On Kashmir, Justice, And The Total Central State

There are two items in the news today that refer to Kashmir – and these are of great significance to theories of the “Role of State.” Historically, the Kashmiri people have never thought deeply on this issue. Sheikh Abdullah was a Communist; he sided with Nehru because of the latter’s strong views on State Socialism. Srinagar’s city-centre is named Lal Chowk after Moscow’s Red Square. And we all know what the Commies did there.

The first news is of the mess up of crucial evidence in the Shopian double rape-and-murder case. Two young women, one pregnant, were raped and murdered some months ago in Shopian, allegedly by security personnel. Investigations into this ghastly crime have been thwarted by indecision over whether the Kashmir police or the central government’s CBI should be in charge. Finally, the case was given to the CBI, who have just revealed that the vaginal smears sent for forensic examination were not those of the victims. The bodies are now to be exhumed. Violated in life; violated in the grave. And this is nothing new from Kashmir. If anything, it is an old story.

The second item in the news on Kashmir is that the Central government has sanctioned money to build a new university there (and another for Jammu). The university will have “instructional and research facilities in emerging branches of learning like information technology, biotechnology and nanosciences.”

If our typically clientelistic politics is any guide, this university will employ clients of the Central State, their intellectual bodyguards, people who are more dangerous to society than the rapist-murderers in uniform. If I recall my conducted tour of Srinagar, the city already has a university. And, anyway, the critical knowledge that is missing from this beautiful valley is that on the “Role of State.” I suggest private effort to build a school of social science.

Which brings me to our Question of the Day: Does the administration of Justice fall within the legitimate role of The State? And what about “education”? And what if we discuss these questions with special reference to Kashmir today?

I spoke in two colleges in Srinagar, one a women’s college, and the other the famous Amar Singh College. In both I was impressed by the students and the faculty. There are lots of very bright people there.

This impression from institutions of learning was further reinforced by the many shikara-rowing salesmen I interacted with from my houseboat deck: these people are great businessmen too. Their biggest talent lies in keeping tourists happy – and tourism is more important for their economy than “information technology, biotechnology and nanosciences” put together. This requires peace. And that requires reflection on the question of the “Role of State.” This is the burning issue of the day.

While discussing this question with reference to Kashmir, it must be noted that these unfortunate people now suffer from the attentions of the Total Central State in New Delhi. There is no Mayor of Srinagar. And the chief minister is a puppet of the Central State. The J&K finance minister told me that 90 per cent of his budget comes from Delhi. This does not include the huge amount spent on the insecurity forces. While discussing the Role of State, we must also discuss the Principle of Subsidiarity – the idea that local self-government must come first.

I am confident that when these discussions take place, the vast majority will hold that The State is required for Justice – and not for Education. Even those who insist that both these subjects fall under the legitimate role of the State will be forced to admit that Justice is the more important role and education is less so.

I will therefore conclude with a mighty sixer over the long on fence:

There is a way by which we can get Justice Without The State; and that is, victims must be allowed to collect their own evidence and prosecute their own cases. The State Police monopoly over investigation, prosecution and punishment can be broken.

Recommended reading: Bruce Benson’s The Enterprise of Law: Justice Without The State. Buy your copy here.