Dr Talat Shabbir,
Hibah Najeeb
KASHMIR, British Empire’s unfinished agenda of partition now turns into a grave security and human rights issue in the region. The dispute dates back to 26 October 1947, when after the partition of the subcontinent, the ruler Maharaja Hari Singh signed the instrument of accession with India against the will of majority of the population. That resulted into a brief war between India and Pakistan. Towards the end of war the United Nations passed a resolution stating that the question of the ‘accession of the State of Jammu and Kashmir to India or Pakistan will be decided through a free and impartial plebiscite’. Meanwhile on 26 January 1950 the Indian Constitution came into effect and extended to the whole of India. It was, however, manifestly clear that it did not apply to Jammu and Kashmir as it did to the rest of India. Under Article 370 of the Constitution, Jammu and Kashmir was granted a special status with a view to maintaining a degree of autonomy. An agreement, between Sheikh Abdullah, then Chief Minister of Jammu and Kashmir and Jawaharal Nehru, the Prime Minister of India was also signed which is referred as Delhi Agreement of 1952. United Nations Security Council though expressed concerns over this arrangement.
On 5 August 2019, India played bold and smart. After having imposed a complete communication blackout in India-cccupied Kashmir and putting Kashmiri leadership, activists and journalists under confinement, India revoked Article 370 of the Constitution that guaranteed special status to Jammu and Kashmir the legal link between India and Jammu and Kashmir. A harsh curfew has taken over the lives of Kashmiri people. Unconstitutional step that Modi Government has taken would have besides legal implications, serious demography related consequences in time to come. The high court of Jammu and Kashmir had in October 2015 ruled that Article 370 cannot be annulled as the Clause (3) of the article bestows the power to repeal the article upon the State Constituent Assembly. Hafsa Kanjwal, an Assistant Professor of South Asian History says ‘Article 370 is the only legal link between India and the disputed state. For it to be revoked, it has to be approved concurrently by the Jammu and Kashmir Constituent Assembly’. Since currently there is no Government or Constituent Assembly in Jammu and Kashmir so it is unlawful to revoke Article 370.
By initiating this move, the Modi Government has not only rendered the Instrument of Accession annulled but has also violated the Simla Agreement as Simla Agreement clearly stated that all decisions regarding Kashmir shall be made bilaterally neither of the state could unilaterally act and make changes to status of Jammu and Kashmir. The act has also violated the relevant clauses enshrined in the United Nations Security Council (UNSC) resolutions. Prime Minister, Imran Khan during the joint session in Parliament stated that Indian designs would put the region in precarious situation as both the countries are nuclear armed countries and confrontation between two nuclear powers can be devastating. Similarly, in a statement issued on 8 August UN Secretary-General António Guterres said he had been following the situation in Jammu and Kashmir ‘with concern’ making an appeal for ‘maximum restraint’. ‘The position of the United Nations on this region is governed by the Charter and..….applicable Security Council resolutions’.
The situation in Jammu and Kashmir is indeed grim, volatile and perilous. Kashmiris are suffering the worst kind of atrocities at the hands of security forces. Shadows of Kashmiri genocide are looming large in IoK. Kashmiri leadership is confined to jails or their houses. There is complete blackout in IoK and security forces are beefed up to deal with any resistance from Kashmiris. Most important is the time which is fast running out. The response by international institutions and community is justifiably weak as they stand to gain more from India. Support by the so called Ummah has also been insignificant as states have their interests ahead of Ummah’s agenda. In a well-timed move, a brother Muslim country chose to give Prime Minister Modi with highest civilian award for his known services. Pakistan, one of the stakeholders of situation, is trying to play its role as effectively as possible. There is two pronged approach that Pakistan should follow. One is diplomatic options and other is military options. In the given situation, it makes perfect sense to use these options with wisdom, resolve and aggressiveness. Rhetoric of ‘political, moral and diplomatic support’ has not worked in the past so will it not work today. One has to think and act differently. The grave situation that we are faced with might open avenues. What all we need to do is to rise to the occasion and do what is right. Time is running out. India has always been buying time and that has complicated the issue. It is not only the military but resolve of the whole nation which will make the difference. We have limited choices and we must make best use of them.
—The writer is Director, China-Pakistan Study Centre (CPSC) Institute of Strategic Studies, Islamabad (ISSI).
