Destruction and Injustice

Index

Destruction and Injustice

The  Tribulations   Of   Kashmiri   Pandits

Kashmir

The Pandit Perspective

Rakesh K. Kaul  

- Part 1

Kashmir The Geo Strategic Location

Cross Border Threat

• Pakistan has initiated four wars with India over Kashmir
• Over 35,000 lives have been lost
• Ethnic cleansing of the Pandits(over 400,000 refugees)
• Al Qaeda now operating in Pakistan Occupied Kashmir
• Pakistan now has nuclear weapons but does not have a responsible nuclear doctrine

Pakistani Myths and Lies

• Doesn't Muslims majority Kashmir belong to Pakistan?
• Don't Kashmiris have a right to self determination or independence?
• Why does India not honor the UN resolutions?
• What about human rights abuses in Kashmir?
• Hindu India has treated the Muslims of teh valley as slaves?
• GOI has subverted the internal autonomy granted by artcile 370
• India has ignored the financial needs of the state
• Hasn't Musharraf done all he can to reign in the terrorists?
• Why does India not come to the negotiating table?
• Isn't India's position derailing the war against Terrorism?
• Isn't India forcing Pakistan to start a nuclear war?

History

• Hindu and Buddhist population till 1200 AD
• Muslim invasion brought Islam to Kashmir
• British took control in 1846
• King Gulab Singh of Jammu acquired Kashmir from British under the Treaty of Amritsar, 1846
• Maharajah Hari Singh ruled J&K until 1947
• Multi Ethnic, Multi Religious state, 64% Muslim, 32% Hindu, 4% Buddist, Sikhs and others
• Muslim majority areas represent only 35% of the total state's geographical area

British Occupied India pre partition

1947

• Indian Independence Act defined the legal framework for teh birth of two nations out of the Princely states. Signed by Britian, Leaders of the Indian Congress Party and Leaders of the Muslim League
• Ruler had the full authority to decide. Maharaja Hari Singh wanted to continue to be the ruler and hence wanted to stay independent. The Populist Party National Congress headed by Sheikh Abdullah wanted to join India

National Conference declaration

“ We 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, National Conference

Pakistan invades Kashmir

• Colonel Akbar Khan of the Pakistan Army led Pakistan Army regulars and tribal Pathans equipped by Pakistan to invade Kashmir
• Entire villages ( Baramulla, Rajouri, and Poonch) were destroyed and horrific atrocities were committed on the civilian population
• Pakistan initially denied and then subsequently  admitted to sending troops into Kashmir

Maharaja signs Instrument Of Accession in October 1947

• Mountbatten accepts Maharaja’s request to join the Indian Union. On 10/27/1947 the Instrument of Accession was signed .
• “I do hereby accept this Instrument of Accession, dated this twenty seventh day of October Nineteen hundred and forty seven” Lord Mountbatten
• Mountbatten asked India to send its troops to save Kashmir from Pakistani aggression

United Nations

• India went to the United Nations to end the Pakistani aggression January 1, 1948 despite military superiority on the ground.The UN influenced by third parties expanded the scope of the Indian complaint and issued four resolutions
• But stated that the issue is for India and Pakistan to resolve and these resolutions were not a directive but only a recommendation

UN Resoltuions 47:21

• The UN resolution called for the following three actions in sequential order:
•  First, Pakistan must withdraw all its troops and all non Kashmiris from Kashmir.
• Second, India should withdraw bulk of its troops RETAINING  those required for law and order; all those who had left Kashmir (on both sides) as refugees should be allowed to return
• AND ONLY THEREAFTER, ascertain the wishes of the Kashmiri people in both portions of Kashmir under UN supervision

UNR Violation

• Pakistan did not withdraw its troops and hence violated the first action of the UNR and nullified the remaining two actions
• Recommendation of the Final UN Mediator, Frank Graham,( 10/10/52)—Bilateral negotiations are the best means of finding a solution
• Elections in J&K ( Sept 1951). India held free elections in the non occupied portion of J&K
• Democratically elected state legislature adopted a constitution declaring J&K an integral part of India (2/15/54) and unanimously ratified accession to India