The Special Status Conundrum and the Problem of Rehabilitation in Jammu and Kashmir

Abstract

The political crisis in the Indian state of Jammu and Kashmir, following the partition of the sub-continent, resulted in state-society construction that was embedded in religious, ethnic and ideological lines. Coupled with specially designed legislative and political framework, the final status of the state was marred with inbuilt ambiguities. The latter subsequently provided a foundation for further political destabilization in the region. The present contention on the status of Jammu and Kashmir within the Indian union is the outcome of one such temporary political adjustment that was implemented in the state in the form of Article 370 of the Constitution of India. This, over the years, has resulted in political upheaval, growth of secessionist feelings and violence in the state. The relief and rehabilitation of those affected by the conflict have suffered at the hands of this political adjustment. Article 370 does not allow for the implementation of various central government laws and policies in the state, preventing many from receiving the much deserved state and central government aid. This paper proposes that under Section 9 of the State’s Constitution, changes should be brought about in this political adjustment so that there is an all inclusive policy on rehabilitation, ending the conundrum over who is benefitted and who is not.