The Tribune, Chandigarh, India

ARTICLE

Special status for J&K
The BJP demand on Article 370 in the past had got very little attention
Kuldip Nayar

There was fortunately no mention of Kashmir when polling for the first two-thirds of Lok Sabha seats was held. The Bharatiya Janata Party (BJP) did say in its election manifesto that it would delete Article 370 which gave special status to the state. But this was nothing new. The BJP had been articulating the demand for many years. It got very little attention. Then the hell broke. Even the Pakistan Army Chief jumped into the arena and renewed the old expression that Kashmir was his country's 'jugular vein'

Bihar BJP leader Giriraj Singh's outburst that those who did not vote for Narendra Modi should go to Pakistan spoilt the atmosphere for a while. But the dust settled down when the BJP distanced itself from the statement.

No doubt, Kashmir leader Farooq Abdullah queered the pitch with the remark that those who voted for Modi should jump into the sea. Yet the irreprehensible Abdullah did not spoil the atmosphere because he had made such observations in the same vein in the past. He was seldom taken seriously.

The real damage has been done by Narendra Modi who stops at nothing to garner votes. He has polluted the atmosphere so much that it would take time to repair the cleavage he has created between Hindus and Muslims. He has attacked popular leader Sheikh Abdullah for the situation prevailing in Kashmir. Modi did not have any information on the process of integration. But for Sheikh Sahib, there was no one else, tall and popular, who could have integrated the majority Muslim Jammu and Kashmir with the majority Hindu India.

The Sheikh son, Farooq Abdullah's remark that Kashmir would not be part of a communal India smacks of communalism. All secular forces should together fight against communal forces. Farooq will have to be part of that confrontation. We have to bring the country back on the secular and democratic track.

He is relevant to the solution but so are Pakistanis and those who have sacrificed their lives for "azadi" (independence). India's first Prime Minister Jawaharlal Nehru realised the importance of Pakistan's interest. He sent Sheikh Abdullah to Islamabad to find the common ground. The Sheikh met Gen Mohammad Ayub, then heading Pakistan.

The last attempt to end the deadlock came when the Sheikh met Ayub in May 1964. Ayub told me in Islamabad in April 1972 that it was his impression that towards the end of his life Nehru had "realised the logic of the situation and had shown anxiety to come to terms with Pakistan."

But not much came out of the Sheikh's visit, for even as the talks began Nehru was dying. Pakistan was anxious to pick up the threads. But the Lal Bahadur Shastri-Ayub meeting solved no problem. There was disappointment when Shastri did not want to discuss Kashmir, nor mention it in the joint communiqué in which an early meeting between the Home Ministers of India and Pakistan was promised.

As for "azadi", the militants do not realise that the Taliban have created such a scare in the world that the Kashmiri insurgents are regarded as fundamentalist. Hardliners like Syed Ali Shah Gillani only confirm the apprehension that the demand for the state's independence is the other side of the same coin of religious fervour.

Pakistan, which was once strongly opposed to the idea of independence, is quiet now. Some in the establishment even voice their support to the independence demand. They do so because their expectation is that an independent Kashmir would ultimately join Pakistan.

The ones that have raised the demand, however genuine, should appreciate that they-living in the valley-cannot decide the fate of the other two regions, Jammu and Ladakh. The first would like to merge with India if and when the future of the state is decided. The second wants to be a Union Territory of India. Therefore, the demand for independence is confined to the valley. I do not want to argue whether the land-locked valley would be economically viable or not. But I do want to know from the supporters of the demand if it is fair on their part to claim the independence of Jammu and Kashmir when they have practically no following either in Jammu or Ladakh.

That is the reason why there are no takers of independence outside the valley. Moderate Mirwaiz Umar Farooq's appeal to the new Lok Sabha members to rise above domestic politics on Kashmir found no resonance in the country. "Together we will be able to find some way to take a historic step," he says. But he has no credibility in India. His father was far more realistic and favoured a solution within the Indian Union but outside its Constitution. He was killed by militants.

I can appreciate the concern over the victory of Modi or his BJP. But New Delhi has had a BJP government earlier. Modi may be the stern face of Hindutva. But the Constitution is supreme and it assures all equality before the law. Even otherwise, India has been a multi-religious society for thousands of years.

Modi himself has said in his speeches that he, if elected, would take all the communities along with him for development, his agenda. Were he to disturb the diversity, the democratic and liberal forces in the country are strong enough to fight for pluralism, the ethos of freedom struggle.

Article 370 of India's Constitution guarantees special status to Jammu and Kashmir. Modi or his party cannot undo it because the state joined the Union of India on that understanding. It is for the state to change the condition if it wants to do so. Yet it is essential that the Kashmir problem is out of the way of all the three parties-India, Pakistan and Kashmir. This is difficult because the BJP has even demanded the deletion of Article 370. Deleting it would amount to betrayal of the understanding which Nehru and Sheikh Abdullah had reached.

There is a point in the warning by Farooq Abdullah that the deletion of Article 370 could reopen the question of Kashmir's integration with India. The Article originally gave New Delhi Defence, Foreign Affairs and Communication. Many Indian laws, relating to other subjects, have been extended to the state, some of them without the approval of the state legislature. Those would have to go. If the status which the state enjoyed soon after the integration is restored probably a solution to Kashmir is possible.

MIDDLE

Paper-setters — then and now
Krishan Gopal

The other day, even as I was turning over the pages of my books of English grammar, my abiding companions during my long teaching career, I found preserved inside a few question papers, set by us some 30-35 years ago, their pages turned yellow. I went through those question papers with bemused complacency, for paper-setting then used to be a serious affair. Indeed, a teacher who has studiously taught his students throughout the session and has covered all the chapters thoroughly in the classroom would find paper-setting a testing, yet rewarding exercise which certainly carries his year-long teaching to its logical culmination. No doubt, an examination, and for that matter a question paper, is a hurdle which a student must cross in order to be promoted to the next higher class. As such, the hurdle must not be either too easy or too hard. There must be something to be solved for a student of each and every grade and calibre. Thus even as the students are being put to test, the paper-setter is simultaneously under lens for his art, skill, innovation, calibre, learning and style. Thus those yellowing pages of the bygone era made me nostalgic for the golden days when paper-setting used to be a rigorous exercise for us and we loved to do it. Not only students, even our colleagues used to be curious to see the question-paper with prying eyes. Thus there was a healthy competition in this task, as it might be the turn of X, Y or Z next time.

While traversing down the memory lane, I recollected how the "seriousness" of paper-setters had eroded with time. On many an occasion, I have discovered, upon reading the question paper for Elective English students that the paper-setter had not fully read the text! In that case, the university assignment should have been politely declined. I remember how during the late eighties, when I as Head of the Department of English, had distributed paper-setting assignments to various lecturers, a certain lady lecturer kept on delaying the submission of Q-paper, little realising that the printing process is a long, cumbersome and time-bound exercise. At long last, when I was left with no option but to report the matter to the Principal, she was prompt enough to submit the sealed envelop to me within five minutes before leaving for home. With a subdued feeling, when I opened that envelop, I was stunned to find inside a printed question-paper of the previous year! Quite a nice ingenuity on her part! As if this task was of least importance to a lecturer and was least connected with the syllabus covered!

I narrated this episode to my equally senior colleagues about a decade ago in the college staff room and they rubbished it as "frivolous" as compared to the instance they had to narrate of a certain Mr X, who was known for his cavalier attitude in every matter and assignment; how once he slept over reminders from the "internal" Controller of House Examinations, kept on postponing it till not only the date of examination, but even the time of examination, only to appear, when a hue and cry was raised by restless students in the examination hall, with his "super-ingenious style of paper-setting". Least perturbed over his misdemeanour, he walked into the examination hall with utter equanimity, stood on the dais, and announced in a loud voice: "Attempt any five questions" and smilingly walked away.

oped-women

Winds of change in khap panchayats
The Satrol khap mahapanchayat, which comprises 42 villages in Hisar district of Haryana, recently resolved to relax the rigid norms that were followed with regard to inter-gotra and inter-caste marriages
Reicha Tanwar

The announcement has received the attention it merits on many counts. The first being that it breaks a tradition followed by the hardworking and simple Jat pleasantry for more than 600 years. The second is that by paving the way for inter-village, inter-gotra, and even inter-caste matrimonial alliances, it has also, in fact, attempted to attend the crisis that has resulted from the skewed sex ratio in Haryana. But the most dramatic and significant decision of the Satrol khap is their decision to put in place a women’s wing to play a more active role in resolving women-related issues like female foeticide, honour killings, dowry harassment, drug and liquor addictions. Those who supported the view were the Pradhans of Punia khap, Meham Chaubisi khap and Dahiya khap. They also commented that the change is in sync with the natural law of constant change.

Tracing the origin

The institution of khap panchayats has been in existence since the emergence of agriculture as a mode of production and the consequent settlement of various nomadic clans in the specific area. Since every clan had established their control over a particular area, the khap panchayats had been constituted as a political system/organisation for maintaining and safeguarding the interests of the inhabitants. It has also been maintained that these khap panchayats were known as the ganas (republics) during earlier times on account of their autonomy. Khap panchayat had authority not only on the people of their own clans but also people of other clans of Jats as well as people of other castes living in their domain. The consensus based decisions of the khaps were beyond challenge or disagreement.

As Prof. Ranbir Singh, political scientist and authority on the subject, has noted, the roles of the khap panchayats were important even during the medieval period. When rulers unaware of local traditions interfaced in the social and religious life of the people, the khap panchayats often resisted them either singly or by joining hands though the institution of Sarva Khap Panchayats. Interestingly many khaps lent support to the Mughal Emperor Akbar, because he had recognised the authority and autonomy of the khap panchayats.

But when Aurangzeb adopted a policy of repression, the khap panchayats revolted against him. It has also been recorded that the khap panchayats of various gotras of Jats helped the Marathas against Ahmed Shah Abdali during the third Battle of Panipat. They also lent support to the Jat ruler of Bharatpur, Maharaja Surajmal, in establishing, consolidating and expanding his rule.

During the colonial period, they resisted the East India Company when it tried to impose an unjust system of land revenue and made attempts to destroy their authority and autonomy of khap panchayats. Although the system of administration set by the British did undermine their authority and autonomy but could not destroy this institution. That is why the Provisional Governor-General of India, Charles Metcalf (1835-36) called the village communities as the ‘Little Republic’ and stated that these have continued to exist despite changes of dynasties.

Sadly some of the khap panchayats have played a very negative role recently by dissolving already held marriages and in obstructing matrimonial alliances on the ground that these were against the accepted social norms and customs regarding exogenous marriages.

In the above context, it becomes important to explain why the khap panchayats, which had played such an important and meaningful role in the past, have now begun to play a retrograde role.

One of the possible reasons could be the traditional leadership. The khaps being pre-modern institutions are not able to tolerate the dilution of their authority by sections among the youth, the women, the Dalits and the backward classes, and perceive it as a threat to their leadership. Another plausible explanation could be that sections of leaders are opposed to the democratically elected leadership of the Panchayati Raj institutions, particularly women and the Dalits.

An important question is as to why and how have the khaps maintained their powerful hold? It has been argued that the khap panchayats have retained their influence because the Jats have not been sufficiently modernised and on the whole remain predominantly a traditional rural and agrarian society. Another argument that is being made in this context is that the khap panchayats have been able to retain their hold on account of the persistence of a conservative and backward political culture in Haryanvi society due to historical reasons.

Position of women

Historically, the birth of a daughter, which was not a source of anxiety during the Vedic period come to be in the post-Vedic phase, ‘a cause of disaster’ for the father. Thus, it was said that the birth of a son is bliss incarnate while that of a daughter is the root of family misery. Education of women, which was an accepted norm during the Vedic period, slowly began to be neglected, and later on girls were totally denied any access to education. Upanayana or sacred thread ceremony which was performed to initiate a person into the Vedic studies was prohibited in the case of women and shudras by the Manav Codes, thus closing the doors for any formal education of women. By circa 8th century AD, the marriageable age for girls was lowered to nine or 10 years, which not only gave a final blow to any effort at educating women but began the sinister practice of pre-puberty marriage. Girls in the ruling class families did receive some training in military, administration and fine arts. There were a few outstanding scholarly women like Gargi, Maitreyi and Atreyi who provided an alternative style of female existence. Meera, a renowned poetess of medieval period, preferred to live her life as a devotee of Krishna rather than enjoy the luxurious life befitting a royal queen. However, these are exceptions.

Mainstream life for upper caste women was confined to the four walls and restricted to serving kin members. The subservience of women is precisely summed up in the famous injection of the Manav Code, where it is stated that a woman should never be independent. As a daughter, she is under the surveillance of her father, as a wife, of her husband and as a widow, of her son. In a patrilineal society, women play a vital role in the protection of the purity of the group.

Veena Das remarks, “Women are literally seen as point of entrance, as ‘gateways’ to the caste system. If men of ritually low status were to get sexual access to women of higher status, then not only the purity of women but that of the entire group would be endangered. Since the main threat to the purity of the group came from female sexuality, it becomes vital to guard it. Most groups solved this problem by the custom of prepuberty marriage (Das 1976: 135, Desai 1957).

Hindu scriptures prescribed marriage at an early date, marriage within the caste and even in the sub-caste, prohibition of pratiloma, marriage where a woman of higher caste marries a man of lower caste, marriage as a sacrament whereby a woman is bound in wedlock till she dies, were all practices which suggest the control of sexuality. Nothing can be compared with the most tragic and subservient conditions of a high-caste widow. She was not only forbidden to remarry but also considered inauspicious and harbinger of ill-luck to the family. Treatment to the widow, thus, at times, bordered on the inhumane and callous levels.

Liberal marriage norms will in the long run prove to be the backbone of a modern egalitarian society where caste has no place. When women have more voice and agency within the family, the son preference syndrome is bound to take a backseat.

Skewed sex ratio

It is rather striking that the demographically backward regions of India (where sex ratio is lowest) tend to be those where gender relations are unequal, Punjab and Haryana, for instance. Despite high levels of per capita income compared to other states, the social indicators are dismal here.

Conversely, regions which have experienced rapid progress in improving health, including mortality and fertility are often, those where women play an important social and economic role, Kerala and Manipur are examples.

Given the gender division of labour that prevails in most of India, nutrition, child health and related matters typically depend primarily on women’s decisions and actions. Therefore, it is hardly surprising that social indicators in this domain are more impressive where women are more valued, are better educated, more influential and equal agents within the household and society.

The 21st century has been one of democratic upsurge. The past few decades have seen the steady emergence of new kinds of social movements, movements of women against violence, Dalits, tribals, movements against corruption and against environmental degradation. The experience of these movements has exposed the multi-dimension nature of domination and oppression in society. Relating these struggles with the wide spectrum of social struggle is a critical aspect of the democratic resurgences in modern India. The struggle for democratic rights has been the principal trend of this decade but there have also been persistent efforts to defend the structures or create new forces of subjugation.

To conclude, one can say that the persistence of extraordinary high levels of gender inequality and female deprivation are among India’s most serious failures. It is also a fact that gender inequality does not decline automatically with the process of economic growth. It is important to aim at more radical and rapid social change based on public actions. One has also to acknowledge that gender inequality is not only a social failure in itself, it also leads to other social failures. There is a growing awareness that the agency of women as a force of change needs to be recognised. The suppression of women from participation in social, political and economic life hurts the people as a whole not just women. The emancipation of women is an integral part of social progress, not just a ‘women’s issue’.

The khaps in reference have obviously chosen a thoughtful path. The social impact of such decisions takes time to be evident but it is always good and meaningful. I was amazed to hear that some khaps have now resolved even in favour of inter-religion marriages.

Fact file

Khap panchayats date back to 14th century. These were started by upper caste jats to consolidate their power and position.

A khap usually has 10 to 15 male members who settle disputes.

Khaps consider that all boys and girls within the same gotra are brothers and sisters and they cannot marry each other.

A khap panchayat imposes its writ through social boycott and fines.

In most cases, those going against the khap’s diktat are either killed or forced to commit suicide.

Scholarspeak

I would say that so far it is an endorsement of a large-scale practice that has been prevailing since the colonial times because even then a sizeable segment of the Jat population married out of caste because of lack of availability of brides. There is a saying in Haryana — ‘Jat ke ghar aa gayi, hogai jatni’. In earlier times, polyandry was also observed in rare cases. But the decision of the khap panchayat to allow inter-gotra and inter-caste marriages is definitely a welcome move.

Prof Ranbir Singh, department of Political Science and former dean, faculty of social sciences, Kurukshetra University, Kurukshetra

It is a good trend and hopefully others will follow but much of the change has occurred because of the women’s movements which have protested over the past few years. But it has to be said that all political parties are wary of the decisions of the khaps and do not want to comment on them. In India, change occurs first in the society and the political leaders follow, rather than the political class leading for change. As a trend, it is a welcome move. Hopefully, the khap panchayats will play a more meaningful role in bringing change in the society. It would also be good if the caste panchayats work in close coordination with the elected panchayats.~

Prof Susheela Kaushik, Professor of Political Science and former director, Centre for Women Development Studies, Delhi University, New Delhi

We should wait before reactions on the ground come forth. At present, these societal changes are in a state of flux. I am not very certain how things would crystallise in reality as there is bound to be opposition. But largely speaking, it is a step in the positive direction.

Dr Prem Chowdhry, historian

The writer is Director, Women’s Studies Research Centre, Kurukshetra University, Kurukshetra