The State Subject

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 A curious case of rehabilitating the militants and the migrants   

Daanish Bin Nabi

Lady Justice has been standing tall near  courthouses, blindfolded since 15th century  with a balance in one hand and sword in  another. This figure is sculpted to serve  as a symbol of impartiality, a doctrine  that courts and justice systems across the world and  in the West particularly idolize. That is justice  immortalized, not the politics. If politics were to be  depicted – realpolitik – we will have to think of a  many-eyed-monster with each eye capable of perceiving  differences and influencing the judgment. The politics  on the return and rehabilitation of Kashmir’s militants  on one hand and Kashmir’s migrant Hindus or  Kashmiri Pandits is an illustrious example.   
After being victorious and gaining seats in recently  held state assembly elections, the two parties PDP  and BJP were at  loggerheads for over a  month as how to  convince the people of  Jammu and the people  of Kashmir that an  alliance for the benefit  of all has to be forged.  Popular opinion on  elections highlighted  a communal pattern  in the voting trend and  the fractured mandate. A Common Minimum  Programme had to be crafted, as neither Kashmir  with Muslim majority nor Jammu with Hindu majority,  would have yielded. An interesting point in the CMP  are the agendas or plans put under Social and  Humanitarian Issues. At the top in these humanitarian  issues is the return and rehabilitation of Kashmiri  Pandits – “Protecting and fostering ethnic and  religious diversity by ensuring the return of Kashmiri  Pandits with dignity based on their rights as state  subjects and reintegrating as well as absorbing them  in the Kashmiri milieu. Reintegration will be a  process that will start within the state as well as the  civil society, by taking the community into  confidence.”   The return of a state subject, to home, place of  belonging and origin is indeed a great feat. All sensible  people in Jammu and Kashmir, as I am certain,  would consider it as a social and moral obligation  with a sense of duty to see it happen.   
Unfortunately, it is the prejudicial politics that is the  biggest hurdle, as when the blindfold is removed and  that state subject is seen as Hindu or Muslim, it thwarts  all good humanitarian work. Government of India’s  Ministry of Home Affairs has a ‘Jammu and Kashmir  Division’ to look after constitutional matters like Article  370, policy matters, PM packages, etc.   The previous UPA government announced a package  in April 2008 for return and rehabilitation of Kashmiri  Pandits. The package highlights are Rs 7.5 lakh per  family for repair/reconstruction of houses damaged  fully or partially, Rs 2 lakh for dilapidated houses,  Rs 7.5 lakh for purchase of house in Group Housing  Societies. The Pandits further are to be provided  transit accommodation at four sites. Kashmiri Pandits  living in Jammu and Delhi who for years have been  receiving cash relief and free ration would continue  to receive it even after they return to Kashmir for  2 years. Each child of a Kashmiri Pandit family is  provided an assistance of Rs 750 till the child reaches  the age 18, or 21 in some cases. The list goes on with  flats, employment, financial assistance to  agriculturalists, waiver of interest on loans.   The pun is – if a Kashmiri Muslim gets some of  these benefits he might even wish to be the pampered  Pandit.   It is a great humanitarian effort from Government  of India and Ministry of Home Affairs, and this good  work for decades now is very well acknowledged in  Kashmir and the rest of the world.   However, when one takes a look at the return and  rehabilitation policy of militants, that social and  humanitarian élan seems very much defeated. The  rehabilitation policy came in effect after J&K  Government’s Home Department accorded sanction  to the Rehabilitation Policy (Cabinet Decision No.  32/3 dated 31.1.2004).   Pay attention to the wording: “… Rehabilitation is  to offer facility to those terrorists who undergo a  change of heart and eschew the path of violence and  who also except the integrity of India and Indian  Constitution to encourage them join the mainstream…”  
In the two categories chosen for rehabilitation, one  is for known militants surrendering with weapons,  and the other is hardcore militants without weapons,  of course with exceptions. One exception says that  “surendree” should not be a “recycled terrorist”.  Some incentives fixed for surrendering weapons are Rs 15,000 for AK rifle, Rs 500 for a grenade, Rs  50 for Electronic detonators and Rs 10 for Other  detonators. The policy further says that the grant of 1.5 lakh can be drawn only after completion of  three years, in the meantime they would be certified  for their good behaviour.   
In my personal opinion, I don’t know if anyone  tried to compare the scale of justice that has been  calibrated for a Kashmiri Muslim militant, referred  often as “terrorist”, and the Kashmiri Hindu migrant  with whom are attached sordid tales from “exodus”  to “genocide” – under a single window. What is the truth? Is Kashmiri militant branded a terrorist for ever who is to be looked as a third grade criminal even after surrender and giving up on violence?
A  Kashmiri Pandit branded as an oppressed forever  who has been and continues to be treated with monetary  compensations, employment, special status, etc.  They are both state subjects, are they not?   The truth is that militant rehabilitation remained  as a mockery in the previous government and may  continue to be so and the rehabilitation of Pandits  remain the much expected policy and political plan  and may continue to be so.   If it were Lady Justice, the just courtrooms and courthouses, the humanitarian issue would have addressed the two with equity. The two would have been addressed as State Subjects with rightful demands and not as “terrorists” and oppressed which is debatable.   
Chief Minister Mufti Sayeed is the representative of the people of Kashmir by votes secured by his party.  As a Kashmiri he knows the truth. After taking charge as the chief minister of J&K, he has expressed his  willingness to rehabilitate surrendered and released  militants. He, at least, as a learned person and leader  must look at the dichotomy with indifference, not as  a Kashmiri Muslim but a just man. We cannot expect  the same from people who are not even state subjects  and prejudiced to their bones.   


Author is Online Editor of Rising Kashmir. He can be mail at daanishnabi@gmail.com 

Published on March 6, 2015.

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