Girdhari Lal Raina
In the political discourse of Jammu & Kashmir, a disturbing pattern has long persisted-the systematic marginalisation of regions, communities, and voices that do not conform to the dominant political narrative of the Valley-centric elite. This exclusionary outlook, which has shaped both policy and perception for decades, continues to undermine the democratic spirit and pluralistic ethos that India stands for.
Kashmir-centric political parties, particularly those rooted in dynastic traditions, have long equated the Union Territory of Jammu & Kashmir with the Valley plains alone. For them, “Kashmir” ends where the mountain passes begin. The vast and diverse Jammu region, as well as the far-flung hilly areas of the Kashmir province-Uri, Karnah, Keran, Machil, Gurez, Tulail-are treated as peripheral at best, and invisible at worst. These areas are only acknowledged when they serve to reinforce the electoral or ideological interests of the Valley core.
But the issue runs deeper than geographic neglect. The same exclusivist lens is applied to social and religious groups. Communities, including some sections of the Muslim society, that do not align with the Valley’s dominant socio-religious and cultural order are subtly “othered,” rendered irrelevant to the political imagination of Kashmir’s mainstream parties. Among the worst victims of this mindset have been the religious minorities of the Valley, particularly the Kashmiri Hindus (Pandits), whose tragic history of persecution, displacement, and exclusion remains unresolved and largely unacknowledged in Valley politics.
Undermining Minority Rights by Design
India’s democratic framework, as upheld by constitutional principles and judicial rulings, has made minority rights an essential feature of governance. Globally accepted norms demand that democracies provide institutional mechanisms-such as commissions, laws, and safeguards-to protect and promote the rights of religious and linguistic minorities. Yet, in Jammu & Kashmir, the implementation of these norms has been deliberately delayed, diluted, or denied.
The very idea of minority rights has been subverted by successive governments, who have not only repudiated demands for identification of religious minorities in Jammu Kashmir but also refused to create state-level mechanisms like a Minority Commission. This is not an oversight-it is a strategy. Recognizing religious minorities within Jammu & Kashmir would disrupt the narrative carefully cultivated by Valley-centric political leadership: that the Valley represents a homogenous, monolithic identity, and that those who differ are dispensable.
This situation is further complicated by a legal paradox. The National Commission for Minorities Act (1992) identifies six communities-Muslims, Christians, Sikhs, Buddhists, Jains, and Zoroastrians-as national minorities. But the Supreme Court has clarified, especially in the T.M.A. Pai Foundation case, that the unit for determining minority status is the state, not the nation. Thus, a community may be a minority in one state but not in another. This principle has significant implications for Jammu & Kashmir, where Hindus, especially Kashmiri Pandits, are clearly a numerical and cultural minority in the Valley.
Despite this legal clarity, the government of Jammu & Kashmir has failed to respond to Supreme Court directives on identifying minorities at the state/UT level. Unlike several other states that have proactively set up Minorities Commissions and tailored policies for state-specific minorities, J&K has shown calculated indifference. The absence of a Minority Commission here is not merely administrative inertia-it reflects a deep political reluctance to acknowledge the pluralism that the Valley’s dominant parties find inconvenient. These political entities remain satisfied with lip service to pluralism with out any obligation to recultivate it genuinely on ground in Kashmir valley.
Kashmiri Pandits: A Forgotten Minority
Few communities illustrate the collapse of minority protection mechanisms in J&K more starkly than the Kashmiri Pandits. Their exodus in 1988-89 was not just a humanitarian tragedy but a monumental failure of political responsibility. The social isolation, targeted threats, and violence they faced were a result of long-term political and institutional neglect. For decades Kashmir centric politicians responded with diversionary tactics in an attempt to defend the indefensible.
Over the years, multiple Chairpersons of the National Commission for Minorities (NCM) have raised concerns. In 1999, Prof. Tahir Mehmood, then Chairperson of the NCM, wrote to the then Chief Minister Dr. Farooq Abdullah, urging action to protect the “lives, properties, human rights and civil liberties” of the Hindu minority in J&K. Nearly two decades later, in 2017, Ghayorul Hasan Rizvi, another NCM Chairperson, publicly advocated for minority status to be granted to Kashmiri Pandits, questioning why they were excluded when minorities across India were receiving constitutional protections and benefits.
Yet, nothing has changed.
Even after the reorganization of J&K in 2019, and the supposed ushering in of a more inclusive era, successive regimes have failed to move beyond symbolism. Manifesto promises-such as those made by the National Conference-remain unfulfilled. The political will to institutionalize minority rights within the Union Territory is conspicuously absent.
A Dangerous Dual Advantage
The majority community in Kashmir today enjoys a rare and problematic duality-they are recognized as a national minority in India, while functioning as an absolute majority in the Valley. This dual advantage allows them to access the protections and benefits accorded to minorities at the national level, while retaining the power to exclude and marginalize actual minorities within the UT. This contradiction is not just morally indefensible; it is politically dangerous.
Time for Course Correction
The time has come to break this long-standing political monopoly. Minority rights are not a privilege to be selectively granted-they are a constitutional obligation. The recognition of religious minorities within J&K, the constitution of a Minority Commission, and the implementation of targeted protections are long overdue.
This is not a matter of appeasement. It is a matter of justice.
Any government-particularly one that claims to represent all regions and communities of Jammu & Kashmir-must be held accountable to its constitutional responsibilities. The first test of that accountability lies in whether it acknowledges the right of minorities to exist with dignity, security, and equal opportunity.
Anything less is a betrayal of democracy itself.
(The writer is a former Member of the Legislative Council of erstwhile state of Jammu Kashmir)
