My Land.......II
The Valley is in turmoil and is longing for some concrete Socio-Political correction/solution........, which seems to look like a mirage for the common mass.
To start from where I left yesterday...........Between 1951 and 1958, Security Council appointed five representatives, three of whom were US citizens, to go into the question of implementation of the UN resolution dated 13 Aug 48, thus leading to a plebiscite. None of those representatives could come to an agreement on the question of demilitarization i.e the very first prerequisite for plebiscite. They were all of the opinion that plebiscite would create more problems that it would solve. Their various reports were accepted by the Security Council. Since 1958 no representative has been appointed by the UN, to resolve this issue. Following points clearly emerge from the above. Firstly, Maharaja of J&K had unconditionally acceded to the Indian Union. Secondly, Pakistan was an aggressor in J&K State, a fact they admitted to the UN Security Council. Thirdly, holding of plebiscite in the entire state of J&K was conditional to, Pakistan first withdrawing all its troops including armed tribals and Nationals from the state. Before holding the plebiscite the UN representative in consultation with Government of India was to decide as to the quantum of Indian and state Armed forces to remain in J&K to ensure security and freedom of plebiscite.
Fourthly, by 1958 all UN representatives were unanimous in their views that there could be no agreement on demilitarisation and a plebiscite would create more problems than it would solve. Fifthly, UN Security Council having accepted the UN representatives various reports and not having appointed any representative since 1958 implies their agreement to the recommendations made by these representatives.
Thus it is clear that, as far as UN was concerned, plebiscite was a dead issue in 1958 itself. As regards the assurance of the Indian Government on this subject is concerned, in 1952 the J&K State Government decided with the approval of the Government of India to convene a constituent assembly, whose members were elected by adult franchise. This assembly was specifically asked to debate and give its reasoned conclusion regarding the accession of the state to the Indian Union. On this the Assembly stated that ''The State of J&K is and would be an integral part of the Union of India.'' This fact has been included in the J&K State Constitution that was adopted by the assembly on 20 Oct 1956 and came into effect from 26 Jan 1957. Thus it is clear that the assurance given by Lord Mountbaten on behalf of Government of India has also been fully met. If anything that now remains to be done is to hold a plebiscite in Pakistan Occupied Kashmir, after withdrawal of Pakistani troops and its armed tribals and Nationals from that part of Kashmir.
Since 1958 India and Pakistan have fought two wars, in 1965 and 1971 and are now fighting a proxy war for over a decade. Though at the end of both the wars Indian Armed Forces had captured some chunk of Pakistan territory across the International Border as also liberated certain parts of Pakistan occupied Kashmir, yet for maintaining peace with its neighbour, India after 1965 war signed the Tashkent agreement with Pakistan and pulled back its forces from captured/liberated areas. Similarly after 1971 war when India was in a most commanding position where it not only helped Bangladesh to attain independence from Pakistan, but also held over 90,000 Pakistan Armed Forces personnel as prisoners of war, she signed the famous Simla Agreement with Pakistan on 02 July 1972. Para 4 of this agreement states, ''In order to establish the process of establishing durable peace, both the governments agree that ''Indian and Pakistani forces shall be withdrawn to their respective side of the International borders. In J&K the line of control resulting from the ceasefire of 17 Dec 1971, shall be respected by both sides without prejudice to be the recognised position of either side. Neither side shall seek to alter it unilaterally irrespective of mutual differences and legal interpretation. Both sides further undertake to refrain from the threat or use of force in violation of this line'.
It is evident that at every stage India has gone out of its way to extend the hand of peace and friendship to Pakistan. India has also ensured greater autonomy for the state of J&K than for any state of the union. Inspite of repeated attempts by Pakistan to create law and order problems, off and on, in Kashmir, J&K has been mostly governed by an elected government, except for certain periods of Governor's rule. It is another matter that because of rampant corruption and mal-administration prevalent in the subcontinent, the full benefits of development have not reached the masses. Yet, it is a fact that conditions in Indian part of Kashmir are far better than in Pakistan Occupied Kashmir.
On the other hand what is the record of Pakistan in Kashmir? There is hardly any autonomy to the local government, most Kashmir issues are controlled and directed from Islamabad. As regards the state of J&K, Pakistan since 1947 has repeatedly tried to annex it by force. However their evil designs have always been negated by Indian Armed Forces with the support of local population. They have now been waging a proxy war with mercenaries suppoted by them and trained and led by their ISI personnel. These mercenaries, in complete disregard for local population and their customs have indulged in rape and arson. They have damaged the very foundation of Kashmiriyat so dear to any Kashmiri. Today you would find hardly any children of well to do families of Kashmir studying in Kashmir. They have been forced to send their children away from the Valley. There is no wholehearted support for the mercenaries from the local population. How can Pakistan ever dream to assimilate this population in their midst?
Enough blood has been shed on both sides of the border on Kashmir issue. It is futile on the part of Pakistan to continue harping on a dead UN resolution. They must now pick up threads from the currently in-force and binding Simla agreement and accept India's offer of not only resolving Kashmir but also other outstanding issues bilaterally with India. Should they fail to do this, they would openly become a pawn in the International power game to be exploited by western powers. How long are the people going to be fooled? For a bright future of the subcontinent let us forget the past and make a new beginning.