Destruction and Injustice
The Tribulations Of
and UN Resolutions
of last decade have once again generated some curiosity and interest in the
issue of Jammu & Kashmir. Basic
facts pertaining to this issue are well established.
However, there has been a concerted dis-information campaign that
presents a distorted historical account of the developments that led to the
irrevocable accession of the state of Jammu & Kashmir to
India. The historical perspective needs
to be put in the correct, factual light.
princely state of Jammu & Kashmir had an area of 86, 000 Sq miles. It had
four distinct regions:
Kashmir, Ladakh and Gilgit. Of the
original State of Jammu & Kashmir 46% is currently with
India, 35% is under illegal occupation of
Pakistan, and 19% is occupied by
China. In the current portions of
, the break up of population by religion is: Muslims 64%, Hindus 32%, Sikhs,
Ladakh’s and others make up the remaining 4%.
is predominantly Hindu whereas Ladakh is Buddhist.
Muslim majority areas represent only 35 % of the total States area.
partition Kashmiris of all religions
sought an independent, united
, and found their political voice in the Kashmiri National Conference (NC) Party
led by Sheikh Mohammed Abdullah (a Muslim).
the time of partition areas of
under direct rule of the British were called “
” and other areas ruled by local rulers but under treaty with the British were
called “Indian India.” The
British India Act of 1947 established the process for independence of
was to be partitioned into
Pakistan. For every princely state, although legally they would become independent, they
were required by this act to accede to one or other dominion, keeping in mind
the geographical contiguity of their state.
was no provision mandating the consultation with the people of the princely
state concerned, the ruler had the final say in determining which country to
became an Islamic state as per its constitution whereas
with a majority Hindu population chose to be a secular and a democratic
republic. The ruler of
Jammu and Kashmir, Maharaja Hari Singh, had not yet exercised his accession option when the
partition created self-governing
took advantage of Jammu & Kashmir States ruler’s indecision and sent in
North-West Frontier Tribals to capture
. Maharaja’s army was unable to
repel this attack, and realizing the precarious position of his state the
Maharaja chose to join
India. Sheikh Mohammed Abdullah and NC party fully supported this decision.
the people of
Jammu and Kashmir
have thrown our lot with the Indian people, not in a heat of passion or a
moment of despair, but by a deliberate choice.”
Sheikh Abdullah: 29 May 1947
Accession of the state of
Jammu and Kashmir
, signed by the Maharaja (erstwhile ruler of the State) on
26th October 1947, was completely valid in terms of the Government of India Act (1935), Indian
Independence Act (1947) and international law and was total and irrevocable. The
largest political party in the state, the National Conference, also supported
the Indian Independence Act there was no provision for any conditional
accession. The Instrument of Accession executed by the Maharaja was the same as
the ones executed by over 500 princely states in
India. There has been no complication in
any of the other cases. There would have been none in this case either, except
's action in sending in tribal invaders first (in October 1947) and its own
regular troops later (May 1948).
Mountbatten's (Governor General Of India) acceptance of the Instrument of
Accession was unconditional. He said: "I do hereby accept this Instrument
of Accession". The Instrument of Accession was complete with the offer and
acceptance. There can, therefore,
be no question of negotiating on the question of accession of the State of Jammu
& Kashmir to
made a reference to the United Nations on
1st January 1948
under Article 35 of its Charter, to prevent a war between the two newly
independent countries, which would have become increasingly likely if the tribal
invaders assisted first indirectly and then actively by the
army had persisted with their actions against
. The Government of India requested
the Security Council "to put an end immediately to the giving of such
assistance which was an act of aggression against
Resolution of 1948:
's completely legal and valid position on Jammu & Kashmir, in order to find
a solution to the situation created by
had accepted the option of holding a plebiscite in J&K.
It had, however, been made clear by India that holding of such a
plebiscite would be conditional upon Pakistan fulfilling conditions laid out in
UN resolutions of 13 August, 1948.
Agree to Issue Simultaneous Ceasefire Orders.
Governments Agree to create and Maintain an Atmosphere Favorable to the
Promotion of Further Negotiations.
Troops Have Invaded
Must Withdraw its Nationals and Tribesmen from
the U.N. Notifies
that Pakistani Nationals and Tribesmen have been
will also Withdraw the Bulk of its Forces.
Status of the State of
Jammu and Kashmir
shall be Determined in Accordance with the Will of the People.
Article 370 of the Indian Constitution provides “Additional Autonomy” to the
State to preserve its identity.
From 1948 to 1975, there was not a single case of Human Rights abuse (as
reported to Human Rights organizations) in J&K, even though Indian Army was
present in large numbers.
Two Pakistani Invasions (1965, 1971) found no takers in
. In fact, Local Muslim populace
assisted in catching Pakistani intruders.
J&K Ruled by Muslim dominated governments and received highest per capita
financial aid from the Indian Federal Government
Conditions in Pak Occupied
The percentage of Kashmiris has dwindled as POK has become a Punjabi Sunni
colony. More than two-thirds of the
population of POK is now non-Kashmiri.
Hindu Kashmiris have been completely eliminated from POK.
Northern areas of POK (Gilgit, Baltistan etc) are explicitly ruled as colonies
by Sunni Punjabis of Pakistan.
Part of the area of POK was gifted by
for Plebiscite were never fulfilled by
a result normal conditions under which a plebiscite could be held were never
had accepted these resolutions, subject to assurances, and in the hope of
having the matter resolved quickly.
, however, wrecked the implementation of the resolutions at that time by not
fulfilling the preconditions perhaps because it was fully aware of what the
result of such an exercise would be. The
Pakistani troops, which were to withdraw from the state, did not do so.
Made by the People of J&K and Elections in Kashmir: The
UN resolutions did not recognise or grant any role to
in the conduct of the plebiscite.
waited several years for
to fulfil the preconditions of the UN Resolution.
When that did not happen, the people of Jammu and Kashmir then convened a
Constituent Assembly in 1951 (with majority Muslim representatives), which once
again reaffirmed the Accession of the State to India in 1956 and finalised the
Constitution for the State. The
Jammu and Kashmir
Constitution reaffirms that "the State is and shall be an integral
part of the Union of India."
The people, therefore, were consulted and their “Will”
consulted the people of J&K state by a normal process of democratic
election for a “Constituent Assembly".
In several subsequent local, state and national elections the people of
Jammu and Kashmir
have repeatedly exercised their democratic choice.
-a State founded on a purely communal basis found it impossible not to push for
Muslim Kashmir’s integration with itself. Instead of acting on the
recommendations of the UN resolution of 1948 and vacating the occupied
has unsuccessfully waged “conventional” war with
three times in 1947, 1965 and 1971 hoping to gain control of
and its Implications:
tried to impose a military solution on J&K in 1965, by instigating a war
India. The people of J&K resisted this new invasion.
's failure to impose this military solution and the efforts of the people of
J&K to thwart the aims and designs of the Pakistani invaders are well
imposed yet another war on
in 1971. After this conflict, bilateral talks were held in June-July 1972 and
the 'Simla Agreement' signed on
2 July 1972
. In terms of this Agreement, which
was duly ratified by the two Governments in 1972 itself, the two countries
undertook to resolve all differences bilaterally and peacefully.
, through its commitments enshrined in this Agreement, accepted
the need to shift the J&K issue from the UN to the bilateral plane.
The issue that remains to be resolved is the vacation by
of territory illegally occupied by it.
avenge the defeat it suffered,
started to export Islamic radicalism to
and hence the current situation.
General Zia ul Haq leads military coup, executes Bhutto and steers
towards radical Islamic State.
•Emergence of Radical Islam in
(1979) has a profound effect in the entire south Asian neighborhood, not just
Iran. Soviet Union invades
in 1979 followed by the Taliban Movement, created new “Armies of Allah” in
the Sub-Continent (1980) and leads to unchecked flow of arms and aid to ISI.
begins game on two fronts:
train and fund the Taliban to replace the Masood government
train and fund militant separatists for terrorists attacks supported by
increasing infiltration by non Kashmiris into the valley
Kashmiri Muslims claim that this is a political fight; a response to
dissatisfaction with local elected politicians.
’s encouragement of both a “gun culture” and a “holy war” to
islamicize the region is the root cause of current events in
. The frontline victims of the
armed insurgency in
are the Hindus who have been ethnically cleansed.
The Buddhists in Ladakh have nothing to do with the aspirations of the
Kashmiri Muslims. The Dogras of Jammu (predominantly Hindu) likewise see no
relationship with the aspirations of the Kashmiri Muslims.
The minorities in Kashmir valley led by Kashmiri Pandits do not want
and neither do they want to be part of independent
a diverse country like India, disaffection and discontent are not uncommon. Indian democracy has the
necessary resilience to accommodate genuine grievances within the framework of
our sovereignty, unity and integrity. Government of
has expressed its willingness to accommodate the legitimate political demands
of the people of the state of J&K. Jammu
& Kashmir is an integral part of
India. There can be no compromise on
’s unity and integrity.