Kashmir is no more a normal place now. It is facing a number of problems, the most important is that it is a place that lives without a huge part of people – Kashmiri Pandits (Kashmiri Hindus). The valley is in the grip of terrorist trauma engineered by Pakistan. Three regular wars 1947-48, 1965, 1971, Kargil mis-adventure in 1999 and ongoing low cost proxy war, simply to grab Kashmir from India. The martyrs for Kashmir came from every nook and corner of the country from Kashmir to Kanya Kumari. There is hardly any place in Kashmir which is not wet with the Indian blood. Terrorist violence in Kashmir has threatened the unity of India and the very survival of Kashmiri Hindu minority. During 1989-90, terrorist killings were accompanied by rape, torture and atrocities unheard of in the annals of human history. 24,000 residential houses and 14430 business houses were destroyed. About 12500 orchards of Hindus were grabbed by Muslims. 400,000 Kashmiri Hindus had to flee to save their lives and honour of womenfolk. They migrated primarily to Jammu and Delhi, during dark hours of night without any of their belongings. Kashmiri Pandits became refugee in their own country!

The exodus of the Hindus from Kashmir was followed by wide-spread depredation of their places of worship. The Minister of State for Home, Govt. of India, stated in the Parliament on 12th March 1993 that 28 temples and Hindu shrines were demolished and desecrated in Kashmir during the year 1989 to 1991, while actual number of the temples demolished and damaged was much larger. 68 temples and Hindu shrines located in remote villages were burnt and demolished or damaged, about which reports were never collected by the State government. In the aftermath of the demolition of Babri structure, erupted into widespread attack on the Hindu temples and places of worship, 77 temples were demolished, burnt or damaged and desecrated. The destruction of the temples and religious institutions was evidently aimed to destroy the Hindu religious traditions and culture, thereby to pave the way for the total Islamisation of Kashmir.

The ethnic cleansing of Hindus from Kashmir, is a part of the game plan by the Muslim fundamentalists to change the demographic composition of Kashmir province and the Muslim majority districts of Jammu province. A small number of Kashmiri Hindus were left behind in the nineties. Those were also threatened from time to time. Cold blood massacres took place, even women, old and children were not spared. In March 1997 Sangrampura (7 persons), January 1998 Wandhama (23 persons), March 2000 Talwani (5 persons), November 2001 Hugam (3 persons) and March 2004 Nandimarg (24 persons) were killed mercilessly. Now, there are hardly 6654 persons living there.

Genocide of the Kashmiri Hindus is the violation of not only the Human Rights, but also our Constitutional Rights. In a report on Kashmir by Amnesty International released in December 1993, it said, “Armed opposition groups in Jammu and Kashmir have been responsible for numerous and grave human rights abuses, including hostage taking, assassination of politicians and their families, deliberate killing of civilians including journalists, torture and rape ..... . It urged all such groups to release all hostages and respect human rights and humanitarian standards.”

The National Human Rights Commission (NHRC) in a ruling on the 11th June 1999 stated that, “The Commission is constrained to observe that while acts akin to genocide have occurred with respect to Kashmiri Pandits....” UN Secretary General at the 60th session of the Commission of Human Rights in Geneva on 7th April, 2004 observed, “When civilians are deliberately targeted because they belong to a particular community, we are in the presence of potential, if not actual genocide”. It is a pity, that in spite of our repeated requests, no enquiry commission has been constituted by State or Central government so far to bring culprits to book who are responsible for genocide and ethnic cleansing of Kashmiri Pandits, nor the Hon’ble Supreme Court of India has acted so far.

During the last 15 years, terrorism in Kashmir has achieved the following objectives :

1. A complete ethnic cleansing of Hindus from the whole Kashmir province and thus changed the whole demographic profile of the province.

2. De-stablised the Hindus in the Muslim majority districts of Jammu province also.

3. Prepared ground for the international intervention in Kashmir to force India to accept the disengagement of Kashmir province and the Muslim majority districts of Jammu province from India.

4. Prepared ground for the exclusion of the State from the Indian Constitutional jurisdiction under the cover of ‘greater autonomy’ and restoration of 1953 position of the State, as demarcated by the National Conference.

There has been a continuous disinformation campaign about terrorist violence in Kashmir that the Muslims were subjected to economic deprivations which resulted in wide spread poverty among them. The Jammu & Kashmir is a prosperous state which in terms of per capita income is placed third among the Indian states. The per capita growth registered between 1970-71 and 1985-86 was from Rs. 548 to Rs. 2204 at constant price level of 1970-71. The prosperity of Muslims accounted for a greater share in the figure cited above due to more favourable allocation of financial resources for the Kashmir division, varying between 65 to 69 percent as compared to 35 to 31 percent allocated to the two divisions of Jammu and Ladakh. According to an estimate done in 1989-90, central financial assistance to state has been more than Rs. 70,000 Crores (Rs, 700 billion). Again according to National Sample Survey, Kashmir has the lowest poverty ratio as compared to any state in India. Only 3.5 percent of Kashmir’s population was below poverty line in 1999-2000. The national average was as high as 26.1 percent. Maharashtra is the second richest state in India, but its poverty ratio is 25 percent whereas Orrisa has highest poverty ratio at 47.2 percent.

Hindus in Kashmir, who formed the main support base of India in Kashmir and who were ceaselessly working for the consolidation of pro-India forces in the State, became enemies of Muslim fundamentalists of Kashmir. Within the broad framework of the special status envisaged by article 370, which isolated the State from rest of India, it was easy for the secessionist elements to infiltrate into administrative cadres of the State government. The Muslimisation of the various political and economical processes had begun earlier and the minorities in Kashmir were at the receiving end. State government changed the names of 684 villages, which had Hindu names by a Government Order No. REV.S.340 of 1981 dated 14.120.1981.

There was almost total employment blockade of Kashmiri Hindus. Also their lands were taken away. For economical survival, a slow and steady migration of Kashmiri Hindus started.

At present, Muslims are ruling elite in Kashmir. They dominate the entire economic organisation and enjoy communal precedence in social forums. Islam is virtually the official religion of the State; they have three-fourth share in legislative bodies, administrative organisations and all the local government institutions. In the Kashmir province, Hindus have no elected representation in the local bodies. They constitute las than 5 % of the administrative services of the State and have less than 1 % share in higher cadres of the State administration. Muslim monopolise 94 percent of the State services in Kashmir. More than 90 percent of the admissions to professional, technical and other educational institutions are reserved for Muslims in one form or the other. In financial sphere, the Muslims own 96 percent of agricultural lands, orchards and other urban landed estates. They enjoy monopoly over the entire industrial organizations, trade and commerce, financial resources and exports of the province of Kashmir.

Jammu & Kashmir State has three divisions – Hindu majority Jammu, Buddhist dominated Ladakh and predominantly Muslim populated Kashmir valley. Hindu minority has been uprooted from Kashmir. The following census figures for Kashmir Valley speak volumes:

Kashmir valley has a majority of Muslims, but does not mean that they alone have a right to live there. But Muslims can live in India where not the majority but practically the entire 86 percent population comprises of Hindus. No wonder, we have as many as ten million alien Muslims from Pakistan and Bangladesh living in secular India.

The future of the Hindus of Kashmir, their return to the homes, the physical security, political security and economic security in terms of ground realities prevailing in the State has not improved as claimed by few Kashmiri Pandits. They are welcome to Kashmir as tourists only, nothing beyond that. There is no doubt about the desire of the community of Hindus to return to Kashmir to which they actually belong, where roots and temples are and where is the mother of their culture and their history. At present the gun-culture, which has over-whelmed Kashmir for more than 15 years, has made no big changes. The political class is making use of this culture to make its point, reasonable or otherwise. This is true for elected government in the State as also the Hurriyat Conference. Once the gun-culture is cracked without any hesitation, the political class of Kashmir will see the light at the end of the tunnel and function accordingly. Peace will return to Kashmir only after terrorist guns are silenced. At our end, we have to develop a cohesive approach towards our political and economic rehabilitation. We need our representatives in Parliament and Legislative Assembly for our political survival. We have been sidelined by political parties, as we do not constitute a vote bank. In a democratic set up, vote-bank politics has become a compulsion for political parties. We must voluntarily seek mass enrolment in voter’s list of Jammu & Kashmir and seek photo-identity cards from Election Commission. Secondly, we must get State Subject Certificate, so that we do not lose our identity.

We need economic development and a package for displaced community. We need share in the Central government aid of Rs. 24000 crores given to the State. Healing touch policy should be for victims of terrorism and not for terrorists.

Nothing has been done to improve the living conditions of the camps in the last so many years, resulting in high death rate and low birth rate of displaced community. Kashmiri Pandits have become forgotten people now. Their basic constitutional rights have been ignored. They need to be heard :

1. No decision or return of Kashmiri Pandits including employees to Valley should be taken with out its deliberations with KP leadership.

2. Involvement and consultation of Kashmiri Pandits in all Peace processes and discussion on Kashmir.

3. Declaration of Kashmiri Pandits in exile as refugees.

Let us join hands to improve quality of life of our community members. Let us co-ordinate and raise our voice and speak truth about Kashmir.

God willing, we will be heard……

In early seventies, Ping-Pong diplomacy brought the U.S. and China closer and recently cricket diplomacy has brought India and Pakistan closer together. Peace on the two sides of border, which has suffered all these years, has now generated deep and sincere goodwill and excitement among the people of India and Pakistan. Both the governments on either side of the border have started recognizing this ground reality and working step by step towards peace.

Kashmir has been at a boiling point since the birth of Pakistan. Factually the state of Jammu and Kashmir was carved out of the territories of the Sikh kingdom after the Sikhs were defeated in the first Anglo –Sikh war in 1846. The Dogra Rajput chieftain of Jammu Raja Gulab Singh paid the British war indemnity on behalf of Sikhs and in return he was recognized the ruler of new state of Jammu & Kashmir- including Ladakh. The British Government transferred all the mountainous territories with its dependencies situated to the eastward of river Indus and the westward of river Ravi, including Chamba and excluding Lahul to Maharaja Gulab Singh of Jammu. The Lahore State under the Treaty of Lahore ceded these to it. The treaty between British and Maharaja Gulab Singh took place at Amritsar on 16^th March 1846 and is known as the Treaty of Amritsar. At a later stage Maharaja Gulab Singh had one more treaty with Lahore Durbar in 1847. He surrendered hilly areas between the Indus and Jehlem Rivers to Lahore Durbar in exchange of some parts of the plains of Punjab, which he annexed with his state. Earlier, Raja Gulab Singh’s army chief Zoravar Singh had marched towards Tibet after conquering Ladakh and Baltistan. But he was killed on the banks of Mansarovar Lake during Dec. 1841. On Sept.15, 1842 a peace treaty was signed between the government of Raja Gulab Singh (Jammu) and the government of Dalai Lama (Lhasa), thereby making Ladakh a part of Raja Gulab Singh’s empire. This treaty is usually known as ‘Leh Treaty of 1842’. The Hindus in Kashmir had opposed British intervention in 1889, when Maharaja Pratap Singh 3rd Maharaja in the lineage was set aside by the British and the government of the state was taken over by them. Kashmiri Hindus were fearful of the British designs to depose the Dogras and hand over the state to Muslims. By 1891, Colonel Durand, as the head of Dogra and Gorkha troops, had reached the northern point of British rule, Misghar, occupying Hunza and Nagar also. In 1893, Queen Victoria made Pratap Singh Grand Commander of the Star of India. By 1905 Lord Curzon had stabilized relations with Afghanistan and created the Northwest Frontier Province (NWFP) and the British restored Pratap Singh his throne.

During the Indian National Movement, which primarily was an Indian struggle against the British for Independence also, gave rise to the Muslim movement in India for a Muslim homeland. In this connection several Congress and League leaders visited Kashmir. Jinnah spent the summer of 1944 in Kashmir. On May 10, 1944 he was accorded a reception by National Conference. Sheikh Abdullah described him as ‘a beloved leader of the Muslims of India.’ On the same day, in another reception accorded by the Muslim Conference in Srinagar, Jinnah directed Muslims of Kashmir to join Muslim Conference because “Muslims have one platform, one KALMA and one God …I am a Muslim and all my sympathies are for the Muslim cause”.

After the British government approved the partition plan of British India, Lord Mountbatten returned to India on May 31, 1947. In the crucial meeting on June 2, 1947, the Congress and the League approved the plan. .On June 3, 1947 the partition plan was made public. The next day Mounbatten announced that the British would transfer power to India by August 15, 1947. He made another momentous announcement that day. The British Paramountcy would lapse with the transfer of power. Under the Indian Independence Act of 1947, accession of Indian states to India or Pakistan was by the completion and signing of the standard instrument of accession by the ruler and its acceptance by the Governor General which made it final.

Mr. Jinnah, in his statement of July 1947 confirmed the sovereign right of a ruler to accede according to his wishes. On the contrary, during midnight Oct.21-22, 1947 Pakistani - tribal hordes entered the state of J&K and forcibly occupied the strategic Kohala Bridge and the town Muzafarabad. They moved rapidly towards Srinagar with the help of Muslim soldiers of the state army who joined the invaders. The Maharaja of J&K state signed the Instrument of Accession to India on Oct. 26, 1947 and Lord Mountbatten, the Governor General of India sent his acceptance of accession on Oct.27, 1947. The accession of Jammu & Kashmir State imposed an obligation on the dominion of India to defend the state. That same day, airborne Indian troops were sent to Kashmir; which saved Srinagar and turned the tide against the invaders who had killed thousands of Hindus, raped women and destroyed huge amounts of property. Few men of the Indian soldiers of First Sikh who went to action that day returned home.

Mountbatten proposed a UN supervised plebiscite in Kashmir to Nehru instead of all out war with Pakistan. In a meeting between the Governor-Generals of India and Pakistan on Nov.1, 1947 Mohammed Ali Jinnah rejected Louis Mountbatten’s offer of a plebiscite in Kashmir as “redundant and undesirable.” Jinnah claimed that accession of Kashmir to India was based on violence; Mountbatten replied “the accession had indeed been brought about by violence but violence came from tribesman for whom Pakistan not India was responsible.” Jinnah declared that Kashmir was in his pocket. On same day, Gilgit Scouts, a local Muslim militia raised by British for the defense of Gilgit Agency revolted and declared the accession of Gilgit Agency to Pakistan. Major Brown, a British adventurer who commanded the Gilgit Scouts, hoisted the flag of Pakistan over the agency. The Governor of Gilgit, Gansara Singh was put into prison. The state army garrison at Bunji in Askardu, mostly Muslims, followed the Gilgit Scouts, opening the way for the invading forces of Pakistan which reached within a day to take hold of Baltistan. While the Indian armies were fighting back the invasion, the government of India proposed to the UN that they intervene to end the aggression committed by Pakistan against the Jammu and Kashmir state on December 31, 1947. The Security Council, in accepting India’s complaint, did indirectly recognize the accession of the Jammu and Kashmir State to India. Deliberations in the Security Council led to the establishment of the United Nations Commission for India and Pakistan (UNCIP). The UNCIP resolution of August 13, 1948 accepted by both Pakistan and India provided for - I: -- a cease-fire, II-- a truce agreement which directed Pakistan to withdraw all its forces from the territory of the state of Jammu and Kashmir, and III-- only thereafter ascertaining of the will of the people of the state in a peaceful manner.

After debates in the UNO, a cease-fire agreement was concluded between India and Pakistan, which came into force on January 1, 1949. The cease-fire divided Kashmir first into two, then into three. Jammu and Kashmir has a land area of 86,000 square miles and India splits it into three-- Pakistan, 39,000 square miles, and 17,000 control now 30,000 square miles by China. The valley of Kashmir, Poonch Town and the adjoining small areas of Kargil, Ladakh and Jammu regions are with India. The whole of Gilgit, a major portion of Baltistan and whole of Mirpur, part of Poonch and Muzaffarabad town are under forcible occupation of Pakistan. Some portion of the border Pakistan gifted to China. The treaty on the delimitation of the frontier between Kashmir and Sinkiang was signed in May 1962. Pakistan ceded territories to China. India protested and continues to claim them. The treaty stated specifically that “on the settlement of the Kashmir dispute between India and Pakistan, border areas might come under the control of a third state (China).” Apart from these territories of Kashmir granted to China by Pakistan, China remains in effective control of the Aksai-- Chin region. Pakistan directly controls the northern territories of Gilgit and Baltistan.

For Islamabad, Gilgit is of prime importance because the Karakoram Highway, which links Pakistan to China and Central Asia, runs through it. Also, the numerous glaciers in Gilgit make the area the world’s second largest water resource apart from the poles. Pakistan is solely dependent on water that runs from Kashmir, so it is imperative to keep Gilgit and other water resources of Kashmir under control. The Indus waters treaty was signed in 1960. The treaty divided The Indus River Basin with Pakistan; Pakistan has control of the three western rivers – Indus, Jhelum, and Chenab – and India has control of the three eastern rivers – Ravi, Sutlej and Beas. The division provided Pakistan with 56% of the Indus catchment area and India with only 31%. The J&K State is rich in its water resources and has enormous hydropower potential. The Indus at the point it crosses the LOC has a yield of 11 million Aft (measure of water in reservoirs); Chinab 20 .6 million Aft and Jehlum 7 million Aft .The power potential has been estimated at 15000 MW which is equivalent to about 30 million tons of oil! Pakistan also objected to two ambitious projects that would have benefited Kashmir: the “Bhagliar Project” and the “Wular Barrage.” In March 2003, the Prime Minister of Pakistan-occupied Kashmir, Sikandar Hayat said in a seminar that, “the freedom fighters of Kashmir are in reality fighting for Pakistan’s water security.” Recently, MS Sherry Rehman (Pakistan People’s Party, member of the Foreign Affairs committee in Parliament) wrote in one of India’s leading dailies, “Pakistan’s interest in Kashmir arises not just from concerns about the right of Kashmiri self-determination, but also from hard-core territorial vulnerabilities on the apportionment of its main Indus water system, with India controlling the headworks…No government can survive in Pakistan with a potential water famine arising even partly out of Indian treaty violations .”

Justice Owen Dixon of Australia was an UN-appointed mediator between India and Pakistan over Kashmir from May to September 1950. His proposal was that inhabitants of each region in the pre-1947 state of Jammu and Kashmir would decide their own future by regional plebiscite and then partition accordingly. India and Pakistan rejected it both. The proposal for geographical delimitation and regional plebiscite in the valley was similar in part to one that Karan Singh proposed in 1964 when he was still Sadar-I-Riasat during 1952-64. The same year he became the Governor of J&K. Mr. Gunnar Jarring of Sweden in 1957 said in his report that one cannot hold India to the plebiscite promise after a such a long delay caused mostly by Pakistan’s unwillingness to implement Parts A and B of the UN resolution of August 1948. Even UN Secretary --General Kofi Annan has accepted this position. He has said that the UN resolutions are no longer implementable because the resolution was meant to be applied to the entire state of Jammu and Kashmir including the areas of Pakistan-Occupied Kashmir and areas given by Pakistan to China. Unless those areas that had originally acceded to India were restored to it, a plebiscite under UN resolutions is unpredictable and unimplementable. The clock cannot be put back, one must look forward only.

The two countries fought several wars over the region during 1947-48, 1965 and 1971 which led to the creation of Bangladesh, the Kargil misadventure in 1999 and the ongoing low-cost proxy war and high-cost limited war around the Siachen Glacier in North Kashmir. But these wars have not resolved the issue. The 1972 Simla Agreement between India and Pakistan stated with reference to Jammu and Kashmir: “In Jammu and Kashmir, the line of control resulting from the cease-fire of December 17, 1971 shall be respected by sides without prejudice to the recognized portion of either side. Neither side shall seek to alter it unilaterally irrespective of mutual differences and legal interpretations. Both sides further undertake to refrain from the threat or the use of force in violation of this line.”

The agreement reached at Simla on July 2, 1972 is in fact a Peace Treaty and a culmination of the UN cease-fire of 1948 and Tashkent declaration of January 10, 1966. Few things have to be understood well, as one cannot protect his future without knowing the past. India is a secular democracy. It has more Muslims than Pakistan…Kashmir is older than Pakistan. Jammu and Kashmir has three regions. There is a Hindu-dominated Jammu region, Buddhist-dominated Ladakh, and Muslim-dominated Kashmir valley. The original inhabitants of the land, the Hindus of Jammu, the Buddhists of Ladakh, the Hindus of Kashmir, and minorities like Sikhs, Jains and even Shia Muslims want abrogation of Art. 370 and full integration of the state with the Indian union. They oppose second partition of India on the basis of religion, which they realize will upturn India. It is by and large Sunni Muslim community of the valley, which is supporting terrorism in the state. Muslims are ruling elite in Kashmir. They are responsible for uneven economic development of various regions of Jammu and Kashmir state and the misuse of central aid. It is an irony of fate that Kashmiri Hindus have become refugees in their own country and not heard either by the Central government or by State government; thus their future is dark.

The Jammu and Kashmir state enjoys special status under Art. 370 of the Indian constitution and has its own Constituent Assembly which unanimously adopted a new Jammu and Kashmir Constitution on November 17, 1954. The basic feature of the constitution is, “The state of Jammu and Kashmir, is and shall be an integral part of the union of India [Section 3].”

On February 22, 1994, both Houses of Parliament of India unanimously adopted a historic resolution regarding the state of Jammu and Kashmir, reiterating inter-alia the nation’s resolve to resist “any attempt to separate it from the rest of the country…by all necessary means ’’ and declaring that “India has the will and capacity to firmly counter designs against its unity, sovereignty and territorial integrity.”

In spite of all these realities about Kashmir, there has been Track II Diplomacy, people to people dialogue, Indo-Pakistan cricket, cinema, and even health tourism. Simultaneously, there have been many peace proposals by different organizations and individuals to have permanent peace in Jammu and Kashmir state. Many people have advocated turning the LOC into an international border with small adjustments here and there for the lasting peace and prosperity of the state. The Dixon plan, Kathwari plan, and the Musharraf plans are similar, asking for a regional plebiscite and then partition accordingly. Kashmiri Pandits historic resolution for Homeland [Margdharshan ,1991], Prof. Balraj Madhok s Trification Plan, Arundhati Ray s Neelam Plan, and so on… There are examples of a “Good Friday” agreement that would entail an India–Pakistan inters –governmental commission, porous borders, and greater autonomy within Jammu and Kashmir. India and Pakistan would have to accept some version of joint responsibility. Another example is the Treaty of St. Germain on Sept. 10, 1919 that gave South Tyrol to Italy, despite German majority. The French province of Alsace-Lorraine was constantly caught in wars between France and Germany and changed its nationality four time. Sweden and Finland settled a tiff over the predominantly Swedish Aaland Islands under the auspices of the League of Nations on June 27, 1921. Finland promised to preserve Swedish language, culture, and local traditions.

Former Pakistan Prime Minister Benazir Bhutto said, ‘While the concept of soft borders, territorial unity, or territorial settlement is not possible, the concept of social unity is possible.” The President of National Conference, Omar Abdullah, said, “We believe in soft borders between two parts of Jammu and Kashmir coupled with autonomy”. Soft borders mean full flow of Pakistani nationals to J&K State. The Resettlement Act 1982 allows all those who migrated to Pakistan between 1947 and 1954 to return and claim their rights as Indian citizens. The Act also provides resettlement of all those who choose to return to state .The Act had been adopted by the State Legislature in 1982, but the controversial Act was referred to the then President Giani Zail Singh , who referred it to Supreme Court seeking an opinion about its constitutional validity.

There is strong feeling in Jammu that the implementation of the Act could bring more than 200,000 Pakistanis including descendants of those who were born in Pakistan and many those trained under the Taliban .It is unfortunate, Hindu and Sikh refugees who have been living in Jammu for more than 55 years have not been settled so far.

Of late, the Srinagar–Muzaffarabad bus service will bring the two people living on either side of LOC closer; they in turn will access each other’s democratic freedoms, self–governance, land reforms and development of respective regions .It is unfortunate that people living on other side of LOC have not tasted much of these realities. Sardar Shaukat Ali Kashmiri, Chairman, United Kashmir People s National Party, and Secretary General, International Kashmir Alliance, while quoting the July 2004 report of the Human Rights Commission of Pakistan said, “fundamental rights such as freedom of movement, freedom of expression, freedom of assembly and freedom of association are often fringed. There is limited tolerance of divergent views. There are seven or eight political parties in Azad Kashmir but the State’s constitution and election laws debar those who do not subscribe to the so-called accession of Azad Kashmir to Pakistan, from participating in election. Handpicked nominees of the military regime in Islamabad are thrust upon the people as the head of the government ,disregarding people’s wishes.” Comparatively, Indian side of Kashmir is much better off politically and economically. The only fear is that once people realize this fact, the terrorists will become panicky. Secondly, the bus service is primarily aimed at uniting divided families on the either side of LOC. There is hardly any valley-based, Kashmiri speaking divided family. So the cross-border bon – homie may become cross-border terrorism. At that point of time, it is the duty of the J&K police to check and curb terrorism in the state in the same manner as the Punjab police was the major factor in the cessation of terrorism and secessionism in Punjab rather than army. The army is trained to win wars; special efforts by J&K police and CRPF will be able to defeat terrorism.

The Pakistan government invited Hurriyat leadership to visit POK and other parts of Pakistan, most of who readily accepted. However, Pakistan has denied the visit of 10 leading politicians of the J&K State including Deputy Chief Minister Mangat Ram Sharma, PDP president Mehbooba Mufti, National Conference president, Omar Abdullah and others. All these leaders are from various mainstream political parties and elected representatives of the people of state. It is unfortunate, that at the insistence of Pakistan, Hurriyat, an amalgam of Pro-Pakistani groups which is sponsored, aided and patronized by Jihadis as well as by Pakistan’s government is given undue preference. Hurriyat leaders have never ventured to fight any of the elections but have become a powerful weapon in Pakistan’s armory. Former Pakistan Prime Minster Choudhary Shujat Hussian publicly said Hurriyat leaders alone were not the representatives of the Kashmiri people. Pok prime minister Sikandar Hayat Khan, responding to queries in the state assembly on June 24, 2oo5,said All Parties Hurriiyat Conference led by Mirwaiz Molvi Umer Farooq came from a specific area and there was no one from Jammu and Ladakh divisions. “We cannot blindly leave our fate in the hands of others. How can we accept any decision on Kashmir by those who do not have unity and unanimity among themselves and lack representation of all regions?” One truth came to light while Hurriyat leaders were in Pakistan .At a function in Islamabad on June 13, 2005 Yasin Malik , Chief of the Jammu Kashmir Liberation Front had said, “I would say that in the initial days of the Kashmir movement , the guy who had a front role was he ( Sheikh Rashid Ahmed ,Pakistan’s information minister ) . Nobody knows that when we were brought on this soil, about 3500 boys were accommodated at his farmhouse.”

Successive central and state governments have sidelined pro -Indian and patriotic Kashmiri Hindus. They have no role in the on-going peace process or in any dialogue; they are at the receiving end fighting a grim battle for their SURVIVAL within and without Kashmir. All patriotic forces of the state have to consolidate themselves and play vital role in on-going peace process.

The bus journey from Srinagar to Muzaffarabad is merely the start of a long and much awaited Peace journey.

ORIGIN OF TEMPLES

According to Hindu Dharma , time is divided into four ‘yugas’ namely ‘Satya Yuga’ ,’Treta Yuga ,’Dwapara Yuga’ ,and ‘Kali Yuga’ .It is said in the ‘Puranas’ ‘Satya Yuga ’-- Age of perfect virtue, there were no temples , for the Gods appeared to the people and helped them directly . In the second Yuga namely ‘Treta Yuga’, virtue diminished in quality and effect, the Gods appeared in their normal forms to the virtuous and in the ionic forms to others. There were no temples. The pious sages installed ionic forms in their own homes and worshipped them. In the third Yuga, ‘Dwapara’, when virtue and vice almost vied with each other with equal ardour, the sages installed ionic forms in remote jungles and built shrines over them for the benefit of the pious. In the final and present stage, ‘Kali yuga’ ,when vice dominates over virtue, need for the temples was found for people to worship, since it is only the presence in an ionic form that people could seek communion with Gods and invoke their blessings.

The Hindu temples are the abodes of God, where man and God commune. In the Hindu temples ‘Param Parmeshwara’ is worshipped in forms . The Hindu temples are not prayer houses. In the temples people worship God in its ionic form and establish communion with the absolute being. Hindu Dharma does not accept of any unbridgeable distance between God and man. Infact the whole concept of realization and the unity of the ‘ Astitiva,’ in man and the absolute being God is the essence of the Hindu Dharma. Devotion in Hinduism is known as Bhakti. It is the essence of worship in the temples. Bhakti assumes expression in temples, where the bond of love, is reflected in form of divinity. Hinduism views existence as composed of three worlds .The first world is the physical universe, the second world is the subtle astral or mental plane of existence in which “Devas” or angels live. The third world is the spiritual sphere of the ‘Mahadeva’, the Deities , the Gods. The path of Karma is of two kinds. The first is Vedic ‘Karm-yoga’ where all actions are without the desire for fruits thereof. The second kind is ‘Tantric Karmyoga’ wherein the mind by worship, salutation and the like becomes riveted on the Lord. The first is possible only for those with greater stability of mind, while the second is accessible to all and easy to start with. It is this second kind that is known as image worship in Hinduism. Image worship is considered to be one of the best aids to realization. This worship is called ‘ Puja ’.Devotees behold the Spiritual presence of their divine Lord in the holy image .Worship is a direct link between the man and Master. It is the voice of the soul. Grace is received from the God when one is consistent in his worship, consistent in discipline, consistent in Bhakti and consistent in devotion. With such a foundation in life, a great Shakti, a force or power, will come from the Lord. This is grace. It is uplifting. It comes unexpectedly. When grace comes, your mind may change and your heart may melt. Your sight will become clear and penetrating. Many have prayed and been answered! Each form attributed to a Hindu god is a symbol of philosophical ideas.Hindu iconography is a perfect science connecting art and religion. The conception of Nataraja is the greatest work of religious art in the scientific world. The dance of Shiva represents the rhythm and movement of the world spirit. One can witness the dance of Shiva in the rising sun, in the waves of the ocean, in the rotation of the planets, in the lighting,in the thunder and in cosmic ‘ Pralaya’. The whole cosmic play or activity or ‘Lila’ is the dance of Shiva. All the movements within the cosmos are His dance. Without Him, no one moves. He dances quite gently. If He dances vehemently there will be ‘Pralaya’. He dances with eyes closed, because the sparks from His eyes will consume the entire universe. A great seer has written that “the dance of Lord Shiva takes place in the heart of every individual.” Temples are the cradles of the Indian culture. Science and Arts in ancient India have originated and flourished mostly in temples. Indian society is basically temple oriented. Worship of the holy image is morally purifying, aesthetically charming ,emotionally satisfying and spiritually elevating. Regular worshiping in temples [Mandir] with faith and devotion can pave the way for ‘Moksha’ or release of the soul in its embodied state from all its physical, mental , temporal ,spatial and causal limitation .People who attend temple regularly , tend to feel better than those who do not, are less prone to stress and have happier marriages, says a report published in September 1998 by a federal agency of Canada . The report is consistent with other researches indicating Bhakti to be beneficial for mental health . Mahatma Gandhi said that “Mandiras and images remind us to renew our renunciation and dedication from day to day life . ”

In India the worship of Lord Shiva and the Shakti is indefinitely old . The worship of Vishnu is perhaps more modern . In between is the worship of Sun God and ‘Ganesha’. We find monumental Sun temple of Konark in Orissa , Modhera in Gujarat, Katarmal in Almora and unique , magnificent Sun temple at Martand in Kashmir. In Rigveda ,Sun is termed as the eye of the universe, which oversees all happenings. It is also the source and sustainer of life on earth. Sun-god or Surya was worshiped by Munu. He has ordained that Vedic Mantra Gayatri, addressed to Sun-god as Savitr, be muttered while standing in the morning facing east till sunrise and in the evening in a sitting posture facing west till stars appear in the sky. But the worship of Sun in temples could not last long. ‘Ganesha’ worship is quite common .Ganesha, the son of Lord Shvia and goddess Parvati is a god to whom every Hindu offers worship on every auspicious occasion. In any Yajina first of all Ganesha is invoked and worshipped. He is the bestower of prosperity and remover of obstacles. He is the Lord of intelligence and accomplishment. The origin of Shiva worship in India is untraceable. The number of Shiva temples from Kashmir to Kanyakumari surpass all temples put together. According to Rudra-Hrdaya Upanishad, the combination of Uma and Sankara is known as Vishnu. In the universe, the males represent Maheshwar and females represent Bhaghwati Uma . The apparent universe is in itself the form of Uma and non-apparent universe the form of Maheshwar. The union of apparent – Uma and non-apprent Shanker is known as Vishnu. The word Har +e becomes Hari . Shakti is nothing but purified Buddhi of man which perceives the whole cosmology as manifestation of Shiva Himself. Shiva and Shakti are inseparable, like moon and moonlight.

Many religious and spiritual leaders have stressed the importance of religion and temples. Swami Vivekanada has said the greatest source of strength for any society is in its faith in God. The day it renounces such faith will be the day that society begins to die. By introducing collective Ganpati Puja, Lokamanya Tilak aroused a unique sense of cultural and national awareness among the people which helped greatly in achieving our independence. Similarly, Kashmiri Pandits launched a major agitation during 1967, to restore a girl, from Shital Nath temple.

ANCIENT TEMPLES OF KASHMIR

“Kashmir ---land of pilgrimages…. It would require endless space to attempt to give list of places famous and dear to all Hindus.” Wrote Sir Walter Lawrence in his ‘The valley of Kashmir’. Kashmir is full of temples,shrines and pilgrim centers of pilgrimage or ‘Teertha’. Almost every mountain peak , cave and spring has a temple dedicated to Lord Shiva and the different forms of Divine Mother Bhawani . Similarly , different temples are on the two banks of river Vitasta (Jehlem). Kashmiri Pandits are known for the worship of Shiv-Shakti .

Temples of Kashmir exhibit unique and distinctive architecture suited to its geographical and climatic conditions. The main features are (1) The temple faces east or west. (2) The temples have straight-edged pyramidal roofs in two tiers instead of the curvilinear superstructure of the southern temples. (3) The triangular pediments enclosing trefoil niches, is on all the four sides of the main shrine. (4) The double-chambered gateway matches the central shrine in scale and design. (5) The cellular layout with the row of pillars is also a peculiar style not found elsewhere. The temple building was a ritual and every stone laid was consecrated to God by the holy chant of the Brahmins. The temple at Lodhau situated 20 kms from Srinagar is in midst of a spring . This temple is said to be the earliest remaining stone structure. There are many more temples which are either in a spring itself or adjacent to it,but most popular and sacred is at Tulamula, dedicated to Maa Ragina. A great phenomena observed here is that the colour of the water of the spring changes occasionally with time .There is great faith among the devotees that changing of colours indicate impending good or bad coming days. In Kashmir a Chinar known as “BOUIN” a broken word of Sanskrit “ BHAWANI”, the Goddess who is worshipped by all, is largest , coolest and healthiest tree . Its large hollow trunks have been used by meditators for meditation over time. The chinar is considered sacred and planted generally at places of worship .The next stage of temple development is found in the temple at Narsathan, in district Pulwama, 4o kms. from Srinagar. It has triangular canopies, sunken trefoil niches and the enclosure wall with a prominent gateway. Dr. Ernst Neve, the famous medical missionary of Kashmir , observed “Ancient India has nothing more worthy of its early civilization than the grand ruins of Kashmir which are pride of Kashmiris and admiration of travelers . The massive and elegant in architecture may be admirable in parts of India but nowhere is to be found counterpart of the classically graceful yet systematically massive edifices as in Kashmir temple ruins.” The famous Shiva temple known as Shankarachcharya temple stands in the heart of Srinagar on the hill top of ‘Gopadari’, over looking the famous Dal Lake of Kashmir. It was built by king Gopaditya who reigned Kashmir from 308-328BC.The temple is on a high octagonal platform and approached by an imposing flight of steps. The temple has a low parapet wall, inner side of which has the recesses. The shrine is circular inside. The most powerful Hindu ruler who ever ruled Kashmir Lalitaditya (701-737AD) built a number of new towns with great temples .Pandit Kalhan writes in his Rajatarangini “There is no town or village, no river or lake, no island where the king did not built a sacred foundation.” He built the famous and elegant Sun temple at Martand and Parihaskesva at his capital Parihasspura. The Sun temple of Martand is a wonder in stone. Laltaditya is said to have built four Vaisnava temples—the Muktakesva, Parihaskesava, Mahvaraha and Govardhanadhara besides a Buddhist monastery and a grand caitya. Once an important center, little of it remains now except the plinths of a Buddhist monastery, a caitya that once enshrined a colossal Buddha image and a great stupa.In fact, he had as his prime minister a Chinese Buddhist named Tsiang-Kiun whose name translated in Sanskrit, was Cankuna. The prime minister constructed a lofty stupa and gold images of Jina (Buddha). A gigantic statue of Muktakesava(Vishnu) was made of gold weighing 84,000 tolas (980tonnes)!Another statue of Parihaskesava was built with 3,36,000 tolas (3,919 tonnes)of Silver . Lalitaditya built another colossus of Buddha with 1,01,64,000 tolas (11,855 tonnes) of bronze. The second golden age of temple building was during rule of Avantivarman (855-883AD) the founder of Utpla dynasty .The king established his capital at Avantipura and built two temples one dedicated to Shiva and other dedicated to Vishnu. The Shiva temple is of the panchayatana type, with the main temple at the center of the Court and four subsidiary shrines at the four corners of the main sanctum. Vishnu temple repeats the plan of Martanda on a smaller scale. The final refinement of form and a more polished look is seen in temples built by Sankarvarman (883-902AD) who succeeded Avantivarman. He shifted his capital to Sankarabattnam (Pattan) and built two temples, Sugandhesa and Sankaragaurisa These structures reveal a refinement in handling of material, treatment of ornamentation and have a more polished look. By the beginning of the 10^th century, the growth of style had come to an end but small shrines continued to be raised. Among the surviving temples of this period, one at Buniar is still preserved. There was a tradition in Kashmir of building temples of wood also. But there is not a single surviving ancient wooden temple. While concluding “Kashmir and Related Schools” in “The Art of Ancient India” Susan Huntington records “The Buddhist and Hindu art of Kashmir came to an abrupt end when the Muslims became the dominant political force in the region around 1339 , when Shah Mirza, a Muslim adventurer, overthrew the Lohara dynasty and major patronage was no longer available.”

SARADA TEMPLE

NAMASTE SARADA DEVI, KASHMIRPUR VASANI I 
TANWA AANH PRARTHNAY NITY, VIDYA DAAN DEHMAY II

O, Goddess of Learning , Sarada , Your Abode Being Kashmir , I I, Salute Thee and Pray You Always To Bestow Knowledge Unto Me”

In the ancient times in Kashmir, there was a great temple called Sarada or Saraswat temple. In the temple premises there existed one of the best manuscripts on Saraswats and their way of living .According to Prof. Bhuller, the manuscript of Kashmir were found in this very temple. Kashmiri Pandits are offspring of Rishis and belong to the order of Brahmins, the Saraswats. Kalhan’s Rajtarangini records in the chapter ‘The Shrine Of Sarada’ as “The temple of Sarada rises in prominent and commanding position above the right bank of the Madhumati on the terrace-like foot of a spur which descends from a high pine-clad mountains to the east . Immediately below this terrace to the North West is the spot where the waters of the Madhumati and the Kishanganga mingle . There, on a sandy beach , the pilgrims perform ‘Shradhas’ to their ancestors. From the height of the staircase, which forms the approach of the temple from the West, an extensive view opens . To the South East, the valley of the Mudhumati is seen narrowing gradually into a gorge between precipitous spurs through which passes the direct route to Kashmir . In the North East from where the Kishen ganga flows, successive ranges of barren steep mountains with snowy peaks behind them seem to close all passages . To the North , a narrow chasm in the rocks marks the debaucher of the Sangam river, the Kankatotri of the map , which flows form the mountains towards Cilos and falls into the Kishenganga a short distance above the Madhumati.” It is the Saraswati of Kalhan’s description, still known by that name to local traditions. Excerpt from the news report in The Daily,Nov.12,1999,”The Saraswati emerged as a mighty river from the Himalayan glaciers about 10,000 years ago. It coursed through north-western India and drained into ancient Arabian Sea before vanishing into oblivion after 4,000 years of glorious existence.” According to’ History Of The Dakshinatya Saraswats ‘Saraswats are from the banks of the Saraswati…. This river is found to be more important in vedic period than other rivers including the Ganga . The Vedas were composed `mostly on its banks and it is described as the most mighty river .The veda describes her as “limitless, undeviating, shining and swift –moving.” The Vedic Brahmins were Kashmiri Pandits and are identified as belonging to the group of Saraswat Brahmins. Saraswati called Sarada is the goddess of learning , music and beauty. Sarada in Sanskrit is an appellation for Saraswati as well as Durga . It is said that goddess Sarada esponded to prayers descended on the peak facing the Madhumati - Kishanganga in Kashmir to ensure ‘Bhoga’ and ‘Moksha’ for the ‘Sadhakas’. The goddess enables its worshippers to be both creative and communicative so as to understand religion and its philosophy. Sarda temple became epicenter of religious philosophy.

Kashmiri scholar, Bilhana fellow – poet of Kalhana mentions in his description of Pravarapura (Srinagar) about Sarada tirath Shrine and Sarada Peet as great center of learning.He left Kashmir in 1066AD during the reign of king Kalsa ( 1063 to 1089) to become chief pandit of Karnata (Mysore). Bilhana has mentioned this Shrine with great devotion and Jain Scholar Hem Chandera(AD1088-1172) has also mentioned in ‘Prabhavakacarita’ about this great temple. Another reference to Sarada by Jonaraja , a writer of 14th and 15th century 1389-1459 AD who updated Rajtarangini mentions in his chronicle, Zain-ul-Abidin (Badshah) visited shrine , in 1422 AD to witness the miraculous manifestations of the Goddess. In16th century , Abdul Fazl writes , “ At two days distance from Hayahom is the river named Madhumati, which flows from the Darda Country. On its banks is a stone temple called Sarada, dedicated to Durga and regarded with great veneration. On every eight tithi (Ashtami) of the bright moon, it begins to shake and produces the most extraordinary effect.” Kalhana indicated the exact location of the shrine where, in course of time, ” a huge temple complex came up.” Some chronicles mention presence of an idol of Sarada made of wood inside the temple The shrine of Sarada stands on a hexa-angular Spring (19’-13’) which is covered with a stone slab .The temple had been surrounded by a wall 11 feet high .The main temple stood in the middle and in architecture, it resembles Kashmir Temples. It had a square plinth , 24 feet in length .From ground level, it was 5 feet high. The temple door faced the setting sun. One had to traverse stairs to enter the temple. The stair was 5 feet wide . A 4 feet varanda supported by two pillars lead to the door. The pillars were 2 feet 4 inch square and reached a height of 16 feet. The prayer room of temple was 12 feet 3 inch square . In the middle is the covered spring .This is the place where devotees worship and the sacred spot where the goddess appeared in her divine form is marked by a stone slab 7feet long,6 feet wide , half a foot thick. The stone is supposed to cover a ‘Kunda’ or spring from where the goddess rose and gave Darshan to Muni Shandalya then finally vanished in. The saint Shandalya with Maa Saradas blessings became great Rishi and Gotra Pravartak. He composed many hymns and wrote stotras on Sarada Devi. This seat and Sri Chakra are worshiped in the shrine. Sri Chakra form of Mother Goddess, in her form of Shakti, is associated with Chakrashwari (Hari Parbat). Sri Chakra is worshiped at Hari Parbat also in the cosmic form of Divine Mother. As per our religious scriptures this form is cosmic yoga of the Goddess, tantric in nature, which is adopted while fighting evil. Close to temple there had been a great center of learning as Sarada used to be the abode of scholars and Pundits of high vedic learning .Adi Sankara had also visited this temple. There he vanquished many learned disputants and seated himself triumphantly on the throne of ommiscience. The famous Vedanta scholar Achrya Ramanuj also visited this temple and great place of learning in 12th century AD. Dr . Max Mullar, the great German Sanskrit scholar writes, it was the only Sarada learning center in India where there was arrangement for teaching Indian philosophy which we call six systems of Indian philosophy. A prestigious education center based on Gurukul system flourished here. When and who built this grand and majestic temple at Sarada remains a mystery .The temple was repaired by Maharaja Gulab Sing under whose orders Col. Gundu , the Zildar of Muzaffarabad erected a shingle roof over the temple for its protection. The Maharaja also settled a small bounty of seven rupees “chilki” per mensem on the family of Gotheng Brahmins who claim the hereditary guardianship. This holy shrine is situated between 34 degrees 48’ North and 74 degrees 14’ East longitude, on banks of Kishanganga now called Nelam in Pakistan. It is about 100 kilometers from Srinagar and is situated at a height of about 3400 meters. The shrine is now in Pakistan occupied Kashmir. The pilgrims approached it through two principal routes of Kupwara and Muzaffarabad (POK). Nobody has visited this holy shrine for a long time now.

Shakaracharya Temple

One of the oldest stone temples of Lord Shiva in Kashmir is Shankaracharya temple. It is located in Srinagar on a hilltop about 1000ft above the ground level, overlooking Dal Lake with beautiful surroundings. Swami Vivekananda visited Srinagar in 1897.He described this most conspicuous temple : “Look ! what genius the Hindu shows in placing his temples !He always chooses a grand scenic effect ! See, the hill commands the whole of Kashmir.”

The temple was originally built by King Sandhiman of the Gonanda Dynasty of Kashmir in (2605-2540 BC) . He gave the name “Jeshteshwara “ and the hillock “Sandhiman Parbat”. According to Dr. Stein, King Gopaditya (369-309 BC) repaired the temple and the hillock was re- named “Gopadari” or Gopa Hill. However, the name of the temple remained unchanged. King Lalitaditya (701-737 AD) repaired it again. The temple is a massive stone structure built on a high octagonal plinth about 30 feet high. The basement is of 13 layers of stone and is about 20 feet high on the solid rock. The square building of the temple is supported by the basement. It has 84 recesses on its exterior and is surrounded by a parapet enabling devotees to have the Parikrama of the temple. The stairs leading to sanctum sanctorum number 36, first flight of 18 steps followed by 12 steps and again followed by 6 steps on either side of the landing terminating the second flight. The present structure, the interior of which is about 4 meters in diameter, is said to have been built by an unknown Hindu devotee during the reign of Emperor Jahangir. The original Shiva Lingam in the temple, along with over 300 precious idols of Gods and Goddesses therein and other structures around the temple, were destroyed by Sultan Sikandar (the Iconoclast) who ruled Kashmir (1389-1413 AD). It was repaired during Sikh regime and latter by Maharaja Ranbir Singh, the second Dogra ruler of Kashmir. The Maharaja of Indore electrified it. The temple was originally connected with the river Jhelum near the temple of Goddess Tripurasundary on its right bank known as Shudashyar Ghat by a finely sculptured stone stair upto the top of the hill . This flight of steps was got dismantled by Emperor Jehangir and the stones were used by his queen, Noor Jehan, to built a huge mosque, known as Pathar Masjid. This mosque was never used for prayers by Sunni Muslims as it had been built by a Shia woman. In her book “The Cities Seen in East and West’, Mrs. Walter Tibbits says in the chapter ”The City of Sun” that ;”The hill is rough and jagged as the path of Yoga. The elements have stained it every shade of ochre, the colour sacred to the Lord of the universe. Sharp rocks break the path as the trials of the way cut and wound the feet of the aspirant to knowledge. On its summit stands in simple, solemn dignity a small fane of grey stone. Its columns are fluted, its doom is round, surmounted by a trident, Inside is one thing only, an upright black stone... The Lingam is the oldest religious symbol in the world . It is also the simplest.” The British researcher Sir Walter Lawrence has remarked “while the old Hindu buildings defy time and weather, the Muslman shrines and mosques crumble away.”

Sri Adi Shankaracharya , a great philosopher, a saint of high order exponent of Vedanta , visited Kashmir in first quarter of 9th century (788-820 AD),for advancing his Vedantic knowledge. He along with his party camped outside the city of Srinagar without any boarding and lodging arrangement. Seeing the plight of visitors, a virgin was sent to meet Shankara. She found the party uneasy and frustrated because of not being able to cook as no fire was made available to them. The first glimpse of Shakti was exhibited to Shankara by this girl, when Shankara expressed his inability to make a fire, in reply to girl s question that you are so great, can not you make fire. The girl picked up two thin wooden sticks into her hands, recited some mantras and rubbed the sticks and fire was produced to surprise of Shankara. Later a religious discourse was arranged between Shankara and a Kashmiri Pandit woman. This discourse continued for 17 days.Sri Adi Shankaracharya yielded before the woman in discussion and accepted the predominance of Shakti Cult. He composed the well known hymn called Soundarya Lahari in praise of Shakti, at the top of the hill, known till then as Gopadari Hill. Kashmiri Pandits dedicated this hill and temple in honour and memory of his visit to Kashmir, thereafter it is known as Shankara- charya hill and Shankaracharya temple. The Shiva linga which is now worshiped in the temple is the modern one and was installed in 1907. The original image which existed was a linga encircled by a snake. Koshur Encyclopadia published by J &K Academy records ; “Behind Shiv Lingam at Gopadri (Shankaracharya temple)is statue of Adi Shankaracharya, which has been installed in1961.”By Shankaracharya DwarkaPeeth.

During April 1903, Sri Aurobindu, a great seer and Yogi visited Kashmir. He described the glory and divinity of Shankaracharya temple in a poem Adwaita and is reproduced as;

“I walked on the high-wayed seat of Solomon,

where Shankaracharya‘s tiny temple stands,

Facing infinity from Times edge alone,

On the bare ridge ending Earth ‘s vain romance,

Around me was a formless solitude All had become one strange un nameable,

An unborn Sole Reality World ---nude,

Topless and Fathomless, for ever still, A silence that was being’s only word, The unknown Beginning and the voiceless end, Abolishing all things, movement---seen or heard, On an incommunicable Summit reigned, A lonely calm and void unchanging peace, On the dumb crest of nature’s mysteries”.

Sun Temple Of Kashmir

There are very few Sun temples in India. The most important Sun temple is Konark in Orissa. Modhera in Gujarat and Katarmal in Almora (Uttranchal) are equally important. Sun temple in Kashmir at Martand is unique, magnificent and architectural marvel. Martand is one of the earliest and yet largest of the Kashmiri stone temples known to have a chain of pillars. On its right and left are some rooms meant for meditation. In the central temple, the images are desecrated and broken, but this central portion is exquisitely grand beyond description. According to H.Cole, Martand temple was built by Samdha Arya (35BC) .Some believe that it had been the Raja Ramdev of Pandva dynasty who first built the original temple devoted to Sun God. Many subsequent kings repaired and renovated the temple complex. The remains at Martand probably date from the period of Lalitadita (701-737 AD). The Rajatarangini is quit explicit on the subject, for in the section on Lalitadita it states that “That liberal king built the wonderful (shrine) of Martanda, with its massive walls of stone within a lofty enclosure (prasadantar),” further it reveals that the temple was dedicated tom the deity of the sun, Surya, who is called Martanda in the text.’’ Martand is about 64 kms to the south-east of Srinagar. The temple at Martand dedicated to the Sun is the most perfect construction with high technical accomplishments The proper temple is 63 feet in length by 36 feet in width at the eastern end. The width at the entrance end is only 27feet. It consists of a courtyard with principal shrine in the middle and a colonnaded peristyle. The latter is 220feet long and 142feet wide. It has 84 fluted columns facing the courtyard. The peristyle is the largest example of its kind in Kashmir. In main shrine, there are three distinctive chambers; the mandapa, the antaral and the garbhagriha .Another distinctive feature is the imposing gateway,as imposing as the main shrine. The walls of the gateway are profoundly decorated internally and externally, the chief mofit of decoration being rows of double pedimented niches. Most of these niches contain single standing figures of Gods. Other rectangular panels contain sitting groups, floral scrolls, pairs of geese etc. Susan Huntington wrote in “ The Art Of Ancient India,” about the Sun temple that it is rectangular in plan, consisting of a mandapa and a shrine. Two double shrines flank the mandapa on the western end. It is enclosed in a vast courtyard by a peristyle wall having 84 secondary shrines in it. Its courtyard was often used for defence purposes in the ancient past, a sort of a fort and a place of refuge. According to Rajatarangini, it was King Kalsha (713-750) who had taken refuge in this temple and had installed the idol made of gold. Fargusson speaks of King Jaisima (1128-1149) who also had taken refuge in this temple.

According to W.R. Lawrence, “ The ruins of the Hindu temple of Martand, as it is commonly called, the Pandav-Koru House-the Cyclopes of the east are undoubtedly’ occupying the finest position in Kashmir. This noble ruin is most striking in size and situation of all the existing remains of Kashmir grandeur.” He further writes,” There are in all eighty four columns, a singularly appropriate number in a temple of the sun. The number eighty four is accounted sacred by the Hindus in consequence of its being the multiple of the number of days in the week with the number of signs in the Zodiac.”

The Kashmir temple to all intents and purposes is a manifestation of an in independent ideal .

MYSTERIOUS CAVE TEMPLE OF SWAMI AMARNATH

Pandit Kalhan , the greatest and earliest historian-poet completed in AD1150, his immortal work of 7,844 verse Rajtarangini-“River of kings”, the history of ancient Kashmir in a detailed manner. According to Rajatarangini the most famous pilgrimage in Kashmir is the cave of Amarnath and mentions that King Ram Deva is stated to have imprisoned the debauch King Sukh Deva and to have drowned him in the Lambodheri (Lidder) among the mountains of Amarnath about 1000BC.It also mentions in Tarang II, Samdimat (Arya Raja)34BC-17AD,a great devotee of Shiva who rose from the position of a minister to be the king of Kashmir, “used to worship a Linga of snow above the forests, which is not to be found elsewhere in the world during the delightful Kashmir summers,” it further states in verse 267 that Shushram Naga (Sheeshnag) is seen to this day (i,e.1148-49AD) by pilgrims proceeding to Amreshvara.” As per ancient literature cave temple of Amarnath was worshipped by devotees of Lord Shiva from time immemorial. It is recorded that Himalayan caves have been abode of celestial beings and great sages used to meditate for hundreds of years in these caves. It is also recorded that the Himalayan mountain range especially the northern range is indeed the first and the sublimest symbol of divinity. “Of the mountains, I am the Himalaya” says Lord Krishna in the Bhagwat Gita. Someone asked Swami Vivekananda, “Why have we so many Gods and Goddesses?” He promptly replied, “Because we have Himalaya.” The music of the Himalayan streams brought divine feelings to the seers. The rushing streams fall like thunder with the sound of Vyom,Vyom on the rocks and the flow out in frightening speed with the sound Hara, Hara. Probably

Adi Shankara, inspired by snow clad Himalayan peaks and ice Lingam of Shiva at cave temple of Amarnath wrote of Shiva ;” Oh, Shiva, Thy body is white, white is Thy smile, the human skull in Thy hand is white. Thy axe, Thy bull, Thy earrings, all are white. The Ganga flowing out in foams from your matted locks, is white. The crescent moon on Thy brow is white. O, all-white Shiva , give us the boon of complete sinlessness in our lives.” Swami Vivekananda wrote about Shiva of Amarnath;

For whom all gloom and darkness have dispersed ,

That radiant light, white beautiful,

As bloom of lotus white is beautiful,

Whose laughter loud sheds Knowledge luminous

The worship of the Linga according to Vivekananda, was originated from the famous hymn in the Atharva-veda Samhita sung in praise of the Yupa-Stambha which represented the ‘Eternal Brahman’. The fire, the smoke, the ashed, flames, the blackwood and the ox connected with this Vedic sacrifice gave place to the conceptions of brightness of Shiva’s body. His tawny matted- hair, His blue throat and the riding on the bull of Shiva and so on---just so the Yupa-Stambha gave place to the Shiva-Linga and was deified as the high Devahood of Sri Shankara…..In the Linga-Purana the same hymn is expanded in the stories meant to establish the glory of the great Stambha and the superiority of Mahadeva.”

In ancient scriptures, it is recorded that Maharishi Bhrigu was the first person to sight and identify the cave temple of Swmi Amarnath where Lord Shiva had narrated the secret of Amartav to his consort Parvati and got himself transformed into ice Lingam on Sharavan Purnimashi. This sacred day falls every year on the night of the full moon in the month of Sawan (July – August) on Shrawan -Purnemashi, when sun is in Leo, ‘Simha’ Rashi and Chandrama, moon in Kumb ‘Aquarius’ Rashi, this yoga makes the Shiva-Lingam darshan very auspicious. A pair of snow pigeons over heard Shiva’s discourse and became immortal. Thus Amarnath , the Lord of Immortality and Deathlessness became Amreshvara. !” On August 2, 1898 Swami Vivekananda had Darshan of Amarnath . When he entered the shrine, a profound mystical experience came to him and latter he said, ‘Shiva Himself had appeared before him’. He further said; “ the ice Lingam was Shiva Himself. It was all worship there. I never enjoyed any religious place so much, so beautiful, so inspiring .” Swami Ramatirtha, on having a glimpse of the ‘Amareshwara Linga’ uttered in ecstasy an Urdu couplet, which means;“Where ice is bedecked in formless movement,

There stands supreme-consciousness as Amar Linga” The cave temple is located in South Kashmir ( 34.12’ :75.07’) at an altitude 12,720ft about 140 kms from Srinagar. The huge natural cave is about 25 meters high and enough to hold hundreds of devotees where a self-forming ‘Ice Lingam’ waxes and wanes with moon. The holy cave is 50’ long 25’ wide and 15’ high approximately. The cave is nature’s temple where ‘Ice Lingam’ is completely filling the right corner of the cave, the top of the Lingam touches the base of the cave. The base of the cave is also covered with ice, like a carpet . Here Shiva is worshipped by nature in the purest way. Shiva is snow-white and pure. Lingam is formed by drops of water falling from the top of the cave and two other small ‘Ice Lingams,’ are also formed, believed to be the symbols of Goddess Parvati and Lord Ganesha. The dripping that followed from the feet of ‘Ice Lingam’ or ‘Shiva Lingam’ took form of a stream known as Amuravati. According to Bhrngish Samhita a person who bathes in the waters of Amuravati and rubs himself with the ashes gets Moksha.

Pandit Kalhana describes in verse 267 of Rajtarangni; ‘ The lake of dazzling witness (resembling) a sea of Milk,which he created (for himself as residence ) on a far off mountain, is to present day seen by the people on the pilgrimage to Amreshvara.’

Francios Bernier, was the French physician who accompanied emperor Aurangzeb to Kashmir in 1663. He has mentioned about cave temple, “a magnificient cave full of wonderful congelations”. Vigne in his book’Travels in Kashmir, Ladakh and Iskardu’(1842) says; “The ceremony at the cave of Amarnath takes place on the 15th of the month of Sawan(28th July)….not only Hindoos of Kashmir but

those from Hindoostan of every rank and caste can be seen, collecting together and traveling up the valley of Lider towards the celebrated cave.” Lawrence mentions in ‘Valley of Kashmir’ ; “Pilgrims to Amarnath were joined by Brahmins of Mattan and further up to Batkot the Maliks used to take charge of the pilgrimage. “

On the night of the 11th day of the bright fortnight of Sawan (July-August) all pilgrims assemble at Pahalgam. Swami Vivekananda describes the on going pilgrimage as; “The procession of several thousands of pilgrims in far-away cave of Amarnath, nestled in a glacial gorge of the Western Himalayas, through some of the most charming scenery in the world, is fascinating in the extreme. It strikes one with wonderment to observe the quiet and orderly way in which a canvas town springs up in

some valley with incredible rapidity at each halting place with its bazaars and broad streets running through the middle and vanishing as quickly at the break of dawn, when the whole army of gay pilgrims are on their march once more for the day. Then again the glow of the countless cooking –fires, the ashes covered Sadhus under the canopy of their large geru (orange) umbrellas pitched in the ground, sitting and discussing or meditating before their dhunies (fire) , the Sanyasis of all order in their various garbs, the men and women with children from all parts of the country in their characteristic costumes, and their devout faces, the torches shimmering at night fall, the blowing of conch-shells and horns, the singing of hymns and prayers in chorus, all these and many other romantic sights and experiences of a pilgrimage, which can be met with nowhere outside India, are most impressive and convey to some extent an idea of the overmastering passion of the race for religion. Of the psychological aspect and significance of such pilgrimage, done on foot for days and days, much could be written. Suffice it to say, that it is one of those ancient institutions which have above all, kept the fire of spirituality burning in the hearts of the people. One sees here the very soul of the Hindu nation laid bare in all its innate beauty and sweetness of faith and devotion.”

According to Amreshvara Mahatmaya some of the important places where pilgrims had to perform ablutions while on pilgrimage were Anantnaga, Mach Bhawan (Mattan) , Ganeshbal (Ganeshpora,6800ft) Mamleshwara (name of Lord Shiva), (Mamal, 7300ft), Nilganga, Chandanwari, Shusshram Naga (Sheshnag),the pilgrims have to cross at Vayujana (Vowjan), from Lidar to Sind valley,then to Panjtarni, and finally to Amuravati. Nowadays the journey starts from Pahalgam (7500ft). The next halt which is at Chandanwari (8500ft) is 10kms.away. The old name of the place is ‘Sthanuashrama’. ‘Sthanu’ is an epithet of shiva and literally it means ‘a pollard’. Lord Shiva sat in samadhi like a pollard in the lap of Himalaya where ‘Deodar’ grew. From Chandanwari to Pisu Gathi (12200ft) is steep hill of 2kms.and then 7kms. away is Seshnag (13148ft) the next halting point. The Seshnag lake 25sq.kmrs. in area, is fed by the Kohenhar glacier(5178 mtrs.) which looks like hood of a cobra. The milky-water of the lake is seen just 200mts. Down in a trough-shaped basin. The mountain around Seshnag is covered with snow and it has seven peaks which resemble the seven heads of mythical Seshnag. From Seshnag to Panchatarni (12230 ft) is about 7kms. In between is 5kms climb, to Maha-gunas, the highest peak in the whole track. This is the last halting place for pilgrims. From Panchatarni to holy cave (12729ft) is 6kms. Panchatarni is a wide plain among the mountain ranges, where five streams flow side by side. Going across these streams there is the sixth stream in which pilgrims perform ‘Shradha.’

The whole Amarnath pilgrimage procession is conducted under the auspices of Chhari Maharaj. Bringesha Samhita records, that Rishi was once approached by the people praying to show them the path to salvation. The sage advised them to take pilgrimage to cave temple of Amarnath and pray to Shiva Lingam. To ensure safe journey to cave temple ,Bringesha Rishi prayed to Lord Shiva, he was graced with Holy mace pair. Ever since this became symbol of protection for the yatries and has now taken the form of Chhari- Maharaj----the holy mace, and leads the annual yatra. The Chhari generally used to leave after performing the Puja at Dashnami Akhara (Srinagar) on the 4rth day of the bright fortnight of Sawan. During Sikh rule in Kashmir ‘Chhaari Maharaj’ used to start from Amritsar, during Dogra rule from Srinagar and now after the exile of Kashmiri Pandits from valley it is from Jammu. The Mahants who wield the divine command of holy place carry the two holy maces and when the Mahant after the prayers at the cave temple takes his seat a Sadhu holding one of the mace stands on his right and other on his left. Despite the terrorist activities in Kashmir and their targeting Yatra, large number of pilgrims throng to Holy Cave Temple of Swami Amarnath, year after year.

THE BOOK 
KASHMIR: HINDU SHRINES

The book provides a comprehensive account of the history and heritage of the Hindu shrines and tirthas in Kashmir, the tradition and legend associated with them and the spiritual experience they symbolize. 

The book is the first complete study of the sociology of the Hindu religious culture of Kashmir and provides a description of the ancient Hindu temples, mostly lying in ruins, shrines and tirthas and the places of pilgrimage, the cave temples, temples built in and around springs and temples in general, besides, shrines dedicated to the worship of Bhavani—the Mother Goddess. 

The book is based upon source materials drawn from mahatamayas of the Hindu shrines, scriptural notices, legend and tradition. The English version of several mahatamayas and legends and extracts of scriptural notices are included in the foot-notes and appendix of the book for ready reference.

Kashmir formed a part of the complex of cultures, which grew in the north of India from their harappan begingings. An attempt has been made to place the history of the Hindu tirthas in the broad context of the Hindu religious culture of India.

The book is expected to provide the basis for evolving new approaches to the study of the Hindu religious precept and practice which underline a deeper insight into the Hindu religious culture.

(TOTAL NUMBER OF PAGES 268 WITH MORE THAN 100 RARE BLACK & WHITE AND COLOURED PHOTOGRAPHS) 
BOOK IS AVAILABL FOR: Rs.300 only (SPECIAL PRICE) 
AT: 
VIDYA GOURI RESEACH CENTRE 
71, SUNDER BIOCK, SHAKARPUR, DELHI—110092, Tel.22547672, 
MOB.9891297912 , Email.cl.gadoo@gmail.com Blog. clgadoo.blogspot.com

Kashmir Hindu Shrines

Heritage and History

By Shri C.L.Gadoo

A Review by T.N. Dhar ‘Kundan'

At the outset I must congratulate Shri Gadoo for writing this book so painstakingly after a good lot of research. He has dedicated it to his late father Shri Janki Nath Gadoo and rightly so because heritage and history belongs to our fathers and forefathers. The book has a very well written and analytical foreword by our eminent historian, thinker and writer Shri M.K.Teng. The shrines described in the book have been appropriately grouped under various categories, stone temples, spring temples and cave temples. These have been described in great detail, giving an account of their architecture, location, historical background and the legends attached to them. These descriptions have taken into account minutest details that have gone collectively into giving an idea of the architectural grandeur, cultural importance and the religious sanctity of the shrine concerned. Innumerable sources have been tapped by the author to trace the history of every shrine mentioning the king by whom or in whose regime the temple was established and the deities who have adorned their sanctum sanctorum. This extract will amply prove what has been stated above:

“Ancient stone temples of Kashmir are either square or oblong, subdivided into closed or open types. The doorways are everywhere rectangular and Brahmanical temples face in all directions. However, they bear a unique feature in having the water spout, without exception, to the left of the image. The temple walls are profusely carved. The basements of these temples consist of single or double platform, thus giving a single or double passage for circumambulating.” “Pandit Sona Lal Thusu, who was originally a resident of the village Liddarwan, established a shop in Shardi village in 1922. Sona Lal was witness to the annual pilgrimage to the Sarada temple…. He has given a full description of the visit of Kashmiri saint Mathura Devi, who visited Sarada shrine in 1933……” 

The book has convincingly argued that the Hindu temples are not merely prayer houses but seats of learning and culture where one experiences the presence of the Absolute and embarks on an exercise to know Him. There are certain ancient Sanskrit texts still extant, which throw light on the origin, history and the religious importance of the holy river Vitasta, as also the shrines at Tulamula, Amarnath, Sharada, Koti Tirtha etc. These are called Mahatamyas. The learned writer has drawn extensively from these sources to establish the relative importance of each one of these shrines and their pristine glory. There is a separate chapter on the legendary river, Saraswati, on the banks of which the civilization of Kashmiri Pandits is deemed to have flourished because of which we are known as Saarswat Brahmins. While it is widely believed that the river, which existed in Vedic times and later, no longer exists and must have either dried up or got merged with some other major rive, I am of the opinion that a serious thought should be given to the possibility of the river Saraswati and the river in Afghanistan called Harakeeti being one and the same. We know Gandhar (modern Kandahar) has been closely linked with India and we also know that Dewan Nand Ram of Kashmir was the governor of Afghanistan. We also know that the tribes on the Indian side were called gana and on the other side apa-gana, whereby the name Apaganasthan (Afghanistan).

The chapter on destruction of temples is very poignant and painful. It details the events that took place from time to time in Kashmir, which led to the destruction and desecration of Hindu temples, shrines and places of worship, followed by persecution and forcible conversion. This has happened in the period of Mughals, Pathans, Shahmiris, Chaks and others. So much so that desecration of temples and usurpation of the temple land and property took place even in the post independence period. This chapter highlights the pain and plight of Kashmiri Hindus and their suffering from time to time, physically, mentally and emotionally. These details have chronicled the darkest chapters of the history of Kashmir. The author has given vent to his own deep rooted feelings and his concern for the plight of the society to which he belongs.

The book has a wide coverage of all types of temples and shrines dedicated to Shiva, Vishnu and His various incarnations and Shakti in Her different forms of Laxmi, Kali, Durga etc. The age-old tradition of Kashmir of having allegiance to specific form of Shakti, called Kula Devi or family goddess has also been described in this book purposefully and authentically. This highlights the practice of Shakti worship that has been prevalent in this part of the country since ages. Although it is said that Brahma, the creator is not worshipped as such, (there is only one temple dedicated to Brahma at Pushkar in Rajasthan), the learned writer has traced some information about the temple dedicated to Brahma, the creator as well. 

A very important under current in the entire book is to establish the historic fact that Kashmir has been religiously, culturally and traditionally a part of this vast country Bharatvarsha where God is worshipped in His various forms of Brahma, the creator, Vishnu, the sustainer and Rudra, the destroyer; Vishnu in His various incarnations of Rama, Krishna etc, Shiva along with His consort; Shakti in Her different aspects of Parvati, Laxmi, Saraswati, Kali and the like. This link needs to be preserved and strengthened by reconstructing the damaged shrines, establishing them as seats of worship and culture and bringing back their lost glory. There is also a paramount need for our young researchers to carry on this study, which has so thoughtfully been inaugurated by Shri Gadoo, further to bring to light the hidden history and cultural importance of these temples and shrines, through an in-depth study of various ‘Mahatamyas’ and collateral evidence that may be available in different manuscripts still untraced and untapped. 

Source: Spade a Spade, Feb 2012 issue, and Milchar, March-April 2012 issue 

The martyrdom of Guru Tegh Bahadur has a multi-dimensional significance in the annals of Kashmir, especially for the survival of Kashmiri Pandits. Aurangzeb was very eager to convert India, “the land of the infidels into the land of the faithfuls”. The Brahmins preserved the Hindu religion and their wholesale conversion to Islam would have helped him in bringing the rest of the Hindus into Muslim fold. He thought of converting Brahmins to Islam because they form the core of the Hindu religious tradition. So he started persecuting them.

Guru Tegh Bahadur
Picture Courtesy: Koshur Samachar

Kashmiri Pandits were renowned for their learning and orthodoxy. When the Mughal emperor turned his eyes towards them, he encountered stiff resistance. During 49 years of his reign, Kashmir was administered by 14 governors. Iftikhar Khan was the most fanatic and bigoted of these. He ruled Kashmir from 1671 to 1675. He was using force ruthlessly to convert Pandits to Islam. Faced with an ultimatum, many of them began to flee Kashmir. Those who stayed back and refused to accept Islam were put to sword.

Some Kashmiri Pandits met under the leadership of Pandit Kripa Ram of Mattan and decided to go to the Swami Amarnath cave temple and invoke the mercy of Lord Shiva. At the holy cave temple, one of them saw Lord Shiva in a dream Who told him to go to Tegh Bahadur, the ninth Guru of Sikhs, and ask for help to save the Hindu religion. He spoke to his companions about the revelation and they all decided to appeal him.

Guru Tegh Bahadur was a multi-faceted genius. He was a Prophet, a Saviour, a Mystic, a poet, a martyr and a great visionary. A visionary who could understand reality in its totality. He was saviour of the Hindus. He fought against fanaticism and championed the cause of religious freedom. He was one of the greatest liberator of mankind. His hymns gave a clear idea of his vision of life and have been a source of spiritual solace to millions of men and women. Mystics have a vision of life and the Guru was a mystic visionary as well as a revolutionary. He was a fearless man and an enlighted soul. He was a saint, a yogi, a soldier and a prince. He dressed like a prince, took part in hunting, participated in battles, but was basically a saint. He was a true yogi who led the life of a householder.He fought in self defence and when he deemed it fit, he laid down his life in defence of helpless Kashmiri Pandits.

Guru Tegh Bahadur was leading a secular movement and was immensely popular. He attracted large crowds wherever he went. Out of 11 years of his spiritual reign, he spent almost 8 years in traveling through Bengal, Bihar, Assam, Orissa, Uttar Pradesh and Punjab. He visited almost all the places earlier visited by Guru Nanak Dev Ji to propagate the message of humanity. During his tour, he came across and exchanged views with Brahmins, Vaishnav saints, Sufis and all those who had been upset by Aurangzeb’s increasing oppression. The Guru came to be admired by them. He was all compassion for the suffering humanity and people flocked to him in large numbers. The Guru maintained an open kitchen. To serve the congregation the residents of the villages voluntarily collected food stuffs, milk and butter for Guru’s langer. It was his identification with the people and his love and compassion for them, which created the popular perception of the Guru as a hero who could come to the rescue of the down- trodden. They took him as their saviour. He became a source of spiritual solace for the suffering people and they saw in him their protector against tyranny. That is why the Kashmiri Pandits felt that he could help them and protect them from the tyrannical rule of Aurangzeb.

The Mughals ruled India for more than two hundred years. Earlier Muslim dynasties had very short span of life .The Khalji dynasty ruled for 30 years(1290-1321), the Tughlaq dynasty for 94 years(1321-1414), Sayyads for 37 years (1414-1451) and the Lodis ruled for 75 years. The Mughal emperor Aurangzeb wanted to convert India-the land of ‘infidels’ into an Islamic country.He considered conversion to Islam as a part of his imperial policy.He demolished temples and humiliated Hindus. He tried to make the Mughal state a Muslim theocracy. In November 1665 he issued orders that Holi not be celeberated and in the same year Diwali was also banned. In 1668 Aurangzeb banned the holding of Hindu festivals in pilgrimage centers. In 1668 he banned music and dismissed musicians. Taxes were imposed on Hindus in almost every field. Pilgrim tax was imposed in 1679. Jizya was re-imposed in the same year. It was an attempt to humiliate the Hindu elite. Abu Talib was sent to the friendly state of Jaipur and he reported that he had demolished 66 temples at Amber. During his march to Deccan the emperor ordered the destruction of all the temples en-route. He celebrated his victory over Golkanda by destroying temples at Hyderabad. In 1692 he ordered that the temple at Rasulpur should be destroyed. Hiteshwar Mandir at Barnagar in Guujarat was destroyed in 1693. In 1696-97 temples at Sorath in Gujarat were demolished. He stopped the public worship of idols at Dwarka. Prominent Hindu temples demolished on orders from Aurangzeb; Lalita Temple at Delhi, Temples of Malirana(Jaipur),

Vishhvanath temple and Gopi Nath temple at Benaras in August 1669. Vallabhcharya temple at Mathura.At Surat the Brahmins were asked to pay a large sum of protection money. In 1707 Hindus

were not allowed to burn their dead on the banks of river Sabarmati at Ahmedabad. Fireworks of all kinds were prohibited as per Fatwa-e- Alamgiri. Almost the whole of the Muslim period in the history of India was a crusade against Hindu religion and culture.

In March 1671 a Muslim officer was sent to Ujjain to demolish Hindu temples. The Hindus of Ujjain rose in protest. They rioted and killed the officer and many of his soldiers. There were many other stray attempts by Hindus to resist the high handedness of the emperor. It was Shivaji who was the lone protector of Hinduism. He fought many battles and finally founded Maratha Empire.

The Hindu centers of pilgrimage were citadels of Hinduism. Aurangzeb focused his attention specially on Kashmir, Kuruksheta, Varanasi and Haridwar. He ordered that the Brahmins of these places should be brought into the fold of Islam. According to Macauliffe, ‘The Sikh Religion’ Vol. IV. P369.” The experiment of wholesale conversion was first tried in Kashmir. The Kashmiri Pandits were well known for their scholarship and converting them to Islam would encourage other Hindus to embrace Islam. Surrounded as they were with Muslim lands, they could be threatened with war and complete annihilation. The peaceful Kashmiris could not be expected to resist the Muslim military might. The emperor also felt that he might succeed in tempting the Brahmins from Kashmir into accepting Islam by promises of money and government appointments.” Koer Singh Kalal, the author of ‘Gurbilas Patshahi Das’, Chapter IV. Says that “there was piled up a heap of a maund and quarter of janeus (sacred threads) of the Hindus who had embraced Islam under the command of Iftikhar Khan. Many of the Brahmins who did not accept Islam under the threat of death managed to escape from Kashmir and under the guidance of Kirpa Ram, they reached the Darbar of Guru Tegh Bahadur.”

On May 25,1675, when 500 Brahmins from the valley led by Pandit Kripa Ram (a sanskrit teacher in Gobind Rai) came to Anandpur to narrate their story of repression and woes to Guru Tegh Bahadur. The Guru was moved by their entreaties and told them that their problem could be solved only if some soul of truthfulness and integrity offers himself for sacrifice. His son, Gobind Singh, who was at that time just nine years old, said; ”Who else can be more truthful and sublime than you! You alone can protect the Hindu religion. You alone are that graceful and sublime.” Guru Tegh Bahadur was delighted to hear the brave words of his son. He told the Kashmiri Pandits to go and tell the emperor that if he could be able to convert the Guru to Islam, they would gladly follow him. This resolve of the Guru and his ultimate sacrifice brought tremendous change in the body politic of India, leading in turn to the establishment of the Khalsa by his brave son Guru Gobind Singh, the decline of the Mughal supremacy and re-establishment of religious tolerance.

Malcolm writes in ‘Sketch of Sikhs, P.33’ ;” The Sikhs stung by a deep sense of injuries listened to the Guru with all the ardour of men commencing a military career of glory. They listened with rapture to a son glowing, with vengeance against the murderers of his father who taught a doctrine suited to his troubled state of mind, called upon his followers by every feeling of manhood, to lay aside their peacable habits, to graft the resolute courage of the solider on the enthusiasm of the devotee to swear eternal war with the cruel and haughty Mohammedans.”

On November 11, 1675, Guru Tegh Bahadur attained martyrdom at Chandi Chowk, Delhi. It is known as Gurdwara Sisgunj Sahib. Three of the Guru’s devotees, Bhai Mati Das, Bhai Sati Das and Bhai Dayala, had been tortured to death a day earlier on the very spot on which the Guru was martyred. Before these fearless followers of the Guru had their tryst with divinity, the Guru had blessed them and said,” All my blessings are with you --- my noble disciples. What greater joy and pride can I have than the thoughts that my dearest disciples were with me. “

Guru Tegh Bahadur’s martyrdom is an event of greatest importance in the evolution of the Indian ethos, especially the history of Kashmiri Pandits. In his supreme sacrifice can be perceived the triumph of the eternal glory of the Indian spiritual tradition.

In October, 1947, when Jammu and Kashmir acceded to India., the ruler of the State, Maharaja Hari Singh signed the same standard form of the instrument of Accession, which the other major Indian States signed. The accession of the State to India was not subject to any exceptions or pre-conditions to provide for any separate and constitutional arrangements for the state. Neither Nehru, nor Patel gave any assurance to Hari Singh or the National conference leaders that Jammu and Kashmir would be accorded a separate and independent political organization on the basis of the Muslim majority character of its population.

The demand for a separate political organization of Jammu and Kashmir, independent of the constitutional organization of India, was made by the National Conference leaders, when India and Pakistan accepted the Cease-fire in the State in 1949 and more than one-third of its territories were left under the occupation of Pakistan. The National Conference claimed rest of the state for the Muslim Nation of Kashmir.

The Conference leaders, indulged in double-talk, which later became the main feature of their political outlook and while on the one hand they accepted that they supported the accession of the Jammu and Kashmir State to India, they proclaimed the Muslims of the Sate as a Muslim nation in India, which had a right to freedom and choice to determine its future, irrespective of the instrument of Accession Maharaja Hari Singh had signed. Many of the Conference leaders openly claimed that the right of self-determination, embodied by the United Nations resolution, left the choice open for Muslims of the State to determine its future affiliations and the Muslims would in no case abnegate from the rightful obligation to exercise it. The Conference leaders, accused the Hindu communal forces in India, which sought to merge the state into the Indian constitutional organization to end the Muslim majority character of its population and bring about its subjection to the dominance of the Hindu majority in India.

The Indian leaders were perhaps unable to perceive the real motives behind the damage and the duplicity of the conference leaders caused to the public mind in the state. Whereas the Muslims were gradually awakened to the awareness of a new future, which promised a second Muslim homeland to them in Jammu and Kashmir, after the creation of Pakistan, the Hindus and the Sikhs as well as Buddhists in Ladakh, were quickly led to the realization of their doom, which a second partition of India would unfold. In the Muslim homeland of Jammu and Kashmir, they would meet no better a fate than the Hindus and Sikhs had met in Pakistan and in the occupied Kashmir.

After a long deliberation a settlement was finally reached between the conference leaders and the Indian leaders. The Delhi Agreement of July 24, 1952 between Sheikh Abdullah and Jawahar Lal Nehru defined the relationship between the Union and Jammu and Kashmir. The agreement stipulated that Dogra rule would be abolished and the ruler would be replaced by an elected head of the State, who would be recognized by the President of India. The Jammu and Kashmir State would have separate national flag, a separate official language, and a separate national emblem. It was also agreed that the residuary powers would remain with the state and constituent Assembly would frame a constitution for its governance.

The Hindus in Jammu constituting a majority in Jammu province protested against the Delhi Agreement, which they claimed amounted to the exclusion of the state from the Indian constitutional organization. The Praja Parishad reactivated its cadres for a civil disobedience movement, which they pledged to launch if the government of India did not put an end to the wide spread political uncertainty which prevailed in the state and integrate it with rest of the country. The Parishad emphasized that India was one nation and Jammu and Kashmir state, an integral part of Indian nation, could not be governed by separate constitution, by a separate flag and have a separate President.

Article 370 of the constitution was included in the temporary and transitional provisions of the constitution of India. Evidently, the special position accorded to the Jammu and Kashmir State was presumed to be of a temporary nature and subject to change. It was, in fact, an act of limitation imposed on the application of the constitution of India to the state, after the state was included the first schedule of the constitution. The state was included in the First Schedule independent of Article 370.

The conference leaders were particularly opposed to non-application of the provisions of the constitution of India with regard to citizenship and fundamental rights to the state.

They disapproved of all forms of safeguards on the pretext that such safeguards would frustrate the resolve of the interim government to undertake economic, political and social reforms in the state. The reasons for conference leaders to resist the application of fundamental rights to the state were, however, different.

The right of equality and right to protection against discrimination on the basis of religion, the right to freedom of faith and right to property enshrined by the constitution of India conflicted with the Muslimisation of the state, the interim government had embarked upon right from the time it was installed in power.

After the interim government was instituted, and the Conference leaders secured undisputed mastery over the government of state, they initiated several measures, which had a devastating effect on the Hindus and other minorities.

I. The conference cadres, under the cover of land reforms, to dispossess the Hindus of their land put a widespread land-grab into operation.

II. All interests in property, industry, trade and commerce, transport etc. were extinguished in the name of nationalization of property to establish a class-less society, but in reality to exclude the Hindus and other minorities from Industry, trade, transport and commerce and forge a new, politically motivated Muslim middle class.

III. An undeclared moratorium was placed on the entry of the Hindus and the other minorities into the employment of the state, to rectify the communal imbalances alleged to have been fostered by the Dogra regime.

IV. The moratorium was extended to the admissions of the Hindus and the other minorities to educational institutions, grant of scholarships and nominations to institutions of higher and technical education outside the state.

V. Hindus and other Non-Muslims were removed from any responsible positions, which they held, to exclude them from all decision-making bodies of the state government.

VI. Islam was virtually recognized as the official religion of the state and all rational commitment to secularism was interpreted in terms of the ‘principles of religious tolerance’ Islam enshrined.

During the years that followed, the secessionist movement in the state gathered greater strength. A whole generation of the Muslim youth was socialized to the Muslim quest for freedom from India and the unification of the state with Pakistan. The autonomy of the state, envisaged by ‘Article 370’ provided the political context, in which Muslim separatism was recognized as a legitimate expression of Muslim aspirations to freedom.

The demand for ‘greater autonomy’ after 30 years of the Kashmir Accord between the Late Smt. Indira Gandhi and Sheikh Mohammed Abdullah on February 24, 1975 has once again brought into sharp focus the machination and double talk of National conference. The Hindus and the Buddhists expressed sharp disapproval of any compromise with the National Conference on the issue of autonomy. The Hindus of Kashmir, smoldering in exile, denounced the conference demand for the restoration of 1953, status, as a tactical maneuver to prepare the ground for the separation of the Kashmir Valley and Muslim Majority regions of the Jammu Province from India, for which the inspiration came from several western powers. Interestingly, the Muslim secessionist forces and militant organizations expressed subdued disapproval of the demand of ‘greater autonomy’ reiterating their claim for self-determination, expressing doubts about the ultimate advantage, the autonomy of the State would provide to them.

The Creation of an Autonomous state of Jammu and Kashmir, placed outside the political organization of India, will go half way to substantiate Pakistan’s claim on Kashmir with terrorists guns booming in the background. India will, sooner or later, be forced to accept a settlement, which is acceptable to Pakistan.

The idea of population census in India is very old. In ancient India from times immemorial some estimates of population was recorded in different manuscripts and scriptures. Rigveda records a 'Low Density' population in and around villages. Where as 3000 years BC, we had 'high density' population during Harappa and Mohenjodaro civilization. When Alexandar came to India (327 BC) the population density was still higher. Chandergupta Maurya had an army of 700,000 soldiers. This clearly shows that there was some system of census in India with details of civilians and soldiers. Kautilya's Arthashastra details population statistics for purposes of taxation. It also elaborates methods of conducting population, agriculture and economic censuses. During the Mughal period the ownership of land, land revenue and population census were also maintained. However, during British rule, census operation picked up gradually.

From the time of East India Company, there had been growing need for population statistics for tax purposes. The British Parliament was also keen on the estimates of population in the overseas territories. Between 1816 and 1839, some efforts were made to estimate populations of India. There are some records available e.g. Ward and Conner's Memoris of the Survey of Travancore and Cochin State' (1816-1820), Sir John Malcolm's "Report on the Province of Malwa and Adjoining Districts" (1822), R. Montogomery Martin's 'Compilation, Statistics on the colonies of the British Empire' (1839) etc. But it was in 1865 that the Government of India and the Home Government agreed in principle that a general population census would be taken in 1871. The actual collection of the data for this census was done from 1867 to 1872. This census is usually known as 1872 census which, provided important economic information and comprehensive record of Religious Demographic data. However first complete census of the Indian population was conducted in 1881. The year 1881 is watershed in the history of Indian census. Since then census has been conducted after every 10 years. In the history of Indian census of 130 years, only twice census operations have been suspended in the parts of the country. Assam in 1981 and Jammu and Kashmir in 1991. Census operations were not suspended in 1941 in the midst of World War II nor in 1951 soon after partition. After Independence, the Census Act was passed in 1948. In 1949, the Government of India took two important decisions (1) to initiate steps for the improvement of registration of vital statistics (2) to establish a single organization at the Center under the Registrar General to deal with vital statistics and census.

India has distinction of being the land from where certain great religions of the world namely - Hinduism, Buddhism, Sikhism and Jainism originated. Muslim and British rule brought Islam and Christianity to India. The Muslim rule in India lasted for 567 years (1190-1757) and British rule lasted for 190 years (1757-1947). During 757 years, the population of Muslims has risen from 0.4 million in 1200 to 9.5 million in 1947. The population of Muslims in this period has grown to 25 percent and Hindu population has fallen from 100 to 75 percent. After Independence also, the growth rate of Muslims during 1947-2001 has been higher than the growth rate of Hindus. Muslim population has risen from 9.5% to 13.4% and Hindu population has fallen from 86.64% to 80.5%. The Indian population stands at 1028 million in 2001, against 347 million at the time of independence i.e. almost three times of 1947 (August) estimates.

Incidentally, demographics and economics have changed social equation. The Indians below 34 years are 728 million almost 70% of the total population. There is a major young force in making and the country has its social responsibility. There is hardly any representation of young members in Parliament. Out of 543 sitting Lok Sabha members, only 12 are born after 1970. Although literacy rate has gone up and stands at 64.8 percent, but the poverty ratio stands at 36 percent and 100 million are unemployed in the country despite economic growth (GDP growth of 6.1 percent a year during 1990-98, according to National Accounts, NAS) whereas China's poverty ratio of 4.6 percent has been achieved in 1998 itself despite of its population growth.

The menace of population explosion is very grave in our country. The sooner it is curbed better it is. Global research shows that fertility drops when women enter the work force and earn money. Once a woman starts earning, having a child means a temporary stoppage of income, hence they opt for smaller families. Empowered Women the world over give more attention to education, health and small families.

The Times of India (Sep. 7,2004) records : "Here is India by the numbers, And by religion. Hindus continue to comprise and overwhelming majority of the country 80.5%, although their growth rate has declined by 4.5% in the period 1981-91 to 1991-2001, from 25.1% to 20.3%. Muslims account for 13.4% of the population, but their growth rate has nudged up by 1.5% from 34.5% to 36%. In other words, for every Muslim there are Six Hindus in the country".

The National Commission for Minorities has observed that conversion to Christianity has taken an alarming proportion in North - Eastern States. In Tripura, during 1991-2001, the Hindu population grew by 15 percent, while christian population grew by 121 percent. In Meghalaya according to 1991 census, the christian population was 11,46,092, within a span of 10 years, the number rose to 16,28,986. The increase was 4,82,894. In Mizoram the population increase was 1,81,467. NCM report describes the following facts :-

– From 1991 to 2001, the growth rate of Christian population was 22.6 percent.

At present the Christian population is 24 million, i.e. 2.3 percent of total population.

– Nagaland, Mizoram and Meghalaya have the highest percentage of this community - 90 percent in Nagaland, 87 percent in Mizoram and 70.3 percent in Meghalaya, 25.2 percent to total population is in Kerala.

- There are eight states where Christian community exceeds one million - the states are Kerala, Tamil Nadu, Nagaland, Meghalaya, Andhra Pradesh, Jharkhand, Maharashtra and Karnataka.

According to National Family Health Survey (NFHS) during 1998-99, 17.9 percent of Hindus have a low standard of living as compared to Muslims who are only 12.9 percent female literacy rate of Hindus is 86.7% where as Muslims is 85.5%, almost same.

Religious demographic changes have changed the destinies of many countries, leading to large scale killings, abduction, destruction of religious places, uprooting of millions of people and unspeakable violation of Human Rights. Religious intolerance made Parsis to leave Persia (Iran) as early as in 13th century. In Soviet Union before its collapse, the Muslims sustained a birth rate of five times that of non-Muslims. While Muslims constituted only 16 percent of Soviet population, they counted a 49 percent increase in the total population between 1979-1989. (The demographic of Islamic Nations, p 13). Similarly, Labanon turned from Christian - majority to Muslim - majority state by the higher birth rate of Muslims. (Ann Sheety Report 1990, p 15). It is a world wide fact that any increase in Muslim population invariably leads to violent struggle for Independence, secession or division of parent country. That has been the history of India, Lebanon, Bosnia, Cyprus, Chechanya and many other countries. In 1947, Hindu population is West Pakistan was 23 percent and today it is less than one percent and Hindu population in Bangladesh (East Pakistan) was about 30 percent and now it is hardly 7 per cent. Afganistan has largely become Hindu-less so also Kashmir. Muslim fundamentalism and terrorism is fast spreading in India. Even Christianity is making in-roads in North-Eastern States, mainly by conversion. This is very dangerous for the integrity, security, unity and future of the country.

Population is no doubt a very powerful factor in democratic politics. The delimitation of constituencies and re-adjustment of seats in the state legislatures and Lok Sabha every ten years are based primarily on census data. But in India, vote-bank politics has become dirty game. Kashmiri Hindus who are living refugees in their own country since 1990, and donot constitute a vote-bank have become victims of this trend. Frankly speaking, Kashmiri Hindus have a long history of persecution, torture and unending sufferings. There were about 8 Lakh Hindus living in Kashmir during Hindu rule till 14th century. With the advent of Muslim rule the situation changed drastically. During the period 1339 to 1819, there was large scale persecution of Hindus and forcible conversion. Maharaja Ranjit Singh conquered Kashmir from Pathan's in 1819. Within four months of Sikh rule census was conducted in Kashmir. The census figures of population are alarming. The population stood at 6 Lakhs and out of that only 28,000 were Kashmiri Pandits rest were converted or decimated.

Prof. Buhler published a fascinating thesis on Kashmiri Pandits in his report in 1877, the extracts (13) "The Brahmins or Pandits, as they are usually called, are the only native of Kashmir who have preserved their ancient faith, while all the other castes have embraced Mohammedanism. Their number probably does not exceed 40,000 to 50,000. Babu Nilambar Mukarji told me that a late census of the town Srinagar had shown 24,000 for the city, and that the reminder of the country probably did not hold more than the same number". According to 1931 census Kashmiri Hindus were 63088 and 1941 census records 78,868 and total population was 17, 28, 705 in Kashmir Division.

After Independence, census figures of Kashmiri Hindus were by and large manipulated. The 1971 census recorded the number of Hindus in Kashmir at 1, 11,311 and 1981 census at 1,23,828. Thus the population of Hindus in Kashmir Division registered only 6.75 percent decadal growth during 1971 - 1981, as against the growth rate of 27.29 percent as a whole. There was no census in Jammu and Kashmir in 1991. The census of Jammu and Kashmir in 2001 shows total population - 10,143,700. Males 5,360,926 and females 4,782,774. sex ratio 892 per 1000 males, whereas Kashmiri Hindus total 1,00,962. Male 90,870 and female 10,020! These census figures of Kashmiri Hindus are inaccurate and totally distorted with unnatural and abnormal sex ratio. The figures have been deliberately kept vague. The district wise break up of Hindu population in Kashmir valley is as follows :

During 1990, there was ethnic cleansing of minority community from Kashmir valley. Kashmiri Hindus took refuge in Jammu and other parts of the country. Government of Jammu and Kashmir started registrations of displaced families at Jammu which was conducted by other state Governments as well. In Jammu division total number of 28561 families got registered. Out of these 25215 were Hindus families and 21199 families were registered else-where in the country. Almost equal number of families could not get registered due to official apathy and many with firm belief that they have to return back soon to their homes. At a later stage Kashmiri Hindus approached National Human Right Commission with a list of fresh registration but it is still kept in abeyance. About 50,000 families are already registered and a large chunk of families are still lying un - registered. As such there are about 100,000 families comprising about 500,000 Kashmiri Hindus taking an average of 5 persons per family who are lying dispersed throughout country. Another fact recorded in census 2001 (Jammu & Kashmir) is shown below :

This is a factual position that most of the vacant census houses belong to Kashmiri Hindus. Hence the number of persons who have been hounded out is much more.

There should be a National Register which will account for total number of persons of Kashmiri origin and properties left behind. Secondly, till Kashmiri Hindus return home they should be treated in the same manner and on the same analogy as for the people of Sikkim as per Article 371 F (f) of the Constitution which states "Parliament may, for the purpose of protecting the right and interests of different sections of the population of Sikkim make provision for the number of seats in legislative Assembly of the state of Sikkim which may be filled by candidates belonging to such sections and for delimitation of the assembly constituency from which candidates belonging to such sections alone may stand for election to the legislative assembly of the state of Sikkim". Similarly Art 331 and Art 333 provide nominations of representatives of Anglo-Indian Community in parliament and legislative assemblies. President nominates not more than two members of the community to the Parliament and state governors nominate one members of the community to the assembly.

Kashmiri Hindus have time and again demanded that every Kashmiri Hindu should be registered and photo-identity cards issued to all such persons so that their identity and state subject will not get ablated. Recently, they have started this practice them-selves and needs Government's support. Census 2001 is on eye opener, every citizen of this country needs to be registered and issued photo-identity card so that millions of Pakistani and Bangladeshi nationals who are illegally living in India can be identified and sent back to their respective lands. This is very important to save India from further religious demographic imbalance.

Kashmiri Hindus despite of having suffered untold miseries, in the past have maintained distinct community features. Kashmiri Hindu is a class-less society of Brahmans without any further caste and creed. A Kashmiri Hindu farmer, a trader, a doctor, a teacher, and an advocate an employee everyone is of the same class i.e., "Kashmiri Pandit". Perhaps this is the greatest strength of its survival! The Class-less society will be boon for Indian Society as whole.

PART I

(Source: Koshur Samachar, March 2011)

Modern history of Kashmir begins with the unification of Ladakh ,Jammu and Kashmir valley into an integrated modern state of Jammu and Kashmir . Original inhabitants of Kashmir were Aryan Saraswat Brahmins also known as Kashmiri Hindus or Kashmiri Pandits. It was a great centre of Sanskrit learning and fine arts for long centuries. With the advent of Islam in 14^th century, Muslim invaders forcibly converted its people to Islam, killed those who resisted and raised its temples and monuments to the ground. Maharaja Ranjit Singh conquered it in 1819 from Afghans and made it a province of his Sikh kingdom. The two Anglo-Sikh wars led to the final extinction of Sikh sovereignty in the Punjab and by virtue of the treaties of Lahore and Amritsar the British, transferred and made over in perpetuity, the independent position to the Maharaja Gulab Singh and heirs male of his body, all the hilly and mountainous country situated to the east of Indus, and west of Ravi river. In consideration of this transfer Maharaja Gulab Singh paid to the British government the sum of 75 lakhs of rupees. The treaty on March 16, 1846, is known as “Treaty of Amritsar”. But the fact is, Maharaja Gulab Singh who was already controlling Jammu and Ladakh, had to wrest Kashmir valley from the unwilling hands of Governor Imam Din after a bloody battle.

Dogirath is a Sanskrit word meaning two lakes. A Rajput settlement around the  waters of two lakes the Mansar and the Siroinsar, which together give the people their name-- the Dogras. The Dogra royal line traces its descent from the ancient Kshatriyas mentioned frequently in Mahabharata. The Dogra ruler claimed that they belong to the Surya Vanshi race. It is also believed, valiant Rajputs assembled at Jammu ,the capital of the Dogra rulers, from neighboring states to defend India , against the Greek invader, Alexander.    

Ladakh is the largest district of the state. Its earliest inhabitants were Aryan population. Buddhism came from Kashmir in 2^nd century and became main religion of the people till date. In the late 17^thcentury, Ladakh was taken over by Tibet , but in 1834, the Dogras under Zorawar Singh, a general of Maharaja Ranjit Singh invaded and annexed Ladakh to state of Jammu and Kashmir .

The disinformation campaign led by separatists that the valley of Kashmirmakes the state of Jammu and Kashmir is not true. Kashmir Valley is only a small part of the Jammu and Kashmir State . The Jammu and Kashmir State, as it emerged from the British Indian Empire after the British quit India in 1947, constituted of (a) the province of Kashmir (b) the province of Jammu (c) the frontier division of Gilgit, Baltistan and Ladakh along with the Dardic Dependencies of, Hunza, Nagar, Yasin, Punial, Ishkoman, Darel and Koh Gizir. The province of Jammu was larger than the province of Kashmir in area and population. The frontier division of Gilgit, Baltistan and Ladakh was larger than the two provinces of Kashmir and Jammu put together, though it was sparsely populated.

In Pakistan there is no confusion about the territorial content of the dispute. The Government of Pakistan and the people of Pakistan have never accepted the reduction of the dispute over Jammu and Kashmir to the dispute over theValley of Kashmir . In 1947, when Pakistan invaded the State, the invading army swept into the Jammu province and Kashmir province simultaneously, breaking through the borders of the state with Pakistan .  On 1 November, five days after the airborne troops of the Indian army landed in Srinagar , airborne troops of the armed forces of Pakistan landed on the airstrip in Gilgit opened for them by the Gilgit Scouts, the force raised by the British from among the local Muslim population to garrison the Gilgit Agency. The Gilgit Scouts joined the invading army of Pakistan and lost no time to press eastwards into Baltistan. The Muslim troops of the State army and their Muslim officers posted at Bunji in Baltistan, mutinied and joined the invading hoards. Remnants of the State army, joined by the Buddhist population of Ladakh, held the invading forces at bay till the Indian troops marched up the Zojilla pass to relieve them.

When Pakistan invaded the State in 1947, the Hindus, Sikhs and the Buddhists along with the Kashmiri-speaking Muslims, who formed the main support base of the All Jammu and Kashmir National Conference, formed the core of the resistance the invading army met with. However the Muslim officers and ranks in the State army, about 45 percent of its strength, mutinied, massacred their Hindu officers and comrades-in-arms in cold blood and joined the invading columns as they poured into the State across its borders with Pakistan . The Hindu and Sikh officers and other ranks of the State army, joined by the Hindus, Sikh and Buddhists, fought to the last man, to keep the invading army at bay, till the airborne Indian troops reached Srinagar.

In Gilgit, the Gilgit Scouts mutinied on 1 November 1947, imprisoned the  Governor of Gilgit, Ghansara Singh, killed the Hindu and Sikh military and police officials and opened up the air-strip which was built by the British for the airborne troops of Pakistan to land in Gilgit. The fall of Gilgit was followed by the mutiny of the Muslim officers and men of the State army regiment posted at Bunji in Baltistan, who joined the invading armies in their advance into Baltistan and Ladakh.

In the territories of the State, which were overrun by the invading hordes, more than 38000 Hindus and Sikhs were massacred. Thousands of women were abducted; hundreds of them committed suicide to escape capture. All Hindu and Sikh temples and shrines were burned down or destroyed to erase the last vestiges of the Hindu and Sikh culture and religion in the occupied territories. The whole Hindu and Sikh population of the territories occupied by the invading ---     army, which escaped the holocaust took refuge in Jammu. Refugees (Hindus and Sikhs), from Pakistan-occupied-Jammu & Kashmir is approximately 1.2 million and are living in 29 camps across Jammu province. The Buddhists in Baltistan who escaped the onslaught of the invading army took refuge in Ladakh. The assertion that Jammu and Kashmir presented a heaven of peace and brotherhood while the rest of India smoldered in communal violence is a myth.

After the Truce Agreement and the Cease-Fire which ended the fighting inJammu and Kashmir in 1949, more than forty percent of the territories of the State remained under the occupation of Pakistan . The fighting in Jammu and Kashmir began with the invasion of the State by Pakistan in October 1947. The occupied territories included the district of Muzaffarabad and a part of the district of Baramullah in the Kashmir province, the district of Miprur, and a part of the district of Poonch in the Jammu province and the frontier region of Gilgit, along with the Gilgit, Agency and the region of Baltistan and the Dardic dependencies. The rest of the Jammu and Kashmir State, which lies on the Indian side of the cease-fire Line, now called the Line of Control, constitutes of the province of Kashmir,15,853sq.kms., province of Jammu,26,293sq.kms., and the frontier division of Ladakh, 39,241sq.kms.Total area is 1,01,387sq.kms.,whereas total area occupied by Pakistan and China is:1,20,849sq.kms---more than Indian territory.

After the Truce Agreement, negotiated by the United Nations and the consequent cease-fire in the fighting in the State in January 1949, the Hindus, Sikhs and the Buddhists continued to fight against the war of subversion, Pakistan waged from the occupied territories of so called ‘Azad Kashmir’ to foment Muslim distrust in the State. In 1953, the Kashmiri-speaking Muslims who had supported the accession of the State to India in 1947, repudiated their commitment to the unity of India on the ground that India had denied them the right to reorganize Jammu and Kashmir into another Muslim nation between India and Pakistan . The Hindus, Sikhs and Buddhists arraigned themselves with the forces which opposed to the Muslimisation of the State and fell into a head on collision with a new Muslim separatists movement led by the All Jammu and Kashmir Plebiscite Front, which was founded in 1955, to ensure the implementation of the United Nations resolutions on Kashmir, envisaging a plebiscite to determine the future affiliations of the State. The Hindus, Sikhs and the Buddhists formed the main resistance to the Muslim struggle for self-determination, the Plebiscite Front spearheaded till 1975, when the Indira-Abdullah Accord was concluded and the Plebiscite Front dissolved.

The Jihad which Pakistan launched in Kashmir in 1990, to liberate Jammu and Kashmir from the Indian hold, mounted its first attack on the Hindus inKashmir . The terrorist assault on the Hindus in Kashmir commenced in the fall of 1989, and by the summer of 1990, more than 700 of them had been assassinated in cold blood. Most of the victims were innocent people who lived in poverty and persecution in the Muslim dominated constitutional organization of the State.

Among those killed were people from all section of the Hindu Society; teachers, lawyers, political activists, media men, intellectuals, errand boys and men of small means. The massacre of the Hindus was accompanied by a widespread campaign of intimidation and threat to drive out the Hindus from the Kashmir province, burn their temples and religious shrines and homes and loot their property. By the end of the year 1990, the whole community of the Hindus in the Kashmir province was driven out of their homes and hearths. For the last two decades, during which the terrorist violence in the State has continued unabated, the Hindus have been living in exile in refugee camps and rented accommodation at Jammu , Delhi and elsewhere in the country.

On the  intervening night  between 25^th to 26^th of January 1998, the terrorists committed a heinous crime by killing 23 innocent, unarmed Kashmiri Hindus at Wandhama which includes 10 women, 4 children and amongst whom 13 months infant who was pumped 18 bullets! Some of them were burnt alive in a house.  Another barbaric, inhuman and brutal killing took place at Chatta-Singpora on 20^th March 2000, where about unarmed 40 Sikhs, men, women and children were killed. Complaints have been filled before National Human Commission, New Delhi , along with other killings which have taken place but no action has been taken so far by the commission to apprehend the culprits and punish them.

No settlement on the dispute over Jammu and Kashmir can be reached, so long the dispute is treated as a Muslim problem confined to the Valley. The right to life and freedom of the Hindus, Sikhs and Buddhists and their aspirations are as factoral to a peace-settlement on Jammu and Kashmir as the right to life and freedom of the Muslims and their aspirations are. The interests and aspirations of the Hindus, Sikhs and the Buddhists, who constitute nearly half the population of Jammu and Kashmir, are central to any settlement reached between India and Pakistan.

PART II

(Source: Koshur Samachar, May 2011)

Distortion of the history of the partition of India, false propaganda and lies, shroud the accession of Jammu and Kashmir to India in 1947, as well as the exclusion of the State from the Indian Constitutional organization by virtue of Article 370 of the Indian Constitution in 1950.

The creation of two Dominions of India and Pakistan was restricted to the division of British India and the separation of the British Indian provinces of Sindh, Baluchistan, North-west Frontier Province, the Muslim majority contiguous regions of the province of the Punjab, the Muslim majority eastern region of the province of Bengal, along with the Muslim majority regions of the Hindu majority province of Assam. The princely States, which formed an integral part of the British Indian Empire, were not brought within the scope of the partition plan.

The Indian Independence Act did not lay down any provisions in respect of the procedure for the accession of the princely States to the two dominions and the terms on which the accession would be accomplished. After the 3 June Declaration of 1947, the States Department of the Government of India was divided into two sections: the Indian Section which was placed under Sardar Vallabhai Patel and the Pakistan Section which was placed under Sardar Abdur Rab Nishtar of the Muslim League. The task of laying down the procedure of the accession of the States to India was entrusted to the Indian Section and the task of laying down the procedure for accession of the States to Pakistan was entrusted to the Pakistan Section. The Indian Section drew up an Instrument of Accession for the accession of States to India, so did the Pakistan Section for the accession of States to Pakistan. The Instrument of Accession enshrined the procedure and the terms in accordance with which the rulers acceded to either of the two Dominions.

The Instrument of Accession drawn up by the Indian Section laid down two sets of terms and procedures, one for the larger princely States and the other for the smaller princely States. States were provided no option, except to accede to India on the terms and conditions laid down by Indian Section, or to accede to Pakistan on the terms and conditions laid down by the Pakistan Section of the Indian States Department. All the larger princely States which acceded to India, including Jammu and Kashmir, signed the same standard form of the Instrument of Accession and accepted the terms it enshrined. The Instrument of Accession enshrined acceptance by the rulers of princely States to unite their domains with the Dominion of India on terms and conditions and in accordance with the procedure laid down by it. The princely States were never recognized by the British as independent entities. They formed a subsidiary structure of the British colonial organization of India which was subject to the British Crown. The lapse of Paramountcy did not alter their status. The Instrument of Accession signed by the rulers of the princely States, including Jammu and Kashmir, stipulated the unification of the States with the two successor States of the British Empire in India. The transfer of power in India underlined the creation of only two successor States of the British Indian Empire: the Dominion of India and the Dominion of Pakistan. The lapse of the Paramountcy put the States on the inevitable course which led them to accede to either of the two successor States.

The rulers located within the geographical boundaries of the Dominion of Pakistan, acceded to Pakistan. The ruler of Kalat, who was opposed to the accession of Kalat to the Dominion of Pakistan, was smothered into submission by the Muslim League with the active support of the British, included Bahawalpur as well. All other princely States were situated in the geographical boundaries earmarked for the Dominion of India. The State of Jammu and Kashmir was contiguous with both India and Pakistan. Its borders stretched along the boundaries of the Dominion of Pakistan in the West and South-west, while its borders in the East and South-east rimmed the frontiers of the Dominion of India. The ruler, Maharaja Hari Singh, harboured no illusions about the accession of his State to Pakistan and eagerly awaited a clearance from the Congress leaders, who had secretly advised him not to take any precipitate action in respect of the accession of his State, till Hyderabad and Junagarh were retrieved.

Pakistan had no special claim to Jammu and Kashmir on the basis of the Muslim majority composition of its population. As already mentioned, the Muslim League strongly opposed any suggestion to recognize the right of the people of the princely States to determine the future of the States. It was only when Pakistan failed to grab Jammu and Kashmir after it invaded the State in October 1947, and the Indian military action frustrated its designs to swallow Hyderabad and Junagarh, both States located deep inside India, that Pakistan raised the bogey of self-determination of the Muslims of the State of Jammu and Kashmir on the basis of their numerical majority.

The Instrument of Accession was executed by the ruler of Jammu and Kashmir State on the terms specified by the Dominion of India. Neither the ruler of the State, Maharaja Hari Singh, nor the National Conference leaders played any role in the determination of the terms the Instrument of Accession underlined. Sheikh Mohammad Abdullah and many National Conference leaders were in jail when the transfer of power in India was accomplished by the British. Sheikh Abdullah was released from jail on 29 September 1947, about a month and a half after the British had left India.          

Three days after his release, the Working Committee of the National Conference met under his presidentship and took the decision to support the accession of the State to India. The decision of the Working Committee was conveyed to Nehru by Dwarka Nath Kachroo, the Secretary General of the All India States Peoples’ Conference, who was invited to attend the Working Committee meeting of the National Conference as an observer. Kachroo was a Kashmiri Pandit who had steered the movement of the All India States Peoples’ Conference during the fateful days in 1946-1947, when partition and the transfer of power in India were on the anvil.

Interestingly, the National Conference leadership kept the decisions of the Working Committee a closely guarded secret. Within a few days after the Working Committee meeting, the National Conference leaders sent secret emissaries to Mohammad Ali Jinnah and other Muslim League leaders. While Sheikh Mohammad Abdullah held talks with a number of Muslim League leaders of the Punjab, who had come to Srinagar after his release, he sent two senior most leaders of the National Conference, Bakshi Ghulam Mohammad and Ghulam Mohammad Sadiq, to Pakistan to open talks with Muslim League leaders. Jinnah spurned the offer of reconciliation the National Conference leaders made and refused to meet the emissaries. Sadiq was still in Pakistan when Pakistan invaded the State during the early hours of 22 October 1947.

Hari Singh upturned the whole gameplan of Pakistan. While the invading army spread across the State, Hari Singh sent his Prime Minister, Mehar Chand Mahajan to Delhi to seek help to save his State from the invasion and offered accession of the State with India. Sheikh Mohammad Abdullah had already reached Delhi. He made no secret of the danger the State faced and asked Nehru to lose no time in accepting the accession and ensuring the speedy dispatch of Indian troops to the State. The instrument of Accession was taken to Jammu by V.P. Menon, where it was signed by the Maharaja. Menon then rushed back to Delhi and got the Instrument accepted by Mountbatten. Next day, the air-borne troops of the Indian Army reached Srinagar.

Maharaja Hari Singh laid no conditions for the accession of the State to India. The National Conference leaders were nowhere in the process of the Accession of the State, to lay down any condition for the accession of the State to India. The Congress leaders including Nehru made no promises to the National Conference leaders. The terms of the Instrument of Accession were not altered in any respect by the Viceroy. Neither Nehru, Patel, nor any other Congress leader gave any assurance to the Conference leaders about autonomy or Special Status of the State. In fact the National Conference leaders did not make any such demands at any time, while the process of accession was in progress.

National Conference leaders demanded the exclusion of Jammu and Kashmir from the Indian constitutional organization in the summer of 1949, when the Constituent Assembly of India was in the midst of framing the Constitution of India. This was the time when foreign power intervention in Jammu and Kashmir had just begun to have its effect on the deliberations of the Security Council as well as the developments in the State. Pakistan refused to withdraw its forces from the occupied territories of the State and distorted the facts regarding the accession of the State.

The princely states were not required to execute any Instrument of Merger. The State Department of India laid down a procedure for the integration of smaller princely States into administratively more viable Unions of States. To complete the procedure of this integration, the State Department drew up an Instrument of Attachment, erroneously described as an Instrument of Merger. The major Indian States, including Jammu and Kashmir, were not required to sign the Instrument of Attachment. Moreover, the Instrument of Accession had no bearing on the integration of the States into the Indian Constitutional organization.  The Instrument of Accession was a political instrument and the accession of Jammu and Kashmir was a political act, which had international implications as it formed a part of the process of the creation of the State of India. As such, the Instrument of Accession executed by Maharaja Hari Singh was irreversible and irreducible, irrespective of the circumstances and events in which it was accomplished.

The demand of ‘Greater Autonomy’ by vested interests after 35 years of the ‘Kashmir Accord’ between Smt. Indra Gandhi and Sheikh Mohammad Abduallah on February 24, 1975 has once again brought into sharp focus the machination and double talk of National Conference. During the years that followed, the secessionist movement in the State gathered greater strength. A whole generation of the Muslim youth was socialized to the Muslim quest for freedom from India and the unification of the State with Pakistan.

Hindus, Sikhs and Buddhists of the State, expressed sharp disapproval of any compromise with National Conference on the issue of autonomy. Interestingly, the Muslim secessionist forces and militant organizations expressed subdued disapproval of the demand of greater autonomy, reiterating their claim for self-determination expressing doubt about the ultimate advantage, the autonomy of the state would provide to them.

Kashmiri Hindus, who are living in exile for more than last 22 years, are still languishing in camps and rented accommodation allover the country, especially in Jammu and Delhi. More than 90% of State Government employees have retired from services during this period. No fresh recruitment of Kashmiri Hindus has taken place since then. Every step is taken to improve the welfare of the majority community. 

Recent survey shows that the State has received Rs. 94.409 crore between 1989-90 and 2009-10, which is 10 to 12 % of all grants disbursed by the Central Government to the States. The bulk of this aid is spent in the valley which is less than 1% of India’s population! The National Sample Survey of 1999-2000, shows that Kashmir has lowest poverty ratio of 3.5 % inspite of violence, against national average of 26.1 %, whereas Orissa has highest poverty ratio of 47.2%. As per the Planning Commission report 2004-05, Jammu and Kashmir had the lowest poverty ratio of 5.4 % and the national average 28.3%.  Even prosperous state like Maharashtra contains 10 of India’s 100 poorest districts and has highest rate of farmer suicide. During 2006, 1452 farmers committed suicide in Vidarbha region alone! During the same year, 16863 farmer suicides, have been reported all over the country. But no farmer suicide has been reported from Kashmir so far.

The creation of an autonomous state of Jammu and Kashmir, placed outside the political organization of India, will go half way to substantiate Pakistan’s claim on Kashmir with stone pelters in forefront and  terrorists guns booming in the back-ground, India will, sooner or later, be forced to accept a settlement which is acceptable to Pakistan.    

By Chaman Lal Gadoo

European scholars searched for histories of India , from eighteenth century onwards, but could not find any that conformed to the familiar European view of what a history should be. The only exception, according to them, is history of Kashmir-Rajatarangini, written by Pandit Kalhana, a Kashmiri, in Sanskrit during 1149A.D.Rajatarangini-river of kings, is about dynasties of kings, culture, people and about Hindu civilization of India . Kalhana is often described as India ’s first historian. Kalhana consulted at least eleven Sanskrit compositions on the history of Kashmir , like Nilmat Purana, Kshemendra’s Nrapavli, chronicles of Padmamihira and Chavillakaran etc. while writing his own. These do not exist today, barring Nilmat Purana. The Mahatamayas ofKashmir are sources of early historical geography and describe the topography of the valley, also the various places of pilgrimage.  

Pandit Kalhana begins writing Rajatarangini with an account of king Gonanda I, who took part in Mahabharata war and was killed. Mahabharata runs around 100,000 stanzas, probably the longest book in the world and goes back around 3000 BC. By popular tradition, the Kali Age started with the death of Sri Krishna, 35 years after the War. The Kali calendar has a beginning of 3102 BC; therefore it is thought that the Mahabharata War took place in 3137 BC.

The two great Indian epics--- Ramayan and Mahabharata written in Sanskrit, speak volumes of histories of ancient kings, their dynasties, their kingdoms, wars they have fought, about people, their lands, culture and religion.Ramayan and Mahabharata are not only epics but are historical traditions in the epic form. The planetary positions narrated by Maharishi Valmiki in Ramayan, at different events in Sri Ram’s life, have stood the test of the times. Indian history has recorded that Sri Ram, born in 5114BC, belonged to the Suryavansh and he was the 64^th ruler of Ayodhya of his dynasty. Professor Subash Kak of Lousiana University in his book,’ The Astronomical Code of the Rig Veda’ has listed 63 ancestors of Sri Ram, King Dashratha, King Aja, King Raghu, King Dilip and their predecessors.

The oldest records were not written on parchment or inscribed on stone, they were written in the memory of people, who handed down the precious heritage from generation to generation. The most vital part of Indian history is the race memory of the Hindu society, which gave birth to great treasure of ancient Sanskrit literature in the form of Vedas, Upanishads, Puranas, full of spirituality and ancient wisdom. The earliest scriptures of Aryans are Vedas and Upanishads known as Sruti. Later scriptures are collectively known as Smrtis. Thomas Berry, a historian of cultures, made following remark about the Vedic heritage-- “In quality, in quantity, in significance for man’s intellectual, cultural and spiritual life, this literature in totality is unsurpassed among all other literary traditions of the world.”  

A Great Heritage

The Sanskrit civilization constitutes the great heritage of our country. It flourished mainly on the banks of great rivers, in different regions by socio-religious and cultural bonds. It was on the banks of the lost sacred river Saraswati, that the Vedic seers perceived the hymns of the Vedas, in Sanskrit. Similarly, the Vedic culture spread over the banks of Indus and Vitasta rivers and it became integral part of Aryan culture.  Sanskrit is the richest and most ancient language. Sanskrit language is the root of Indian culture. While speaking to the Asiatic Society in Kolkata on February 2, 1786, Sir William Jones made a statement;“…the  Sanskrit language, whatever is its antiquity, is of a wonderful structure; more perfect than the Greek, more copious than the Latin, and more exquisitely refined than either, yet bearing to both of them a stronger affinity, both in the roots of verbs and in the forms of grammar, than could possibly have been produced by accident; so strong, indeed, that no philosopher could examine them all three, without believing them to have sprung from some common source, which, perhaps, no longer exists”.

Sanskrit Literature in Kashmir

An early name belonging to Kashmir is Bharata Muni of the Natyashastra. The Natyashastra has a total of 36 chapters and it is suggested that this number may have been deliberately chosen to conform to the theory of 36 tattvaswhich is a part of the Shaivite system of Kashmir . The bhana, a one-actor play described by Bharata is still performed in Kashmir by groups calledbhand pather (bhana patra, in Sanskrit).Some scholars and historians, record that Kalidasa, the celebrated Sanskrit poet-dramatist had his roots in Kashmir. In fact, Kashmiri scholars, writers and poets have made highly significant contributions to classical Sanskrit literature and religious thought. The dedication of Kashmiris to Shiva and his powers in their prose and poetic writings is a golden chapter in Sanskrit literature. The Shiva  philosophy of Kashmir, also known as Trika Shastra, flourished in South India ,and achieved an identity of its own. There are Sanskrit texts relating to Tantra, Kundalini Yoga, and Shaivism by Kashmiri scholars. Among the sages who propounded the Kashmir Shiva philosophy, the names of Vasugupta, Somananda, Bhtta Kallata, Utpal Dev and Abhinav-Guta, stand out as celebrated exponents. Both Vaishnava Agamas and Shiva Agamas have their source in Kashmir . So far as Sanskrit literature is concerned apart from Alankara Sastra in which Kashmirians seem to have excelled, the names of Somadeva, Kshemendra, Bilhana , Damodaragupta, and Kalhana stand out as a brilliant galaxy of genius adding lustre to the history of Sanskrit literature Kshemendra's   contribution to Sanskrit literature is unique in one respect. He introduced humor with social satire. According to Bhartrihari and other early scholars, Patanjali ,a Kashmiri, made great contributions to Yoga (the yoga-sutras) and to Ayurveda.

Kashmir has been on the threshold of foreign invaders, who not only destroyed most of its history but also adultered the culture and social values from time to time.Buddhism, Shaivism and Sanskrit learning flourished in the valley and produced a remarkably rich culture till the Muslim conquest in 14^thcentury, overturned the social structure of Kashmir . Kashmiri scholars not only contributed original Sanskrit texts to Sarvastivadin schools of Buddhism but also to the development of Mahayana Philosophy.  One of the most remarkable books that Kshemendra, who was himself a Shaivaite, produced was on the Avadanas of the Buddha, a classic in later Buddhist literature.

Early History of Kashmir

Jonaraja’s Rajatarangini (1420—70), brought chronicle to the reign of Sultan Zainul-ab-din. Greater part of his chronicle deals with Hindu rulers from Jayasimha to Kota Rani. His pupil Srivara wrote four chapters about the events from 1459-1486AD. The fourth and last Sanskrit chronicle entitled Rajavalipataka, began by Prajyabhatta wrote till 1513-14 AD, and was completed by his pupil Suka, some years after annexation of Kashmir by Akbar in 1586AD.Narayan Koul Ajiz, wrote Twarikh-i-Kashmir in 1710AD, about reigns of Sultans and early Mughals. Pandit Birbal Kachuru wrote history of Kashmir in 1835, when Kashmir was under Maharaja Ranjit Singh, 1819-46AD. He wrote history of Kashmir under Mughal and Afghan rulers. In 1846AD, the valley came under Dogra rule. It was from this time onwards that scientific survey was conducted by archaeological experts using modern scientific tools regarding geography, history, and composition of its people. Archaeological discoveries have given new definitions about the history ofKashmir , its origin, people and ancient civilization.   

The legends indicate that Kashmir was once a vast lake known as Sati-Saras, the Lake of Sati . The lacustrine or lake deposits locally known as Karewas, spread all over the valley, substantiate this fact of history. According to a tradition the drainer of this lake was Rishi Kashyap, hence this land was called Kashyap-pur or Kashyap-mar and latter Kashmir . On the basis of scientific observations, Frederic Drew, a famous geologist, wrote,”The traditions of the natives---traditions that can be historically traced as having existed for ages---tend in the same direction, and these have usually been considered to corroborate the conclusions drawn from the observed phenomena.”

The Karewa formation occupies nearly half the area of the valley. Neolithic man settled on these Karewas, or Udhars in Kashmiri. Geologically, the Karewas provided natural settlements for earliest Kashmiris, as forests for hunt and lakes for fishing and fowling were in immediate vicinity. Neolithic period was followed by Megalithic period. This period is indicated by the erection of menhirs which are huge standing stones. The history of the development of human culture in Kashmir starts from hunting culture. Even as hunter the earliest form of religion was developed. The worship of rain-god, sun-god and Vedic fire-god, were earliest form of religion which were followed by Mother- Goddess, Shiva worship and by other Vedic gods.    

Excavations at Burzahom

The extensive excavation conducted at Burzahom was the first of its kind inJammu and Kashmir on the basis of stratified cultural deposits. Burzahom karewa is about 25km. north of Srinagar and about 3km. from Telbal Nala. It is a megalithic site situated on the   Yendrahom Karewa (table land) revealed that earliest settlers were pit-dwellers. The dwelling pits generally had a central post to support the roof. The pit chambers also showed partitions. Burzahom in Kashmiri means the place of birch, which was available during Neolithic times, is proved by burnt birch found during the excavations. Apart from the stone tools found at site, there were bone tools also. Twenty four soil samples from different levels of the Neolithic period were got examined and the plant remains so recovered belonged to the ancient crop of wheat, barely and lentil. The tools needed for digging, planting and thrashing of crops were found. Tools for hunting, bow and arrow were found. A stone slab bearing the hunting scene was also found.                          

“The stone slab obtained from Burzaham is rectangular in shape. Most of the stone slabs were plane without any engravings. Among dozens of such slabs, only two bore the engravings. Even among the two, only one slab with a base width of 70 cm portrayed the most impressive expression of art in relation to Neolithic settlements. The engraved portion is divided into two parts. The top part  shows  an  animal  on  the  right  and  on  the  left  are  depicted  two suns,  one complete with  sixteen radiating lines and the other one is slightly damaged. it seems that picture depicts the hunting scene but it is postulated that this is not  a  terrestrial  hunting  scene  but  represents  actually  a  sky map  giving  location  of prominent  constellations  and  the  moon  on  that day  during  which  Supernova  was observed (Joglekar et.al 2006).One of the hunters on the figure is same as Orion, the central animal is same as the Taurus. The hunter on the right may have been formed from stars of Cletus and the other animal on the right may be Andromeda and Pegasus. The position  of  Supernova's  (HB9'S)  is  indicated  by  a  spot  in  the  upper part  of  the picture and moon's position in the carving is indicated by a bigger spot at the centre of the picture. The long curved line in the carving, traditionally interpreted as spear, may be an arc of bright stars. Also the location of HB9 fits perfectly with the left object in the  picture, with  a supernova  of  -9.6 magnitudes  in  the  close  vicinity.  It  is  already assumed  that  the  figure  on  the  left  is  Orion  and  to  check  this relative  distances  of various star locations in the figure were measured with the angular separation of stars in the sky. The fitting of these various stars to different points in the figure is reasonably accurate with some error (Joglekar et.al 2006).These predictions reasonably assume tobe an astronomical event which has taken place some 5,000 YB. The event is assumed to be a Supernova (Joglekar et.al 2006).” This is extract from a research paper of (Dept. of Physics) Kashmir University .

Hand made pottery in crude form also was dug out at Burzhom. A pot with 950 beads was fond in a pit, sealed by a hard layer of mud. Some of the beads have parallels in Harappan beads. There are other common features in Harappan ivory combs and other objects found in Kashmir . Also cult objects found in Semthan ( Kashmir ) are similar to those found in Moenjodara. In their book ‘Moenjodaro: a 5000 year old legacy’ by K.H. Shaikh and S. M. Ashfaque, Department of Archaeology and Museums(Pakistan) write; “The cult objects show little change from Kot Dijian elements and include the motif of peepal leaves (Sanskrit asvattha or niagrodha. ficus religiosa), fishes and fish-scale patterns, swastikas, hatched circles, rhombs, wavy lines and other geometrical patterns. A large variety of ‘mother goddesses’, phallic symbolism, tree spirits, and a homed deity recognized as ‘proto-Siva’.“

“The radiocarbon evidence suggests movement and development of the Neolithic Culture in the Kashmir valley. It seems that central Asian neolithic tradition entered the Kashmir valley in the second half of the fourth millennium BCE when the Neolithic Settlers occupied the western part of the valley around Kanishkapura and then moved towards central Kashmir as the dates from Burzahom indicate the occupation around 2881 BCE onwards. The neolithic settlements occupied further south-eastern part of Kashmir in about 2347 BCE onwards around Gufkral. It was during this phase when chalcolithic contacts might have developed between the neolithic settlements of Kashmirin North and Harappan civilization in the Punjab-Haryana region in South which is indicated by the co-existing Harappan settlement at Manda (Akhnur) in Jammu on the right bank of the Chenab and Malpur, a Neolithic site partly excavated during 1994–96, located very close to the former, but on the left bank of the Chenab .” Extract from a research paper on Kanishkpura by Archaeological Survey of India (1998-99).

The most important evidence of skeletal remains of Neolithlc man fromKashmir and the Harappans bring out that they belong to the same stock. The earliest results which radio carbon dates indicate are before 2357BC.In the exhaustive report submitted by the Anthropological Survey of India, which was published in the form of book ‘Human Remains of Burzhom’ . The authors are of the view,” We are inclined to assert that Burzhom crania are closer to Harappa R37 crania than to Neolithic crania of southern India . The skeletal evidence points towards ethnic affinity between Harappa and Burzhom series and suggests ethnic continuity, in spite of cultural differences”.

Structural remains at the both sites of Burzhom and Gufkral during the megalithic period are marked by rubble stone constructions, a change from earlier Neolithic level. A new wave of installing menhirs at community functions have been seen densely distributed in the valley.

Beginning of Indus Civilization

The Saraswati-Indus-Vitasta cultural tradition represents the begging of the Indian Civilization. This tradition has been traced back to about 7000BC. In the remains that have been uncovered in Mehrgarh and other sites. Its first phase was during the Harappan period of 2600-1900BC.Harappan culture had extended to Lothal in district Ahmedabad.  The first Harappan cemetery was excavated at Rupar (Haryana) and second at Bara ( Gujarat ). Indian Archaeology produced further remnants of Harappan culture including steatite seals with the typical Indus script and motifs during excavation at Lothal during 1955.The Indus-Saraswati Valley Civilizations spread over more than 250,000 square miles, and included over1600 sites. Most of the villages and cities were laid out on an exact north-south grid on sites west of the river, and were built with kiln-fired brick of uniform size. Sites have been found dating from 6,500-7,000 BC Systematic town planning was also brought to light. Its inhabitants followed the same tradition of town planning and public hygiene for which the Harappans are famous. The ancient architectural system of Sthapatya Veda prescribes detailed principles of construction of homes and cities. One of the main principles of Sthapatya Veda is that cities be laid out on an exact north-south grid, with all houses facing due east. Another is that the buildings be oriented to the east with a slope to the east and any body of water on the east. Most of the cities of the Saraswati andIndus valley followed these principles exactly.

Professor Renfrew argues, there is no internal evidence from the ancient Vedic literature that Vedic civilization originated outside India . The verses of the Rig Veda, the most ancient songs of Vedic tradition, detail many aspects of daily life of the people. There is no hint in this vast literature of a migration or of a history that lies in a homeland beyond the mountains of northern India . All evidence from archeology, anthropology, and Vedic literature indicate that Vedic civilization was indigenous to northern India . Geological data now explains the demise of the Indus and Saraswati valley civilizations in terms of climactic change, bringing an end to the outside invasion theory.

There has been no Aryan-Dravidian divide as perpetrated by some historians. Dravidians and Aryans, even a little physically different in appearance, are not different racial people in blood group or other genetics of importance. Rishi Agastya, a South Indian seer, is the reputed author of several hymns of Rig Veda. Adi Sankaracharya is the chief exponent of Advaita philosophy of Vedanta. Dark skinned Sri Krishna is worshipped most by Hindus across whole of India .

Saraswat Brahmins

The Vedic civilization of the legendry river Saraswati flourished in the close vicinity of Kashmir . There is little doubt left now about the historicity of the Saraswat people. Geological evidence has come to surface which establishes beyond doubt that the river Saraswati flowed down from the Himalayas in a north-westernly course, to Rann of Kutch . Archaeological excavation along the course of the ancient river has revealed sterling facts about the civilizational linkages between the Harappan and the Saraswat people. David Frawley, a leading US Indologist has reported, that a Committee of geologists, historians, geographers and other experts appointed by Government of India, under the chairmanship of Dr. V.S.Watankar, conducted a survey of 150 archaeological sites, over a stretch of 3500 kilometers along the course of the river Saraswati. They used latest techniques such as Multi-Spectral Scanner (MSS) and land sat imagery. The Committee concluded that the river Saraswati dried up gradually between 1800 BC and 800 BC due to tectonic movements which caused change in the course of river Satluj. The Committee discredited the theory of Aryan invasion of India and rejected the sociological divide between the pre-Aryan India and the Vedic India of the Aryan origin. It refused to recognize that the Harappan and Mohenjodara cultures represent the pre-Aryan, Indus Valley Civilization. The Committee concluded that the discovery of the dried channel of the river Saraswati, east of river Indus and the location of more than 260 archaeological sites which showed civilizational similarities to Harappan and Mohenjodara cultures provided evidence of the historical continuity of the Sind Valley Civilization and the early Vedic civilization of India .                 

From very ancient Mesolithic implements discovered in the valley of ‘Sohaan’ river (District Rawalpindi), in the Valley of Baanganga   (near Kangra), in Pahalgam (Kashmir), in Peshawar and in Dholbaha (District Hoshiarpur), some historians conclude that Punjab may have been the home of the first humans born on this earth.

Neelmat Era in Kashmir

The Neelmat period, which commenced with the induction of the Calcolithic tools or metals into Kashmir, most probably from the surrounding Sind Valleycivilization, indicates a cultural change, which was not dictated by any race movement. The people living in Kashmir , from the time of the Neolithic age of Burzhom, have been of a single racial stock. The Nagas and Pisachas were also people of the proto-Aryan racial origin.  There is hardly any anthropological evidence to prove that ancient people of Kashmir were racially of a different stock than the people inhabiting the Burzhom settlements.

Evidence is also available of the close contact between the people of the Saraswati civilization and people of Kashmir which flourished along the river Vitasta (Jehlum).

Mahatamayas

The Mahatamayas are an eloquent testimony of basic unity that permeates the religious culture of the Hindus of Kashmir and the Sanskrit culture of the Hindu India. The most interesting aspect of the Mahatamayas is that they represent the quest of the Hindus of Kashmir to recreate a universe of spiritual experience, which is Sanskrit in outlook and composition. TheMahatamaya reveal a continuity of the Harappan, Burzahom and Saraswat cultures. This is an indicator that Nilmat, while keeping the Nagas in view has (mentioned) specific rituals connected with the Gods and Goddesses, who manifested specifically in Bharatvarsha and Aryas. 

Nilmat era of the Hindu history of Kashmir followed the disappearance of the river Saraswati. Nilmat Purana narrates; “sixty five rituals and festivals, were celebrated with great devotion, faith, pomp and show. Some of the rituals and festivals find mention in other Puranas also. Some of these are celebrated even today in Kashmir , like Kaw Poonim and Yaksha Mavas (Kechi Mavas). It is generally thought that the Purana talks of rituals and festivals of Nagas only, and these being adopted by Aryan Saraswat Brahmins of Kashmir, which is not so. Many of the rituals, festivals and days are common with those followed by Aryans in Bharatvarsha or emanating from Vedas.”

 The ritual culture of the people of Kashmir grew from its Burzahom past and is, therefore, formed of several sediments; the basic sediments have their origin in the ritual structure of the Burzahom people and the people ofKashmir who lived through the Neelmat period. The Vedic Grah-Sutras and Kalpa- Sutras were adopted for the Kashmiri Pandits, by Laugaksha Muni, a great sage, sometime in the first millennium B.C. Before the adaptation of Sanskrit scriptures, Kashmiri Pandits had already a highly evolved and intricate ritual structure, which symbolized their proto-Aryan origin. A part of the pre-Laugaksha ritual was integrated into the Laugaksha adaptation. The rest lingered on and survived and in due course of time became a part of the religious culture Kashmir . These rituals are still extant, and preserved and practised by the Kashmiri Pandits even now. A vast number of rituals are practiced by Kashmiri Pundits, in their birth, death and marriage.  There are numerous rituals, traditions and festivals of proto-Vedic origin which the Kashmiri Pandits follow. There are Vedic, Shaivite, Vaishnavite and Shakta religious performances in Kashmir , but Vedic ceremonies play prominent part. In performances of Shradha rites, the Vedic deities receive worship through fire, Shaivite through phallic emblem of cooked rice and Shakta through a lamp. Rituals have a phenomenal identity and theological content. On the marriage or Yajnopavit ceremonies of Kashmiri Pandits, ladies sing Kashmiri songs in Vedic accentuation even now. Kashmiris are singing people, even in exile; they sing the glory of their sacred land. Their songs are full of love, beauty, freshness and with fragrance of our fascinating valley.

The Vedic civilization of Kashmir is represented by the rich geological, historical and literary contestations. These are interwoven and deeply interacted in the deep socio-cultural identity of the people and ancient civilization of Kashmir. 

Source: Naad, April 2012 issue, and Koshur Samachar, March-April 2012 issue 

By Dr. M. K. Teng & C.L.Gadoo

Joint Human Rights Committee for Minorities in Kashmir

The Authors

Dr. M. K. Teng
      

        C. L. Gadoo

The Kashmir Valley is in grip of terrorist trauma engineered by Pakistan. In fact, itis a low cost proxy war declared by Pakistan against India to grab Kashmir. The grimmest fallout of this atrocious Pak operation is the total exodus of the Hindu minority from Kashmir Valley. It has threatened the unity of India and the very survival of Kashmiri Hindu minority. They have been uprooted from Kashmir Valley. The future is bleak and their existence is in danger. The following census figures speak volumes:

At present over 300,000 of them (about 78,000 families) are either residing in temporary relief camps at Jammu, Delhi, Chandigarh or Amritsar or have made their own arrangements in various parts of India. This figure of over 300,000 excludes over 10000 Muslims, who also have been forced by the denial of free expression and circumstances to leave the Valley of Kashmir to seek refuge in India.

PREFACE

We hold no brief for any one violating human rights anywhere. All we submit is that the small and helpless community of Kashmiri Pandits, along with Kashmiris of other communities suffering for their belief in secularism, nationalism and democracy, are the worst victims of human rights violations in Kashmir. They continue to suffer the aftermath of this tragedy, living a miserable life i n townships of tattered tents, and other camps, in Jammu and other parts of the country. But nobody hears their anguished cry while the terrorists, their supporters in the state and Pakistan have succeeded in generating worldwide awareness about the hardship faced by some Muslims in Kashmir for harboring and helping terrorists. Organizations like the Amnesty International and Asia Watch while raising howls about the difficulties of Kashmiri Muslims make no more than passing references to the inhuman brutality with which the Muslim terrorists in the state massacred large numbers of Kashmiri Hindus and indulged in rape, arson and plunder forcing them to flee their homes of hundreds of years. The latest incident is the shooting down of a hundred year old Kashmiri Pandit in Wanpora in the first week of June, 1993. All this is sought to be hidden behind the smoke screen of "human rights violations by the security forces" and basic questions are clouded in a desperate attempt to keep the world in dark about the actual happenings in the name of insurgency against the Center.

It is therefore essential to make a proper assessment of violations of, whose human rights in Jammu and Kashmir. While doing so, facts must be treated as sacred and not twisted for dramatic effect to serve sectarian political ends. Unfortunately, the assessments made by some of the Human Rights organizations are faulted in their very fundamentals because such assessments have been based on avowedly partisan evidence. Most of the evidence has been collected in Pakistan-occupied part of the Jammu and Kashmir State and from other sources close to the terrorists. Some of these "watch dog" groups make little attempt to conceal the fact that they are functioning as apologists for Muslim terrorists operating in the State at the behest of Pakistan.

Nothing else can explain their studied indifference to the plight of more than three lakh Hindus whose "rights", such as they were in a regime which was already Islamic except in name, were trampled under the jack-boots of the Pakistan-aided marauders in collaboration with local Muslim fundamentalist and secessionist elements. The magnitude of misdeeds of the terrorists have been of such proportions that Asia Watch found it difficult to completely conceal them and had grudgingly to concede that they were guilty of excesses in the name of violent opposition. It is a tragedy that even after the Asia Watch report was made public certain people in this country fell prey to the Pakistani and terrorist disinformation and have developed a mind-set totally indifferent to the plight of Kashmiri Hindus who have been reduced to beggary in their own country for their patriotism, tolerance and secular ideals. The flood of publicity mounted by the mentors submerged the sad tale of their suffering, so much so that when the specter of "demographic change" was recently raised, nobody asked: Has demographic change not already been brought about in the state? Has it not been made a totally Muslim Kashmir now with the elimination of the Pandits?

Design To Break Up India

Terrorism is a violation of human rights, whatever its political objectives. Terrorism in Jammu and Kashmir motivated by ideological commitments to a Muslim crusade is a greater violation of human rights. The Universal Declaration of Human Rights, it must not be forgotten, was adopted by the world community precisely to save mankind from the scourge of crusades; the second world war was a war of crusades.

There is an imperative necessity for a bold and unconventional endeavor to identify the content and contours of violence which has ravaged Jammu and Kashmir State and describe the perspectives in which the infringements of human rights deserve to be assessed. Any enquiry and assessment restricted to parameters predetermined by political considerations and social motivations and preconceived notions of the nature of the violence and strife in the state, is bound to be self-defeating. Human judgments which are presumed to be universal, as the Universal Declaration of Human Rights, underline generally accepted norms and standards of human behavior and not such norms and standards which are arbitrarily devised. There is always a danger in shifting parameters and judgments in respect of human rights because shifting parameters and judgments are incompatible with and destructive of the universality of such rights.

It will be a travesty of human history to ignore the crucial factor of terrorist violence in Kashmir which must ultimately determine the context in which the violation of human rights has taken place. The boundaries of state action to contain terrorism must be viewed in the broad context of the United Nations Charter, the International Covenants and the resolutions of the General Assembly and the Security Council on terrorism. An enquiry into human rights violations in Jammu and Kashmir cannot be confined to narrowly local and narrowly dated frames of reference.

The terrorist violence unleashed in Jammu and Kashmir by various terrorist organizations and the state of Pakistan, Is by itself a violation of human rights. The Muslim crusade which seeks to exterminate the religious and ethnic minorities In Jammu and Kashmir and establish the primacy of Islam in the government and the society of the state, contravenes the principle of the due process of law which is the basis of the Universal Declaration of Human Rights. Political terrorism, whatever its Ideology and objectives, is a crime against International Law, a crime against humanity, a crime against the law of war and a crime against the Universal Declaration of Human Rights.

Terrorist violence in Jammu and Kashmir has several dimensions which have a direct bearing on human rights in the state.

In the first place, terrorism in Jammu and Kashmir is a process of political violence which has specified political commitments aimed to separate Jammu and Kashmir state from India and secure its annexation to Pakistan. It is the culmination of the Muslim struggle in pre-partition India for the homeland of Pakistan, which claimed Jammu and Kashmir on account of the Muslim majority character of its population. It is a religious crusade to complete the partition of India which it is claimed is 'incomplete' so long as Jammu and Kashmir is not merged with Pakistan. It must clearly be understood that this terrorist violence is not aimed at effecting any change in the existing political system, economic organization or social relationships. It is neither an expression of political dissent, nor is it apolitical movement aimed to replace the existing sets of political instruments in the state. It has an international content as it is aimed at cutting off a part of the Indian nation and secure its annexation to the state of Pakistan.

The Muslims in Kashmir are the ruling elite of the state. They dominate its entire economic organization and enjoy communal precedence in all social forums. Islam is virtually the official religion of the state. Whereas the Muslims constitute a little more than half the population of the State, they possess three-fourths share In legislative bodies, administrative organizations and all the local Government Institutions. In the Kashmir province, the Hindus have no elected representation In the State Legislature, nor do they have any elected representation in the local bodies. They constitute less than five per cent of the administrative services of the State and have less than one percent share In the higher cadres of the state administration. Muslims monopolize 94 per cent of the state services In Kashmir. The Hindus of Kashmir province have absolutely no share In the decision making clusters of the state Government, which have always been constituted by the Muslims of the Kashmir Province. More than 90 per cent of the admissions to professional, technical and other educational Institutions are reserved for Muslims in one form or the other purely on communal basis. The Hindus, Sikhs and other minorities share a bare 8 per cent of the educational facilities that the State provides.

The Muslims own and control the entire economic and Industrial structure of the Kashmir Province. They own 96 per cent of the agricultural land, orchards and other urban landed estates. They enjoy a monopoly over the entire industrial organization, trade, commerce, financial resources and exports of the province of Kashmir. They have complete monopoly in trading in fruits, carpets, shawls, wood-work, woolens, silk etc. The Hindus in Kashmir have never been allowed to have any share In the tourist industry, the transport organization, concessionary contracts for the construction of the State property, roads and buildings and the licenses for Imports and exports which the state Government has been lavishly distributing among the Muslims.

Evidently, terrorist violence in the State is not local in content or outlook. Its objectives have transnational implications and its aim is the separation of Jammu and Kashmir State from India and, as a consequence, open the way for the disintegration of the Indian Union.

Violation of Human Rights

The political content of the terrorist violence has a direct effect on human rights as it involves militants' strategies which cannot but infringe the principles which form the basis of human rights. These strategies include:

1. Liquidation of the Indian support structures in the state, involving elimination of the people of all communities including Muslims who constitute such support structures;

2. suppression of all political dissent and opposition by fear,

3. oppression and mental torture of people who do not support terrorism;

4. liquidation of civil population which extends help to security forces in their operations against terrorists;

5. communalization of the society aimed to suppress opinion opposed to the secession of the state;

6 . conduct of military operations by the terrorists against the security forces of the state in violation of the laws of war.

The second major dimension of terrorism in Jammu and Kashmir is the terrorists' aim to exterminate Hindu population in the Kashmir valley because Hindus do not accept the secession of the state from India and its annexation to Pakistan nor do they accept to be governed by the authority which derives its sanction from the law and precedent of Islam. The Hindus have always supported accession of the state to India. They have, undeniably, formed the most powerful support base for India in Kashmir. Hindus in the valley rose unitedly against the invasion of the state in 1947, and fought shoulder to shoulder with the Indian soldiers against the infiltrators from Pakistan in 1965. They were always in the forefront of the struggle against secessionism, communalism, fundamentalism and the various movements for annexation of the state to Pakistan.

In the present turmoil the strategies used in the terrorist operations against the Hindus in Kashmir include:

1. The extermination of Hindus;

2. Subjection of Hindus to brutal torture to instill fear among them in order to achieve their submission to the terrorists and their exodus from Kashmir;

3. Flushing out such Hindus who refuse to submit to the terrorist dictates, by force, fear of death, fear of conversion and criminal assault on their women;

4. Destruction of the residential houses of the Hindus Who migrate and the appropriation of their business establishments to ensure that they do not return;

5. Attachment of their landed property;

6. Destruction of the social base of the Hindus by desecration and destruction of their places of worship, shrines and temples;

7. Appropriation of the property of the Hindu shrines and its attachment to the Muslim religious endowments;

8. Declaration of a religious crusade against the Hindus.

Pakistan Factor

The third and the most crucial aspect of terrorism in the State is the participation of Pakistan in the terrorist violence. Pakistan has a history of sponsoring terrorist violence in its neighboring countries including India. It is openly committed to the export of Islamic revolution to non-Muslim states and militarization of pan-Islamic fundamentalism in South Asia. Pakistan has always used Islam as an ideological instrument for its territorial expansion. It has claimed Kashmir in the name of the Muslim nation and the unity of the Muslims Ummah. Pakistan is at present a conventional, organized and international base for the militarization of pan-Islamic fundamentalism and Muslim terrorism in Asia. There is enough proof of the complicity of Pakistan in the terrorist activity in Jammu and Kashmir, which cannot be disregarded.

The induction of terrorism in Jammu and Kashmir by Pakistan is its third attempt to cut off Jammu and Kashmir from India and annex it to its territories. In October 1947, Pakistan sent thousands of armed forces and irregular commandos into the State to annex it. Were it not for the heroic resistance of the state troops led by the Chief of the Army Staff of the State, Brigadier Rajender Singh, who resisted the advance of invading forces till the State acceded to India and the Indian troops joined the battle, the story of the State would have been different. About thirty thousand Hindus and Sikhs were slaughtered by the invading hordes in the territories of the State overrun b them. Hundreds of thousands of them were uprooted and displaced. That story is still untold. In 1965, Pakistan inducted thousands of its trained commandos in the garb of local Muslims into the State to unleash a Muslim rebellion against India. The infiltrators spread all over the valley, penetrated into Srinagar. but due to the lack of support from local Muslim population and prompt military action taken by Government of India, the infiltrators sneaked back to Pakistan after war broke out between the two countries.

The present terrorist violence in Jammu and Kashmir is the third attempt by Pakistan to break up India and annex Jammu and Kashmir. This time the technique of military intervention is different; the flanks of terrorist organizations are recruited from the local Muslim population and after being trained and armed in Pakistan are reinducted into the State, to carry on the Islamic crusade, Jihad, against India. Large numbers of armed commandos consisting of personnel of the army and intelligence services of Pakistan, and the various troop formations raised in the occupied territories of so-called Azad Kashmir have also been inducted into the State to help the terrorist elements.

The consolidation of the pan-Islamic fundamentalism and its militarization in South Asia has been effectively used by Pakistan to export Islamic revolution' to Jammu and Kashmir. Once the Jihad or the Islamic crusade for the liberation of the State triumphs, Jammu and Kashmir will as a part of the fundamental unity of the Muslims, join the Muslim nation of Pakistan. That is the reason why Pakistan projected Jammu and Kashmir Liberation Front in the first phase of terrorism in Kashmir, ostensibly to create an impression that the Muslims have launched an armed struggle in the State to liberate it from India. The truth is that Jammu and Kashmir Liberation Front was sponsored by Pakistan to impart a more militant direction to demand for plebiscite in the State. It received arms and funds from intelligence agencies of Pakistan and always acted under the instructions of the intelligence services of that country. Once the terrorist violence in the state spread, Pakistan inducted the more powerful terrorist flanks into the state, like the Hizbul Mujahidin, the militant outfit of Jamaat-i-Islami, Al Badar, exclusively entrusted with the task of liquidating the Hindus, and the other terrorist organizations like Al Umar, Allah Tigers, Janbaz Force, Hizb Ullah and several other terrorist groups all committed to the accession of the state to Pakistan.

Mass Massacres

The terrorist violence in Kashmir has involved mass massacre of the people of the State, destruction of their property and genocide of Hindus and their exodus from Kashmir. The death and destruction of innocent people, genocide of minorities and conduct of a war of attrition in violation of the laws of war are crimes against humanity and international law, besides being violation of human rights. The terrorist violence in Jammu and Kashmir, on a well designed pattern, has led to several consequences which are inextricably interlinked with the violation of human rights. The pattern in which terrorism has manifested itself in Jammu and Kashmir has several aspects, some of which are characteristically original to the political violence unleashed by the various terrorist organizations and Pakistan in Jammu and Kashmir. These aspects are

(a) mass massacre;

(b) genocide of Hindus and

(c) atrocities committed by terrorists.

It is generally presumed that mass massacre involves a hundred or more political killings. Mass murder is not a precise term. It is arbitrarily defined here as something approaching "a hundred or more political deaths". In Jammu and Kashmir terrorism has involved the liquidation of thousands of people, including the Hindus, the Muslims, the security personnel and the strategic staff of the State government and other administrative bodies. A computation of the data on the terrorist killings from the local newspapers published from Srinagar and other townships in Kashmir reveals that the number of the people, other than Hindus, killed by the terrorists, runs into several thousand.

The main targets of terrorist violence in Kashmir, have been

1. the Hindus;

2. the Muslims opposed to secession, the Muslims accused by terrorists of acting as "agents of India" and "informers" and those alleged to have spied for the security forces of the state;

3. Hindu employees of the State government, the Hindu employees of the government of India posted in the State, Hindu technical staff of Government of India installations of communications, police, radio and television, Hindu technical staff of the industrial corporations and the Hindu personnel of the security organizations of the state as well as the personnel of the Central paramilitary forces deployed in the State.

The Hindus of Kashmir, among them mainly the Kashmiri Pandits, have been killed in large numbers irrespective of their age, profession and political commitments. The killing of Muslims has been specifically selective and except for a few doubtful cases most of the Muslims killed have been those who have been opposed to secession and who did not support Pakistan's claim to Jammu and Kashmir State. More notable of the Muslims who have been assassinated by terrorists include Maulana Masoodi, a veteran freedom fighter and a close associate of Sheikh Mohammad Abdullah; Maulvi Farooq, Mirwaiz of Kashmir; Mir Mustafa, a former member of state Legislature; Pir Hissam-ud-Din Bandey and Abdul Jabbar, former ministers of the State government; Abdul Sattar, Ranjoor, General Secretary of the Communist Party of India in the State; Mohd. Shaban, Editor, Al Safa, an Urdu daily; Prof. Mushir-ul-Haq, Vice-Chancellor of Kashmir University; and Mohd. Din Bandey, the Muslim Gujjar who reportedly gave the first information about the ingress of infiltrators from Pakistan in 1965. Among the many other Muslims killed by the terrorists are former members of the State Legislature, National Conference and Indian National Congress activists, and officers of the State police.

 
The masked terrorists in Kashmir: Pawns in a bigger game.

Terrorism has taken a very heavy toll of the personnel of the security organizations of the State. Barring variations in official account of the security personnel killed and the account given by the local press as well as the figures made public by the terrorists themselves, a fairly large numbers of the personnel of the para-military forces and the Indian army have been killed in the hit and run guerrilla attacks mounted on them by terrorists. The attacks have involved sudden assaults on para-military pickets in civil areas, ambush of army and para-military convoys, mine blasts, rocket and bomb blasts on police stations and other security installations.

Genocide Of Hindus

Genocide is the destruction in whole or in part of a national, ethnic, racial or religious group. The United Nations General Assembly approved a resolution on 11th December, 1946, declaring genocide a crime under International Law. A convention on the Prevention and Punishment of Genocide adopted by the General Assembly came into effect on 12th January, 1951. The Convention proclaims genocide as a crime against International Law. The Convention lists destruction of an ethnic, racial or religious group as genocide. Specifically, genocide includes:

1. Killing members of a community or a group because of their affiliations;

2. Causing bodily or mental harm to the members of a community or a group;

3. Deliberately inflicting conditions on the community or the group to bring about its physical destruction;

4. Imposing measures to prevent births in the community or the group;

5. Forcibly transferring children from one group to another.

The terrorist organizations in the State and those operating from Pakistan have unleashed an organized campaign to exterminate the Hindus in Kashmir. Besides the obligation to prosecute a religious war against them, terrorists have sought to achieve several tactical advantages in eliminating Hindus. Hindus used to form a vital and powerful base for India in Kashmir. They have fought the secessionist movements in the State with their bare teeth. They alone have resisted the onslaught of the pan-Islamic fundamentalism as well as the Islamization of the Government and the society in the State. They have always been instrumental in keeping the feedback channels of Government of India open and maintaining a regular and uninterrupted flow of information to its agencies.

 
Terrorist leader with bodyguards.

The mass attack on the Hindus began in January, 1990, and by the onset of August, 1990 more than eight hundred of them had been murdered in cold blood. Most of the victims were innocent people who lived in poverty and persecution under the Muslim dominated constitutional organization of the State. Among those killed, were people from all sections of the society, lawyers, political activists, mediamen, intellectuals, shopkeepers, errand boys and men of small means.

The terrorists killings have been accompanied by torture unheard of in the annals of human history, which tantamount to grave crimes against all law and against humanity. In sheer disregard of the norms of political behavior, generally recognized by civilized nations and now embodied in several international Covenants, the charter of Human Rights Declaration and resolutions of the United Nations General Assembly, the terrorists have inflicted grievous hurt, injury and death / torture on hundreds of Hindus and other dissenters. Torture deaths have been brought about by inhuman practices described below:

1. Strangulation by using steel wires; 
2. Hanging; 
3. Impaling; 
4. Branding with red hot irons, 
5. Burning alive; 
6. Lynching; 
7. Draining of blood in contrived terrorist underground hospitals; 
8. Gouging of eyes before assassination; 
9. Slicing; 
10. Dismemberment of body; 
11. Breaking of limbs; 
12. Drowning alive; 
13. Dragging to death; 
14. Slaughter.

Brij Nath Shah was kidnapped on 27th April, 1990 from his home at Sadhu Ganga, Kupwara in Kashmir. Two days later his body was found hanging by a tree. His lips had been stitched.

Sham Lal of Chiragam in Anantnag, Kashmir was kidnapped in May 1990. The hands and the feet of the unfortunate man were chopped off and his skull battered. Sham Lal's dead body was stuffed in a sack and left on the threshold of his house, wherefrom it was recovered by his brother.

 
Innocent victims of Pakistan's Terrorism.

Pran Nath of Uttarsu in Anantnag District was kidnapped on 27th May, 1990. His body was found impaled; his chest and feet nailed.

Three officials of the Life Insurance Corporation of India were kidnapped in Srinagar. They were subjected to torture and then confined in an abandoned Kashmiri Hindu migrant house. The house was set ablaze. Two of the officials were burnt alive while the third official escaped with more than 50 percent burns.

One Bhushan Lal of Ompura in Badgam, Kashmir was kidnapped on 27th April 1990. He was tortured and then strangulated to death. His body was found the next day.

Girja, a school teacher at Bandipora, was kidnapped from the house of a Muslim colleague. The unfortunate woman, after being gangraped, was sliced on a mechanical saw.

Scores of the bodies of Hindus were recovered from River Jhelum. Most of them were drowned.

Brij Nath Koul of Hermani of Shopian, an employee of the Agricultural Department and his wife were tied to a speeding vehicle. Their mangled bodies were recovered ten kilometers away from their home.

The dead bodies of several Kashmiri Hindus were salvaged from various places in Kashmir. Their heads had been severed off.

Several dead bodies of Kashmiri Hindus were recovered, which had been branded by hot irons before death. Several bodies were found with eyes gouged out.

The most dastardly and inhuman acts of terrorism were those committed in the hospitals where the Hindus brought in for treatment were either allowed to die for want of treatment or brutally murdered by the doctors and others who collaborated with the terrorists. A number of cases have been reported where injured Hindus were allowed to bleed to death.

Scores of cases have been reported where kidnapped Hindus were drained of their blood and their lives were terminated.

Among the dead in Kashmir, the state Government is yet to disclose the identity of about four hundred dead bodies, recovered by the police and disposed of at its will. The State government is keen to cover the anti-Hindu character of the terrorist violence and has tried to play down the massacre of Hindus. But the fact remains that most of those killed and still unidentified are Hindus. A survey of the migrant population reveals that there are several hundred Kashmiri Pandits, who are missing and are presumed dead.

The worst sacrilege to which the Hindus have been subjected, and the process continues still, is that the kith and kin of the Hindus killed in Kashmir, were not allowed to carry the dead bodies to Jammu for cremation according to Hindu rites. Evidently, the cremation of Hindus in Kashmir could not be carried out according to Hindu rites because the terrorists forbade Hindus to accompany the dead to perform their last rites. The Hindus' dead bodies were actually disposed of by the State police on their own and in total disregard to the injury and hurt the cremation of the dead bodies by the state police, caused to the religious feelings of the bereaved Hindu families.

Exodus in Panic

The rising terror which consumed hundreds of innocent Hindus, the deliberate indifference of the state apparatus infested by pro-Pakistan agents and infiltrators and the failure of Government of India to take effective and firm measures against the terrorists as well as their harbourers, particularly in the ranks of the administrative organization of the state, compelled the Hindus to flee for their lives to Jammu and beyond. By July- September, 1990 more than two lakhs of Hindus had evacuated from their homes leaving their property, land, trade and business behind them. After the exodus, all the Hindu property has been looted and thousands of Hindu houses burnt down. Several Hindu shrines have also been burnt down or destroyed by explosives.

 
The refugee camps for Kashmiri Pandits at Jammu.

Terrorism is a negation of life, and violation of the norms of human behavior recognized by all civilized people of the world. All value-based violence, which contravenes generally accepted norms of social order, human behavior and right to life and equality of all men, is retrogressive. Judgments which are based upon preferences which violate life, equality of all men and freedom, do not have any revolutionary content. The political violence motivated by ideological commitments whatever their value- content is necessarily retrogressive. There is no freedom which impinges upon freedom, no equality which upholds inequality. There is no life which portends death. Political terrorism even if it is for a religious crusade is as heinous a crime as any other crime against humanity. All political terrorism is organized crime.

Terrorist violence cannot be justified on the ground of its political and ideological motivations or value-basis. International conventions and treaties, even those pertaining to human rights, do not recognize terrorist violence as legitimate political action, arising out of any ideological or political commitments or any value basis. Commitment to separation of Jammu and Kashmir from India to further the cause of Islam and in the name of Muslim unity and brotherhood, to ensure the Muslims in the state the right to decide the future disposition of the state as envisaged by the United Nations Resolutions; commitments to "complete the partition of India" by the accession of the state to Pakistan or commitments to liberate the Muslim majority state of Jammu and Kashmir from India or commitment to establish a Muslim State of Jammu and Kashmir based upon religious precept and precedence cannot legitimize and validate terrorism in Kashmir.

International Law and Terrorism

There is a growing corpus of Municipal as well as International Law and precedent to deal with politically motivated terrorism. The civil jurisprudence and International law generally identify political terrorism as a crime, more serious than traditional civil and international crime. Murder of innocent people, torture deaths, kidnappings, abduction and rape of women are heinous crimes which do not come within the traditional definitions of crime. Many countries have extended their penal codes to most terrorist offenses. Legislation has also been undertaken to provide for special police powers and special judicial procedures to deal with terrorist crime. New special anti-terrorist organizations have been created within police departments and other international security organizations. In many states military participation in police functions has increased. Special military units for possible use in anti-terrorist operations have been created in a number of countries. All these measures have been necessary to combat terrorism and safeguard the lives of law-abiding citizens and innocent people and save states from being broken up by sponsored terrorism. Nations with long democratic traditions including the United States of America, one of the foremost super-states supporting human rights, have always demanded the adoption of severely stringent measures against political terrorism.

It is relevant to note that the United State of America proposed a set of highly stringent rules to deal with terrorism in the draft of an International Convention submitted by the United States Government to the ad-hoc committee of the United Nations on International Terrorism in 1973. Understandably, most of the Muslim States disapproved of the draft convention.

United Nations On Terrorism

The United Nations lists killings, kidnappings, torture and abduction as a crime. According to resolutions of the General Assembly of the United Nations on measures to prevent terrorism, the Nations General Assembly:

1. Unequivocally condemns as criminal all acts, methods and practices of terrorism wherever and by whoever committed including those who jeopardize the friendly relations between states.

2. Deeply deplores the loss of innocent human lives which results from such acts of terrorism.

3. Further deplores the pernicious impact of acts of international terrorism on relations and cooperation among states including cooperation for development.

4. Appeals to all states that have not yet done so to consider becoming party to the existing international conventions relating to various aspects of international terrorism.

5. Invites all states to take all appropriate measures at the national level with a view to the speedy and final elimination of the problem of international terrorism such as the harmonization of domestic legislation with existing international conventions, the fulfillment of assumed international obligations, and the prevention of the preparation and organization in their respective territories of acts directed against the states.

6. Calls upon all states to fulfill their obligations under International Law to refrain from organizing, instigating, assisting or participating in terrorist acts in other states, or acquiescing in activities within their territory directed towards the commission of such acts.

7. Urges all states not to allow in any circumstances to obstruct the application of appropriate law enforcement measures, provided for in the relevant conventions to which they are party, to persons who commit acts of international terrorism covered by those conventions.

8. Further urges all states to cooperate with one another more closely, especially through the exchange of relevant information concerning the prevention and combating of terrorism, apprehension and prosecution or extradition of the perpetrators of such acts, or the incorporation into appropriate bilateral treaties of special clauses, in particular regarding the extradition or prosecution of terrorists.

The security Council adopted a resolution on 18th December, 1985 urging upon all the States to undertake appropriate measures to bring to an end hostage taking, abduction and other forms of terrorism. In the operative part of the Resolution, the Security Council

1. condemned unequivocally all acts of hostage-taking and abduction;

2. called for the immediate safe release of all hostages and abducted persons wherever and by whoever they are being held;

3. affirmed the obligation of all States in whose territory hostages or abducted persons are held, urgently to take all appropriate measures to secure their safe release and to prevent the commission of acts of hostage-taking and abduction in future;

4. urged the further development of international cooperation among States in devising and adopting effective measures which are in accordance with the rules of international law to facilitate the prevention, prosecution and punishment of all acts of hostage-taking and abducting as manifestation of international terrorism.

A number of other resolutions and conventions of the United Nations General Assembly and the Security Council, the Adhoc Committee on International Terrorism, various reports of the Secretary General of the United Nations and the Covenants of various inter-state organizations on political and international terrorism, have urged the members of the international community to undertake stringent and effective legal and administrative measures to combat terrorism. The recommendations envisage the institution of fresh political instruments and modified penal procedures to check terrorism. The Council of Europe produced a Convention on terrorism in 1977, which stipulated that amnesty available to political offenses should not apply to terrorist violence associated with all forms of terrorist acts, assassinations, bomb outrages, rocket attacks and killings by other explosive devices, kidnapping, taking of hostages, hijacking and such other offenses.

Human Rights

In the Charter of the United Nations, the peoples constituting the United Nations, express their determination to reaffirm faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and nations large and small. In 1948, the General Assembly of the United Nations adopted the Universal Declaration of Human Rights as a common standard of achievement for all people and all nations. In 1966, it adopted the United Nations Covenant of Human Rights.

The Universal Declaration of Human Rights stipulates, in several sets of its articles, the inalienable rights of all members of human family. These inalienable rights are grouped around six main principles- Equality of man; Freedom of thought; expression and faith; Due process of law; Freedom of peaceful assembly and association; Representative basis of state power, and Right to a share in the social and economic organization of the state.

The equality of man is fundamental to the Declaration of Human Rights. The Declaration affirms that human rights are universal and applicable without any discrimination. If all human beings, professing different faiths, are born free with equal dignity and rights, no religious, social or political injunction can impose a reservation on the equality of man and discrimination against any people of the world. The equality of man transcends all religious precepts and precedent, social sanction, all ideological commitments and political limitations.

All human beings, the Declaration proclaims, are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. All people are entitled to all rights and freedoms envisaged by the Declaration, without any distinction of any kind, such as race, color, sex, language, religion, political or other status. Every human being has right to life, liberty and security of person. No one shall be subjected to torture or cruel inhuman or degrading treatment or punishment. All people are equal before law and are entitled without any discrimination to equal protection of law.

Due Process Of Law

Due process of law is the basis of the Declaration of Human Rights. Due process embodies seven principles which are basic to all rights. These principles are redressal against the state, no less against the private citizen; freedom from arbitrary arrest; fair trial; presumption of innocence till proved guilty; protection against ex-post facto penalty; respect for privacy and freedom of movement.

The Declaration of Human Rights envisages the freedom of thought, freedom of conscience and religion, freedom of opinion and expression, freedom of peaceful assembly and association. The Universal Declaration of Human Rights proclaims that the will of the people shall be the basis of the authority of the Government which shall be expressed in periodic elections conducted on the basis of universal adult franchise.

The Declaration of Human Rights embraces freedom from want no less than freedom from fear, and envisages for all people right to social security, the right to work, right to free choice of employment, right to just and favorable conditions of work, right to rest and leisure, right to adequate standard of living and right to education.

The Universal Declaration of Human Rights and the United Nations Covenants adopted by the General Assembly in December, 1966, underline themes which involve universal recognition of human rights and not mere juridical protection. The rights envisaged by the Declaration as well as the Covenants are universal in content and therefore, the obligation of their protection is not limited to the authority of the State, but extends to all social and political instruments as well as international organizations. The Declaration and Covenants signify the recognition of a juridical political organization of the world community in which the equality and dignity of man is acknowledged and as a consequence, it is accepted that man has a fundamental right to free movement in search of truth and the attainment of moral good and justice besides the right to a dignified life.

The Universal Declaration of Human Rights is not a partial guarantee and it does not envisage protection for a specific community or a section of the people of the world. The safeguards for human rights are universal and are available to all people of the world irrespective of their nationality, the regime by which they are governed and the religion and the race to which they belong. The Universal Declaration of Human Rights does not envisage protection of the rights of any single community in the world and insulate it against the infringement of the human rights. It does not provide protection only to the Muslims in Jammu and Kashmir against violation of their rights; it extends protection to all the communities in the state, more so, the Hindus and other minorities, who are more exposed to religious, political and economic dominance of the Muslim majority of the State. Genocide, forced mass exodus of minorities from their homes, and torture are grave violation of human rights. The Universal Declaration of Human Rights protects the Muslims in Jammu and Kashmir against the infringement of their rights, but it also envisages protection for Hindus and other ethnic and religious minorities in the State against extermination, religious persecution and slavery because they refuse to submit to precedents of a Muslim State. The Declaration is a guarantee against all ideological aggrandizement including precedence claimed by the Muslims in a Muslim State.

The Muslim terrorist crusade in Jammu and Kashmir is aimed to:

a) merge the state into the Muslim nation of Pakistan on the basis of its Muslim majority;

b) convert it into a Muslim State governed in accordance with the religious precepts of Islam; and

c) restrict human rights of all ethnic and religious minorities within the injunction of the Muslim State.

The crusade is a negation of human rights. All religious crusades which seek to establish religious precedence including the Muslim Jihad and the militarization of the pan-Islamic fundamentalism violate the Declaration of Human Rights. The rights envisaged by Declaration of Human Rights are irreconcilable to all political regimes which are based upon religious precept and precedent. Fundamental Rights, including human rights, conflict with restricted citizenship and all forms of religious protectorate.

The Declaration of Human Rights does not underline the guarantees against civil jurisdiction alone. The human rights are fundamental rights; they are also civil rights. The protection envisaged by human rights imposes a limitation on the arbitrary exercise of state power; it also imposes a limitation on the exercise of authority by all regimes including instruments of social control, private citizens, foreign states and international organizations. The terrorist organizations in the State, the Muslim crusade for a second partition of India and the state of Pakistan cannot escape the liability for the violation of human rights in the Jammu and Kashmir State.

The responsibility of violation of human rights in the Jammu and Kashmir state rests upon -

1. All the terrorist organizations in the State;

2. The Muslim organizations and the para-military outfits which aid and support terrorism;

3. The political regime in the part of Jammu and Kashmir occupied by Pakistan; and

4. The State of Pakistan.

Political terrorism is condemned by the United Nations as a crime against the rights of man. Terrorist killings, kidnapping, torture, hostage-taking, abduction are listed as grave crimes against humanity. The General Assembly denounces all acts of terrorism which endanger or take innocent lives, jeopardize fundamental freedoms and impair the dignity of human beings.

Failure of the Indian State

The Jammu and Kashmir Government and Government of India have failed to take adequate and necessary measures to suppress terrorism in the state. In spite of increasing terrorist violence during the fall of 1989, the State Government stubbornly refused to take any action against the growing terrorist menace. During 1989 sixteen hundred violent incidents including 351 bomb blasts took place in Kashmir province. During the first eighteen days of January 1990, 319 violent incidents, 21 armed attacks, 114 bomb blasts and 112 acts of arson and 12 outbreaks of mob violence took place in the state. The Government reaction to the terrorist violence is reflected by the fact that when Shabir Ahmed Shah a militant leader was arrested in September 1989, the Deputy Commissioner refused to sign the warrant of detention; later on the Deputy Commissioner of District Anantnag to which Shah belonged also refused to sign the warrant. The treachery against the Human Rights did not end there. The Advocate General did not appear before the Court to represent the case, shifting his responsibility to the Additional Advocate General and the Government Counsel. They too refused to appear before the Court.

The terrorist violence spread death, and hundreds of innocent Hindus were mowed down by the terrorist bullets but none of the high officials of the state Government was brought to book for having abetted the terrorist assault on human rights.

State's Inaction

The State Government and the Government of India have an obligation under the Universal Declaration of Human Rights, the various international Covenants and the United Nations Resolutions, to deal firmly with terrorist violence. Neither the State Government which is vested with the powers to maintain law and order in the state in the Indian federal division of powers, nor the Union Government which assumed all powers of the administration to itself in consequence of promulgation of President's rule in the State, adopted any of the measures mentioned above to deal firmly with the terrorist violence. Terrorist crime is still dealt with as an ordinary crime. Trial procedures have not been changed to meet the threat of crimes committed by the terrorist; no special anti-terrorist organizations have been instituted within the police department or within the security structures of the State.

TADA is a farce. None of the existing penal laws and procedures have been amended to cover crimes committed outside the State and reach the training nests in Pakistan. No special organization has been established at the national level to coordinate national efforts against terrorists. Both the State Government and the Union Government have not opted for military participation in police functions nor have any special military units for possible use in dealing with the terrorists been constituted. No special powers except those provided to deal with the extraordinary situation of terrorist violence, have been vested with the security forces and no security organization has been empowered to take any pre-emptive action against terrorist violence, so much so that the police force is empowered to fire only when they are attacked, leaving the initiative of surprise with the terrorists. All this is being done in spite of the internationally recognized obligation to change the existing penal law and procedures to meet the terrorist threat

Thousands of innocent lives could have been saved, if the State and Union Government had taken adequate measures which the world community, the civilized nations have adopted to deal with the political terrorism.

The local newspapers are a testimony to the death and destruction of Hindus and other innocent civilians who have been victimized by the various terrorist flanks and who could be saved if powers were given to the security forces to take pre-emptive action. Thousands of innocent lives have been taken by the terrorists and thousands of Hindus have been uprooted from their homes. They are languishing in refugee camps in Jammu and other parts of India. Their right to life, their homes and their freedom is as sacrosanct as any other human right listed in the Universal Declaration of Human Rights.

APPEAL

We appeal to all Human Rights Organizations.

We appeal to the conscience of the world to prevail upon India to:

a) put an end to political terrorism in Jammu and Kashmir so that the extermination and death of Hindu minorities and other innocent people is stopped immediately and hundreds of thousands of Hindus refugees are able to return to their homes in Kashmir, and

b) indict pan-Islamic fundamentalist organizations and terrorists organizations in Jammu and Kashmir which are responsible for terrorist violence in Kashmir, and the State of Pakistan which has sponsored these organizations by providing training, arms and funds to the terrorists in Kashmir, for crimes against humanity and International Law and crimes against Human Rights.

The Kashmir Valley is in grip of terrorist trauma engineered by Pakistan. In fact, itis a low cost proxy war declared by Pakistan against India to grab Kashmir. The grimmest fallout of this atrocious Pak operation is the total exodus of the Hindu minority from Kashmir Valley. It has threatened the unity of India and the very survival of Kashmiri Hindu minority. They have been uprooted from Kashmir Valley. The future is bleak and their existence is in danger. The following census figures speak volumes:

At present over 300,000 of them (about 78,000 families) are either residing in temporary relief camps at Jammu, Delhi, Chandigarh or Amritsar or have made their own arrangements in various parts of India. This figure of over 300,000 excludes over 10000 Muslims, who also have been forced by the denial of free expression and circumstances to leave the Valley of Kashmir to seek refuge in India.

PREFACE

We hold no brief for any one violating human rights anywhere. All we submit is that the small and helpless community of Kashmiri Pandits, along with Kashmiris of other communities suffering for their belief in secularism, nationalism and democracy, are the worst victims of human rights violations in Kashmir. They continue to suffer the aftermath of this tragedy, living a miserable life i n townships of tattered tents, and other camps, in Jammu and other parts of the country. But nobody hears their anguished cry while the terrorists, their supporters in the state and Pakistan have succeeded in generating worldwide awareness about the hardship faced by some Muslims in Kashmir for harboring and helping terrorists. Organizations like the Amnesty International and Asia Watch while raising howls about the difficulties of Kashmiri Muslims make no more than passing references to the inhuman brutality with which the Muslim terrorists in the state massacred large numbers of Kashmiri Hindus and indulged in rape, arson and plunder forcing them to flee their homes of hundreds of years. The latest incident is the shooting down of a hundred year old Kashmiri Pandit in Wanpora in the first week of June, 1993. All this is sought to be hidden behind the smoke screen of "human rights violations by the security forces" and basic questions are clouded in a desperate attempt to keep the world in dark about the actual happenings in the name of insurgency against the Center.

It is therefore essential to make a proper assessment of violations of, whose human rights in Jammu and Kashmir. While doing so, facts must be treated as sacred and not twisted for dramatic effect to serve sectarian political ends. Unfortunately, the assessments made by some of the Human Rights organizations are faulted in their very fundamentals because such assessments have been based on avowedly partisan evidence. Most of the evidence has been collected in Pakistan-occupied part of the Jammu and Kashmir State and from other sources close to the terrorists. Some of these "watch dog" groups make little attempt to conceal the fact that they are functioning as apologists for Muslim terrorists operating in the State at the behest of Pakistan.

Nothing else can explain their studied indifference to the plight of more than three lakh Hindus whose "rights", such as they were in a regime which was already Islamic except in name, were trampled under the jack-boots of the Pakistan-aided marauders in collaboration with local Muslim fundamentalist and secessionist elements. The magnitude of misdeeds of the terrorists have been of such proportions that Asia Watch found it difficult to completely conceal them and had grudgingly to concede that they were guilty of excesses in the name of violent opposition. It is a tragedy that even after the Asia Watch report was made public certain people in this country fell prey to the Pakistani and terrorist disinformation and have developed a mind-set totally indifferent to the plight of Kashmiri Hindus who have been reduced to beggary in their own country for their patriotism, tolerance and secular ideals. The flood of publicity mounted by the mentors submerged the sad tale of their suffering, so much so that when the specter of "demographic change" was recently raised, nobody asked: Has demographic change not already been brought about in the state? Has it not been made a totally Muslim Kashmir now with the elimination of the Pandits?

Design To Break Up India

Terrorism is a violation of human rights, whatever its political objectives. Terrorism in Jammu and Kashmir motivated by ideological commitments to a Muslim crusade is a greater violation of human rights. The Universal Declaration of Human Rights, it must not be forgotten, was adopted by the world community precisely to save mankind from the scourge of crusades; the second world war was a war of crusades.

There is an imperative necessity for a bold and unconventional endeavor to identify the content and contours of violence which has ravaged Jammu and Kashmir State and describe the perspectives in which the infringements of human rights deserve to be assessed. Any enquiry and assessment restricted to parameters predetermined by political considerations and social motivations and preconceived notions of the nature of the violence and strife in the state, is bound to be self-defeating. Human judgments which are presumed to be universal, as the Universal Declaration of Human Rights, underline generally accepted norms and standards of human behavior and not such norms and standards which are arbitrarily devised. There is always a danger in shifting parameters and judgments in respect of human rights because shifting parameters and judgments are incompatible with and destructive of the universality of such rights.

It will be a travesty of human history to ignore the crucial factor of terrorist violence in Kashmir which must ultimately determine the context in which the violation of human rights has taken place. The boundaries of state action to contain terrorism must be viewed in the broad context of the United Nations Charter, the International Covenants and the resolutions of the General Assembly and the Security Council on terrorism. An enquiry into human rights violations in Jammu and Kashmir cannot be confined to narrowly local and narrowly dated frames of reference.

The terrorist violence unleashed in Jammu and Kashmir by various terrorist organizations and the state of Pakistan, Is by itself a violation of human rights. The Muslim crusade which seeks to exterminate the religious and ethnic minorities In Jammu and Kashmir and establish the primacy of Islam in the government and the society of the state, contravenes the principle of the due process of law which is the basis of the Universal Declaration of Human Rights. Political terrorism, whatever its Ideology and objectives, is a crime against International Law, a crime against humanity, a crime against the law of war and a crime against the Universal Declaration of Human Rights.

Terrorist violence in Jammu and Kashmir has several dimensions which have a direct bearing on human rights in the state.

In the first place, terrorism in Jammu and Kashmir is a process of political violence which has specified political commitments aimed to separate Jammu and Kashmir state from India and secure its annexation to Pakistan. It is the culmination of the Muslim struggle in pre-partition India for the homeland of Pakistan, which claimed Jammu and Kashmir on account of the Muslim majority character of its population. It is a religious crusade to complete the partition of India which it is claimed is 'incomplete' so long as Jammu and Kashmir is not merged with Pakistan. It must clearly be understood that this terrorist violence is not aimed at effecting any change in the existing political system, economic organization or social relationships. It is neither an expression of political dissent, nor is it apolitical movement aimed to replace the existing sets of political instruments in the state. It has an international content as it is aimed at cutting off a part of the Indian nation and secure its annexation to the state of Pakistan.

The Muslims in Kashmir are the ruling elite of the state. They dominate its entire economic organization and enjoy communal precedence in all social forums. Islam is virtually the official religion of the state. Whereas the Muslims constitute a little more than half the population of the State, they possess three-fourths share In legislative bodies, administrative organizations and all the local Government Institutions. In the Kashmir province, the Hindus have no elected representation In the State Legislature, nor do they have any elected representation in the local bodies. They constitute less than five per cent of the administrative services of the State and have less than one percent share In the higher cadres of the state administration. Muslims monopolize 94 per cent of the state services In Kashmir. The Hindus of Kashmir province have absolutely no share In the decision making clusters of the state Government, which have always been constituted by the Muslims of the Kashmir Province. More than 90 per cent of the admissions to professional, technical and other educational Institutions are reserved for Muslims in one form or the other purely on communal basis. The Hindus, Sikhs and other minorities share a bare 8 per cent of the educational facilities that the State provides.

The Muslims own and control the entire economic and Industrial structure of the Kashmir Province. They own 96 per cent of the agricultural land, orchards and other urban landed estates. They enjoy a monopoly over the entire industrial organization, trade, commerce, financial resources and exports of the province of Kashmir. They have complete monopoly in trading in fruits, carpets, shawls, wood-work, woolens, silk etc. The Hindus in Kashmir have never been allowed to have any share In the tourist industry, the transport organization, concessionary contracts for the construction of the State property, roads and buildings and the licenses for Imports and exports which the state Government has been lavishly distributing among the Muslims.

Evidently, terrorist violence in the State is not local in content or outlook. Its objectives have transnational implications and its aim is the separation of Jammu and Kashmir State from India and, as a consequence, open the way for the disintegration of the Indian Union.

Violation of Human Rights

The political content of the terrorist violence has a direct effect on human rights as it involves militants' strategies which cannot but infringe the principles which form the basis of human rights. These strategies include:

1. Liquidation of the Indian support structures in the state, involving elimination of the people of all communities including Muslims who constitute such support structures;

2. suppression of all political dissent and opposition by fear,

3. oppression and mental torture of people who do not support terrorism;

4. liquidation of civil population which extends help to security forces in their operations against terrorists;

5. communalization of the society aimed to suppress opinion opposed to the secession of the state;

6 . conduct of military operations by the terrorists against the security forces of the state in violation of the laws of war.

The second major dimension of terrorism in Jammu and Kashmir is the terrorists' aim to exterminate Hindu population in the Kashmir valley because Hindus do not accept the secession of the state from India and its annexation to Pakistan nor do they accept to be governed by the authority which derives its sanction from the law and precedent of Islam. The Hindus have always supported accession of the state to India. They have, undeniably, formed the most powerful support base for India in Kashmir. Hindus in the valley rose unitedly against the invasion of the state in 1947, and fought shoulder to shoulder with the Indian soldiers against the infiltrators from Pakistan in 1965. They were always in the forefront of the struggle against secessionism, communalism, fundamentalism and the various movements for annexation of the state to Pakistan.

In the present turmoil the strategies used in the terrorist operations against the Hindus in Kashmir include:

1. The extermination of Hindus;

2. Subjection of Hindus to brutal torture to instill fear among them in order to achieve their submission to the terrorists and their exodus from Kashmir;

3. Flushing out such Hindus who refuse to submit to the terrorist dictates, by force, fear of death, fear of conversion and criminal assault on their women;

4. Destruction of the residential houses of the Hindus Who migrate and the appropriation of their business establishments to ensure that they do not return;

5. Attachment of their landed property;

6. Destruction of the social base of the Hindus by desecration and destruction of their places of worship, shrines and temples;

7. Appropriation of the property of the Hindu shrines and its attachment to the Muslim religious endowments;

8. Declaration of a religious crusade against the Hindus.

Pakistan Factor

The third and the most crucial aspect of terrorism in the State is the participation of Pakistan in the terrorist violence. Pakistan has a history of sponsoring terrorist violence in its neighboring countries including India. It is openly committed to the export of Islamic revolution to non-Muslim states and militarization of pan-Islamic fundamentalism in South Asia. Pakistan has always used Islam as an ideological instrument for its territorial expansion. It has claimed Kashmir in the name of the Muslim nation and the unity of the Muslims Ummah. Pakistan is at present a conventional, organized and international base for the militarization of pan-Islamic fundamentalism and Muslim terrorism in Asia. There is enough proof of the complicity of Pakistan in the terrorist activity in Jammu and Kashmir, which cannot be disregarded.

The induction of terrorism in Jammu and Kashmir by Pakistan is its third attempt to cut off Jammu and Kashmir from India and annex it to its territories. In October 1947, Pakistan sent thousands of armed forces and irregular commandos into the State to annex it. Were it not for the heroic resistance of the state troops led by the Chief of the Army Staff of the State, Brigadier Rajender Singh, who resisted the advance of invading forces till the State acceded to India and the Indian troops joined the battle, the story of the State would have been different. About thirty thousand Hindus and Sikhs were slaughtered by the invading hordes in the territories of the State overrun b them. Hundreds of thousands of them were uprooted and displaced. That story is still untold. In 1965, Pakistan inducted thousands of its trained commandos in the garb of local Muslims into the State to unleash a Muslim rebellion against India. The infiltrators spread all over the valley, penetrated into Srinagar. but due to the lack of support from local Muslim population and prompt military action taken by Government of India, the infiltrators sneaked back to Pakistan after war broke out between the two countries.

The present terrorist violence in Jammu and Kashmir is the third attempt by Pakistan to break up India and annex Jammu and Kashmir. This time the technique of military intervention is different; the flanks of terrorist organizations are recruited from the local Muslim population and after being trained and armed in Pakistan are reinducted into the State, to carry on the Islamic crusade, Jihad, against India. Large numbers of armed commandos consisting of personnel of the army and intelligence services of Pakistan, and the various troop formations raised in the occupied territories of so-called Azad Kashmir have also been inducted into the State to help the terrorist elements.

The consolidation of the pan-Islamic fundamentalism and its militarization in South Asia has been effectively used by Pakistan to export Islamic revolution' to Jammu and Kashmir. Once the Jihad or the Islamic crusade for the liberation of the State triumphs, Jammu and Kashmir will as a part of the fundamental unity of the Muslims, join the Muslim nation of Pakistan. That is the reason why Pakistan projected Jammu and Kashmir Liberation Front in the first phase of terrorism in Kashmir, ostensibly to create an impression that the Muslims have launched an armed struggle in the State to liberate it from India. The truth is that Jammu and Kashmir Liberation Front was sponsored by Pakistan to impart a more militant direction to demand for plebiscite in the State. It received arms and funds from intelligence agencies of Pakistan and always acted under the instructions of the intelligence services of that country. Once the terrorist violence in the state spread, Pakistan inducted the more powerful terrorist flanks into the state, like the Hizbul Mujahidin, the militant outfit of Jamaat-i-Islami, Al Badar, exclusively entrusted with the task of liquidating the Hindus, and the other terrorist organizations like Al Umar, Allah Tigers, Janbaz Force, Hizb Ullah and several other terrorist groups all committed to the accession of the state to Pakistan.

Mass Massacres

The terrorist violence in Kashmir has involved mass massacre of the people of the State, destruction of their property and genocide of Hindus and their exodus from Kashmir. The death and destruction of innocent people, genocide of minorities and conduct of a war of attrition in violation of the laws of war are crimes against humanity and international law, besides being violation of human rights. The terrorist violence in Jammu and Kashmir, on a well designed pattern, has led to several consequences which are inextricably interlinked with the violation of human rights. The pattern in which terrorism has manifested itself in Jammu and Kashmir has several aspects, some of which are characteristically original to the political violence unleashed by the various terrorist organizations and Pakistan in Jammu and Kashmir. These aspects are

(a) mass massacre;

(b) genocide of Hindus and

(c) atrocities committed by terrorists.

It is generally presumed that mass massacre involves a hundred or more political killings. Mass murder is not a precise term. It is arbitrarily defined here as something approaching "a hundred or more political deaths". In Jammu and Kashmir terrorism has involved the liquidation of thousands of people, including the Hindus, the Muslims, the security personnel and the strategic staff of the State government and other administrative bodies. A computation of the data on the terrorist killings from the local newspapers published from Srinagar and other townships in Kashmir reveals that the number of the people, other than Hindus, killed by the terrorists, runs into several thousand.

The main targets of terrorist violence in Kashmir, have been

1. the Hindus;

2. the Muslims opposed to secession, the Muslims accused by terrorists of acting as "agents of India" and "informers" and those alleged to have spied for the security forces of the state;

3. Hindu employees of the State government, the Hindu employees of the government of India posted in the State, Hindu technical staff of Government of India installations of communications, police, radio and television, Hindu technical staff of the industrial corporations and the Hindu personnel of the security organizations of the state as well as the personnel of the Central paramilitary forces deployed in the State.

The Hindus of Kashmir, among them mainly the Kashmiri Pandits, have been killed in large numbers irrespective of their age, profession and political commitments. The killing of Muslims has been specifically selective and except for a few doubtful cases most of the Muslims killed have been those who have been opposed to secession and who did not support Pakistan's claim to Jammu and Kashmir State. More notable of the Muslims who have been assassinated by terrorists include Maulana Masoodi, a veteran freedom fighter and a close associate of Sheikh Mohammad Abdullah; Maulvi Farooq, Mirwaiz of Kashmir; Mir Mustafa, a former member of state Legislature; Pir Hissam-ud-Din Bandey and Abdul Jabbar, former ministers of the State government; Abdul Sattar, Ranjoor, General Secretary of the Communist Party of India in the State; Mohd. Shaban, Editor, Al Safa, an Urdu daily; Prof. Mushir-ul-Haq, Vice-Chancellor of Kashmir University; and Mohd. Din Bandey, the Muslim Gujjar who reportedly gave the first information about the ingress of infiltrators from Pakistan in 1965. Among the many other Muslims killed by the terrorists are former members of the State Legislature, National Conference and Indian National Congress activists, and officers of the State police.

 
The masked terrorists in Kashmir: Pawns in a bigger game.

Terrorism has taken a very heavy toll of the personnel of the security organizations of the State. Barring variations in official account of the security personnel killed and the account given by the local press as well as the figures made public by the terrorists themselves, a fairly large numbers of the personnel of the para-military forces and the Indian army have been killed in the hit and run guerrilla attacks mounted on them by terrorists. The attacks have involved sudden assaults on para-military pickets in civil areas, ambush of army and para-military convoys, mine blasts, rocket and bomb blasts on police stations and other security installations.

Genocide Of Hindus

Genocide is the destruction in whole or in part of a national, ethnic, racial or religious group. The United Nations General Assembly approved a resolution on 11th December, 1946, declaring genocide a crime under International Law. A convention on the Prevention and Punishment of Genocide adopted by the General Assembly came into effect on 12th January, 1951. The Convention proclaims genocide as a crime against International Law. The Convention lists destruction of an ethnic, racial or religious group as genocide. Specifically, genocide includes:

1. Killing members of a community or a group because of their affiliations;

2. Causing bodily or mental harm to the members of a community or a group;

3. Deliberately inflicting conditions on the community or the group to bring about its physical destruction;

4. Imposing measures to prevent births in the community or the group;

5. Forcibly transferring children from one group to another.

The terrorist organizations in the State and those operating from Pakistan have unleashed an organized campaign to exterminate the Hindus in Kashmir. Besides the obligation to prosecute a religious war against them, terrorists have sought to achieve several tactical advantages in eliminating Hindus. Hindus used to form a vital and powerful base for India in Kashmir. They have fought the secessionist movements in the State with their bare teeth. They alone have resisted the onslaught of the pan-Islamic fundamentalism as well as the Islamization of the Government and the society in the State. They have always been instrumental in keeping the feedback channels of Government of India open and maintaining a regular and uninterrupted flow of information to its agencies.

 
Terrorist leader with bodyguards.

The mass attack on the Hindus began in January, 1990, and by the onset of August, 1990 more than eight hundred of them had been murdered in cold blood. Most of the victims were innocent people who lived in poverty and persecution under the Muslim dominated constitutional organization of the State. Among those killed, were people from all sections of the society, lawyers, political activists, mediamen, intellectuals, shopkeepers, errand boys and men of small means.

The terrorists killings have been accompanied by torture unheard of in the annals of human history, which tantamount to grave crimes against all law and against humanity. In sheer disregard of the norms of political behavior, generally recognized by civilized nations and now embodied in several international Covenants, the charter of Human Rights Declaration and resolutions of the United Nations General Assembly, the terrorists have inflicted grievous hurt, injury and death / torture on hundreds of Hindus and other dissenters. Torture deaths have been brought about by inhuman practices described below:

1. Strangulation by using steel wires; 
2. Hanging; 
3. Impaling; 
4. Branding with red hot irons, 
5. Burning alive; 
6. Lynching; 
7. Draining of blood in contrived terrorist underground hospitals; 
8. Gouging of eyes before assassination; 
9. Slicing; 
10. Dismemberment of body; 
11. Breaking of limbs; 
12. Drowning alive; 
13. Dragging to death; 
14. Slaughter.

Brij Nath Shah was kidnapped on 27th April, 1990 from his home at Sadhu Ganga, Kupwara in Kashmir. Two days later his body was found hanging by a tree. His lips had been stitched.

Sham Lal of Chiragam in Anantnag, Kashmir was kidnapped in May 1990. The hands and the feet of the unfortunate man were chopped off and his skull battered. Sham Lal's dead body was stuffed in a sack and left on the threshold of his house, wherefrom it was recovered by his brother.

 
Innocent victims of Pakistan's Terrorism.

Pran Nath of Uttarsu in Anantnag District was kidnapped on 27th May, 1990. His body was found impaled; his chest and feet nailed.

Three officials of the Life Insurance Corporation of India were kidnapped in Srinagar. They were subjected to torture and then confined in an abandoned Kashmiri Hindu migrant house. The house was set ablaze. Two of the officials were burnt alive while the third official escaped with more than 50 percent burns.

One Bhushan Lal of Ompura in Badgam, Kashmir was kidnapped on 27th April 1990. He was tortured and then strangulated to death. His body was found the next day.

Girja, a school teacher at Bandipora, was kidnapped from the house of a Muslim colleague. The unfortunate woman, after being gangraped, was sliced on a mechanical saw.

Scores of the bodies of Hindus were recovered from River Jhelum. Most of them were drowned.

Brij Nath Koul of Hermani of Shopian, an employee of the Agricultural Department and his wife were tied to a speeding vehicle. Their mangled bodies were recovered ten kilometers away from their home.

The dead bodies of several Kashmiri Hindus were salvaged from various places in Kashmir. Their heads had been severed off.

Several dead bodies of Kashmiri Hindus were recovered, which had been branded by hot irons before death. Several bodies were found with eyes gouged out.

The most dastardly and inhuman acts of terrorism were those committed in the hospitals where the Hindus brought in for treatment were either allowed to die for want of treatment or brutally murdered by the doctors and others who collaborated with the terrorists. A number of cases have been reported where injured Hindus were allowed to bleed to death.

Scores of cases have been reported where kidnapped Hindus were drained of their blood and their lives were terminated.

Among the dead in Kashmir, the state Government is yet to disclose the identity of about four hundred dead bodies, recovered by the police and disposed of at its will. The State government is keen to cover the anti-Hindu character of the terrorist violence and has tried to play down the massacre of Hindus. But the fact remains that most of those killed and still unidentified are Hindus. A survey of the migrant population reveals that there are several hundred Kashmiri Pandits, who are missing and are presumed dead.

The worst sacrilege to which the Hindus have been subjected, and the process continues still, is that the kith and kin of the Hindus killed in Kashmir, were not allowed to carry the dead bodies to Jammu for cremation according to Hindu rites. Evidently, the cremation of Hindus in Kashmir could not be carried out according to Hindu rites because the terrorists forbade Hindus to accompany the dead to perform their last rites. The Hindus' dead bodies were actually disposed of by the State police on their own and in total disregard to the injury and hurt the cremation of the dead bodies by the state police, caused to the religious feelings of the bereaved Hindu families.

Exodus in Panic

The rising terror which consumed hundreds of innocent Hindus, the deliberate indifference of the state apparatus infested by pro-Pakistan agents and infiltrators and the failure of Government of India to take effective and firm measures against the terrorists as well as their harbourers, particularly in the ranks of the administrative organization of the state, compelled the Hindus to flee for their lives to Jammu and beyond. By July- September, 1990 more than two lakhs of Hindus had evacuated from their homes leaving their property, land, trade and business behind them. After the exodus, all the Hindu property has been looted and thousands of Hindu houses burnt down. Several Hindu shrines have also been burnt down or destroyed by explosives.

 
The refugee camps for Kashmiri Pandits at Jammu.

Terrorism is a negation of life, and violation of the norms of human behavior recognized by all civilized people of the world. All value-based violence, which contravenes generally accepted norms of social order, human behavior and right to life and equality of all men, is retrogressive. Judgments which are based upon preferences which violate life, equality of all men and freedom, do not have any revolutionary content. The political violence motivated by ideological commitments whatever their value- content is necessarily retrogressive. There is no freedom which impinges upon freedom, no equality which upholds inequality. There is no life which portends death. Political terrorism even if it is for a religious crusade is as heinous a crime as any other crime against humanity. All political terrorism is organized crime.

Terrorist violence cannot be justified on the ground of its political and ideological motivations or value-basis. International conventions and treaties, even those pertaining to human rights, do not recognize terrorist violence as legitimate political action, arising out of any ideological or political commitments or any value basis. Commitment to separation of Jammu and Kashmir from India to further the cause of Islam and in the name of Muslim unity and brotherhood, to ensure the Muslims in the state the right to decide the future disposition of the state as envisaged by the United Nations Resolutions; commitments to "complete the partition of India" by the accession of the state to Pakistan or commitments to liberate the Muslim majority state of Jammu and Kashmir from India or commitment to establish a Muslim State of Jammu and Kashmir based upon religious precept and precedence cannot legitimize and validate terrorism in Kashmir.

International Law and Terrorism

There is a growing corpus of Municipal as well as International Law and precedent to deal with politically motivated terrorism. The civil jurisprudence and International law generally identify political terrorism as a crime, more serious than traditional civil and international crime. Murder of innocent people, torture deaths, kidnappings, abduction and rape of women are heinous crimes which do not come within the traditional definitions of crime. Many countries have extended their penal codes to most terrorist offenses. Legislation has also been undertaken to provide for special police powers and special judicial procedures to deal with terrorist crime. New special anti-terrorist organizations have been created within police departments and other international security organizations. In many states military participation in police functions has increased. Special military units for possible use in anti-terrorist operations have been created in a number of countries. All these measures have been necessary to combat terrorism and safeguard the lives of law-abiding citizens and innocent people and save states from being broken up by sponsored terrorism. Nations with long democratic traditions including the United States of America, one of the foremost super-states supporting human rights, have always demanded the adoption of severely stringent measures against political terrorism.

It is relevant to note that the United State of America proposed a set of highly stringent rules to deal with terrorism in the draft of an International Convention submitted by the United States Government to the ad-hoc committee of the United Nations on International Terrorism in 1973. Understandably, most of the Muslim States disapproved of the draft convention.

United Nations On Terrorism

The United Nations lists killings, kidnappings, torture and abduction as a crime. According to resolutions of the General Assembly of the United Nations on measures to prevent terrorism, the Nations General Assembly:

1. Unequivocally condemns as criminal all acts, methods and practices of terrorism wherever and by whoever committed including those who jeopardize the friendly relations between states.

2. Deeply deplores the loss of innocent human lives which results from such acts of terrorism.

3. Further deplores the pernicious impact of acts of international terrorism on relations and cooperation among states including cooperation for development.

4. Appeals to all states that have not yet done so to consider becoming party to the existing international conventions relating to various aspects of international terrorism.

5. Invites all states to take all appropriate measures at the national level with a view to the speedy and final elimination of the problem of international terrorism such as the harmonization of domestic legislation with existing international conventions, the fulfillment of assumed international obligations, and the prevention of the preparation and organization in their respective territories of acts directed against the states.

6. Calls upon all states to fulfill their obligations under International Law to refrain from organizing, instigating, assisting or participating in terrorist acts in other states, or acquiescing in activities within their territory directed towards the commission of such acts.

7. Urges all states not to allow in any circumstances to obstruct the application of appropriate law enforcement measures, provided for in the relevant conventions to which they are party, to persons who commit acts of international terrorism covered by those conventions.

8. Further urges all states to cooperate with one another more closely, especially through the exchange of relevant information concerning the prevention and combating of terrorism, apprehension and prosecution or extradition of the perpetrators of such acts, or the incorporation into appropriate bilateral treaties of special clauses, in particular regarding the extradition or prosecution of terrorists.

The security Council adopted a resolution on 18th December, 1985 urging upon all the States to undertake appropriate measures to bring to an end hostage taking, abduction and other forms of terrorism. In the operative part of the Resolution, the Security Council

1. condemned unequivocally all acts of hostage-taking and abduction;

2. called for the immediate safe release of all hostages and abducted persons wherever and by whoever they are being held;

3. affirmed the obligation of all States in whose territory hostages or abducted persons are held, urgently to take all appropriate measures to secure their safe release and to prevent the commission of acts of hostage-taking and abduction in future;

4. urged the further development of international cooperation among States in devising and adopting effective measures which are in accordance with the rules of international law to facilitate the prevention, prosecution and punishment of all acts of hostage-taking and abducting as manifestation of international terrorism.

A number of other resolutions and conventions of the United Nations General Assembly and the Security Council, the Adhoc Committee on International Terrorism, various reports of the Secretary General of the United Nations and the Covenants of various inter-state organizations on political and international terrorism, have urged the members of the international community to undertake stringent and effective legal and administrative measures to combat terrorism. The recommendations envisage the institution of fresh political instruments and modified penal procedures to check terrorism. The Council of Europe produced a Convention on terrorism in 1977, which stipulated that amnesty available to political offenses should not apply to terrorist violence associated with all forms of terrorist acts, assassinations, bomb outrages, rocket attacks and killings by other explosive devices, kidnapping, taking of hostages, hijacking and such other offenses.

Human Rights

In the Charter of the United Nations, the peoples constituting the United Nations, express their determination to reaffirm faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and nations large and small. In 1948, the General Assembly of the United Nations adopted the Universal Declaration of Human Rights as a common standard of achievement for all people and all nations. In 1966, it adopted the United Nations Covenant of Human Rights.

The Universal Declaration of Human Rights stipulates, in several sets of its articles, the inalienable rights of all members of human family. These inalienable rights are grouped around six main principles- Equality of man; Freedom of thought; expression and faith; Due process of law; Freedom of peaceful assembly and association; Representative basis of state power, and Right to a share in the social and economic organization of the state.

The equality of man is fundamental to the Declaration of Human Rights. The Declaration affirms that human rights are universal and applicable without any discrimination. If all human beings, professing different faiths, are born free with equal dignity and rights, no religious, social or political injunction can impose a reservation on the equality of man and discrimination against any people of the world. The equality of man transcends all religious precepts and precedent, social sanction, all ideological commitments and political limitations.

All human beings, the Declaration proclaims, are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. All people are entitled to all rights and freedoms envisaged by the Declaration, without any distinction of any kind, such as race, color, sex, language, religion, political or other status. Every human being has right to life, liberty and security of person. No one shall be subjected to torture or cruel inhuman or degrading treatment or punishment. All people are equal before law and are entitled without any discrimination to equal protection of law.

Due Process Of Law

Due process of law is the basis of the Declaration of Human Rights. Due process embodies seven principles which are basic to all rights. These principles are redressal against the state, no less against the private citizen; freedom from arbitrary arrest; fair trial; presumption of innocence till proved guilty; protection against ex-post facto penalty; respect for privacy and freedom of movement.

The Declaration of Human Rights envisages the freedom of thought, freedom of conscience and religion, freedom of opinion and expression, freedom of peaceful assembly and association. The Universal Declaration of Human Rights proclaims that the will of the people shall be the basis of the authority of the Government which shall be expressed in periodic elections conducted on the basis of universal adult franchise.

The Declaration of Human Rights embraces freedom from want no less than freedom from fear, and envisages for all people right to social security, the right to work, right to free choice of employment, right to just and favorable conditions of work, right to rest and leisure, right to adequate standard of living and right to education.

The Universal Declaration of Human Rights and the United Nations Covenants adopted by the General Assembly in December, 1966, underline themes which involve universal recognition of human rights and not mere juridical protection. The rights envisaged by the Declaration as well as the Covenants are universal in content and therefore, the obligation of their protection is not limited to the authority of the State, but extends to all social and political instruments as well as international organizations. The Declaration and Covenants signify the recognition of a juridical political organization of the world community in which the equality and dignity of man is acknowledged and as a consequence, it is accepted that man has a fundamental right to free movement in search of truth and the attainment of moral good and justice besides the right to a dignified life.

The Universal Declaration of Human Rights is not a partial guarantee and it does not envisage protection for a specific community or a section of the people of the world. The safeguards for human rights are universal and are available to all people of the world irrespective of their nationality, the regime by which they are governed and the religion and the race to which they belong. The Universal Declaration of Human Rights does not envisage protection of the rights of any single community in the world and insulate it against the infringement of the human rights. It does not provide protection only to the Muslims in Jammu and Kashmir against violation of their rights; it extends protection to all the communities in the state, more so, the Hindus and other minorities, who are more exposed to religious, political and economic dominance of the Muslim majority of the State. Genocide, forced mass exodus of minorities from their homes, and torture are grave violation of human rights. The Universal Declaration of Human Rights protects the Muslims in Jammu and Kashmir against the infringement of their rights, but it also envisages protection for Hindus and other ethnic and religious minorities in the State against extermination, religious persecution and slavery because they refuse to submit to precedents of a Muslim State. The Declaration is a guarantee against all ideological aggrandizement including precedence claimed by the Muslims in a Muslim State.

The Muslim terrorist crusade in Jammu and Kashmir is aimed to:

a) merge the state into the Muslim nation of Pakistan on the basis of its Muslim majority;

b) convert it into a Muslim State governed in accordance with the religious precepts of Islam; and

c) restrict human rights of all ethnic and religious minorities within the injunction of the Muslim State.

The crusade is a negation of human rights. All religious crusades which seek to establish religious precedence including the Muslim Jihad and the militarization of the pan-Islamic fundamentalism violate the Declaration of Human Rights. The rights envisaged by Declaration of Human Rights are irreconcilable to all political regimes which are based upon religious precept and precedent. Fundamental Rights, including human rights, conflict with restricted citizenship and all forms of religious protectorate.

The Declaration of Human Rights does not underline the guarantees against civil jurisdiction alone. The human rights are fundamental rights; they are also civil rights. The protection envisaged by human rights imposes a limitation on the arbitrary exercise of state power; it also imposes a limitation on the exercise of authority by all regimes including instruments of social control, private citizens, foreign states and international organizations. The terrorist organizations in the State, the Muslim crusade for a second partition of India and the state of Pakistan cannot escape the liability for the violation of human rights in the Jammu and Kashmir State.

The responsibility of violation of human rights in the Jammu and Kashmir state rests upon -

1. All the terrorist organizations in the State;

2. The Muslim organizations and the para-military outfits which aid and support terrorism;

3. The political regime in the part of Jammu and Kashmir occupied by Pakistan; and

4. The State of Pakistan.

Political terrorism is condemned by the United Nations as a crime against the rights of man. Terrorist killings, kidnapping, torture, hostage-taking, abduction are listed as grave crimes against humanity. The General Assembly denounces all acts of terrorism which endanger or take innocent lives, jeopardize fundamental freedoms and impair the dignity of human beings.

Failure of the Indian State

The Jammu and Kashmir Government and Government of India have failed to take adequate and necessary measures to suppress terrorism in the state. In spite of increasing terrorist violence during the fall of 1989, the State Government stubbornly refused to take any action against the growing terrorist menace. During 1989 sixteen hundred violent incidents including 351 bomb blasts took place in Kashmir province. During the first eighteen days of January 1990, 319 violent incidents, 21 armed attacks, 114 bomb blasts and 112 acts of arson and 12 outbreaks of mob violence took place in the state. The Government reaction to the terrorist violence is reflected by the fact that when Shabir Ahmed Shah a militant leader was arrested in September 1989, the Deputy Commissioner refused to sign the warrant of detention; later on the Deputy Commissioner of District Anantnag to which Shah belonged also refused to sign the warrant. The treachery against the Human Rights did not end there. The Advocate General did not appear before the Court to represent the case, shifting his responsibility to the Additional Advocate General and the Government Counsel. They too refused to appear before the Court.

The terrorist violence spread death, and hundreds of innocent Hindus were mowed down by the terrorist bullets but none of the high officials of the state Government was brought to book for having abetted the terrorist assault on human rights.

State's Inaction

The State Government and the Government of India have an obligation under the Universal Declaration of Human Rights, the various international Covenants and the United Nations Resolutions, to deal firmly with terrorist violence. Neither the State Government which is vested with the powers to maintain law and order in the state in the Indian federal division of powers, nor the Union Government which assumed all powers of the administration to itself in consequence of promulgation of President's rule in the State, adopted any of the measures mentioned above to deal firmly with the terrorist violence. Terrorist crime is still dealt with as an ordinary crime. Trial procedures have not been changed to meet the threat of crimes committed by the terrorist; no special anti-terrorist organizations have been instituted within the police department or within the security structures of the State.

TADA is a farce. None of the existing penal laws and procedures have been amended to cover crimes committed outside the State and reach the training nests in Pakistan. No special organization has been established at the national level to coordinate national efforts against terrorists. Both the State Government and the Union Government have not opted for military participation in police functions nor have any special military units for possible use in dealing with the terrorists been constituted. No special powers except those provided to deal with the extraordinary situation of terrorist violence, have been vested with the security forces and no security organization has been empowered to take any pre-emptive action against terrorist violence, so much so that the police force is empowered to fire only when they are attacked, leaving the initiative of surprise with the terrorists. All this is being done in spite of the internationally recognized obligation to change the existing penal law and procedures to meet the terrorist threat

Thousands of innocent lives could have been saved, if the State and Union Government had taken adequate measures which the world community, the civilized nations have adopted to deal with the political terrorism.

The local newspapers are a testimony to the death and destruction of Hindus and other innocent civilians who have been victimized by the various terrorist flanks and who could be saved if powers were given to the security forces to take pre-emptive action. Thousands of innocent lives have been taken by the terrorists and thousands of Hindus have been uprooted from their homes. They are languishing in refugee camps in Jammu and other parts of India. Their right to life, their homes and their freedom is as sacrosanct as any other human right listed in the Universal Declaration of Human Rights.

APPEAL

We appeal to all Human Rights Organizations.

We appeal to the conscience of the world to prevail upon India to:

a) put an end to political terrorism in Jammu and Kashmir so that the extermination and death of Hindu minorities and other innocent people is stopped immediately and hundreds of thousands of Hindus refugees are able to return to their homes in Kashmir, and

b) indict pan-Islamic fundamentalist organizations and terrorists organizations in Jammu and Kashmir which are responsible for terrorist violence in Kashmir, and the State of Pakistan which has sponsored these organizations by providing training, arms and funds to the terrorists in Kashmir, for crimes against humanity and International Law and crimes against Human Rights.