Context: Curfew was imposed across the valley on Tuesday as authorities apprehended violent protests in view of plans by separatists and Pakistan-sponsored groups to observe August 5, the first anniversary of revocation of Jammu and Kashmir's special status, as black day. Police and CRPF personnel were deployed in strength across the valley to ensure that the plans of the separatists to disturb peace did not succeed. Police vehicles, fitted with public address systems, went around localities announcing imposition of strict curfew for two days. On 5 August 2019, the Government of India revoked the special status, or limited autonomy, granted under Article 370 of the Indian Constitution to Jammu and Kashmir. On the eve of the first anniversary since certain sections of article 370 were scrapped.
Background

• Article 370 is the bedrock of the constitutional relationship between Jammu and Kashmir and the rest of India.
• It has been described as a tunnel through which the Constitution is applied to J&K.
• The central govt. on 5th August, 2019 abrogated Article 370 that gave Jammu and Kashmir a special status and bifurcated the State into two Union Territories (UTs).
• It will also clear the path for abrogating Article 35A which would allow Indian citizens to purchase land and settle permanently in J&K.
• A separate Bill - the Jammu and Kashmir Reorganisation Bill 2019 - was introduced to bifurcate the State into two separate union territories of Jammu and Kashmir (with legislature), and Ladakh (without legislature).
• Jammu and Kashmir Reservation (Second Amendment) Bill, 2019 was also introduced to extend the reservation for Economically Weaker Sections (EWS) in educational institutions and government jobs in Jammu and Kashmir.
• Article 370 gave Jammu and Kashmir its own constitution and decision-making rights for all matters barring defence, communications and foreign affairs. Its removal ended special status for Kashmir, which was key to its accession to India in 1947.
• Rationale given behind the move: The central govt. said that it would lead to greater integration of J&K with the rest of the country. 

The concept of integration in a democracy

• In a democracy, integration has to be evaluated from a multi-faceted system and lens, which includes the emotional aspect as well. 

Asymmetry and federalism

• Some people view last year’s constitutional change as an attack on Indian federalism. Jammu and Kashmir’s separate flag and constitution within the Indian union represented asymmetry which is an integral part in the Indian federal experience.
• The multi-regional and ethnic Jammu and Kashmir’s pursuit for autonomy should be seen with a broader lens as asymmetry has strengthened the Indian union and led to better policy implementation and participation in political processes.
• The decline of political power from centre to Jammu and Kashmir should not lead to political hegemony of any one region or political party.

Concerns with India’s Kashmir policy

• The continued detention of political prisoners, particularly those who have been legislators and sworn in by the Constitution of India, shows that democratic rights are not even available to the voices that speak on behalf of the Indian Union.
• Right to democracy: One-party rule had been imposed on the State through manipulation of elections; Opposition parties had been removed from competition, and civil liberties and human rights had been refused to the people. 
• Militancy: Everyone is dissatisfied in J&K, including the people of Kargil within the separated Ladakh. The feeling of a threat to identity and prevailing political vacuum creates a breeding ground for militancy. 

The key to emotional and political integration in J&K are

• The respect for human rights and upholding national interest should be a key component of the Kashmir policy.

A rigorous pursuit of federalism within the State:

• The devolution of political power from Centre to J&K should not lead to political hegemony of any one region or political party. 
• It should be accompanied with a devolution of powers within J&K on the lines of J&K’s  divergent regional and ethnic urges. 
• Any devolution should have adequate federal checks and balances as accountability and transparency are at the heart of any successful federal democracy.
• We need multiple bridges including those between J&K and the rest of the country and among the various communities and regions of the former State. In order to build these bridges we will need a greater multi-layered, institutionalised decentralisation and respect for democratic rights for the people of J&K.

Issues that needs to be addressed 

• Vacuum in Political Activity: Mainstream politics in J&K has become impossible with leaders in detention and those released reportedly undertaking to stay away from any public discussion on J&K’s future 
• Against Transparency: Neither the J&K government nor the Centre has released a list or number of leaders who were detained last year 
• Democratic Process Undermined: The legislative route that the Centre took (without consultation with State) and the communication restrictions on the population that followed, casts a shadow on India’s standing as a constitutional democracy 
• Spirit on Indian Federalism Weakened: J&K’s special status within the Indian Union represented asymmetry, which is integral to the Indian federal experience. For ex: Several of North Eastern States enjoy varying degree of asymmetric Federalism 
• Judicial Activism Lacking: The judiciary — the J&K High Court and Supreme Court — has not shown any urgency to settle the constitutional & legal questions raised by reorganisation of J&K 
• Links to Chinese aggression: Some scholars have linked the continuing Chinese aggression in Ladakh to the change in J&K’s status 
• India’s Global reputation in upholding Human Rights: At least two dozen politicians in J&K, including former CM Mehbooba Mufti, remain in detention, some not notified, which is against Democratic Credentials of India. 

Road Ahead

• Constitutional Change is not enough: The Kashmir conflict is a function of complex historical grievances, politico-ethnic demands, increasing religious radicalisation, and Pakistan’s interference in the Kashmir Valley. Any solution needs to be holistic 
• Human Rights based Policy: Respect for human rights should be a key component of the Kashmir policy, as this and upholding national interest go hand in hand. 
• Centre needs to start a conversation with the people of J&K: This can be achieved by release all political prisoners and holding elections with participation from all sections of society (including mainstream regional political parties)