Road map for resolution of Kashmir problem

Dr G M Athar
July 27, 2016 OPINION 560 Views
Road map for resolution of Kashmir problem

As every politically informed person of Kashmir knows that the former princely state of Jammu and Kashmir became an independent territory on 15th August 1947 and remained free from both India and Pakistan up to 26th October 1947. The defecto ruler of the state Maharaja Hari Singh wanted to keep it independent from both India and Pakistan. He had signed a Stand Still Agreement with Pakistan and the Stand Still Agreement with India was under process when Pakistan send tribal raiders in trucks with arms on 22nd October 1947 to invade Kashmir.The Maharaja Hari Singh asked for military help from the government of India but India put two conditions to Hari singh to send the Indian troops to Kashmir , the first was to have a formal accession of J&K with India, and the second was to induct in state administration Sheikh Mohamad Abdullah the most popular leader and the president of Jammu and Kashmir National Conference.On 26th October 1947, Hari Singh submitted the Instrument of Accession with due political support of Sheikh Mohammad Abdullah to the govt. of India, surrendering his control over three subjects namely defence, foreign affairs and communication to the India Union.On 27th October 1947 the Indian troops landed at Srinagar Airport to liberate Kashmir from the Pakistani raiders.On 31st October1947, Sheikh Mohamad Abdullah was appointed as the Emergency Administrator in the J&K Government. On 27th October 1947 the Governor General of India Lord Mountbatten in reply to the Instrument of Accession wrote back to Hari Singh that as law and order improves in the state the peoples wishes on the subject of Accession will be ascertained.Thus the finalization of the Accession was kept subject to the will of the people.
Knowing the fact that the supporters of Independent Kashmir reconciled with Internal Sovereignty for the state as they were reluctant to join Pakistan. However, a small proportion of population in Kashmir supported the idea of joining Pakistan on the basis of UN Resolution on J&K which offered just two options to the people of the state i.e. either to live with India or with Pakistan. Under Shimla Agreement 1972 Pakistan and India resolved to settle Kashmir dispute bilaterally thereby compromised on the right of self-determination of the people of Kashmir.The two contries gave official recognition to the militarily effected Cease Fire Line by calling it thereafter as the Line of Control.
From 1947 to 2016 the government of India depended on its collaborators in Kashmir to step by step erode the internal sovereignty of Jammu and Kashmir ensured by the State’s Instrument of Accession.Pakistan took the benefit of the cumulative accumulation of dissatisfaction of the people of Kashmir with India from 1953 onwards and gave moral, diplomatic and material support to the Kashmiries to secede from India in the name of Aazadi.
The Jammu and Kashmir National League very sincerely and very responsibly suggests to the Government of India and the People of Indian Administered Kashmir to develop a national consensus both within India and within Kashmir to find a common meeting ground to have a negotiated settlement of the political problem. The JKNL offers to resolve the problem on the basis of Instrument of Accession of J&K State with Indian Unionsubmitted on 26th October 1947 by late Maharaja Hari Singh,supported by late Sheikh Mohammad Abdullah and provisionally accepted by the late Lord Mountbatten on 27th October 1947 and endorsed by late Pandit Jawaharlal Nehru.Let us all rise above dirty politics and have respect for the vision of these noble soles of the Union of India.
On the basis of the Instrument of Accession of J&K with India in 1947 the ROAD MAP FOR RESOLUTION OF KASHMIR PROBLEM is given as under:
1. To reconstitute the Constituent Assembly of Jammu and Kashmir through a very transparent election;
2. To rewrite the sovereign, secular and democratic Constitution of Jammu and Kashmir State;
3. To sign a Comprehensive Defence Agreement between New Delhi and Srinagar on the basis of the Instrument of Accession (with negotiated modifications to make it more relevent to the changing circumstances) between J&K and the Indian Union in 1947;
4. To hold a transparent referendum in Indian administered J&K under the observation of observers from democratic countries of the world;
5. To recognize the Jammu and Kashmir as a Protectorate of India if more than 50% people of Indian administered J&K want to stay with India;
6.To hold negotiations with Pakistan to reunify the Balti,Shina, Pahari and Gujjri ethnicities which are presently divided by the Line of Control between Indian administered and Pakistanistan administered Jammu and Kashmir;and
7. To have DUALISM the state policy of J&K with respect to India and Pakistan in areas like citizenship, physical communication, currency and goods trade along the porous border between India and Pakistan within Protectorate of Jammu and Kashmir.
Author is prof at Jamia Milia university can be mailed

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