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On Dec 11, the Supreme Court of India delivered a historic judgment on the abrogation of Articles 370 and 35(A). Through its judgment, the Court has upheld the sovereignty and integrity of India, something that is cherished by every Indian. The Supreme Court rightly observed that the decision taken on 5 Aug 2019 was done with the purpose of enhancing constitutional integration and not disintegration. The Court has also recognised the fact that Article 370 was not permanent in nature.

Jammu, Kashmir and Ladakh’s breathtaking landscapes, serene valleys, and majestic mountains have captivated the hearts of poets, artists and adventurers for generations. It is a place where the sublime meets the extraordinary, where the Himalayas reach for the sky, and where the pristine waters of its lakes and rivers mirror the heavens. But, for the last seven decades, these places have witnessed the worst form of violence and instability, something which the wonderful people never deserved.

Unfortunately, due to centuries of colonization, most notably economic and mental subjugation, we became a confused society of sorts. Rather than taking a clear position on very basic things, we allowed duality, leading to confusion. Sadly, Jammu and Kashmir became a big victim of such a mindset. At the time of independence, we had a choice of making a fresh start for national integration. Instead, we decided to continue with the confused society approach even if it meant ignoring the long-term national interests.

I have had the opportunity of being connected with the Jammu and Kashmir Andolan from a very early part of my life. I belong to an ideological framework where Jammu and Kashmir was not merely a political issue. But, it was about addressing the aspirations of society. Dr Syama Prasad Mookerjee held an important portfolio in the Nehru Cabinet and could have remained in government for a long time. Yet, he quit the Cabinet over the Kashmir issue and preferred the tough road ahead, even if it meant paying with his life. His efforts and sacrifice led to crores of Indians becoming emotionally attached with the Kashmir issue. Years later, Atal Ji, at a public meeting in Srinagar gave the powerful message of ‘Insaniyat’, ‘Jamhooriyat’ and ‘Kashmiriyat’, which has also always been a source of great inspiration.

It was always my firm belief that what had happened in Jammu and Kashmir was a great betrayal- to our nation and to the people living there. It was also my strong desire to do whatever I can to remove this blot, this injustice done to the people. I have always wanted to work to alleviate the suffering of the people of Jammu and Kashmir.

In very basic words- Articles 370 and 35 (A) were like major obstacles. It seemed like an unbreakable wall and the sufferers were the poor and downtrodden. Articles 370 and 35 (A) ensured that the people of Jammu and Kashmir never got the rights and development that the rest of their fellow Indians got. Due to these Articles, a distance was created between people belonging to the same nation. Due to this distance, many people from our nation who wanted to work to solve the problems of Jammu and Kashmir were unable to do so even if they clearly felt the pain of the people there.

As a Karyakarta who has seen the issue closely over the last several decades, I had a nuanced understanding of the specifics and the complexities of the issue. Yet, I was crystal clear about one thing—that the people of Jammu and Kashmir want development and they want to contribute to the development of India based on their strengths and skills. They also want a better quality of life for their children, a life free from violence and uncertainty.

Thus, while serving the people of Jammu and Kashmir, we gave primacy to three pillars—understanding of the citizens’ concerns, building trust through supportive actions, and prioritizing development, development and more development.

In 2014, just after we assumed office, deadly floods struck Jammu and Kashmir, with a lot of damage in the Kashmir valley. In Sept 2014, I went to Srinagar to assess the situation and also announced InRs  10bn as a special assistance for rehabilitation, signaling our government’s commitment to supporting the people during crises. I had the opportunity to meet people from different walks of life and there was one common thread in these interactions- the people not only wanted development but they also wanted freedom from the rampant corruption prevailing for decades. The same year, I decided not to mark Diwali in remembrance of those we lost in Jammu and Kashmir. I also decided to be in Jammu and Kashmir on Diwali day.

In order to further strengthen Jammu and Kashmir’s development journey, we decided that our Government ministers would frequently go there and interact with people directly. These frequent visits also played a crucial role in building goodwill in Jammu and Kashmir. From May 2014 to March 2019, over 150 ministerial visits took place. This is a record in itself. The special package of 2015 was a significant step in addressing the developmental needs of Jammu and Kashmir. It contained initiatives for infrastructure development, job creation, tourism promotion and support to the handicraft industry.

We harnessed the power of sports in Jammu and Kashmir, recognising its potential to ignite the dreams of the youth. Through sporting initiatives, we witnessed the transformational impact of athletic pursuits on their aspirations and futures. Sporting venues were upgraded, training programmes were organized and coaches were made available. One of the most unique things was to encourage the setting of local football clubs. The results were outstanding. The name of the talented footballer Afshan Ashiq comes to my mind- in Dec 2014 she was a part of a stone pelting group in Srinagar but with the right encouragement she turned to football, she was sent for training and excelled in the game. I recall interacting with her in one of the Fit India Dialogues where I said it’s time to move over ‘Bend it like Beckham’ because it is now ‘Ace it like Afshan.’ Other youngsters began to shine in kickboxing, Karate and more.

The Panchayat polls were also a watershed moment in the region’s quest for all-round development. Once again, we were faced with a choice of either remaining in power or standing by our principles- the choice was never tough and we let go of a Government but preferred that those ideals that we stand for, the aspirations of the people of Jammu and Kashmir are given top priority. The success of Panchayat polls indicated the democratic nature of the people of Jammu and Kashmir. My mind went back to an interaction I had with Pradhans from the villages. Among other issues, I made a request to them- that at no point must schools be burnt and that must be ensured. I was delighted to see that this was adhered to. After all, if schools are burnt the biggest sufferers are the small children.

The historical day of 5th August is etched in the hearts and minds of every Indian. Our Parliament passed the historic decision to abrogate Article 370. Since then, much has changed in Jammu, Kashmir and Ladakh. The judicial court verdict came in December 2023 but seeing the wave of development across Jammu, Kashmir and Ladakh, the people’s court have given a resounding thumbs up to the Parliament’s decision of abolishing Articles 370 and 35(A) for four years now.

At a political level, the last 4 years have been marked with a renewed faith in grassroots democracy. The women, tribals, SC, ST and marginalized sections of society were not getting their due. At the same time, the aspirations of Ladakh were totally ignored. 5 Aug 2019 changed all that. All Central laws now apply without fear or favor. Representation has also got more widespread- a three tier Panchayati Raj System is in place, BDC elections have been held, and refugee communities who were all but forgotten have begun to enjoy the fruits of development.

Key Central Government schemes have attained saturation levels, thus covering all sections of society. These include Saubhagya, Ujwala and Ujjwala schemes. Strides have been made in housing, tap water connection and financial inclusion. Healthcare, otherwise a major challenge for the people, has witnessed an upgrade of infrastructure. All the villages achieved ODF Plus stats. Government vacancies, which were otherwise a den of corruption and favoritism have been filled in a transparent and process driven manner. Other indicators like IMR have shown betterment. The boost to infrastructure and tourism has been for everyone to see. The credit for this naturally goes to the resilience of the people of Jammu and Kashmir, who have shown time and again that they want only development and are willing to be drivers of this positive change. Earlier, there was a question mark on the status of Jammu, Kashmir and Ladakh. Now, there are only exclamation marks about record growth, record development, record tourist inflow.
In its verdict on Dec 11, the Supreme Court has strengthened the spirit of ‘Ek Bharat, Shreshtha Bharat’—it has reminded us that what defines us is the bonds of unity and a shared commitment to good governance. Today, every child born in Jammu, Kashmir and Ladakh is born with a clean canvas, where he or she can paint a future full of vibrant aspirations. Today, the dreams of the people are no longer prisoners of the past but are possibilities of the future. After all, Development, democracy and dignity have replaced disillusionment, disappointment and despondency.

Every winter, the skies of Nepal welcome migratory birds, embarking on epic journeys from Siberian realms covering thousands of kilometers. Their graceful flights wow many hearts and minds. On a parallel realm, beneath the shimmering surface of the river, a similar marvel unfolds with the onset of monsoon (rainy season)—the migration of majestic Mahseer. Migration, a vital journey taken by animals regularly for a particular reason, usually at a particular time of the year, is an essential adaptation strategy for survival. Unlike bird migration, fish migration is intricately tied to the availability of free-flowing waters. This crucial journey is being jeopardized by a rapid development of hydropower projects and river modifications. These engineering feats, while harnessing energy and water resources, are disrupting the natural flow of the river, obstructing the Mahseer’s migration cycle and driving them toward extinction.

As the monsoon rains recede, a mesmerizing natural event unfolds in the rivers of Nepal. Freshwater fish embark on epic journeys, traversing hundreds of kilometers to reach their spawning grounds. This epic phenomenon is a critical part of many fish species’ life cycles, including the iconic Mahseer. Fish migration is the periodic seasonal movement between breeding and foraging grounds. This is an important cycle of life for most migratory fish species meant to prevent the extinction of species.

Mahseer, often referred to as ‘the tiger of the river’ (first used by conservationist Jim Corbett), symbolize Himalayan rivers. Mahi means ‘fish’ and sher, meaning ‘tiger’, and the word reflects their cultural, economic and recreational significance. These are apex species, which indicate the overall health of the ecosystem, just like apex terrestrial species such as tigers. They are important food fish and a delicacy for many indigenous communities. They are important game fish among anglers, for their strength, stamina and splendor. Mahseer undertakes awe-inspiring journeys, navigating rapids in search of critical spawning habitats. Golden Mahseer are listed as endangered on the IUCN Red List of Threatened Species.

Nepal rivers flow through varied ecological realms, hosting many indigenous, rare and endangered fish species. Unfortunately, the migration behavior of these species remains understudied and misunderstood. This knowledge gap has contributed to overlooking the impact of hydropower and irrigation projects. Recent reports from the Asian Development Bank (ADB) reveal that dam locations are selected without considering the cumulative impact on fish migration routes.

Most of Nepal’s river systems are already obstructed by dams, restricting seasonal fish migration to the upper reaches for spawning and feeding and returning. The consequences extend beyond the blockage of migratory paths, affecting water discharge downstream, breeding grounds, limnological parameters, nutrient flows and the overall ecological balance.

It is widely observed that the barrier effect is responsible for a sharp decline in fish populations in rivers with dams. Case studies from the Kaligandaki have revealed that populations of migratory species like Goonch, Raj Baam and Sahar have declined after the construction of the Kaligandaki A project (144MW). Similar is the case in other rivers. Government policies waiving environmental impact assessments (EIA) for projects up to 50 MW capacity have exacerbated the issue, impacting fish species without accountability.

The implementation of mitigation measures such as fish passages, environmental flow, restriction on fishing and sand mining from rivers is crucial for the conservation of fish species. Unfortunately, their effectiveness has been compromised by poor implementation and lack of monitoring. The correct choice of fish passage design is a critical factor, and needs to be tested for known fish species by fishery specialists. Engineers and environmental experts must find the best modifications that facilitate migration. Overlooking the migratory pathways is a mistake which is hampering the economy and ecological balance of aquatic systems.

Saving a lifeline

The Karnali river stands as a testament to the untamed beauty of Nepal's waterways. As the last free-flowing river in the nation, it holds a unique ecological heritage, providing sanctuary for a diverse range of species, including the revered Mahseer. The river supports habitat for 50 migratory species, including the Golden Mahseer and 24 species currently on the IUCN Red List for conservation.

Access to quality spawning habitats is vital for survival and productivity of fish populations. The uninterrupted natural course of the Karnali river provides pathways for migratory fish like Mahseer to spawn and thrive. However, the rapid development of hydropower projects and river modifications has cast a shadow over this pristine watercourse, threatening the very existence of its iconic inhabitants. If such happens, Mahseer and other migratory fish face insurmountable obstacles, jeopardizing their populations and causing a ripple effect of ecological disruption.

The Karnali, as the last free-flowing artery in Nepal, is not only a sanctuary for fish; it is the lifeblood of communities lining its banks. The annual migrations of fish hold profound cultural, historical and economic significance. They fuel local economies through activities such as angling, ecotourism and fisheries. Moreover, the presence of healthy fish populations sustains countless individuals, who rely on the river for their livelihoods.

Despite their ecological and economic importance, the Mahseer populations have witnessed dramatic declines. Overexploitation, habitat fragmentation and loss, and pollution pose significant threats. Destructive fishing practices and unregulated sand and boulder mining have further deteriorated the potential breeding grounds of the Mahseer.

Hydroelectric dams, touted as symbols of progress, inadvertently disrupt the natural flow of rivers, obstructing migratory routes. Reduced migration means limited access to crucial breeding grounds, leading to a decline in genetic diversity and overall Mahseer population. With each passing year, their numbers dwindle, pushing this iconic species closer to the brink of extinction.

The Mahseer are migratory species and rely on free-flowing rivers. Free-flowing rivers are the lifeblood of migratory fish species. The unobstructed waterways provide the essential pathways that allow fish to reach their spawning grounds, contributing to the sustainability and resilience of their populations. However, the rapid pace of hydropower development has threatened their survival.

The cost of decreased Mahseer and other migratory fish populations is not just ecological, it creates a domino effect of ecological disruptions, affecting the health of ecosystems, local communities, and cultural traditions of various indigenous riverine communities. 

Their annual migrations have become interwoven with local traditions, providing livelihoods, and enhancing the cultural fabric to the communities.  Mahseer are an important game species, thus communities can also make earnings through ecotourism and angling. Additionally, healthy fish populations contribute to the livelihoods of countless individuals dependent on the rivers. Their loss could lead to food security issues among fishing communities. Beyond their intrinsic value, conservation of Mahseer yields a multitude of ecosystem services, from balancing the aquatic food chain to supporting healthy aquatic and terrestrial environments. Once lost, restoring and conserving such obstructed habitats will be a costly process.

In conclusion, the preservation of natural river flows is not just an environmental endeavor; it is a pledge to safeguard the legacy of Nepal’s rivers for generations to come. Collaborative efforts between engineers and conservationists, along with prioritizing research, are essential for ensuring that future generations witness the grandeur of the Mahseer in Nepal’s rivers.

Nepal has a wealth of skilled individuals in its banking sector, but it’s not without challenges. One prominent issue is the centralization of Nepali banks in urban areas, overlooking the essential development of banking services in rural settings. This disparity in focus has contributed to a substantial imbalance in financial accessibility across the country. Moreover, rather than investing in production-driven enterprises, Nepali banks tend to divert their resources into endeavors that promise quick profits, such as trade, real estate, automobiles, tourism, and various service sectors. Unfortunately, there’s been a lack of effective regulation by the government in controlling these investment tendencies. Complicating matters further, certain investors are involved in both banking and trading activities, leading to conflicts of interest within the financial landscape. These problems have arisen due to the absence of clear directives from political leadership, ultimately impacting both the banking sector and the country’s overall economy negatively.

Despite these challenges, Nepal’s banking regulatory body, Nepal Rastra Bank (NRB), has played a crucial role in enhancing the Nepali banking system. The guidance and oversight provided by global financial institutions like the World Bank and the International Monetary Fund (IMF) have contributed to NRB’s improvements, ensuring better practices within the sector.

The insurance industry in Nepal, though relatively young, was initially established to offer support to banks. Even today, it maintains a closely intertwined relationship with banking institutions. The performance of insurance companies heavily relies on the health of the banking sector; any decline in banking activities typically leads to a downturn in the insurance business. Despite the expansion of the insurance industry, with over 40 life and general insurance companies operating in Nepal, their performance is not meeting optimistic expectations. Economic indicators paint a grim picture, suggesting that Nepal is already in the throes of a crisis. 

Consequently, there’s a growing sentiment advocating for the downsizing of banks and insurance companies. It’s believed that the government needs to formulate comprehensive strategies to combat this economic downturn, ensuring the sustenance of all citizens. Criticism has been directed at Nepal’s bureaucratic system, claiming that laws and policies are often crafted to serve the interests of bureaucrats rather than the public. Many laws in Nepal are borrowed from foreign jurisdictions and lack a local context, such as the extensive and ambiguous nature of the Income Tax Act, which inhibits revenue generation.

For a more robust and inclusive revenue collection framework that involves every Nepali citizen, there’s a need for tax laws and provisions that encourage compliance. It’s essential for legislation to reflect public demands and for substantial restructuring within sectors like banking, insurance, security markets and corporations. Moreover, the leadership within these organizations needs to comprise experts in the respective fields to navigate the complexities effectively.

The labor landscape in Nepal is a cause for concern, characterized by numerous daily wage workers grappling with inadequate compensation. The prevailing situation often leaves workers struggling to make the ends meet. To address this, the government should conduct studies to determine the minimum income required for a decent standard of living and ensure strict adherence to a minimum wage cap. Regular updates to this cap are necessary to counter the effects of inflation. Additionally, maintaining an updated database of employed and unemployed individuals is imperative, allowing the government to create employment opportunities and provide financial support to non-working age groups.

Legal disputes in banking, such as conflicts between banks and borrowers, revenue-related issues, and trade disputes, have seen a notable surge, primarily due to the prevailing economic downturn. Entrepreneurs are facing challenges in repaying loans due to the stagnancy in their businesses. Financial literacy, however, has witnessed growth in Nepal, partially owing to the 2015 Constitution mandating banks and financial institutions to establish branches in local governments. This initiative aimed to spread financial awareness and education about savings, deposits, and withdrawals among the populace. Nevertheless, banks still need to play a more significant role in fostering entrepreneurship and supporting various business ventures to generate employment opportunities across the country.

Addressing these issues is feasible if political leadership takes proactive measures and shows accountability. Despite the ongoing crisis, there’s a noticeable lack of urgency from the government and concerned entities to resolve these pressing matters. The solution lies in the government rectifying its approaches, fostering a conducive environment for entrepreneurship, seeking guidance from experts and learning from the successes of neighboring robust economies. Moreover, bureaucracy in Nepal needs reform; the prevalent sense of superiority among bureaucrats needs correction to enhance their work ethic and conduct.

The author is a member of the Supreme Court Bar and has been practicing corporate law for around three decades

Nestled in the foothills of the Himalayas, Nepal has recently experienced a unique fusion of media magnetism and political skills, like a fast-moving Ferrari negotiating narrow mountain roads. Like a fast car navigating a maze of regulations, Nepali politics is propelled by a combination of media charisma and sharp intellect. The players in Nepal’s varied political landscape, where ideologies collide and alliances change like sand dunes in a desert storm, possess a sharp mind and a captivating charisma that makes them resemble a sleek Ferrari navigating the political curves of a Himalayan landscape.

The Ferrari brain

A ‘Ferrari brain’ is a term used to describe the quick, nimble and strategically astute minds that power Nepali politics. These people have a special aptitude for navigating the treacherous political landscape, changing courses quickly and pinpointing opportunities. There are several such leaders with impressive political acumen in Nepal’s political history.

The political climate in Nepal is changing quickly and a new generation of leaders is becoming known as the ‘Ferrari brains’ of the country. These leaders are renowned for their keen minds, astute judgment and progress-oriented motivation that matches a Ferrari. Coming from a variety of professions, including activism and education, they have introduced new viewpoints to the nation’s political scene.

Politicians in Nepal frequently have to be skilled at creating coalitions, negotiating with a wide variety of political groups and taking on urgent problems like changes to the Constitution and difficulties with the government. Their ability to control the political course of the country is comparable to operating a high-performance sports vehicle; it is agile and swift, able to handle sudden obstacles and sharp curves.

Media darlings

There is another aspect to Nepali politics: The ‘media darlings’. These are leaders with a magnetic charm that captures the people's imagination. They are also skilled at engaging the general public through the media. They are skilled at using public appearances, television and social media to further their reputation and influence.

Public opinion is greatly influenced by the media in this day and age of knowledge. Like media darlings, Nepali politicians use communication to reach out to the public. Like the appeal of a Ferrari, their capacity to express ideas and ambitions captures the public’s interest. Media darlings are powerful individuals in Nepal’s political arena because they connect with a wide range of people by their charm, wit and eloquence. Their influence is multiplied by their capacity to interact with the public via a variety of channels, which makes them invaluable resources in the political sphere.

The fusion

The way these two dynamics interact is what makes Nepali politics so fascinating. ‘Ferrari brains’ may be the driving force behind policy decisions, but ‘media darlings’ have the power to shape public perception. As political leaders compete for public attention and influence, this frequently leads to a tug-of-war between substance and style.

The combination of media celebrities and Ferrari intellectuals produces a powerful synergy that advances Nepali politics. Brilliant political strategists are given a platform by charismatic, media-savvy leaders. This combination creates policies and effectively conveys them to the public, winning over support and bringing about social change. The combination makes it possible for the political system to change to meet the ever-evolving requirements of the populace, guaranteeing that Nepal continues to advance toward inclusivity and development.

Challenges and prospects

Nepal’s distinct political environment presents both possibilities and difficulties. Coexisting intelligent people and media-savvy individuals can result in creative decision-making and efficient communication. But it can also lead to rivalry and conflict in the political sphere. The ability of Nepal to capitalize on the talents of both ‘media darlings’ and ‘Ferrari brains’ will determine its political destiny. In order to solve the urgent problems facing the country, infrastructure, social welfare, economic development, cooperation, compromise and efficient government are essential. 

The political climate in Nepal is not without its difficulties. It can be difficult to strike a balance between the demands of media presence and intellectual rigor. 

The nation has a wide range of socio-economic problems, from social inequality and infrastructural development to poverty and corruption. It takes more than just a bright image to solve these difficulties successfully; it also needs a thorough grasp of the issues at hand.

The political landscape of Nepal features an intriguing blend of ‘Ferrari brains’ and ‘media darlings’. While intelligence and strategic thinking are important, so is the capacity to engage the public and work with the media to reach a large audience. A balanced combination of the two can lead to successful government and development in Nepal. The way these two processes coexist will determine how Nepal’s political environment develops in the future. Nepali politics is an intriguing blend of media-savvy leaders, who recognize the value of public perception and smart minds that can navigate murky political seas. The way these elements interact determines the political course of the nation. The future of Nepal will be shaped by the role of ‘Ferrari brains’ and ‘media darlings’ in its political arena.