Srinagar, Aug 24: Pakistan’s 2018 summer experiments might have led to Kashmir’s 2019 autumn fallout, the book ‘370: Undoing the Unjust, A New Future for J&K’ published by BlueKraft Digital Foundation claims.
It suggests that the Pakistan’s May 2018 experiment of Gilgit-Baltistan Order and a similar experiment of June 2018 of the 13th Amendment to the ‘Azad Jammu and Kashmir Interim Constitution’ of 1974 that aimed at consolidating Pakistan’s control over the other side of Kashmir by transferring powers away from the elected assembly and government directly to the Pakistan government might have triggered the abrogation of Article 370.
In the chapter ‘Sacrificing Government, Enhancing Democracy’ on page 275, the book, whose foreword is written by Prime Minister Narendra Modi, mentions that for ‘Countering Pakistan’s Nefarious Actions in PoJK’, “India has consistently responded, in a resolute fashion, to Pakistan’s persistent efforts to disrupt the status quo in the illegally claimed and occupied PoJK region. A crucial episode in this ongoing saga unfolded in May 2018, when Pakistan, under the caretaker government of Prime Minister Shahid Khaqan Abbasi, made an attempt to tighten its grip on Gilgit-Baltistan and PoJK. The Gilgit-Baltistan Order was passed as an audacious move to alter the institutional arrangement created by Pakistan in the occupied territory and integrate ‘the territory in all but name with Pakistan’. The order granted some of the most important legislative functions for Gilgit-Baltistan directly to the prime minister of Pakistan.”
The ‘GB Order 2018’ is seen as a rollback of the autonomy of Gilgit-Baltistan, consolidating Pakistan’s direct control over the region. It replaced the GB Empowerment and Self-Governance Order 2009, taking away the limited autonomy that had been granted earlier. The GB Order also ensured that the powers earlier vested in the Gilgit-Baltistan Council with the local representation were shifted to the Prime Minister of Pakistan, who was given absolute powers to make laws for Gilgit-Baltistan on any subject, overriding the Gilgit-Baltistan Legislative Assembly. According to the GB Order, the courts of Gilgit-Baltistan were recognised as equivalent to provincial high courts but under federal jurisdiction, extended most fundamental rights of Pakistan’s Constitution to Gilgit-Baltistan, and the GB Assembly’s role was reduced to more of an advisory and administrative function since the PM’s orders had overriding power.
The book mentions that, alarmed at the development, India’s National Security Adviser, Ajit Doval, briefed Prime Minister Narendra Modi, expressing apprehension over the ‘GB Order 2018’, “which was a blatant violation of established provisions”.
“Modi, in unequivocal terms, directed the NSA to put a stop to this infringement. His direction to Doval ‘Mahol Banao’ (create favourable conditions) was a call for a comprehensive strategy to the Indians in Jammu and Kashmir, that Pakistan was attempting to erode the Kashmiri identity. Modi insisted that Pakistan’s acts potentially dilute anti-India sentiments in PoJK as well,” the book mentions. “However, Pakistan did not stop at the Gilgit-Baltistan Order. A few weeks later, it issued a similar order for PoJK. In June 2018, Pakistan passed the 13th Amendment to the ‘Azad Jammu and Kashmir Interim Constitution’ of 1974, which provided a governance framework for PoJK. This amendment aimed at consolidating Pakistan’s control over PoJK by transferring powers away from the elected assembly and the PoJK government directly to the Pakistan government. The amendment reduced PoJK to the status of any other province in Pakistan without representation in the National Assembly. It also created the Council of Islamic Ideology, which shrunk political space for the territory and religious freedom for its minorities.”
However in reality, while the ‘GB Order 2018’ took away autonomy of Gilgit Baltistan and strengthened Islamabad, the 13th Amendment to the ‘Azad Jammu and Kashmir Interim Constitution’ of 1974, gave back autonomy and weakened Islamabad’s direct control although according to this order, the ‘AJK Council’ was sidelined and its powers were shifted to the ‘AJK Assembly and Government’ while Pakistan’s role was reduced to defence, security, and external affairs, not day-to-day governance.
The book ‘370: Undoing the Unjust, A New Future for J&K’ mentions, “This shift in PoJK’s status could have provided an opportune moment for Modi to nullify Article 370, as Pakistan’s actions could have been presented as a justification for the decision. However, the prime minister adhered to a principled approach, emphasising that any changes were driven by the principles of good governance and development, rather than a mere reaction to Pakistan or any external provocations.”
On Page 276, the book suggests that the process for the abrogation of Article 370 and Article 35-A of the Indian Constitution in Jammu and Kashmir, which accorded a special semi-autonomous status to the region, was started in November 2018.
“Recognising the need for a multifaceted response, in November 2018, Modi instructed Doval to undertake measures aimed at fostering a favourable sentiment even in PoJK by creating awareness on the Indian side about Pakistan’s assault on the cultural identity of the people in PoJK. This narrative, strategically deployed, could also contribute to shaping a positive sentiment and a sense of cultural unity within the larger Kashmir region,” the book mentions.
On February 21, 2019, a file was initiated by Additional Secretary, Home, Gyanesh Kumar (now the Chief Election Commissioner), “recommending the issuance of a Constitutional Order which would nullify Article 35-A The file was signed by Home Secretary Rajiv Gauba and the Home Minister Rajnath Singh”.
The Bharatiya Janata Party (BJP) government led by PM Modi abrogated Article 370 and Article 35-A, besides downgrading and bifurcating the only Muslim-majority state in India into two federally-administered union territories – J&K and Ladakh.
The book also comes with a message by Prime Minister Narendra Modi saying, “There was complete clarity in my mind that taking the public in Jammu and Kashmir into confidence was absolutely essential for the execution of the decision… We wanted the decision, whenever it would be taken, to happen with the concurrence of the people rather than imposition.”
It reveals that PM Modi did not use the intelligence agencies, Army, Police, BJP leaders, or even political parties close to him or their leaders for gathering ground realities but instead trusted unofficial ambassadors like Hardeep Singh Puri, Moosa Raza, former Governors Jagmohan and Lt Gen S K Sinha, and even travel agents to gather ground realities, who confirmed corruption and governance failures to him.
The book also details PM Modi’s early interactions with Kashmiri youth who informed him how “abnormal militarisation” and “lack of development” had shaped their idea of “normal life”.
The book points out that PM Modi, during his meetings with various stakeholders, including youth, businesspersons, farmers, and civil society members, found out that there was a consistent demand for development, jobs, education, private investment, and relief from corruption-ridden governance.
It also claims that during these meetings, the PM found that there was widespread frustration among the people with J&K’s political families and corruption in the State government.
The book also claims that PM Modi’s symbolic gestures, like meeting flood victims and interacting with marginalised Kashmiri youth, built trust and showed Kashmiri people his willingness to personally engage with them.
