Wednesday, July 30, 2008

My Land............Kashmir has been on and off the centre stage for the last 60 years. However immidiately after Pokharan II. Pakistan and some of the countries of the world, with vested interests in the subcontinent have renewed their efforts with vigour to project this area as one of the major danger points of the world.Demands for a plebiscite are being voiced in various quarters including some of the so-called Human Rights groups in India. Is there a case for a plebiscite in Kashmir? Since human memory appears to be short, there is a need to go back in time and understand Kashmir problem in the right perspective, so that the question of plebiscite can be answered.
Around 20 October 1947, tribals from Pakistan, actively aided and supported by Pakistan invaded the then state of Jammu and Kashmir (J&K). On 27 Oct. 1947, the Maharaja of Kashmir, at his own request, signed the agreement of unconditional accession to the Indian Union. Lord Mountbaten, the then Viceroy of India, in his reply dated 27 Oct 1947 to the Maharaja, while accepting his unconditional accession the Indian Union stated that it is his government's wish that ''as soon as law and order has been restored and her soul is cleared of invaders the question of accession should be settled by the people''. Subsequently on 01 Nov 1947, lord Mountbaten made an offer to MA Jinnah to resolve the Kashmir issue through peoples verdict. This offer was declined by Jinnah 01 Jan 1948 Government of India took the issue of invasion of J&K state by Pakistan, to the United Nations Security Council under article 35 of the UN Charter. Pakistan admitted before the UN Security Council the entry of Pakistani troops and irregulars including tribals and Pakistani Nationals into the State of J&K, which was described by the Council as a breach of international law. In Feb 1948, the Security Council established the UNCIP (United Nations Commission India and Pakistan). The Commission was to look into the question of settling the dispute. On 13 Aug 1948, UN passed the much-talked about resolution on Kashmir, which was immediately accepted by India. However, Pakistan only accepted this on 20 Dec. 1948 after raising a number of objections. Part-A-1 of this resolution states that, ''The Government of Pakistan agrees to withdraw troops from the State''. Part B-I of the same resolution states that, ''When the commission shall notify the Government of India that the tribesmen and Pakistani Nationals have withdrawn from the territory of J&K, thereby terminating the situation which was represented by the Government of India to the Security Council and further that Pakistani forces are being withdrawn from the state of J&K, the Government of India agrees to withdraw bulk of its forces in stages to be agreed upon with the commision.''
Ceasefire in Kashmir became effective from 01 Jan 1949. On Jan 05 1949, UN passed a second resolution on Kashmir. In para 2 of this resolution it stated that ''a plebiscite will be held when it is found by the commission that the ceasefire and the truce arrangements set forth in the UN resolution dated 13 Aug 48 have been carried out and arrangements for the plebiscite have been completed.'' It further clarified that when the commission is satisfied that the peaceful conditions have been restored in the state, the commission will determine with the plebiscite administrator and in consultation with the Government of India the final disposal of Indian and state Armed Forces, after giving due regards to the security and freedom of the plebiscite.

To be Continued..........................

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