Fahad Khan 2
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The partition plan of 3rd June 1947 envisaged that over 550 princely states would join India or Pakistan keeping in view the aspirations of their people vis-à-vis language, culture, ethnicity, economic relations and geographical contiguity. On 19th July 1947, Muslim Conference had organized a convention and passed a resolution for merging Jammu and Kashmir with Pakistan. The resolution stated: "This convention of Muslim Conference has reached the conclusion that geographical conditions, 80 per cent Muslim population, important rivers of Punjab passing through the state, language, cultural, ethnic and economic relations and contiguity of the state with Pakistan make it imperative to merge with Pakistan". India, however, occupied the State through military force and claimed it as an integral part of India. When volunteers from Azad Kashmir and other Pakistani volunteers went to Kashmir to help their brethren, it was India that took the matter to the UN under Chapter VI of the UN Charter dealing with Pacific Settlement of Disputes.
On 5th January 1949, United Nations gave the right to the Kashmiris to join either Pakistan or India in the plebiscite to be held under the aegis of the United Nations. On June 26, 1952, then prime minister Jawahar Lal Nehru told Indian Parliament that if the Kashmiri people wish to join Pakistan they may do so. But India backtracked on the commitment made in front of international community allowing Kashmir the right to self-determination. But in later years, India amended its constitution to make Kashmir its integral part, and it was beginning of the grave human rights violations on the people of Indian Held Kashmir. In case, India continues to balk at resolving the Kashmir dispute either on the basis of the UNSC resolutions or any arrangement, which is acceptable to India, Pakistan and the people of Kashmir, there can never be a durable peace in the region. The international community has to understand that Tashkent and Simla agreements were signed by Pakistan under duress, and cannot supersede UNSC resolutions.
According to Tashkent Declaration after 1965 War and Simla Agreement after 1971 War, both India and Pakistan had agreed to resolve all disputes through bilateral dialogue. It never meant that UNSC resolutions had become redundant. But India has always taken the position that Kashmir issue is a bilateral matter, and refuses to accept third-party mediation. One should not ignore the fact that Article 103 of Chapter XVI of the UN Charter clearly states: "In the event of a conflict between the obligations of the members of the United Nations under the present Charter and any other international agreement, their obligation under the present charter shall prevail". After 9/11, the US had come out with the doctrine of pre-emptive strike, and India mistook it as a carte blanche to all the 'big and mighty' and thought it could apply the same in this region. Since then India has been talking of a limited war; and in 2002 it moved its forces close to the Pakistan's borders. It was a war of attrition, and when India realized that Pakistan would not be cowed down, it ultimately withdrew its forces to the original positions.
There is no denying that state violence or counter violence never helps solve the problem. Nevertheless, the big powers should understand the gravity of the situation and help resolve the Kashmir issue. It does not look like if they will do it because only when public protest fits into the geopolitical designs of the US and the West that they declare it a popular movement and honor it with the award of a color label. The orange revolution of Ukraine, the rose revolution of Georgia, the cidar revolution of Lebanon and much earlier velvet revolution of Czechoslovakia would pale before the Kashmiris' movement for their freedom. Yet the above countries were given colors by the color-blind big powers. It has to be mentioned that in none of the above cases there was a UN mandate whereas Kashmiris have been given their inalienable right of self-determination by the United Nations Security Council on 5th January 1949.
Indian army's atrocities on the people of Kashmir, and their murder, rape and fake encounters have turned Kashmir into hell. Indian soldiers continue to arrest innocent Kashmiris, keep them in extra-judicial custody and kill them in fake encounters so as to earn rewards or out-of-turn promotions. Nameless and mass graves bear a testimony to India's reign of terror. Despite promises, India has failed to demilitarize the Indian Held Kashmir or reduce its troops to mitigate suffering of Kashmiris. In the recent past, upsurge in *** due to the brutal and inhuman acts of rape and murder of two innocent women in Shopian (***) appeared to have moved right-thinking Indian politicians and intellectuals that Kashmiri ordeal deserves serious contemplation. The world must take notice of the atrocities committed against Kashmiri people, especially the women and children by Indian security forces and help Kashmiris to get their right of self-determination bestowed by the UNSC.
The celebration of "The Accession to Pakistan Day" by people of Kashmir shows their firm resolve that they totally reject Indian rule and will never accept Indian hegemony. The resolution of 19 July 1947 by the majority of the people of Kashmir also established the fact that the people of Kashmir have spiritual, social, political and cultural links with Pakistan and they see a promising future in accession to Pakistan. Though Kashmiris' struggle continues since 1948, they took up arms in 1989 to counter India's state terrorism and, of course, to get rid of Indian yoke. Since then, around 100,000 Kashmiris have been martyred and many more injured and maimed. However, killings and atrocities committed by Indian armed forces could not break their will or weaken their resolve, and they continue to give supreme sacrifice for their inalienable right of self-determination accepted by United Nations Security Council. While Kashmiris are continuing their struggle, they wish to be included in any peace dialogue between India and Pakistan.
