Dr Muhammad Khan
AS the main stakeholder of the Kashmir dispute, the state of Pakistan and its resilient masses cannot allow India to absorb India-occupied Jammu and Kashmir (IOJK) into Indian Union. On their part the people of IOJK are continuing their protests against illegal and unilateral act of India which it took on August 5, 2019 by undoing the special status of the State. After passage of one year of unilateral and illegal Indian act of annexing IOJK, there has been no change in the valiant struggle of Kashmiris for their right of self-determination which really worries New Delhi. Despite remaining under lockdown, siege and strict curfew for a year, Kashmiris did not accept Indian demands and refused to surrender in front of one million strong security forces, deployed in all parts of IOJK, especially the Valley area. They have once again refused to accept Indian Constitution and rejected the label of calling themselves as Indian subjects (Indian nationals). The bravery, valour and enthusiasm, the people of IOJK demonstrated in last one year of siege and curfew has no parallel in history.
There are three major reasons as to why Pakistan should not allow India to absorb IOJK into Indian union. First; Kashmir is unfinished agenda of partition of Indian subcontinent, thus it has to be resolved as per the principles of Indian partition plan and Indian Independence Act passed by British Parliament on July 17, 1947 and got Royal Assent on July 18, 1947. The partition plan was based on the fundamental principle that ‘transfer of power should take place according to the wishes of the people.’ As specified in the partition plan, “The all Muslim majority areas were to constitute part of Pakistan and similarly the Hindu majority areas were to go to India.” The State of Jammu and Kashmir was a Muslim majority Princely State with geographical contiguity with Pakistan, thus it had to become part of Pakistan. For the last seven decades this reasoning has served as the baseline of Pakistani claim to pursue the resolution of Kashmir dispute. Yielding over to Indian annexation of IOJK into Indian union would mean, Pakistan had a wrong claim for seven decades or else it is abandoning its claim under pressure which a nuclear power with highly professional and powerful military and resilient masses should never opt for.
Second; Kashmir dispute is all about the UN guaranteed right of self-determination for the people of Jammu and Kashmir. This principle for the right of self-determination, enshrined in UN Charter is guaranteed to Kashmiris through a number of UN resolutions, which stand valid and applicable until the dispute is resolved as per the wishes of Kashmiri masses. The people of Jammu and Kashmir are not ready to surrender from their basic right of self-determination. The right of self-determination has been the baseline for the legal, political and diplomatic thrust of Pakistani efforts for the resolution of Kashmir dispute at United Nations as well as at other international forums. This fundamental right was the starting point of Kashmiri’s struggle in 1947 and served as the pivot of Pakistani persuades over the Kashmir dispute right from the origin of this dispute. If given this fundamental right, Kashmiris would opt to join Pakistan, which runs counter to Indian narrative. Owing to this ground reality, India has constantly denied the conduct of a free, fair and impartial plebiscite in Kashmir, otherwise Prime Minister Nehru had promised Kashmiris their right to self-determination in line with UN resolutions. Today, any leniency over the Indian illegal annexation of IOJK would mean a big compromise over this fundamental right of Kashmiris which cannot be recuperated at any belated stage.
Third; the sacrifices rendered by the people of Jammu and Kashmir since last seventy-three years to get rid of Indian occupation and to join their dreamland Pakistan cannot be overlooked. Leaving aside the deaths and casualties of Kashmiri masses from 1947 to 1989, there is unparalleled record of Kashmiri sacrifices from 1990 onwards. From Jammu province alone, over 250,000 Kashmiris lost their lives while travelling from Jammu to Sialkot at the time of partition in 1947. From 1990 to-date (2020) there are recorder deaths of over 100,000 Kashmiris in IOJK. Thousands of those disappeared and arrested by Indian security forces are besides declared killed. Over 20,000 women have been raped and molested in various parts of IOJK since 1990. Thousands of the houses have been burnt and fruit trees and crops spread over thousands of acres have been destroyed by Indian occupation forces in IOJK since the start of this struggle in 1990. The supreme sacrifices of the people of IOJK which they rendered to get rid of Indian occupation and to join Pakistan cannot be undermined. Besides, the armed forces of Pakistan have fought three wars with India over Kashmir in which thousands lost their lives (martyred).
A huge part of defence budget of Pakistan is spent for the maintenance of armed forces in AJK and GB. All these facts convince that the traditional stance of Pakistan on Kashmir needs to be reinforced and made further strong without any tolerance over Indian annexation of the state as union territories. The marvellous and unrelenting struggle of the people of IOJK demands that Pakistan should make serious political and diplomatic efforts for the reversal of Jammu and Kashmir Reorganization Act-2019 and for the grant of right to self-determination of the Kashmiris. This all warrants massive mobilization of international community, the United Nations and other international forums through political engagements and proactive diplomatic overtures. The State of Pakistan, its resilient masses and armed forces cannot allow any clemency over the traditional Pakistani stance with regard to Jammu and Kashmir.
— The writer is Professor of Politics and IR at International Islamic University, Islamabad.
