraumatic stress disorder, depression and anxiety doi: 10.1186/s13031-019-0245-6
Mercy Corps. Youth entrepreneurship in Kashmir: challenges and opportunities. https://www.mercycorps.org/research-resources/youth-entrepreneurship-kashmir-challenges-and-opportunities: Mercy Corp, 2011.
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