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| CONFLICTS ABOUT J&K STATE- FACTS FOR COMMON MASSES | | | Mahadeep Singh Jamwal | 1/10/2016 11:37:57 PM |
| The minds of the common people of Jammu and Kashmir State have been diluted with regard to the conflicts of Accession, Territorial Conflict and, Plebiscite. Majority of the people stand confused on these so called burning issues, but in practical way it is required to be understood in its real prospective. The people stand confused simply owing to the reason of their elaboration by some vested interest, in a way which suit to them, that may or may not be based on true facts. The State of Jammu and Kashmir was earlier under the rule of Hindus and Muslims as Jammu and Kashmir separate identities. It came under the rule of Mughals under Emperor Akbar. After the period of Afghan rule from 1756, it was annexed to the Sikh Kingdom of the Punjab in 1819. On 16th March 1846, the Jammu and Kashmir State came into being as a single political and geographical entity as a result of 'Treaty of Amrirsar' governed by the Dogra rulers, till the time India gained independence. At the time of Accession of the princely state of Jammu and Kashmir with Domain of India, the area under the rule of then Maharaja, was the area presently administered by Union of India in Jammu and Kashmir State, area administered by Pakistan as Azad Kashmir & Gilgit - Baltistan and Aksai Chin area, administered by China. To understand the things in its real perception by a common man, it is explained so :
Accession : Prior to Accession there were internal conflicts, about the rule of Maharaja, by the leaders of Muslim community, dominating the State. The situations prevailing in the State and circumstances culminating in the accession of State with Dominion of India finds historical mentions as under :
" On 14th of July 1931, a demonstration against autocratic Rule in the State was held at Srinagar. The demonstrators were fired upon by the troops of the Maharaja, resulting in the death of dozens of demonstrators. This resulted in a huge public upheaval in Kashmir.
" On 16 October, 1932 the first political party 'Kashmir Muslim Conference' was formed, with Sheikh Abdullah as President. The Muslim Conference had come into existence to struggle for the rights of all oppressed sections of the society.
" In 1934 'PRAJA SABHA' was established by Maharaja with 33 elected members and 42 nominated members from both Hindus and Muslims.
" In 1934 the first legislature of the Princely State of Jammu and Kashmir, was established by the government of the Maharaja Hari Singh. It was considered as un-democratic and un-representative in character by the majority of the population, owing to the restrictions on the participation of political parties.
" On 24 June 1938 under a resolution Muslim Conference' was renamed as National Conference'.
" On 28 August 1938, Sheikh Abdullah, leader of 'National Conference' submitted 'Naya Kashmir' charter of demands, to ruler of the state Maharaja Hari Singh, demanding to convert the Jammu and Kashmir State from an absolute Monarchy to a Constitutional Democracy.
" The Maharaja declined to accept these demands and imposed prohibitory orders. Sheiks Abdullah along with many of his companions were arrested.
" On 24 February 1939, Sheikh Abdullah was released after serving his sentence.
" In May 1946 Sheikh Abdullah launched the 'Quit Kashmir' agitation against the Maharaja Hari Singh. Sheikh Abdullah was arrested and sentenced to three years imprisonment.
" On 29 September 1947 Sheikh Abdullah was released. A grand reception was accorded to him by the public on his release. This also established Sheikh Abdullah as popular leader across the entire state. Meanwhile the British ruled India went into partition as per the Indian Independence Act 1947 of Parliament of the United Kingdom. As a result Pakistan and India came into existence on 14 August and 15 August 1947 respectively as Independent Nations. There were almost 565 independent principalities, in British India, they were allowed to accede either of the two Nations or to remain Independent. Almost all such principalities acceded to either of the two Nations and some preferred to remain independent and State of Jammu and Kashmir was one of such independent principalities who preferred to stay independent.
The Maharaja of the State went on to sign a 'Standstill Agreement' with both Nations. The request of Maharaja dated 12th August 1947 for standstill agreement was accepted by The Pakistan through a telegraphic message dated 15th August 1947 itself. The Pakistan violated the standstill treaty and, in an effort to secure Kashmir, launched Tribal Lashkar from Waziristan, with the help of irregular Pakistani forces. This was initially fought by the J&K State forces, facing the assault and a Muslim revolution in the western border of the State, the ruler of the Princely State of J&K signed an Instrument of Accession to the Domain of India. The accession of state document tailored on 26th day of October 1947 by Maharaja of Jammu and Kashmir and accepted by Governor- General of India on 27th day of October 1947. The Indian Independence Act 1947 of Parliament of the United Kingdom provides that "The Government of India Act 1935, as so adapted by the governor-general, provides that an Indian State may accede to the Dominion of India by an Instrument of Accession executed by the Ruler thereof". As an outcome of the Accession, the Indian Government dispatched Military forces to defend Kashmir. These basic fights ultimately lead to first Indo-Pak war- 1947, fought on the soil of Kashmir for the territory of Kashmir and it laid the foundation of Territorial Conflict in Jammu and Kashmir.
TERRITORIAL CONFLICT: The territorial conflict started just after the partition of British India. The territorial conflict in Jammu and Kashmir regarding areas is with two Nations i.e. Pakistan and China. The Indian claim with Pakistan lies on the area under Azad Kashmir (Pakistan occupied Kashmir) and Gilgit -Baltistan, the area which was ruled by then Maharaja of Princely State of J&K prior to Independence of the country. The area India administering in J&K is just 43% of the claimed region including most of Jammu, the Kashmir valley. India's claim contested by Pakistan, which administers approximately 37% of Kashmir namely Azad Kashmir and the Northern areas of Gilgit-Baltistan. The area under illegal occupation of China in Aksai Chin, after Sino-Indian war of 1962 is 20%.The area under Indian administrated Jammu and Kashmir is 01, 01,387 km2, and area under Pakistan administration is 78,114 km2 (Azad Kashmir), 5,180 km2 handed over by Pakistan to China and 37,555 km2 under the administration of China in Ladakh region.
Azad Kashmir: is a self governing administrative division of Pakistan, which lies west of the State of Jammu and Kashmir. It was previously part of the former princely State of Jammu and Kashmir, which ceased to exist as a result of the first Kashmir War fought between India and Pakistan in1947. The Azad Kashmir (Pakistan Occupied Kashmir) is divided for administration into three divisions which, in turn are divided into ten districts.
" Division Mirpur: Districts are Bhimber, Kotli and Mirpur.
" Division Muzaffrabad: Districts are Muzaffrabad, Hattian, and Neelam.
" Division Poonch : Districts are Poonch, Haveli, Bagh, and Sudhanoti.
The Gilgit-Baltistan: is autonomous self governing region of Pakistan; it borders Azad Kashmir to the South and Jammu and Kashmir to the Southeast. It is amalgamation of Gilgit, Baltistan and of two formerly princely states of Hunja and Nagar. The area of Gilgit and Baltistan was part of erstwhile Princely State of Jammu and Kashmir. The Gilgit-Baltistan region is divided into two divisions.
Baltistan Division: Districts once part of formerly princely state of J&K are Ghanche, Shigar, Kharmang, Skardu, and Gultari. Gilgit Division: Districts once part of formerly princely state of J&K are Gilgit, Diamer, Ghizer, and Astore. China Occupation: The territorial conflict with China in Jammu and Kashmir is with regard to the Aksai-Chin. The Aksai Chin claimed by India as a part of the Ladakh region of Jammu and Kashmir State, but it is administered by China as part of Hotan County, which lies in the South western part of Hotan prefecture of Xinjiang Autonomous Region. Aksai Chin is the disputed border between India and China in Jammu and Kashmir State. The India and Pakistan have fought, on three occasions, on Kashmir as Indo-Pakistan Wars of 1947, 1965 and 1999. Indo-Pak 1947 War: was fought between India and Pakistan over the territory of Princely State of Jammu and Kashmir and precipitated the war a few weeks after independence by launching Tribal Lashkar from Waziristan, in an effort to secure Kashmir with the help of irregular Pakistani forces. This war was initially fought by the J&K State forces, facing the assault and a Muslim revolution in the western border of the State, the ruler of the Princely States of J&K, signed an Instrument of Accession to the Union of India. The Indian and Pakistani armies entered the war after this. The first Kashmir war (1947-48) was concluded with the fronts solidified gradually along what came to be known as the Cease-Fire Line, which bisected the Baltistan district, with the town and district of Kargil lying on the Indian side in the Jammu and Kashmir. Indo-Pak 1965 War: The Indo-Pakistan War of 1965 was a culmination of skirmishes that took place between April 1965 and September 1965 between both Nations. It was the outcome of the Pakistanis operation styled as 'Operation Gibraltar' designed with the ugly ulterior motive of pushing forces into Jammu and Kashmir to precipitate an insurgency against Indian Rule. It was retaliated by India by launching full scale military attack on West Pakistan. The Pakistan lost more territory than it gained during the war and failed to achieve its goal of capturing Kashmir.
1999 Kargil War: also known as the Kargil conflict was an armed conflict between India and Pakistan that took place between May and July 1999 in the Kargil district of Kashmir and along the Line of Control. The India termed it as 'Operation Vijay'. The cause of war was the infiltration of soldiers and Kashmiri militants into positions on the Indian side of the LOC. This was solely to free the Kargil area occupied by infiltration of Pakistan soldiers and militants. Before the partition of the India, Kargil was part of the Baltistan district of Ladakg, a sparsely populated region with diverse linguistic, ethnic and religious groups, living in isolated valleys separated by some of the world's highest mountains.
The Indo-China 1962 war: The India and China fought war on pretext of disputed Himalayan border, but other issues played a role. It was fought from 20th October to 21st November 1962 on locations of Aksai Chin and North-East Frontier Agency. Chinese victory is claimed in this war. As a result the Aksai Chin fell into the exclusive control of Chinese.
Various agreements: Some of the agreements between countries having territorial conflicts in J&K, after various wars are:
Tashkent Declaration: The ceasefire declared with regard to Indo-Pak 1965 War, following intervention by the Soviet Union and the United State, which lead to issuance of 'Tashkent Declaration'. The 'Tashkent Declaration' was treaty between India and Pakistan signed on 10 January 1966. A meeting was held in Tashkent in the USSR from 4-10 January 1966. The talks between Indian PM Lal Bahadur Shastri and Pakistan President Muhammad Ayub Khan were moderated by Soviet Premier Alexei Kosygin. Under this treaty the conquered region in Pakistan was given away and Indian and Pakistan forces moved to their pre-conflict positions. This agreement drew severe criticisms in both the countries. The India lost its PM in suspicious circumstances at Tashkent and Pak President suffered his down fall in Pakistan.Shimla Agreement: The 'Shimla Agreement was a treaty signed by Zulfiqar Ali Bhutto, the President of Pakistan, and Indira Gandhi, the Prime Minister of India in Shimla, capital of Himachal Pradesh, on 2nd July,1972. The document was signed on 0040 hours in the night of July 3, 1972. This agreement was to 'settle the differences between both Countries by peaceful means through bilateral negotiations'. Under this agreement treaty 'Cease-Fire Line' emerged during the Indo-Pak 1947 War was re-designated as 'Line of Control'. This agreement has eroded its sanctity at present.
1996 agreement: It was an agreement between India and China to resolve the dispute which was concluded including "Confidence-building measures" and a mutually agreed 'Line of Actual Control'.
The territorial conflict require a viable solution as it is the most hottest burning issue and always had given pains and wounds especially to the people of the Jammu and Kashmir in many forms that may be direct wars with the Pakistan, Insurgent tactics, Militancy activities, survival of certain organizations only by riding over this issue and criminals operating under the garb of these type of live tactics and even from own forces working to curtail this problem.
Plebiscite: It is voiced sometimes by vested interests in the State in order to remain in lime light, whenever they feel pushed to the corner. A common man with a vision has to be aware about some facts, which are linked with this word, the Plebiscite: If we go through the Accession Document signed by Maharaja, we nowhere find any mention of further ratification of the accession at any point of time. It was an option available in the Indian Independence Act, 1947, by virtue of Government of India Act, 1935, adopted and applied to Dominion of India. And Government of India Act, 1935 provides that "an Indian State may accede to the Dominion of India by an Instrument of Accession executed by the Ruler thereof". This provision has not prescribed any alternate or option as plebiscite and to accede, authority rested with Ruler and has been applied in real perspective.
Furthermore, Constitutional provisions, which came into force from 26 January 1950, states that all law made before this constitution came into force, will be abolished, if they don't match with basic philosophy of the Constitution. The basic structure of the constitution says that 'Unity and Integrity' of Nation is the one of the basic structure of Indian Constitution. The Constitution itself provides that any bill related to territory of India have to be passed by massive 2/3rd majority in both houses of Parliament of India, and then it require assent by the President of India. Further that if that bill is against basic structure of Indian Constitution, the Supreme Court of India can outlaw or abolish that act via Judicial Review. The oath taken by every MP before assuming office that they will maintain 'Integrity' of India also to be taken care of.
The Constitution of Jammu and Kashmir, was adopted by The Jammu and Kashmir Legislative Assembly, an elected body in 1956. The Constitution of Jammu and Kashmir adopted its Preamble as: 'We, the people of the State of Jammu and Kashmir, having solemnly resolved, in pursuance of the, accession of this state to India, which took place on the twenty seventh day of October, 1947, to further define the existing relationship of the state with the Union of India as an integral part thereof;
" Article 3 in part 2 of the J&K Constitution provides that 'The State of Jammu and Kashmir is and shall be an integral part of the Union of India.
" Article 48 of part VI of defines Pakistan Administered Kashmir as: Pakistan Occupied Territory.
" Article 147 of part 12 is about amendment which states that: No bill shall be introduced or moved in State Legislature Assembly to amend or change Article 3 and 5". Some people commenting on the issue in context to the lines of a letter addressed to Maharaja of J&K by Mountbatten as that 'it is my government's wish that, as soon as law and order has been restored in Kashmir and her soil cleared of invaders, the question of state's accession should be settled with a reference to the people',. It is to be realized that it was only a wish and not any stipulation with regard to acceptance of accession, whereas the endorsement regarding acceptance is very much clear and, it goes as 'I do hereby accept this instrument of accession dated this twenty seventh day of October Nineteen Hundred and Forty Seven'. So the Constitution both of Union of India and Jammu and Kashmir State gives no authority to speak on this issue not based on real perspective.
mahadeepsingh 999 @gmail.com |
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