Saturday, 10 August 2019

India and Pakistan on Jammu and Kashmir, Dr Shabir Choudhry


India and Pakistan on Jammu and Kashmir, Dr Shabir Choudhry

1.    I understand brains of Muslims of Jammu and Kashmir State have been conditioned by continued wrong propaganda, and injections of religious romanticism.

2.    In order to massage ego of some of these people, and to satisfy their Muslim nationalism, let me start by saying, that what India has done to Jammu and Kashmir is wrong, and I condemn it.

3.    Net result of this on going propaganda is that, most of us, against unpleasant facts, only regard India as a culprit in Jammu and Kashmir. They overlook this bitter fact that we are in this mess because of wrong doings of Pakistan.

4.    My heart bleeds on suffering of my fellow citizens, however, after this prologue, let us see the Jammu and Kashmir dispute in light of irrefutable historical facts.

5.    The Two Nations Theory did not apply to Jammu and Kashmir, and other Princely States. Mohammed Ali Jinnah, a constitutional lawyer acknowledged this fact, and practically endorsed it by accepting accession of State of Junagarr, which had two third non - Muslim majority.

6.    Apart from that, Pakistani government, by entering in to a bilateral agreement with the Maharaja of Jammu and Kashmir, acknowledged this fact that Jammu and Kashmir was a separate political entity. This agreement with Pakistan was known as a Standstill Agreement.

7.    This clearly means that Jammu and Kashmir State did not belong to Pakistan just because it had a Muslim majority; and Pakistan has been deliberately misleading people of Jammu and Kashmir, people of Pakistan and the world at large.

8.    In order to impress people of Jammu and Kashmir and their own people, Pakistani government and compliant media has been shedding crocodile tears on plight of the people of Jammu and Kashmir, yet ignoring the fact that it was Pakistan which violated the Standstill Agreement and attacked State of Jammu and Kashmir with intention to occupy it because the Ruler of Jammu and Kashmir refused to sign on the dotted line.

9.    Tens of thousands of innocent citizens of Jammu and Kashmir were mercilessly butchered, women kidnapped and raped, property looted and burnt by the raiders.

10. This unprovoked and imperialist attack resulted in forced division of our motherland, Jammu and Kashmir, and we have been suffering in both sides of the divide since that brutal attack.

11. While Pakistan entered Jammu and Kashmir by violating a written agreement, and against the wish of the Ruler; India entered Jammu and Kashmir after a written agreement, and on the request of the Maharaja. Both countries entered Jammu and Kashmir for completely different reasons, Pakistan entered the State to occupy; and India entered the State to drive out the raiders and save life, liberty and honour of the people.

12. The biased and compliant media of Pakistan will not tell any of that because of fear of reprisals. Their failure to tell facts does not change the historic facts.

13. I strongly condemn those who say these are old facts, and we should concentrate on new developments, which means exonerate what Pakistan has done, and only concentrate on  what has happened since the launch of new phase of Pakistani proxy war in Kashmir in 1988.

14. These political proxies of Pakistan don’t want people to remember that after capturing Gilgit Baltistan and so called Azad Kashmir, they separated these two regions, and ensured that people these region do not have any social, political or constitutional contact.

15. In other words, India separated Ladakh from Jammu and Kashmir in August 2019; but Pakistan did that in 1948; but formalised it in the ‘Karachi Agreement’ of April 28, 1949; where puppets of Pakistani Occupied Jammu and Kashmir had to sign on the dotted line or face the music.

16. By this agreement, Pakistani establishment ruled Gilgit Baltistan, and so called Azad Kashmir with an iron fist and against the will of the people.

17. Also the Pakistani establishment assumed the role of ‘representative of people of Jammu and Kashmir’ and advanced the Pakistani agenda in name of people of Jammu and Kashmir.

18. The ‘ Karachi Agreement’ was kept secret for many decades, and only became public during a court petition about Pakistan’s jurisdiction to rule this region in early 1990s.

19. Pakistan’s love and affection with the citizens of Jammu and Kashmir State can be seen from this bitter fact that in the past 70 years, they have not granted fundamental human rights to the people who live under Pakistani control. However, they shed crocodile tears for those living under the Indian control. This hypocrisy must be exposed.
20. Furthermore, Pakistan’s respect for the territory of State of Jammu and Kashmir State can be seen from this callous act that in 1963, without consulting any local people or puppet government of so called Azad Kashmir they ‘gifted’ a large chunk of our territory, around 2,000 Square Kilometres to China.

21. Apart from that, Pakistan abrogated the State Subject Ordinance in 1974, and allowed tens of thousands of Pakistanis to settle in various important parts of Gilgit and Baltistan. That has not only affected demography of the region, but it has also allowed the non-local people to control economy and politics of the region.

22. To rub salt in our wounds, Pakistan, in complete violation of the State Subject laws, granted large chunks of land from various mineral rich and strategically important places to the Chinese.

23. What India has done is wrong, and what Pakistan has done and continue to do is also wrong. If Pakistan is sincere with the people of Jammu and Kashmir, then at minimum, they should:

·      Restore State Subject Laws;
·      Remove all non-local people from territory of Gilgit Baltistan;
·      Take back area they gave to China in 1963;
·      Abrogate all leases of land they have given to Chinese and Pakistanis;
·      Release all political leaders like Baba Jan, Iftikhar Karbalai, Aleem Khan, Irfan Kareem and others;
·      Stop application of Pakistani National Action Plan in territories of Jammu and Kashmir;
·      Allow people to enjoy their fundamental human rights, including right of expression and a right of movement;
·      Stop exploiting our natural resources in GB and in POJK, including diversion of rivers;
·      Merge Gilgit Baltistan and so called Azad Kashmir as one political unit, and recognise them as a sovereign state.
·      Let representative of people deal with the issues related to CPEC and other matters.

Writer is a renowned writer and author of many books. He is also President Foreign Affairs Committee of UKPNP; and Chairman South Asia Watch, London.
Email: Drshabirchoudhry@gmail.com       Twitter:  @Drshabir

Friday, 9 August 2019

Same old drama in name of Kashmir, Dr Shabir Choudhry


Same old drama in name of Kashmir, Dr Shabir Choudhry

What India did, I as an individual, and UKPNP as a forward looking and most pro - active party strongly condemned it. We were the first one to hold a demonstration outside the Indian High Commission, London on Wednesday.

Our struggle for united and independent Jammu and Kashmir with democratic and secular society will continue, but sadly Pakistan is still doing what they have been doing since 1947.

Majority of people of Jammu and Kashmir are against this decision and voluntarily expressing their resentment and anger.

It is sad to note that Pakistani officials, media and political parties are giving this impression that they are doing all this. I have seen different channels and commentators saying:

‘We need to organise people in Bradford, Birmingham, London and in other places in the world to protest against Indian occupation and take part in the Black Day announced by Pakistan for 15 August.’

This is exactly what Pakistan did in 1947, and have been doing since that time. It is because of this redundant policy Jammu and Kashmir struggle is seen as a dispute between India and Pakistan, and we are not even a party to anything, apart from suffering.

We people of Jammu and Kashmir suffer and Pakistan takes the credit. This policy makes political activists of Jammu and Kashmir ‘proxies’ of Pakistan, hence seriously harm our struggle for unification and independence.

We need to think and devise policies to deal with all occupiers, and not appear to become a proxy of any occupier.




Thursday, 8 August 2019

India’s colossal blunder in Kashmir, Ayesha Ray


India’s colossal blunder in Kashmir, Ayesha Ray
The Conversation     9th August 2019
In a stunningly dangerous, undemocratic and secretive move, Indian Prime Minister Narendra Modi and his government repealed Articles 370 and 35a of the Indian Constitution using a presidential order. The government failed to involve all stakeholders in the restive state of Jammu and Kashmir before making its move.

What's known as President's Rule in India - the suspension of state government and imposition of direct central government rule in a state - was imposed in Jammu and Kashmir in December 2018. It was used as the rationale to stealthily push through this latest policy in parliament.
Since there's no legislative assembly in Jammu and Kashmir, the Modi government and Minister of Home Affairs Amit Shah cleverly used Article 367 to make the argument that any changes to the status of the state could be considered legitmate under presidential decree.
Article 370 was created to bind the state of Jammu and Kashmir to India in 1947, after Maharaja Hari Singh signed what was known as the Instrument of Accession. The article gave the region significant autonomy.
The state could have its own constitution, flag and make laws. New Delhi had control over matters of foreign affairs, defence and communications. Article 370 states that Article 1 of the Indian Constitution applies to Kashmir.
However, under the Indian constitution Article 370 cannot be amended without the approval of the constitutent assembly. Article 370(3) states that " ... the President may, by public notification, declare that this Article shall cease to be operative or shall be operative only with such exceptions and modifications and from such date as he may specify, provided that the recommendation of the Constituent Assembly of the State ... shall be necessary before the President issues such a notification."
Without any warning, India's parliament in New Delhi increased troop levels, arrested elected representatives and effectively imprisoned approximately eight million Kashmiris. Indian parliament divided the state into two separate Union Territories - Ladakh, without a legislature, and Jammu and Kashmir, with a legislature.
In the days since this draconian measure was passed, Kashmir remains under lockdown, effectively under siege, with a heavy military presence and no sign of normalcy. This development will likely have disastrous consequences for India and the region.
Unilateral action
This recent move was made without deliberating with Kashmir's representatives. The Modi government's decision to turn a state into a union territory in a single unilateral stroke, without seeking the approval of all Kashmiris, carries serious legal ramifications and constitutional questions.
Does revoking Article 370 make Jammu and Kashmir an independent state? And in that case, does it make India an occupier? Because as long as Article 370 was tied to the Indian Constitution, India could still maintain its legitimate claims to Kashmir.
Absent this article, there's now a question mark on India's legal claim to Kashmir. Another legal snag the government is likely facing is that Article 370 was considered a temporary provision only to be changed or amended by the Jammu and Kashmir Constituent Assembly. However, this assembly was dissolved in 1957, effectively making Article 370 permanent.
In 2018, the Indian Supreme Court further stated that Article 370 had acquired permanent status, making its abolition almost impossible.
Security
Second, this terribly ill-conceived step emboldens Pakistan's claims to Kashmir. It plays right into the hands of terrorist groups like Hizbul Mujahideen, Lashkar-e-Taiba and al Qaida's local unit, Ansar Ghazwat-ul-Hind, providing them with the ideal cause to radicalize Kashmiri youth.
By holding its own citizens hostage, the Modi government has turned previously pro-India Kashmiris against India. From a national security perspective, this is a stunningly ill-advised and appalling step.
Further, the Modi government has repealed Article 370 on grounds that "integration" of Jammu and Kashmir is the goal to bring peace, stability and economic prosperity in the region. Contrary to the stated objective, the evidence proves otherwise.
Now that Kashmir is a union territory of India, will it still be treated separately from the rest of India with a continued massive military presence remaining in the state? The case for integration, peace and prosperity cannot be made through brute force.
But that's exactly what the Modi government has accomplished. As far as development is concerned, who will invest in a heavily militarized region?
Hindu nationalism
Fourth, revoking Article 370 has always been part of the Bharatiya Janata Party's (BJP) manifesto. Essentially, the party's intent to revoke Article 370 is to redress the wrongs done to Kashmiri Pandits, the Hindu minority that was ethnically cleansed at the start of the Kashmir insurgency against the Indian government that began in the late 1980s. While Pandits are well within their rights to ask for resettlement, this latest order aims to accomplish the insidious goal of creating a predominantly Hindu majoritarian state.
Revoking Articles 370 and 35a will now allow any Indian to reside in the state. This will potentially change the demographics heavily in favour of India's Hindu majority.
The failure to include Kashmiri Muslims in deliberations and discussions on the matter will prove costly, and there will likely be catastrophic consequences for India. There is no reason for Kashmiri Muslims to trust India ever again. Violence, rebellion, dark days and a war with Pakistan are, in all likelihood, on the near horizon as a result of India's latest move against Kashmiris.
Author: Ayesha Ray - Associate Professor, Department of Political Science, King's College The Conversation