Thanks for replying like an adult (unlike some teenager here who claims to be an American).
An authentic link will be appreciated which shows
India refusing to implement the process of demilitarization for the referendum to take place.
Moreover, the UN website says this:
2. The Government of India should
(a)
When it is established to the satisfaction of the Commission set up in accordance with the council's resolution 39 (1948) that the
tribesmen are withdrawing and that the arrangements for the cessation of the fighting have become effective, put into operation in consultation with the Commission
a plan for withdrawing their own forces from Jammu and Kashmir and reducing them progressively to the minimum strength required for the support of the civil power
in the maintenance of law and order.
Link: http://www.un.org/en/sc/documents/resolutions/1948.shtml
So the
first step is Pakistan withdrawing from Pak held Kashmir. The paragraph above shows the
second step which India will do
when the preconditions are met by Pakistan.
I hope it's clear to you now.
Let me post the UNCIP Resolution of 13 August 1948 to clear your confusion:
Resolution adopted by the United Nations Commission for India and Pakistan on 13 August 1948.
(Document No.1100, Para. 75, dated the 9th November, 1948)
...........
...........
PART II
TRUCE AGREEMENT
Simultaneously with the acceptance of the proposal for the immediate cessation of hostilities as
outlined in Part I, both Governments accept the following principles as a basis for the formulation of
a truce agreement, the details of which shall be worked out in discussion between their
Representatives and the Commission.
A.
(1) As the presence of troops of Pakistan in the territory of the State of Jammu and Kashmir
constitutes a material change in the situation since it was represented by the Government of
Pakistan before the Security Council, the Government of Pakistan agrees to withdraw its
troops from that State.
(2) The Government of Pakistan will use its best endeavour to secure the withdrawal from the
State of Jammu and Kashmir of tribesmen and Pakistan nationals not normally resident therein
who have entered the State for the purpose of fighting.
(3) Pending a final solution the territory evacuated by the Pakistan troops will be administered
by the local authorities under the surveillance of the Commission.
B.
(1) When the Commission shall have notified the Government of India that the tribesmen and
Pakistan nationals referred to in Part II A2 hereof have withdrawn, thereby terminating the
situation which was represented by the Government of India to the Security Council as having
occasioned the presence of Indian forces in the State of Jammu and Kashmir,
and further, that
the Pakistan forces are being withdrawn from the State of Jammu and Kashmir, the
Government of India agrees to begin to withdraw the bulk of their forces from the State in
stages to be agreed upon with the Commission.
(2) Pending the acceptance of the conditions for a final settlement of the situation in the State
of Jammu and Kashmir, the Indian Government will maintain within the lines existing at the
moment of cease-fire the minimum strength of its forces which in agreement with the
Commission are considered necessary to assist local authorities in the observance of law and
order. The Commission will have observers stationed where it deems necessary.
(3) The Government of India will undertake to ensure that the Government of the State of
Jammu and Kashmir will take all measures within their power to make it publicly known that
peace, law and order will be safeguarded and that all human and political rights will be
guaranteed.
.................
.................
India seeks to fasten on Pakistan a responsibility to withdraw troops from Jammu and Kashmir unilaterally and unconditionally, by quoting out of context a certain provision of UN Commission’s resolution of 13 August 1948, that is, Part 11, paragraph A.I. India deliberately suppresses the other paragraphs of Part II. The Indians are guilty of
suppressio veri and
suggestio falsi. These subsequent paragraphs make it obvious that
the obligation of Pakistan to withdraw its troops from the state of Jammu and Kashmir does not devolve until both sides conclude a truce agreement to govern the withdrawal of not only Pakistan forces but also the bulk of the Indian armed forces from the state, the withdrawals to be carried out in a synchronized manner.
The reciprocal obligations of the two sides as to the modalities of demilitarization, have been persistently sought to be confused by India so as to mislead the world into believing that the obligation of withdrawal devolves on Pakistan unilaterally.
A reference to the provisions of Part II of the resolution of 13 August, 1948 and the elucidations given by the United Nations Commission for India and Pakistan to the Government of Pakistan, have established beyond any possibility of dispute the reciprocal nature of the undertaking given by the two sides to withdraw their armed forces from the state of Jammu and Kashmir
An authentic link will be appreciated which shows India refusing to implement the process of demilitarization for the referendum to take place.
India claims that acceptance of Resolution 47 (1948) was stated by Nehru to be conditional on the withdrawal of Pakistani forces from territory within the 1947 boundaries of the State of Jammu and Kashmir, in accordance with the terms of that Resolution. Pakistani forces have, of course, never been withdrawn.
The
factual position is as under:-
(a) The demilitarization of Jammu and Kashmir was to take place in a synchronized manner on both sides of the ceasefire line. It was India which refused to implement the process of demilitarization.
(b) The proof of Indian refusal to demilitarize is to be found in the report of Sir Owen Dixon (United Nations Representative for India and Pakistan) to the Security Council, contained in
Document S-1971, in which he concluded as follows:-
"In the end, I became convinced that India’s agreement would never be obtained to demilitarization in any form or to provisions governing the period of plebiscite of any such character, as would in my opinion, permit the plebiscite being conducted in conditions sufficiently guarding against intimidation and other forms of influence and abuse by which the freedom and fairness of the plebiscite might be imperilled."(Para 52 of Document S/1971).
(c) It should also be noted that after a thorough examination of the matter the Security Council in its Resolution No. 98(1952), adopted on 23rd December 1952, allowed both India and Pakistan to maintain a limited number of their forces on each side of the cease-fire line at the end of the period of demilitarization in order to maintain law and order. This number was to be between 3000-6000 armed forces remaining on the Pakistani side and 12000-18000 remaining on the Indian side of the cease-fire line. Pakistan agreed to this proposal; India did not.
(d) To claim, in the face of this clear and irrefutable evidence, that the plebiscite could not be held because Pakistan refused to withdraw its forces, is patently an attempt to deceive the world. The simple truth is that India did not allow the creation of conditions necessary for the holding of a free and fair plebiscite under UN auspices.
(Pakistan's Official Position, Source: ICJ Report on Kashmir 1995, pp 162-3
https://www.icj.org/category/publications/reports/page/35/
Also, Josef Korbel,
Danger in Kashmir, p. 172
and
The Statesman, 15 September 1950 )