Facing significant backlash in the past, U-turn on Article 370 raises concerns

By Shahrukh bin Parvaiz* 

Jammu and Kashmir finally has an elected Legislative Assembly after the abrogation of Article 370. Despite a large turnout, the 2024 elections saw a dip in voter percentage compared to 2014. While the 2014 elections saw a 65.84% turnout, the 2024 elections managed 63.45%, a notable 2.39% decline. These elections are being hailed as a success, but the reality is more complex. The most challenging elections remain those of 1996, held after the controversial rigging in 1989. Back then, the central government had to encourage people to vote, whereas in 2024, it was the people urging the government to hold elections. But let’s focus on the present.

The Chief Minister-designate, Omar Abdullah, has made a significant U-turn on the issue of restoring Article 370. Before the election, he stated that a resolution against Article 370 would be his "first order of business." However, after the National Conference (NC) secured 42 seats, his stance shifted, saying, “Seeking Article 370 restoration from the BJP is foolish.” In another statement, he remarked, “The mandate is for statehood and development.” In an interview with the BBC, he further clarified, “We won’t get Article 370 back from this government; let’s wait for a change in government.”

The issue isn’t just about the statements but the sudden shift in tone after the election results. The NC’s manifesto was clear about restoring Article 370, but their position changed within hours of winning. This abrupt U-turn has made people skeptical about the NC's other promises. According to Omar Abdullah's logic that Article 370 cannot be restored by the current government, the same could be said for statehood, as the same government revoked it. The same logic could be extended to the Public Safety Act (PSA) and the release of political prisoners, as the Union Territory (UT) government lacks the authority to make such decisions.

It raises questions about how the NC, particularly firebrand leader Ruhullah Mehdi, will justify their inability to repeal the PSA. The powers of the UT government are limited to laws related to:

1. Municipal governance

2. Panchayat Raj

3. Education

4. Health

5. Agriculture

6. Tourism

7. Transport

8. Labor

9. Social welfare

The NC has historically been adept at diverting attention from their misdeeds between 1975 and 2014, using the 2.5 years of PDP’s rule to tarnish its image. Now, these U-turns are stirring anger, and while NC’s campaign might have been aimed at erasing their past crimes, the people have not forgotten. The horrific incidents of the rape and murder of Asiya and Neelofar in 2009, the killings of Tufail Mattoo and Wamiq Farooq, and the controversial hanging of Afzal Guru in 2014 are still fresh in people’s minds. Afzal Guru’s execution had severe repercussions for Omar Abdullah’s government, leading to its downfall. Omar himself admitted that Guru’s hanging was wrong, but ten years have passed since his death in Tihar Jail, and it remains a deeply emotional issue for many.

Farooq Abdullah, was no stranger to political U-turns either. His most infamous move was reneging on the promise of autonomy

Omar Abdullah’s government faced significant backlash during the legal battles surrounding the deaths of Tufail Mattoo and Wamiq Farooq, with families enduring immense hardship in their pursuit of justice. Omar’s father, Farooq Abdullah, was no stranger to political U-turns either. His most infamous move was reneging on the promise of autonomy, a resolution he had championed but was ultimately rejected by his alliance partner, the Indian National Congress. The Autonomy Council, headed by Karan Singh (son of Maharaja Hari Singh), dissolved after Singh’s resignation.

Farooq Abdullah, who now projects himself as a sympathetic figure, has his own share of misdeeds. Perhaps the most damning was his creation of the Ikhwan, a counter-insurgency group comprised of former militants. The terror they unleashed requires no introduction, and their role in Kashmir’s suffering is well-documented. Farooq shared platforms with the most brutal Ikhwan commanders during his time in office. In 2010, during Omar Abdullah’s tenure as Chief Minister, Farooq remarked, “The summers of 2010 made Omar a leader.” Those same summers saw 117 deaths amidst widespread turmoil. Farooq’s sympathetic image is vastly different from the reality of his governance.

The leadership of the National Conference has played a significant role in the humiliation and suffering of Kashmiris. Omar, who now talks of removing the PSA, had dismissed such possibilities in 2010 when he was Chief Minister. The NC has made grand promises, but with limited powers and repeated U-turns, it appears they have simply misled the people to secure power. Omar, who once frequently clashed with Narendra Modi, now speaks of him in a notably respectful and polite manner. The sudden shift raises questions about what transpired behind the scenes. While the government has yet to be formed, the sense of betrayal has already begun to set in. All we can do is watch and wait.

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*Law student and a human rights defender