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| Separatists can't mislead people anymore | | Setting the record straight | | Early Times Report
JAMMU, Dec 10: For those who are ignorant, the ideology of the Hurriyat Conference (a conglomerate of over two dozen Pakistan-funded outfits) is that "Jammu & Kashmir is a disputed territory and India's control of it is not justified". It supports the Pakistani claim that Kashmir is the "unfinished agenda of Partition" and needs to be solved "as per the aspirations of the people of Jammu & Kashmir". And don't forget that the Hurriyat includes the J&K Liberation Front of ex-terrorist Yasin Malik with which Farooq Abdullah, NC president, is alleged to "have been links with".
The unstated "logic" behind the Hurriyat argument is that "just as India itself was partitioned into India (Hindustan) and Pakistan on the basis of religion of the majority of the population, Jammu & Kashmir State should also be similarly divided and because it has a pronounced Muslim predominance, it should be included in Pakistan". The proportions of Muslims and non-Muslims in the state is about 60:40.
A known ideologue of the above objective is Mirwaiz Umar Farooq, chairman of the Awami Action Committee, a member of the Hurriyat, who has been acting as a religious and political person at the same time in Kashmir, and Farooq is seen as the spiritual leader of Kashmir's Muslims. The foundation for his suggestion for resolving the so-called Kashmir issue is "the fact that right to self-determination for the people of J&K is non-negotiable". Obviously, the man is advocating a Plebiscite which he's sure will lead to the Jammu & Kasmir people voting for either an independent Kashmir State or for merging with Pakistan.
But time has come to apprise Mirwaiz, Farooq Abdullah and others of their ilk certain relevant historical facts.
One, His Majesty's Government's announcement of June 3, 1947 made it clear that its provision for the creation of two independent dominions was only for the provinces comprising British India. It said the Muslim-majority areas in British India should constitute the Dominion of Pakistan and the Hindu-majority areas should constitute the Dominion of India. A small para in that announcement made it clear that the "communal basis of the division of India would not affect the Princely Sates at all" and that they all would be made "legally independent" so that the sovereignty of these States would revert to the Ruler.
The power to accede to either Dominion was given to him and he was to sign the Instrument of Accession in exercise of his "sovereignty in and over his State."
Two, in his address to the Chamber of Princes on July 25, 1947, Lord Mountbatten, British India's Governor-General and Crown Representative advised the Princes that "although legally they had become independent, they should decide to accede to one or the other Dominions keeping in mind the geographical congruity of their States". "Accession," he told them, "was to be under the Cabinet Mission Memorandum of May 16, which contemplated surrender to the Central Government of only three subjects, Defence, External Affairs and Communications". After warning the States "if you do not link with one or the other Dominions, you may be cut off from any source of supply". He thereafter caused a draft Instrument of Accession which provided for surrender to the appropriate Dominion the power over the afore-mentioned three subjects, without any financial liability.
Three, in June 1949, the Yuvraj of Jammu & Kashmir, Karan Singh, on the advice of his Council of Ministers (read Sheikh Abdullah), nominated four representatives to the Indian Constituent Assembly, Unlike those from other States, the Jammu & Kashmir State's "representatives" made it clear that "Jammu & Kashmir's association with India would be based only on the terms of the Instrument of Accession (IOA). More importantly, under clause (7) of the IOA, the Jammu & Kashmir State did not commit itself to the acceptance of any future Constitution of India. Clearly, the people of Kashmir and not of Jammu and Ladalk, led by Sheikh Abdullah (father of Farooq) was harbouring a new Constitution for the State to replace its earlier one of Jammu & Kashmir Constitutional Act of 1939 created by the State's Maharaja.
Four, there were two ironies in this regard. First, although the State's four representatives were in the Indian Constituent Assembly to enact a new Constitution for free India, the ultimate Constitution of India (which came into force on January 26, 1950) was allowed to include Jammu & Kashmir as a part of the Territory of India in Article 1 itself. Secondly, although the State representatives were initially obstinate about strictly restricting the Central Government's legislative control to the three subjects in the IOA, the Indian Constitution was allowed to include (albeit as a temporary provision) the controversial Article 370 which, under Sub-section (1) (d), permits the provisions of the Constitution of India to be applicable to Jammu & Kashmir State, albeit with the consent of the Sate government.
Five, on May 1, 1950, Yuvraj Karan Singh issued a proclamation calling for an election, on the principle of universal adult franchise, to constitute a Constituent Assembly for framing a Constitution for the Jammu & Kashmir State. The elections to that Assembly were completed by August that year. And the first meeting of that Constituent Assembly was held on October 31, 1951. He called that day as the "date of destiny… A date which comes only once in the life of a nation". He then listed the main objects and functions of that "Sovereign Assembly." One of the items in that list was "to declare its reasoned conclusions regarding accession of the State. And what emerged was Jammu & Kashmir State Constituted enacted on November 17, 1956.
The most significant stone it made is in its Section 3 cited at the beginning of this article. And what was most conspicuous about that Section is that it is not amenable even to a Constitutional amendment. "This was done to avoid fissiparous tendencies raising their ugly head in the future".
The separatists must stop murdering history and facts. It would be only desirable if the country starts saying that Jammu & Kashmir is an integral part of India.
It is. It should start saying PoJK and Gilgit-Baltistan are integral parts of India. This is must to defeat the Farooqs and others. |
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