Terror elimination precondition for cooperation in South Asia: S Jaishankar

Elimination of terrorism in all its forms is a precondition not only for fruitful cooperation, but also for the very survival of the region itself, Jaishankar said.

Elimination of terrorism in all its forms is a "precondition" for fruitful cooperation in South Asia, External Affairs Minister S Jaishankar has said, in a veiled attack on Pakistan while emphasising that the relevance of the SAARC will be determined by decisive actions against the scourge.

In his statement at the informal meeting of the South Asian Association for Regional Cooperation (SAARC) Council of Ministers on the margins of the 74th session of the General Assembly here on Thursday, Jaishankar said, "Ours is really not just a story of missed opportunities but also of deliberate obstacles. Terrorism is one among them."

Elimination of terrorism in all its forms is a precondition not only for fruitful cooperation, but also for the very survival of the region itself, Jaishankar said at the meeting.

Pakistan Foreign Minister Shah Mahmood Qureshi boycotted Jaishankar's opening statement at the meeting to protest over Kashmir after India abrogated Article 370 of the Constitution to revoke the special status of Jammu and Kashmir in August. India has asserted the abrogation of Article 370 was its "internal matter".

Jaishankar in his statement reiterated SAARC leaders' statement in Kathmandu in 2014, where they called for "full and effective implementation of SAARC Regional Convention on Suppression of Terrorism, including through enacting necessary legislation at the national level to root out terrorism"

"The relevance of SAARC would be determined by these actions against terrorism and this will decide our collective journey of the future become more productive," the minister said.

Jaishankar said while regionalism has taken root in every corner of the world, if the South Asian region has lagged behind it is because the region does not have the normal trade and connectivity that other regions do.

Business Standard

Rising power: Why India has faced muted criticism over its Kashmir policy

India's economic heft and its standing as a potential counter to China may be behind the absence of strong reactions.

If Prime Minister Narendra Modi was worried about a frosty reception in the U.S. after his crackdown on India’s Muslim-majority region of Kashmir, President Donald Trump was quick to put those fears to rest.

“Border security is vital to India,” Trump said alongside Modi, as the two spoke at a huge gathering of around 50,000 Indian-Americans on Sunday. “We understand that.”

The high-level acknowledgment from the world’s most powerful political leader comes as Modi -- who will address the United Nations General Assembly on Friday -- continues an unprecedented security crackdown in the tense Himalayan region of Jammu and Kashmir. On August 5, he abolished 70 years of regional autonomy and placed its citizens under widespread restrictions including an extended communications blackout. It also follows India’s push to strip millions of people -- mostly Muslims -- of their citizenship in the country’s northeastern state of Assam, near Bangladesh.

Trump’s comments, although not explicit approval, are symbolic of the quiet acceptance of India’s policies which have attracted little international criticism. India’s actions have been compared to what China is doing in its own restive mostly-Muslim border region of Xinjiang. But few countries other than Pakistan and China, which both have territorial claims in disputed Kashmir, have criticized New Delhi -- a stark contrast to the 22 states that signed a letter criticizing China’s crackdown against Muslim minority Uighurs, which has seen as many as 1 million citizens placed in “re-education camps.”

Nations want to keep Modi onside as they recognize India’s rising strategic importance in Asia as a counterweight to Beijing. There’s also the size of its market, including billions in arms purchases, and the fact that criticizing New Delhi risks aligning with Pakistan, which is widely accused of sponsoring terrorist groups in the region.

“There is little diplomatic upside to directly challenging India,” said Paul Staniland, an associate professor at the University of Chicago. “India is an important economic and strategic partner, or potential partner, for countries ranging from France to the U.S. to the Gulf states. It’s also clear that the government of India won’t be rolling back its policy anytime soon, and many countries are leery of seeming to back the Pakistani line.”

Business Standard

Restrictions in parts of Kashmir to prevent Muharram processions, violence

The officials did not cite any reasons for reimposing restrictions but it is believed that the step was taken to prevent Muharram processions in the city and elsewhere in the Valley.

Business Standard : Curfew-like restrictions were reimposed on Tuesday in several parts of Kashmir, including the city, to foil any plans on taking out Muharram processions in the Valley as authorities apprehended that large congregations might lead to violence.

Commercial hub of Lal Chowk and adjoining areas were completely sealed off by placing concertina wires at all entry points where large number of security force personnel were deployed, officials said.

Restrictions have been in several parts of Kashmir as a precautionary measure for maintaining law and order in the Valley, they said.

ALSO READ: UN human rights chief urges India to ease lockdown, curfew in Kashmir

The officials did not cite any reasons for reimposing restrictions but it is believed that the step was taken to prevent Muharram processions in the city and elsewhere in the Valley. The processions stand banned in Kashmir since 1990 when armed insurgency began.

Muharram is considered as one of the sacred months of the Islamic lunar calendar. The battle of Karbala, in which Hazrat Imam Hussain - the grandson of the Prophet - had attained martyrdom - is said to have been taken place in the 7th century.

Restrictions were first imposed across Kashmir on August 5 when the Centre announced its decision to abrogate provisions of Article 370 and bifurcate the state into union territories. The restrictions were lifted in phases from many parts of the Valley as the situation improved with passage of time.

The authorities have been imposing restrictions in vulnerable areas of the Valley every Friday, apprehending that vested interests might exploit the large gatherings at big mosques and shrines to fuel protests.

Meanwhile, normal life remained severely affected in Kashmir due to shutdown in the Valley which entered 37th day on Tuesday.

Markets and other business establishments remained closed while public transport was off the roads across the Valley, the officials said.

Kashmir: A month later, shopkeepers refuse to open, even as curbs are eased

Prime Minister Narendra Modi revoked special rights for Jammu and Kashmir on Aug 5, striking down the long-standing constitutional provisions for the Himalayan region.

A month after the government withdrew Article 370 and locked Kashmir down with thousands of additional troops and made mass arrests, residents are resisting attempts by authorities to show some signs of normalcy returning in the valley.

Prime Minister Narendra Modi revoked special rights for Jammu and Kashmir on Aug 5, striking down the long-standing constitutional provisions for the Himalayan region.

To dampen the possibility of widespread protests, India flooded the state — already one of the world’s most militarised zones — with troops, imposed severe restrictions on movements, and cut all telephone, mobile phone and internet connections. Thousands of people were arrested.

The Centre has since eased some of the curbs, although no prominent detainees have been freed and mobile and internet connections remain suspended.

Officials in Srinagar say that 90 per cent of the Kashmir valley is free of restrictions on daytime movement, some landline phone connections have been restored and thousands of schools have re-opened. However, checkpoints remain in place and communication restrictions make reporting from the region difficult.

Despite the partial relaxation, many students are boycotting classes, shopkeepers are not opening up and public and private sector employees are not turning up for work, in informal action aimed at protesting against the government, according to interviews with seven government officials and dozens of residents of the valley.

“For us, our identity at stake and its safeguarding is our priority,” said Shabir Ahmad, a shopkeeper from the old quarter of Srinagar.

“Let them restore it and we will re-start our businesses.”

Business Standard

J&K Governor announces 50,000 govt jobs for Kashmiris in next 3 months

In his press conference, the J&K Governor sought to justify detention and imprisoning of mainstream politicians.

Business Standard : The Jammu & Kashmir (J&K) administration will try filling 50,000 vacancies in government jobs in the next two-three months in the soon-to-be-created Union Territory, J&K Governor Satya Pal Malik said on Wednesday.

Malik, addressing his first press conference after Parliament revoked provisions of Article 370 in the first week of August, said the Centre would soon make a ‘big’ announcement on J&K.

In New Delhi, government sources denied reports that it has constituted a Group of Ministers, or GoM, to look into development, economic and social issues for J&K and Ladakh. While there was speculation of it, the government did not announce any special package for either Ladakh or J&K. The two union territories come into existence on October 31. The governor's promise on jobs echoes the commitment that Prime Minister Narendra Modi had made to the people of the region in his address to the nation earlier this month.

In his press conference, the J&K Governor sought to justify detention and imprisoning of mainstream politicians. He said times spent by politicians in jail would help them in their political careers. “Don't you want that people should become leaders. I have gone to jail 30 times. Those who will go to jail, will become leaders. Let them be there. The more they spend time in the jail, the more they will claim during elections...that I have spent six months behind bars...

Malik also said restrictions in J&K were necessary to prevent civilian causalities. The Internet is a handy tool for anti-national elements and the restoration of connections will be deferred for some more time, Malik said. He said pellet guns were used by security personnel during protests in the Kashmir Valley, but said forces took precaution to prevent injuries.

Government sources said Defence Minister Rajnath Singh will be visiting Ladakh on Thursday. Senior officials of the Human Resource Development (HRD) Ministry will visit J&K and Ladakh soon to explore the possibilities of expansion of educational facilities there Union HRD Minister Ramesh Pokhriyal ‘Nishank’ said.

Speaking at an event to distribute awards for community radio in the national capital, Information and Broadcasting Minister Prakash Javadekar said the "biggest punishment" for people is when they have no means of communication. He also extolled the benefits of scrapping of provisions of Article 370.

"This is the power and need of communication...when people store everything in their hearts and are unable to tell anyone about it, is the biggest punishment.

SC refers all petitions on Article 370 to 5-judge Constitution Bench

SC also issued notice to the Centre on plea by Kashmir Times Executive Editor seeking a direction for relaxing restrictions on internet, landline, and other communication channels.

Supreme Court (SC) on Wednesday referred all petitions challenging the scrapping of Article 370, which gave special status to Jammu and Kashmir, to a five-judge Constitution Bench.

The Supreme Court issued a notice to the Centre and others and said that the five-judge Constitution Bench would hear all the petitions related to abrogation of Article 370 in the first week of October.

The apex court also issued a notice to the Centre on the plea by Kashmir Times Executive Editor, Anuradha Bhasin, seeking a direction for relaxing restrictions on internet, landline, and other communication channels. The SC sought a detailed response from the Centre within 7 days.

Further, the Supreme Court refused a request from the Centre to appoint an interlocutor for Jammu & Kashmir.

In another development, the Supreme Court also allowed CPM leader Sitaram Yechury to visit J&K and meet his party leader and former MLA, Yousuf Tarigami.

Chief Justice of India (CJI) Ranjan Gogoi said, "We will permit you to go, you are the general secretary of a party. Don't go for anything else."

The apex court also said that Yechury's visit should only be to meet Tarigami as a friend, and not for any political purpose.

Business Standard

Kashmir stays shut for 12th day, restrictions on people's movement relaxed

Officials say the situation in the Valley is being monitored on a real-time basis and the decision to remove the forces will depend on the ground situation.

Kashmir remained shut for the 12th consecutive day on Friday, even as the authorities relaxed restrictions on the movement of people in Srinagar.

"Restrictions on the movement of people have been eased in most parts of the Valley. The situation so far has remained peaceful," a senior official of the state administration said here.

He said while the deployment of security forces on the ground remains as earlier, people were allowed to move around the city and other towns.

ALSO READ: China seeks 'closed consultations' in UNSC on India's Kashmir move: Report

Kashmir was placed under a total clampdown on August 5, hours before Union Home Minister Amit Shah announced in the Rajya Sabha that the special status for the state had been revoked.

The state administration has directed government employees to report at work from Friday through a radio announcement.

However, the communication clampdown continues as all telephone and Internet services remained suspended.

While schools are closed for the past two weeks, shops and other business establishments too remained shut since August 5.

The official said the situation in the Valley was being monitored on a real-time basis and the decision to remove the forces would depend on the ground situation.

Business Standard

Pak rushes Qureshi to seek 'all-weather' friend China's help on Kashmir

Pakistan and China are strategic partners and closely cooperate on different issues.

Business Standard : Pakistan Foreign Minister Shah Mahmood Qureshi on Friday dashed to China to discuss with the Chinese leadership Indo-Pak tensions after India revoked the special status of Jammu and Kashmir.

Earlier this week, India revoked Article 370 to withdraw the special status to Jammu and Kashmir and bifurcated the region into two Union Territories --Jammu and Kashmir, Ladakh.

Pakistan termed the Indian action as "unilateral and illegal", and said it will take the matter to the UN Security Council.

ALSO READ: No change in our policy on Kashmir, India and Pakistan should talk: US

Pakistan expelled the Indian High Commissioner as part of its decision to downgrade the diplomatic ties with India and announced that it will review all "bilateral arrangements" with India.

Qureshi told the media before embarking on the visit to China that India was trying to destroy the regional peace with its unconstitutional measures and Pakistan will take Chinese leadership into confidence, Goe News reported.

China considers Pakistan an all-weather ally.

"China is not only a friend to Pakistan but also an important country of the region...I will apprise the Chinese leaders of the unconstitutional measures taken up by the Indian government in Kashmir. I will also brief them of the gross human rights violations...," he said.

The China trip is part of efforts by Pakistan to take the international community on board after India's decision over Kashmir.

China has also opposed the changes affecting Ladakh.

Pakistan and China are strategic partners and closely cooperate on different issues.

Govt moves resolution abrogating Article 370 from J&K in Rajya Sabha

Earlier, the Union Cabinet, headed by Prime Minister Narendra Modi, had an hour-long meeting, where the top leadership is believed to have discussed issues concerning Jammu and Kashmir.

Union Home Minister Amit Shah on Monday moved a resolution revoking Article 370 that grants special status to the state of Jammu and Kashmir in the Rajya Sabha, amid a din as Opposition members protested the move.

The government on Monday also moved a Bill proposing the bifurcation of the state of Jammu and Kashmir into two Union Territories -- the Jammu and Kashmir division and Ladakh.

Home Minister Shah introduced the Jammu and Kashmir Reorganisation Bill.

Making the announcement in the Rajya Sabha, Shah said that the UT in Ladakh would have no legislature, like Chandigarh, while the other UT of Jammu and Kashmir would have a legislature, like Delhi and Puducherry.

There was an uproar in the Rajya Sabha after the resolution was moved by the Home Minister.

Reactions poured in immediately, with former J&K chief minister Mehbooba Mufti calling it "the darkest day in Indian democracy".

Mufti tweeted that the "unilateral decision" of the Government of India to scrap Article 370 was "illegal and unconstitutional", which would "make India an occupational force in J&K".

Earlier, the Union Cabinet, headed by Prime Minister Narendra Modi, had an hour-long meeting, where the top leadership is believed to have discussed issues concerning Jammu and Kashmir.

Business Standard

Kashmir on edge: Security beefed up, many leaders 'detained or arrested'

The officials said former chief ministers Omar Abdullah and Mehbooba Mufti would not be allowed to move out of their respective house in view of the restrictions.

Business Standard : Kashmir remained on edge as the authorities stepped up security at vital installations and in sensitive areas, suspended mobile internet services and either "arrested" or "detained" several leaders in fast-paced developments on Sunday night.

Officials said restrictions on movement of people would come into force in Kashmir Valley at the crack of dawn.'

The officials said former chief ministers Omar Abdullah and Mehbooba Mufti would not be allowed to move out of their respective house in view of the restrictions, while Congress leader Usman Majid and CPI(M) MLA M Y Tarigami claimed to have been arrested around midnight.

However, no official confirmation of the arrests was immediately available.

"I believe I'm being placed under house arrest from midnight tonight & the process has already started for other mainstream leaders. No way of knowing if this is true but if it is then I'll see all of you on the other side of whatever is in store," National Conference leader Abdullah tweeted.

"To the people of Kashmir, we don't know what is in store for us but I am a firm believer that what ever Almighty Allah has planned it is always for the better, we may not see it now but we must never doubt his ways. Good luck to everyone, stay safe & above all PLEASE STAY CALM," he said in another tweet.

Reacting to the development, Peoples Democratic Party president Mehbooba said, "How ironic that elected representatives like us who fought for peace are under house arrest. The world watches as people & their voices are being muzzled in J&K. The same Kashmir that chose a secular democratic India is facing oppression of unimaginable magnitude. Wake up India."

Responding to Abdullah's tweet, Congress leader Shashi Tharoor said, "You are not alone @OmarAbdullah. Every Indian democrat will stand with the decent mainstream leaders in Kashmir as you face up to whatever the government has in store for our country. Parliament is still in session & our voices will not be stilled."

"What is going on in J&K? Why would leaders be arrested overnight while having done no wrong? If Kashmiris are our citizens &their leaders our partners, surely the mainstream ones must be kept on board while we act against terrorists & separatists? If we alienate them, who's left?" he said in another tweet.

Jammu & Kashmir special status: Decoding Article 35A and Article 370

While popular notion is that Article 35A and Article 370 give J&K a special state status, the Centre has similar arrangements with several others. We explain the two statutes to demystify the issue.

With speculation rife that the Bharatiya Janata Party (BJP) -led central government could abolish or try to amend Article 35A and article 370, which give a special status to Jammu & Kashmir, there is a lot of confusion as to what these two statutes entail. Political parties on either side of the debate have voiced their opinion, with some calling tinkering with Article 35A “like setting powder keg on fire”, while others have supported the idea calling it a move to unify of the country.

What is Article 35A?

This provision of the Constitution allows the Jammu & Kashmir state Assembly to define who is and is not a “permanent resident” of the state. To further break it down, this provision of the Constitution gives the legislators from Jammu & Kashmir the exclusive power to determine as to which people in or outside the state will have special rights and privileges granted by the state.

The provision, inserted through a special Presidential order in 1954, also gives the state Assembly powers to determine the recipients of state grants, the right to purchase land and property in the state, as well as settling permanently in the region. Other than this, the legislative Assembly of Jammu & Kashmir can use the provision to restrict rights of any person not classified under “permanent resident” of the state.

Can Article 35A be amended or repealed?

The repealing of Article 35A could be a legal uphill task for the central government, experts said. For any changes to be made to the provision, the constituent Assembly of the state has to consent to it. The constituent Assembly of the state, however, ceased to exist in 1957. This, constitutional expert Shubhankar Dam said, made seeking nod from the Assembly impossible.

“One has to understand where this provision derives its powers from. When it was introduced in 1957, the state constituent Assembly raised the demand, which was then inserted on the recommendation of the President.

The clause was introduced due to compromises which the Union had to make at that time. The time and context have to be understood,” said Dam.

Other experts, however, disagree and say that since there is a valid state legislative Assembly in the state, which also has constituent powers, any changes to Article 35A can be done by it.

Business Standard

SC adjourns next year hearing on pleas to January challenging Article 35A

The Article was incorporated in the Constitution in 1954 by an order of President Rajendra Prasad on the advice of the then Cabinet headed by Jawaharlal Nehru.

The Supreme Court on Friday adjourned to January next year the hearing on a batch of petitions challenging the Constitutional validity of Article 35 A, which provides special rights and privileges to natives of Jammu and Kashmir, after taking note of submissions of the Centre and the state government that there was a law and order problem in the state.

A bench headed by Chief Justice Dipak Misra was informed by Attorney General K K Venugopal and Additional Solicitor General Tushar Mehta, representing the Centre and Jammu and Kashmir government respectively that in view of the impending eight-phased local body elections and law and order situation in the state, the hearing be deferred.

"Let the elections take place. We are told that there is a law and order problem," the bench which also comprised Justices A M Khanwilkar and D Y Chandrachud said while adjourning the hearing to the second week of January on petitions challenging Article 35 A.

Article 35-A, which was incorporated in the Constitution by a 1954 Presidential Order, accords special rights and privileges to the citizens of Jammu and Kashmir and bars people from outside the state from acquiring any immovable property in the state.

It also denies property rights to a woman who marries a person from outside the state. The provision, which leads to such women from the state forfeiting their right over property, also applies to their heirs.

At the outset, ASG Mehta said local body elections for the post of 4,500 sarpanch seats and other local body posts would be held in eight phases and begin in September and continue till December.

"If the local body elections are not held then a fund of Rs 4,335 crores meant for local bodies will lapsed," he said while seeking adjournment of the hearing and referred to the prevailing law and order situation in the state.

The argument seeking adjournment was advanced after the bench indicated that it would hear the petitions in September itself to decide as too whether the petitions challenging the validity of Article 35 A can be referred to a five-judge Constitution bench.

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