Then we descend into the argument of chicken and the egg.. and the dinosaurs and the amphibians and the troglodytes and so on.
That is where we are stuck: one side insisting on the letter of the law, the other side insisting on the spirit of the law, in this case, the law governing the constitution of the two dominions, and the law relating to the creation of the two, incorporating the fate of the princely states.
This will never end.
On the other hand, we have an opportunity to shed these burdens and walk to a new set of competitive ideas, which might be easier to reconcile.
It is clear that the circle we have to square is the essential Pakistani position that a Muslim is not comfortable under Hindu rule, and the essential Indian position that religion can be neutralised by a secular constitution and an implementation of that secularism in daily life. Unfortunately, here that Indian ideology is no longer in exclusive control of the premises. The alternative ideology, that south Asia is for south Asians, and those who have their allegiance to extramural concepts and theologies cannot qualify, is of recent origin. It is not clear if it is here to stay. If it is, then it is bad news for all inclusive political positions.
The third alternative is to ignore all solutions not based on empiricism. If whatever is theoretically argued, proved and presented is ignored, on both sides, about both sides, then we have a glimmering of a choice. If we forget why Kashmir ideally should have joined a Muslim-majority state, or why the Maharaja's sovereign privilege is not to be flouted, we should agree that each side has a contribution to make.
The Indian side has to swallow hard, roll back the extraordinary legacy of the Indian defence of this space and its inhabitants, and step back from its existing position. It has to acknowledge its own contribution through rank bad governance to the problem (my friend B. R. Singh Nain, former Principal Secretary, and sometime Advisor to Farooq Abdullah, has written a candid middle in Times of India today; even those of us who dislike the Times Group and its cynical money-grubbing antics should read it). It has to stop fiddling with adjusting a setting here and changing a setting there, and look at fundamentals. Without throwing the pro-Indian elements, of whom there are hugely many more than a jaundiced view will admit, to the wolves, Kashmir has to be given the maximum autonomy permissible, and even some more to be teased out of the possibility of Constitutional amendment, of both constitutions in question. Open borders are more difficult to implement, although they have been proposed by many.
The Pakistani side has to swallow its sense of entitlement based on religion and remind itself that this to be brought into the reckoning any more. If it wishes to contribute, it may do so with some sacrifice of its own: Kashmir will not be Pakistani in its entirety, but a troubled, distressed part of it may gain that psychological Elysium that it has been taught to want. For that, Pakistan has to stay aloof and not insist on intruding itself into the Vale as a predetermined condition for neutrality and fostering of peace.
These are views that a great many Indians might subscribe to. It is not that in our own little nook, our private mailing list, this has not been explored at very great length, and the opinion of various eminent thinkers invited, to the edification of all. It is apparent from those discussions and others in other fora that some consensus is possible on these lines, and there might be support for it even from the right wing bravos.
Will it get a hearing? Might there be some cautious steps taken towards it, ONCE THE PRESENT TROUBLES ARE QUIETENED DOWN?