Reported by:Mushtaq Ahmed Khan & Ayesha Mustafa Advocate (Islamabad Pakistan)
The Kashmir issue has four main actors at present, Pakistan, India, China and United Nations
Organization was(UNO). Pakistan’s stand on Kashmir is based on many principals. . Two nation theory. Pakistan was founded and demanded on the basis of two nations theory . There were two different nations in Indian sub continent, The Hindu and the Muslims . And the 3rd June 1947 partition plan clearly indicated that the princely states may join either of the two dominions with the consideration of geographical contiguity and communal or religious connection.Since Kashmir had Muslim population ruled by Hindu Maharaja. Therefore Kashmir belonged to Pakistan naturally, geographically and morally .
On 19 July 1947 a number of 58 leaders of Muslims conference had passed a resolution to join Pakistan on the basis of two nations theory in the fear that ruler of Kashmir maharaja Hair Singh was a Hindu and he would definitely opt to join with India . So a large number of Muslims had opted for Pakistan whereas maharaja neither asked any political party nor any political process like referendum or plebiscite was held .
Pakistan has always supported Kashmiri brethren on moral grounds and condemns the brutal violence on Kashmiri population. India and Pakistan have fought first war on Kashmir which started in November 1947 on Indian invasion in Kashmir and lasted till August 1948. India went to United Nations on 1st January 1948. On 13 august 1948 UN security council passed a resolution in which India and Pakistan were asked to withdraw their forces from Kashmir . Due to UN intervention the war ended between India and Pakistan . United Nations Security Council established a military observer group on India and Pakistan (UNMOGIP) in 1948. The main duty of this groups was to monitor ceasefire line (later became line of control ). The UN resolution also stressed on holding of fair and free plebiscite to be held in Jammu and Kashmir once law and order situation becomes normal. India herself went to the UN but never acted upon the UN resolution towards withdrawal of forces and holding of plebiscite .
India claims Kashmir on main principal that Kashmir is its internal issue and believes that maharaja has signed accession with India whereas it’s not the fact . Actually the founders of modern India Jawahar lall Nehru and Mahatma Gandhi both had Kashmiri roots there fore they were more inclined towards Kashmir. In spite of many pledges and promises made by Nehru India is not ready to give right of self determination to Kashmiris and always blames Pakistan and has tried many time to get Pakistan engaged in Balochistan with the same situation as in Kashmir but always failed . India has used all the weapons to threaten Pakistan ..to holding elections in Kashmir, brutal killing of Kashmir youth, use of pallet guns but Kashmiris have put all the Indian efforts in vain by giving their lives, by sacrificing their innocent youth. India has failed in Kashmir badly .. keeping seven hundred thousand troops in Kashmir they made the Kashmir a military state, Largest military deployment in such region of the world . But even then they are not able to get sympathies or support of Kashmiri people . Kashmiris demand freedom in front of guns and tanks .They are not satisfied with any other adjustment except right of self determination.
India is feared that giving right of self determination to the people of Kashmir will threaten the territorial integrity of India because dozens of separation movements are undergoing in its conflict prone northeastern area called seven sisters; Assam, Nagaland, Manipor, Arunachal pardesh, Mizoram, Tiripura, and sikam. Giving right of self determination to the people of Kashmir will automatically raise the desire of these states for their own freedom . Whereas, I think this is not true because if you give right of self determination to the most demanding state of Jammu and Kashmir where hundreds of thousands of people have been killed by Indian security forces for the crime of demanding this right . If you give them this right of self determination the world will appreciate your fair play and justice and I think the other freedom wanting states will be satisfied living with you because of your equality and justice instead of using pallet guns and killing innocent unarmed , stone throwing people.
Kashmiris living on both side of line of control have mixed feelings. Overwhelming majority of people of Indian occupied Kashmir want to join Pakistan . The example of their love to Pakistan is reflected
when their youth is
killed by the Indian forces, they wrap the coffin box with Pakistani national flag and burry it with Pakistan national anthem. They start the cricket and football or volley ball matches with Pakistani anthem .Seventy years have gone, the people of Kashmir never showed any weakness in their demand, they never bow down in front of Indian brutal acts, killing, rapes by security forces , brutal killing of their leaders, hanging freedom fighters.
Out of four major actors of Kashmir conflict, all have different point of view on Kashmir issue . Pakistan views it as a major human rights issue of the world with disputed territorial boundaries with India which was left unsettled by British umpire at the time of leaving the subcontinent and division into two dominions. Indian see it as a hurdle in regional trade and cultural ties with Pakistan. India had herself gone to UN for solution of Kashmir issue but when United Nations passed the resolution to give right of self determination to the people of Kashmir, refused implementation on it. India has been telling the world that the Kashmiris have been participating in the elections process so this is the democratic way of accepting the constitution of India . To kill this Indian point of view, Kashmiris had boycotted the elections in 1987 where turn outwas 3.5 percent which is a joke in the history of democracy. From then the Kashmiris never participated in general elections under Indian constitution therefore this Indian point of view has been rejected by the Kashmiris. Last year elections of lok sabhaonly 5.4 percent was turn out from Kashmir.
The United Nations Security Council Resolution no 47, adopted on April 21, 1948, concerns the resolution of the Kashmir conflict. After hearing arguments from both India and Pakistan, the Council increased the size of the Commission established by United Nations Security Council Resolution 39 to five members (with representatives of Argentina, Belgium, Columbia, Czechoslovakia and the United States), instructed the Commission to go to the subcontinent and help the governments of India and Pakistan restore peace and order to the region and prepare for a plebiscite to decide the fate of Kashmir. In the clause B of this resolution it a clearly mentioned that the government of India should undertake that there will be established in Jammu and Kashmir a plebiscite as soon as possible on the question of accession of the state to India or Pakistan . But India never let the situation in Kashmir become normal. Since last 70 years, the valley of Kashmir is under fire of Indian security forces, threat and brutality by the Indian forces, they pick a boy from his house in front of his mother and family members in the wake of search, his dead body is found in the next morning, bloodshed, gang rapes, brutal killings, bombings, putting holy places on fire have become routine feature of Indian occupied Kashmir. Where as the people of Azad Kashmir are living in a normal way with the people of Pakistan, they have defended the boundaries of Pakistan by giving their lives, patiently facing the shelling by Indian forces on line of control and working boundary . People of Azad Kashmir love living in Pakistan. They showed as they are the real Pakistani . They take active part in political, social, cultural system of Pakistan and actively taking part in the progress of Pakistan .
There is not a single person in Azad Kashmir who wants to join India, no, never, not at all. People are happy that their forefather had liberated this area from Indian army. However the people of Azad Kashmir are worried about their brethren in Indian occupied Kashmir . There is a factor in youth who think that if right of self determination is given to the people of whole Jammu and Kashmir and a third option is given to them, they may go for independence but they are very few, out of a percentage .
In the early days of first war between India and Pakistan in 1947-48, the United Nations actively got involved in Kashmir when India referred the Kashmir issue to UN. It means the United Nations took action when India wanted it but after that never took any interest on the killings in Kashmir . UN never took any interest towards implementation of its own passed resolutions. The UN has actively took interest in Kashmir for five times
(1) during first war between India and Pakistan in 1948 when security council directly intervened and the cease fire took place.
(2). The suggestion of establishment of bases of agreement by the UN commission on India and Pakistan from July 1948 to December 1949.
(3). Informal mediation at the end of 1949 by General A.G.L McNaughton president of the security council at that time .
(4). The proposal of Sir Owen Dixon Australian Jurist and diplomat in his capacity as UN representative for India and Pakistan from April to September 1950.
(5). The efforts of Dr frank graham, to secure the parties agreement to a program of demilitarization which is a pre-requisit for mutually agreed plebiscite. During these five phases UN took keen interest . UN established ceasefire and monitored the activities of Indian and Pakistan forces as a peacekeeper through UNMOGIP It was India who took the Kashmir issue to the United nations security council on 1st January 1948 under article 35 of the UN charter against Pakistan for its assistance of tribesmen and other invaders to violate the sovereignty. Pakistan positioned it’s stance too by charging India for its forceful occupation of kashmir without the consent of the local Kashmiris towards the instrument of accession . The first resolution was passed in which India and Pakistan were asked to hold bilateral dialogue . And in the second resolution UNMOGIP was assigned the task to prevent clashes between India and Pakistan .