Ganesh Malhotra
The entire princely state of Jammu and Kashmir became an integral part of India by signing of the Instrument of Accession by Maharaja Hari Singh in October 1947. But right at beginning Pakistan attacked Jammu and Kashmir and occupied a major portion of the territory of J&K. The matter was taken to UN despite India’s superior position to take back that area from Pakistan. The UNSC resolution on Jammu and Kashmir adopted in 1948 envisaged three conditional steps i.e. withdrawal of all Pakistani regular and irregular troops from the region to the satisfaction of the UN; thereafter, a reduction in the number of Indian troops to the minimum necessary for the maintenance of law and order; and then, a plebiscite under UN supervision. The resolution became irrelevant after Pakistan refused to take the first step – which was mandatory for its implementation. But redundant status of resolution could not be highlighted and Pakistan along with other such elements has been allowed to give apparent legitimacy to this redundant resolution by their false propaganda.
Under the Shimla agreement, signed in July 1972, India and Pakistan agreed to resolve all outstanding issues bilaterally. Finally, 22nd February 1994 Indian parliamentary resolution reiterated the legal position that the entire territory of the erstwhile princely state of Jammu and Kashmir is an integral part of India and asked Pakistan to vacate the area under its illegal occupation. This resolution says
On behalf of the People of India, Firmly declares that – (a) The State of Jammu & Kashmir has been, is and shall be an integral part of India and any attempts to separate it from the rest of the country will be resisted by all necessary means; (b) India has the will and capacity to firmly counter all designs against its unity, sovereignty and territorial integrity; and demands that – (c) Pakistan must vacate the areas of the Indian State of Jammu and Kashmir, which they have occupied through aggression; and resolves that -(d) all attempts to interfere in the internal affairs of India will be met resolutely.” The Resolution was unanimously adopted.
It is very difficult to understand why India has taken so long to assert its legitimate claim over Pakistan occupied territory in a forceful manner. In fact, India’s lack of assertiveness on this is responsible, to a large extent, for the present situation in the Kashmir Valley. It also provided Pakistan an opportunity to strengthen its position in POJK and the Northern Areas of Gilgit-Baltistan. But Pakistan’s failed State character and violent behaviour have reversed situation for Pakistan in POJK and Gilgit-Baltistan. This was seen during protests in POJK for democracy and against suppressive policies of Pakistan. Continuous protests in Gilgit-Baltistan against Pakistan and ongoing projects of China need to be watched carefully.
Pakistan has not only changed the demography of the region by bringing in outsiders to settle there by abolishing Permanent Resident Certificate but has also imposed a constitution which totally ignored the legitimate rights of the local population. Although Pakistan has named a part of it ‘Azad’ Kashmir, it is in fact ‘Ghulam’ Kashmir as Article 7(2) of the ‘AJK’ constitution ensures total subjugation to Pakistan with anyone not agreeing to this becoming ineligible to contest elections. It reads:
“No person or political party in Azad Jammu and Kashmir shall be permitted to propagate against, or take part in activities prejudicial or detrimental to, the ideology of the State’s accession to Pakistan.”
After illegally occupying PoJK and Gilgit-Baltistan, Pakistan turned its eye towards the Kashmir Valley and Jammu, and started the Proxy in J&K. Pakistan was and is not ready to mend its ways due to some International support and some due lack of assertiveness on the part of India.
The latest edition in this situation is China’s active support to Pakistan. China started this by stapled visa issue in case of J&K. Pakistan is making all attempts to make Gilgit-Baltistan as 5th province of Pakistan and has literally leased it out to China in the name of CHINA PAKISTAN ECONOMIC CORRIDOR (CPEC). Although China want India to accept One China Policy but is not ready to accept one India policy. India need to work on it and has to compel China by various diplomatic and International pressures.
Situation has changed a lot after the change of guard at New Delhi. With the change of Govt; India’s policy towards International issues in general and Pakistan and China in particular has become quite pro-active. The surgical strike was a clear message to Pakistan that India will not allow its territory to be used to launch Anti-India activities. There were many questions about India crossing LOC but technically and legally speaking India conducted that operation within the territory of J&K. The statement of Prime-Minister of India regarding POJK and Gilgit-Baltistan during a public function has infused a fresh life in the conviction of India to fulfil Parliament’s resolution. India made this point very clear during UN General Assembly session. India has so far been reluctant to talk about Kashmir at international forums, thereby creating an incorrect perception that it may be in the wrong. There is need for a change here too. India should not only explain its stand on Kashmir and expose Pakistan’s duplicity in bilateral discussions with friendly countries, but should also not hesitate in raising it at international forums. India needs to take into confidence all friendly States in this matter and make the factual position very clear to them. There is very favourable International atmosphere against Pakistan whether as a failed State or perpetrator of terrorism or whether violator of basic human rights. India has to take advantage of this situation.
If the Berlin wall can cease to exist, if Cold war can end, if Europe can become borderless then why not whole Jammu and Kashmir can become one Entity again as envisaged by Parliament resolution of 22nd February 1994.
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