The world since September 11th 2001 is a world no different to that before in most areas. The conflicts continue; double standards, lies, myths, and ignorance still prevail. India and Pakistan still squabble over the territory of Jammu Kashmir. The sale of arms to both countries takes precedent over another consideration, including the millions of lives currently at stake. India and Pakistan are using threat of a first ever-nuclear war in the history of mankind as a smoke screen to avoid settling the Kashmir issue. However the one thing that has and will continue to change is the power of the people. The Kashmiri people will, one day, find themselves powerful enough to decide on their destiny, their future, for themselves and their children.
The conscientious people of the world are realising that they can make a difference.
They understand that the rulers of India and Pakistan should not be allowed to use their plagued and complex socio-economic and political problems with in their countries as an excuse not to accept the unconditional right of self-determination of the people of Jammu Kashmir.
Still most of the people do not know; what is the reality of Jammu and Kashmir issue? Its history and background. It is very important to set the record straight and for the whole world to know what the people of Jammu Kashmir want.
History
The State of Jammu Kashmir exists as a distinct political and geographical entity from before B.C with varying borders and sovereignty. The total area of Jammu Kashmir is 2, 22,336 Sq.Km and a population of over 13.5 million. It existed as an autonomous state from 16 March 1846 by virtue of a special Treaty of Amritser between British rulers of Indian subcontinent and Maharaja (ruler) of Jammu Kashmir till 13 August1947 when it became a sovereign state. This sovereignty and independence was soon lost when the Indian armed forces invaded the state on 27 October 1947. At the same time Pakistani armed forces also entered into the state and both armies clashed in Jammu Kashmir to occupy the whole State. In 1948-49 United Nations mediated a cease-fire and resolved to arrange a plebiscite to determine the future status of Jammu Kashmir according to the wishes of the people of Jammu Kashmir. However, India and Pakistan both refused to withdraw their armed forces from Jammu Kashmir and hold a free plebiscite to recognise the right of Kashmiri people to self-determination.
Indian claims about Kashmir
1. The State of Jammu Kashmir is an integral part of India on the basis of it being always a part of the former and the execution of the Instrument of Accession by Maharaja on 26 October 1947.
2. The legislative assembly of the State later ratified this accession.
3. Subsequent elections in the state under Indian Constitution put seal of approval of accession by the general masses.
4. UN Resolutions became obsolete as:
a) Pakistan refused to withdraw its forces from The State.
b) Simla Agreement taking precedence made them superfluous.
1. India cannot afford to accept the right of self-determination of Kashmiris. The fear that secession of the Jammu Kashmir would set off a chain reaction around India which may prompt other states to press for similar demands; thus triggering the process of disintegration of India. Separation of Kashmir from India would infuriate Hindu Masses in general and extremist in particular who, at best, would demand expulsion of all Muslims from India or, at worst, put their lives in jeopardy.
2. India considers present people resistance movement in Jammu Kashmir as:
1. Pakistan’s instigated and sponsored cross border terrorism against India
2. Muslim fundamentalist and fanatic’s campaign against secular Indian state.
Pakistan’s claims about Kashmir
1. Pakistan consider Kashmir its vital part for:
a) Its geographical alignment and strategic position.
b) Flow of waters in the rivers of Kashmir towards Pakistan.
c) Mutual cultural and religious background.
1. She assumes that Kashmir should have become part of Pakistan on the basis of:
1. Two-Nation theory of 1930 upon which British India divided in two states Pakistan and India in 1947.
2. The Lahore (syn. Pakistan) resolution of March 23, 1940.
3. The so-called supposed desire of Muslims of Jammu Kashmir to Join Pakistan.
2. Pakistan does not accept the right to independence (The unconditional right of self-determination) of Kashmiris.
3. Pakistan sees the solution of Kashmir issue by implementation of UN Resolutions, which restrict Kashmiris to accession to either India or Pakistan.
The fact of the matter is that both India and Pakistan historically, morally or by any other international standards have no logic or reasons to their respective claims.
Let us see what the people of Jammu Kashmir say:
About Indian Claims
1. Jammu Kashmir has never been part of Indian dominion nor British India, which was divided in 1947, and two new UN member states India and Pakistan came into being.
The Maharaja (Ruler) of Kashmir was deposed and dethroned by Kashmiri popular rebellion and had fled from capital, therefore he lacked the authority to sign any instrument of accession on behalf of the nation. Also, India has failed to produce any so-called instrument of accession originally signed by Maharaja of Kashmir.
1. The ratification of the so-called accession by an Indian selected and constituted legislative assembly in Kashmir was mere a drama and was duly rejected by UN Security Council Resolution No.91 (1951) Document No.S/2017/Rev.I Dated March 30, 1951 and Resolution No.122 (1957) adopted by U.N Security Council at its 765th Meeting on 24 Jan.1957.
2. Elections in Indian occupied Kashmir have always been rigid and engineered in results, they cannot be equated with UN sponsored Plebiscite.
3. Neither Kashmiris were afforded opportunity to present their case at UN Security Council nor this institution addressed the issue in its real context in the past, therefore, it is irrelevant whether the UN Resolutions on Kashmir are still applicable or not. Kashmiri have rejected all bilateral agreements (i.e. Tashkent, Simla etc.) between India and Pakistan about their future. Because they never been given the opportunity by these two oppressive nations to present their point of view. Subjugation of a nation cannot be justifies on any grounds nor the will of the people can be traded against the integrity of a oppressive occupying country e.g. Iraqi invasion of Kuwait, USSR invasion of Afghanistan, Indonesian occupation of East Timor and Serbian invasion of Kosovo etc.
4. To contain Hindu fundamentalism, to protect Muslims, Christians and other religious and ethnic minorities from Hindu extremists is the responsibility of Indian Government. Their continued failure to do so has no logic that Kashmiri should not allowed to exercise their right to self-determination.
5. The present people resistance movement in Indian occupied Jammu Kashmir is a legitimate, genuine freedom struggle against occupying forces just like Afghans people struggle against USSR and then Taliban. Kashmiris never accepted the Line of Control (LOC) as border just as Germans did not accept Berlin wall as their Boundary, so the issue of cross border terrorism has no relevance in Jammu Kashmir. Neither the Kashmiri freedom fighters are terrorist nor they crossing over any international border. The people of Jammu Kashmir have a proud and prosperous past and centuries of harmoniously shared experience between their multi ethnic, cultural and religious people. To call Kashmiri’s freedom struggle a Muslim fundamentalist and fanatic campaign of terrorism is just a mere propaganda to malign a genuine people resistance movement for their independence.
About Pakistan’s Claims
1. Geographical alignment, strategic position or direction of flow of water in the rivers of a state does not take precedence over the independence of a nation. Historically Jammu Kashmir has been a sovereign and independent state over many centuries. There is no Historical background of Jammu Kashmir being part of Pakistan, as she did not exist before 1947.
2. The territories of British Indian dominion (Raj), which were proposed to divide on the basis of Two Nation Theory, did not include Jammu Kashmir. Also The Lahore (Pakistan) Resolution of 23 March 1940 bears no reference to Jammu Kashmir.
3. The Indian Independence Act of 1946 provides no clues to justify Pakistan’s claim on Jammu Kashmir. However, its clause 7, section B does confirm lapse of paramountacy on Princely Indian States, thereby rendering them technically and legally Independent.
4. Majority of Kashmiri people does not accept conditional plebiscite for accession to either India or Pakistan.
In view of the above stated facts and taking full account of the wishes of the people of Jammu Kashmir. A land once called paradise in the folds of Himalayas. It is clear that this is not a territorial dispute between India and Pakistan but is a question of the Right of Self- determination of 12.5 million people of the state. India and Pakistan should withdraw their armed forces from Jammu Kashmir and all human rights violations at the hands of occupying force must end now. The freedom of speech and movement to all parts of the state should be allowed to the people so that they can freely interact with each other to discuss about their political future and re-unite with their loved ones. It is very important that the international community should initiate a process of lasting solution to the Kashmir dispute in accordance with the Charter of the United Nation; So that the people of Jammu Kashmir can live in peace and enjoy their rightful position within the community of nations in 21st century.
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About the Author: Sardar Aftab Khan
Aftab Khan, activist, engineer and mediator, began his career as youth and students activist in 1988. He is actively involved in world youth development issues, conflict management, reconciliation and peace building. He can be contacted by E. Mail: aftab787@yahoo.com
Note: This paper is based on basic research of Dr. Jameel Meer Founder member of Kashmir Freedom Movement (KFM).
Dated: 10 February 2001
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