Guest post by RICHARD SHAPIRO
The Indian state’s refrain to the people of Kashmir is as follows: Indian rule of Kashmir is legitimate because India is a secular democratic republic, organized by rule of law and constitutionally guaranteed human rights. As a democratic state, rule of law may be suspended for national security reasons to protect the state, and such action has been necessary in Kashmir because of cross-border terrorism and ‘separatist’ elements in Kashmir that includes armed militants. The suspension of democratic rights in Kashmir, India states, is necessary to protect India as a secular democratic republic. Elections are periodically held and touted as proof of democracy in India, but without a vibrant civil society ensuring social freedoms, electoral processes obfuscate the subjection of Srinagar to New Delhi and give Indian governance greater legitimacy than if the center took official control over the state of Jammu & Kashmir.
What is the logic of the Indian state to which Kashmiris are subjected? The people of Kashmir must be denied the rights guaranteed to citizens of India because every Kashmiri is considered a real or potential threat to India. Kashmiris are citizens of India who are denied the rights of citizens to protect the state as the guarantor of rights. Law and order demands the denial of democratic rights to the people of Kashmir. Freedom of assembly and movement, freedom of speech and expression, freedom of press, freedom of religion are the basic rights that make India a legitimate state, and it is precisely these rights that must be denied all Kashmiris because when Kashmiris exercise these rights it is considered evidence of the anti-national sentiment of Kashmiris. Continue reading Governing Kashmir: Critical Reflections on the Historical Present

