Friday 9 August 2019

Modi-Shah coup should give time-tested Indian skills in conflict management a chance in Kashmir


Pratim Ranjan Bose

Independent India faced the most severe rebellion in the northeast, and as is now proved successful in containing them too. The reference is important as the northeast is home of some of the fiercest fighter communities with a distinct history of protecting their territories from invaders till the arrival of history.
But as it came to Kashmir, Indian strategists looked tentative till August 5, 2019; when the Upper House of Rajya Sabha passed a resolution to enforce Indian Constitution in Kashmir, superseding the provisions temporarily granted under the Article 370 to pave way for its integration with the country post annexation.
To understand what went wrong in Kashmir, one must, therefore, learn why Delhi was successful in containing terrorism in the northeast.
During its long journey with terrorism, India demonstrated two separate schools of conflict management techniques. The first and the most revered school of thought may be referred to as, ‘tire-them-out-while-talking’. This is best used in Nagaland, which demanded sovereignty soon after August 15, 1947.
Nagaland was then part of Assam. The next decade saw Naga insurgency reaching its peak and India granting Nagaland Statehood with special privileges, particularly in the areas of land rights, culture, religion (Christianity) and others under Article 371A (13th Amendment Act, 1962).
Beginning in 1964, Nagas were kept busy in tireless rounds of negotiation, alongside the security measures. The results are before our eyes. Naga leadership is now too old and tired. They spent most of their lives in camps in the jungle and have little strength left to fight against the mighty Indian State. Nagaland is now more peaceful than ever.
The second technique is ‘shock-and-awe’. This was used in Mizoram in March 1966, when Prime Minister Indira Gandhi ordered air-strike on Aizawl (Mizoram too was then part of Assam and the Congress-ruled State government insisted on stern action) to break the MNF (Mizo National Front) rebellion for sovereign Christian State.
Mizos (formerly referred to as Lusei or Lushai) were head-hunters and was one of the last northeastern communities to accept British rule, in 1895. They were not easy customers to deal with. But was it enough of a reason to bomb them, in the same manner as the US did to the Taliban in Afghanistan? There are not many references in the history where an elected government used air-power on its people.
Having said that the stern if not shocking action worked as Mizo rebels stopped entering into frontal conflict with Indian State since 1966. And, 20 years later, when Rajiv Gandhi offered a peace proposal, they readily agreed to it in return of religious (Christian) and other privileges under article 371G (53rd Amendment Act, 1986).
Conflicts were not limited to Nagaland and Mizoram. Insurgency wave gripped every State in the northeast. Independence Days were always marked with violence. Road barricades and search operations by security forces was commonplace towns and cities used to close shutters at the sundown, till about 15 years ago. All that is history today. There is nightlife even in Manipur, probably the most disturbed among the northeastern States.
Noticeable like Kashmir; religion (read Christian evangelism and rampant conversion till the 1970s), external influences, all had (and some still has) a role to play in these conflicts. The travel and training trail of insurgents, the arms and money trail will give a decent idea of the external influencers.
But there were a couple of big differences between Kashmir and northeast. First and foremost, the northeast was not an epicentre of Jihad. Second, northeastern States never had as omnibus power that Kashmir enjoyed under Article 370 of the Constitution. The State governments, however corrupt and inefficient they are, willy-nilly worked under the guidance of the Centre all through the seven decades.  The article 371 used for the annexation of territories starting from princely States in today’s Gujarat to Sikkim in 1975, offered defined exemptions, mostly concerning land rights, culture etc. True, it created anomalies. For example, Sikkim pays flat two per cent income tax or the Union government doesn’t necessarily own the right of minerals in Meghalaya. However, they were not as great power to challenge the authority of the Union government.
Historically, conflict zones attracted huge Central funding which ends up filling pockets of local leaders. It happened in the northeast, as was amply deliberated by the V C Shukla Commission. The Centre kept a blind eye to it for decades, and as peace returned, Delhi had turned off the money flow.
The northeastern States no more enjoy unending Central provisions under the ‘special category’. Beginning 15th Finance Commission (2020-2025), they have to make efforts to earn their bread. 
Compare this with Kashmir, where clever play by the Kashmiri leadership saw, the transitory provisions granted under article 370 becoming a permanent feature. Kashmir was run on its own Constitution that empowers the State to have complete control over almost everything excepting national security and foreign affairs. And, the Centre kept on footing the bills without legitimate right to ask questions. And, if it dares to ask, Kashmir will play the Pakistan card.
What Kashmiri leadership did was a pure breach of trust!
The Constituent Assembly that was supposed to pave way for its integration with India, was dissolved without recommending implementation of the Indian Constitution that naturally revokes the provisions granted under Article 370. And, since the Assembly didn’t recommend, the President never promulgated the Indian Constitution in Kashmir.
This was purely a fault in designing Article 370 that didn’t define the responsibilities of Kashmir and exemptions granted to it. On the contrary, the article virtually limited the role of the Union government. Sheikh Abdullah used this to create a political narrative that would survive on blackmailing Indian government at the drop of a hat. 
Article 370 made Kashmir a country-within-a-country, while Article 371 merely allowed a Sikkim or a Nagaland to maintain its distinction while remaining an integral part of India. Kashmir, with article 370, swallowed Indian finances, to train guns at India. Any argument would end up with the obvious reference of Pakistan and the UN. This is exceptional.
What is more exceptional is, the same Indian government that had so skillfully managed the conflict in the northeast, gave in to the blackmailing of Kashmiri politics, despite repeated demands for scrapping the benefits of Article 370 to Kashmir.
It is futile to discuss why India didn’t correct the mistake for so long. Taking Kashmir issue to the UN and the resulting drubbing in the hands of Pakistan might have taken a toll on India’s confidence. Whatever the reason, Kashmir became a hot potato: India could neither accept nor reject it.  
The same Delhi that contained Naga or Mizo rebels, looked uncertain in Kashmir. They were praying for good senses to prevail over the Kashmiri leadership, which never happened. Kashmir slipped into a near-perpetual web of violence for the last three decades, costing 42,000 lives and a bad reputation for the country.
Delhi could neither keep Kashmiri leaders busy in negotiations nor could it take any bold decisions. Terrorists were born in thousands. In the absence of any accountability, the money meant for the development of the State went on filling pockets of Kashmir’s leaders, bureaucrats - most of whom own lavish properties across the country.
It is naïve to expect that the socio-political complexities created over decades, will be wiped out at the stroke of legislation. But, what the Narendra Modi – Amit Shah did on August 5, was nothing sort of a coup. It had shown the courage to shock-and-awe the Kashmiri politics but in the most non-violent manner.
Just as Kashmiri misused the provisions of Article 370 against Indian government; the government now used the provisions granted under the article to deactivate it. That the assembly was dissolved and the State was under President’s rule helped the Indian cause.
The law said President should order implementing Indian Constitution based on recommendations of the Legislative Assembly. The law also says that if the Assembly is dissolved, Parliament can ratify or reject decisions on behalf of the State Assembly.
Jammu-Kashmir’s governor recommended implementation of the Constitution to the President. The President agreed to it subject to the approval of the Parliament. The Parliament cleared it. The annexation of Kashmir was complete.
The craft of the Modi government lies in the manner in which it presented the case to the Parliament. Kashmir politics didn’t get a chance to create mayhem. Strict security arrangements were made to avoid bloodshed. Kashmir already made a huge dent in India’s image, we couldn’t afford more.
The Upper House, where BJP is a minority, participated in a virtual referendum on revoking the provisions under Article 370. (A separate bill was moved to carve out Ladakh and convert Jammu-Kashmir from a State to union territory) And the results are known.
Not only that the Opposition voted in large number to clear the resolution, but those who opposed it, like Congress, are now facing a huge revolt within. Senior Congress leaders are speaking against the party’s decision and at least one Congress MP resigned from the Parliament
The reaction was unprecedented to the least but was not unexpected, India waited for too long for resolution of the Kashmir dispute. The plan to separate Ladakh from Kashmir was actively considered for nearly two decades but no one dared to act. Modi did it and without being as cruel as dropping bombs from the sky, as Indira Gandhi did to Mizoram. Those who are referring this is undemocratic are merely fooling themselves.
Most likely this shock treatment will force Kashmir politics to walk the talk, as did Mizoram. I am comparing the two because each of these two geographies are subjected to religious hegemony.

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Thursday 1 August 2019

India started preparations for private commercial coal mining


Pratim Ranjan Bose 

After gas price index, its time for India to prepare a coal price index, which is the first step to open doors to private commercial coal mining. Private sector was so far allowed captive mining. 
A committee headed by the former Chief Vigilance Commissioner, Pratyush Sinha will meet stakeholders from power, steel and other industries on August 8 to start the process of . 
If the indications are correct, the government finally got courage to invite private miners. Though the legal framework was created in 2015, the government was tentative so far, and was merely allowing the State government owned miners in the commercial sector.  
Creation of an index means, the coal price in India will no longer be a preserve of government and Coal India Ltd but will be linked to global market. This was also necessary to infuse efficiency in Coal India which was so far doing business without elementary market risks.
The government has already made coal price GCV based in the past. During the first five years of Modi rule, third party sampling procedure was introduced to bring transparency in quality of supplies.
However, introduction of private miners is essential to ensure technical and operational efficiency. Barring mines under Northern Coalfields the rest of Coal India mines barely follow the best practices in the industry. Its nearly three lakh employees idle around and production growth comes from low paid contractual workers. Mechanization is suffering.
All these should change.
But there is a fear. The power generation lobby that speaks so much about coal quality is barely interested to give market price of fuel. Their interest lies in keeping coal prices low.
Obviously generators can refer to the problems in power distribution sector and the huge unpaid. But, they must remember that no reform is ideal and reforms must start from somewhere. They cannot have the best of both worlds.
From the business environment perspective, mining is a more difficult task than power generation. In a country with huge pressure on land, the miners are expected to keep acquiring land to keep production going. And, t do that they face all sorts of local political nexus.
It is in the wider interest of the country that the mining sector gets more productive, which needs private sector. And, private sector will not come unless and until prices are reasonably freed.

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