People of Indian Occupied Kashmir are being humiliated, tortured, injured and even killed with impunity by the brutal Indian occupying forces. What crime have they committed? Is asking for the promises to be fulfilled a crime? The promise of the right of self-determination was made to them by the Indian leadership (both Mr Nehru and Lord Mountbatten) and the world (UN Security council) during the partition of British India. India calls Kashmir its integral part, the claim which is farthest from the truth and her stances negated in the following paragraphs.
The first argument that Indian gives is that Maharaja Hari Singh acceded its state to India in October 1947. It is pertinent to mention that maharaja was no longer in control of his state and had himself fled from Srinagar to Jammu and for all practical purposes was overthrown by the public of Kashmir. Since 1931 people had revolted against him and he had lost all control of the state especially in Kashmir by July 1947. Therefore, the letter of accession signed by him in October 1947 cannot be taken as a legal one.
Another argument put forward by Indians is regarding non-binding nature of UN Security Council (UNSC) resolutions on Kashmir. It is claimed that since the resolutions were adopted under Chapter VI (Settlement of disputes) rather than chapter VII (Threat to the peace and act of aggression) therefore, UNSC can only suggest and not enforce its recommendations. It is true that the Kashmir dispute was filed by India under chapter VI but the resolutions are silent as to under which chapter they were adopted. A cursory look into the history makes it evident that the Kashmir problem was not a mere dispute, rather a threat to the peace of the region; so logically resolutions had been adopted under Chapter VII rather than chapter VI. To further fortify my point, it may be noted that three wars have been fought between the two countries on Kashmir issue and any untoward incident can trigger a fourth war between the two nuclear armed neighbours that could have international fallouts.
India also blames Pakistan for not implementing UNSC recommendation whereby it was required to demilitarise the Kashmir before plebiscite could be held. UNSC recommendations required Pakistan to withdraw the tribesmen from Azad Kashmir and India to keep minimum forces necessary to help the civil administration to maintain law and order. Tribesmen have left the area since long whereas India has amassed approximately 700,000 soldiers in Kashmir which by any standard cannot be called minimum force. It is relevant to mention that Mr Frank Graham, a UN representative for overseeing Kashmir demilitarisation, suggested around 12000-18000 troops on Indian Side.
This blatant violation of UNSC by India frustrated another UN representative, Sir Owen Dixen, the Chief Justice of Australia, who resigned in protest and stated to Security Council, “I become convinced that India’s agreement would never be obtained to demilitarisation … freedom and fairness of the plebiscite might be imperilled”. However, before resignation Sir Owen Dixen proposed a viable and practical solution to the dispute. He proposed partition of the state between India and Pakistan and holding of plebiscite in Kashmir Valley. Regarding the criteria for deciding which part of the state should join which country; principle on which the partition of the British India was based should be taken as a guideline.
Another bogey used by Indian side is holding of “free and impartial” election in Kashmir and the resolution of Kashmir Assembly endorsing of state’s accession to India. UNSC in Jan 1957, very unequivocally stated that Kashmir Constituent Assembly cannot take any step to ascertain the future shape or affiliation of the state as it will be beyond its mandate. Moreover, every impartial observer has stated that the elections held under Indian forces were never free and impartial. In 1951, less than 5% of the population voted in the election and out of seventy-five seats, seventy-three were elected unopposed. Similar trend is visible in the latest elections held in Srinagar where only 2% of the voter casted their vote.
It is also contested by Indians that since Pakistan signed Shimla Agreement in 1972, thus the UN Security Council resolutions have been invalidated. No doubt Shimla Agreement lay down that the two countries should resolve their issues in bilateral negotiations but it also categorically stated that the two sides must meet and discuss the modalities and arrangements for final settlement of Kashmir. This is testified by the history that the Indians have remained extremely reluctant to enter into negotiations on the issue let alone agreeing to right of self-determination for the people of Kashmir. Thus it is Indians that have violated the spirit of Shimla Agreement by refusing to talk to Pakistan on the issue of Kashmir.
Clearly, India’s claim over Kashmir being its integral part is illegal. I am convinced that India has lost Kashmir and time is on the side of Kashmir. It is better that India and Pakistan enter into dialogue, preferably under UN auspices, and try and reach the solution. History has shown that whenever there is a revolt which has the support of ordinary masses, the people in power need to act fast otherwise great misfortune hits the area. I would urge the media in India and Pakistan to highlight the plight of Kashmiri people and the civil society of both countries to raise the issue of human rights violations in Indian Held Kashmir with much vigour.
India would like destroying Pakistan completely and also get destroyed partially rather than give 1 MM of Kashmir – it is too sacred for each and every Indian, come what may! I have read such dooms-day articles for past 50 years by Pak writers. This will continue for another 50 yrs – till Pak writers realise the futility of such thinking
Really, Completely destroying Pakistan. We are Not unarmed Kashmiri civilians. Pakistan Army is one of the strongest Army in the world. Don’t even think like that. Lesson from history is that No one learns from it and then history repeats itself. Hope 1000 years of Muslim rule is still fresh in your mind.
Ask yours parents ..they may remember Mughals rules in better way as yours grand parents must not have came from Iran …must have got converted in the fear of those mughals or by the temptation of some rewards.
Strange! If one loose argument one tend to become personalized.
Ordinary Indians need to stand up and remind their government that Kashmir plebiscite is an old promise of their “father of the nation” Mr Nehru, promise which he did infront of the World not in some private conversation. I’m glad that sane voices have started emerging from India and if civil society put more pressure then the Kashmir dispute can be resolved and this region can see enduring peace and prosperity tat it deserves but is illousioned due to Kashmir issue.
Plebiscite as per UN resolution or Plebiscite as per the demand of illiterate Pak writers? What you do is – first go and read the UN resolutions first and then come out if Pakistan want the plebiscite as per UN mandate. If they are ready, then no need for negotiations. Just vacate the entire POK, GILGIT BALTISTAN AND HAND OVER TO INDIA AND THEN ASK INDIA TO CONDUCT PLEBISCITE AS PER UN MANDATE. IF NOT WILLING, DO NO HAVE A RIGHT TO SPEAK.
Mr SINI, your argument proves that you have NOT read even one of the dozens UN resolutions and even have not try and read this article where the author has also tried to explain in few words. Kashmir is a disputed territory and India needs to address to this problem sooner or latter; sooner is better. One must understand that any fourth battle between the two nuclear armed neighbors will prove to be mutually assured destruction. Can India afford it with her aspiration to be World Super Power and member of UN security Council? THINK
Kindly read the resolutions which asks Pakistan to vacate POK & GB. Can you please do it
UN Resolution asks Pakistan to vacate the so called Tribal from the AJK as Indians were feeling threatened. They have left the area ever since though I wish they had not gone back until Srinagar was clear from all the Indians.
Its high time, pakistanis, who do not have any stake, stay out and let india settle down the matter with those who have grievances.
You manage your, we do manage ours
Old promises are relevant in ISLAMIC world as 92 virgins, place in heaven
We never denied plebiscite as per UN resolution, but there’s a catch all those 800,000 non-muslim votes would be taken into account, blab to your own liking
You are probably referring to Kashmiri Pundits. Plebiscite where millions of Kashmiris wants to join Pakistan vs few hundred thousand Pundits who have otherwise run away from Kashmir valley under hindu Governor Jagmohan rule will not make much of the difference. If Indians are so sure about their popularity then why afraid of going for plebiscite. Doodh ka doodh pani ka pani. Lets call Pakistan’s bluff, will you, please.
Please list down kashmiri of which religion you want and which you don’t want for sake of simplicity.
Pakistan needs Kashmir to tick it’s emotional islamic Box while India needs it to demonstrate it’s seculat character. The age old plebiscite resolution is dead and buried. Simla pact signed by Bhutto was death knell for the Kashmiris in the Indian part of Kashmir. He swore to it he would never in future risk the lives of 100 million pakistanis for them. He was the prime instigator of the 1965 warbetween India and Pakistan when the issue at stake was Kashmir. Now the issue is over bar the shouting. What one cannot get by fighting one cannot get across rhe table. World is full of such examples—ask the palestinians. If Kasmiris were bent on acheiving their? dream what prevented them in 1965 or in 1971.
Art 370 would be scrapped off,as for now “Kashmiri-muslums” may resort to self-“TERMINATION ” or wait for us to do the favour
A thought provoking article by the author. BJP media hawks should respond to these “allegations”. Both parties must get into negotiation aas this is the only way out. When the tempers are high and no table talk then any small incident can escalate the situation to full fledge war and Kashmir and its people will be ultimate looser.
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