Pakistan’s Stand on Kashmir is based on the following claims- one, it’s a recognised by UN as “disputed territory;” two, resolution of the Kashmir issue should be in accordance with the wishes of its people through a plebiscite as recommended in UNSC resolutions, and three, abrogation of Article 370 of the Indian Constitution by New Delhi violates UN resolutions
Seven years ago, Pakistan’s then Prime Minister Imran Khan announced that he would serve as an ambassador for the people of Kashmir by raising the Kashmir issue at every international forum including the UN General Assembly. This was after New Delhi had abrogated Article 370 of the Indian Constitution, a temporary provision that provided special status to the people of J&K.
Khan may have been unceremoniously removed from office but his promise on Kashmir endures and despite suffering the ignominy of being repeatedly ignored, Islamabad continues to rake up the Kashmir issue on every conceivable occasion. That this stratagem hasn’t worked is evident from recent news reports that Islamabad would be sending parliamentary delegations to the UK and Europe specifically for this purpose.
Pakistan’s Narrative
Pakistan’s Stand on Kashmir is based on the following claims- one, it’s a recognised by UN as “disputed territory;” two, resolution of the Kashmir issue should be in accordance with the wishes of its people through a plebiscite as recommended in UNSC resolutions, and three, abrogation of Article 370 of the Indian Constitution by New Delhi violates UN resolutions.
Islamabad maintains that it follows a principled stance on the Kashmir issue by supporting a peaceful and just resolution on the same. It also justifies providing what it refers to as “political, diplomatic and moral support” to secessionist groups in J&K and considers the proxy war sponsored by it in J&K is not only “a legitimate and lawful struggle for freedom,” but also something “recognised by international law.” However, he failed to provide details of the law that sanctions terrorism.
New Delhi probably doesn’t get unduly perturbed by Islamabad’s threats to diplomatically isolate India by garnering international support for its Kashmir stance because it knows that Pakistan’s narrative is bound to collapse under the sheer weight of its intrinsic absurdity and utter selectivity. Nevertheless, there’s a need to debilitate Pakistan’s Kashmir narrative-war by logically exposing and destroying its fundamental inaccuracies, so that the world understands this issue better.
Analysing Pakistan’s Kashmir Narrative
J&K is UN Recognised ‘Disputed’ Territory
Whenever any piece of real estate is declared “disputed” by an adjudicating authority, the parties involved forfeit all ownership rights till the issue is legally resolved. Therefore, if Pakistan contends that J&K is disputed territory, then it's axiomatic that it has no rights over Pakistan occupied Jammu and Kashmir [PoJK]. So how did Islamabad cede 5,180 square km of land in Shaksgam Valley of J&K to China in 1963?
- Islamabad is Committed to a Peaceful Resolution of the Kashmir Issue.
If this is really true, then why did the Pakistan army launch a military campaign codenamed Operation Gibraltar in 1965 in an attempt to seize J&K by force? If this was an aberration, what explains another attempt by Gen Musharraf in 1999 to alter the Line of Control [LoC] alignment by infiltrating army regulars and occupying dominating heights inside Indian territory?
The Kashmir Issue should be Resolved Through a Plebiscite
UNSC resolution 47 clearly stipulates that the plebiscite process can only commence once Pakistan takes the first step of withdrawing all its nationals from PoJK, something that Islamabad hasn’t done till date. Hence, it’s not India but Pakistan which is stalling this process. But that’s not all. The preconditions for plebiscite contained in this UNSC resolution were meant to “provide full freedom to all subjects of the State regardless of creed, caste, or party, to express their views and vote on the question of the accession of the State.” However, Pakistan has denied this to the people of PoJK.
When Article 7 [3] of PoJK Constitution decrees that “No person or political party in Azad Jammu and Kashmir shall be permitted to propagate against, or take part in activities prejudicial or detrimental to, the ideology of the State’s accession to Pakistan,” how can its people freely express their views during plebiscite?
Article 370 Abrogation Violates UNSC Resolutions
The Indian Constitution is an internally produced document passed by its Constituent Assembly and as such it has no link or connection with UNSC resolutions on Kashmir. Accordingly, abrogating Article 370 of the Indian Constitution by New Delhi is an internal matter on which nobody else can comment upon.
India’s Response
India needs to expose Pakistan’s hollow Kashmir claim by specific mention of its selective application of UNSC resolutions rather than mere generalities. A few suggestions:
Disputed Territory Status
New Delhi needs to make it clear that by ceding Shaksham Valley of PoJK to China without seeking approval of the adjudicating authority [UNSC] or concurrence of India [being a party to the so-called “dispute”], Pakistan had itself destroyed the “disputed territory” farce. Hence India completely rejects this claim.
UNSC Resolutions.
The UN has categorically ruled that Kashmir is a bilateral issue between India and Pakistan that needs to be mutually resolved without any third party involvement. This endorses India’s view that with the passage of time UNSC resolutions on Kashmir, especially holding a plebiscite, have lost relevance.
Peaceful Settlement.
New Delhi needs to be more forceful and assign the specific reason for its stand on irrelevancy of UN resolutions that envisage peaceful resolution of the Kashmir issue. By attempting to seize Kashmir in 1965 by using military force and trying to alter LoC alignment in 1999, Pakistan has unashamedly violated UNSC resolutions both in letter and spirit. Due to Pakistan’s unabashed and repeated violation of UNSC resolutions, India is no longer bound by the same.
Legitimising Terrorism
Self-appointed Field Marshal Asim Munir’s aggressive statements like “what India labels as terrorism is, in fact, a legitimate and lawful struggle for freedom, recognised by international law” and Hizbul Mujahideen terrorist group chief Syed Salahuddin’s “we are fighting Pakistan’s war in Kashmir,” admission that need to be widely publicised to expose Pakistan’s perfidy.
Pakistan continues peddling its pack of brazen lies on Kashmir primarily because India’s response, though precise and convincing, is incident-based and doesn’t aim at completely demolishing its narrative war. It’s high time New Delhi reciprocated to Pakistan’s bombast on Kashmir in the same tone and tenor to put Islamabad in its rightful place on this issue.
Email:----------------------nileshkunwar.56@gmail.com
Pakistan’s Stand on Kashmir is based on the following claims- one, it’s a recognised by UN as “disputed territory;” two, resolution of the Kashmir issue should be in accordance with the wishes of its people through a plebiscite as recommended in UNSC resolutions, and three, abrogation of Article 370 of the Indian Constitution by New Delhi violates UN resolutions
Seven years ago, Pakistan’s then Prime Minister Imran Khan announced that he would serve as an ambassador for the people of Kashmir by raising the Kashmir issue at every international forum including the UN General Assembly. This was after New Delhi had abrogated Article 370 of the Indian Constitution, a temporary provision that provided special status to the people of J&K.
Khan may have been unceremoniously removed from office but his promise on Kashmir endures and despite suffering the ignominy of being repeatedly ignored, Islamabad continues to rake up the Kashmir issue on every conceivable occasion. That this stratagem hasn’t worked is evident from recent news reports that Islamabad would be sending parliamentary delegations to the UK and Europe specifically for this purpose.
Pakistan’s Narrative
Pakistan’s Stand on Kashmir is based on the following claims- one, it’s a recognised by UN as “disputed territory;” two, resolution of the Kashmir issue should be in accordance with the wishes of its people through a plebiscite as recommended in UNSC resolutions, and three, abrogation of Article 370 of the Indian Constitution by New Delhi violates UN resolutions.
Islamabad maintains that it follows a principled stance on the Kashmir issue by supporting a peaceful and just resolution on the same. It also justifies providing what it refers to as “political, diplomatic and moral support” to secessionist groups in J&K and considers the proxy war sponsored by it in J&K is not only “a legitimate and lawful struggle for freedom,” but also something “recognised by international law.” However, he failed to provide details of the law that sanctions terrorism.
New Delhi probably doesn’t get unduly perturbed by Islamabad’s threats to diplomatically isolate India by garnering international support for its Kashmir stance because it knows that Pakistan’s narrative is bound to collapse under the sheer weight of its intrinsic absurdity and utter selectivity. Nevertheless, there’s a need to debilitate Pakistan’s Kashmir narrative-war by logically exposing and destroying its fundamental inaccuracies, so that the world understands this issue better.
Analysing Pakistan’s Kashmir Narrative
J&K is UN Recognised ‘Disputed’ Territory
Whenever any piece of real estate is declared “disputed” by an adjudicating authority, the parties involved forfeit all ownership rights till the issue is legally resolved. Therefore, if Pakistan contends that J&K is disputed territory, then it's axiomatic that it has no rights over Pakistan occupied Jammu and Kashmir [PoJK]. So how did Islamabad cede 5,180 square km of land in Shaksgam Valley of J&K to China in 1963?
- Islamabad is Committed to a Peaceful Resolution of the Kashmir Issue.
If this is really true, then why did the Pakistan army launch a military campaign codenamed Operation Gibraltar in 1965 in an attempt to seize J&K by force? If this was an aberration, what explains another attempt by Gen Musharraf in 1999 to alter the Line of Control [LoC] alignment by infiltrating army regulars and occupying dominating heights inside Indian territory?
The Kashmir Issue should be Resolved Through a Plebiscite
UNSC resolution 47 clearly stipulates that the plebiscite process can only commence once Pakistan takes the first step of withdrawing all its nationals from PoJK, something that Islamabad hasn’t done till date. Hence, it’s not India but Pakistan which is stalling this process. But that’s not all. The preconditions for plebiscite contained in this UNSC resolution were meant to “provide full freedom to all subjects of the State regardless of creed, caste, or party, to express their views and vote on the question of the accession of the State.” However, Pakistan has denied this to the people of PoJK.
When Article 7 [3] of PoJK Constitution decrees that “No person or political party in Azad Jammu and Kashmir shall be permitted to propagate against, or take part in activities prejudicial or detrimental to, the ideology of the State’s accession to Pakistan,” how can its people freely express their views during plebiscite?
Article 370 Abrogation Violates UNSC Resolutions
The Indian Constitution is an internally produced document passed by its Constituent Assembly and as such it has no link or connection with UNSC resolutions on Kashmir. Accordingly, abrogating Article 370 of the Indian Constitution by New Delhi is an internal matter on which nobody else can comment upon.
India’s Response
India needs to expose Pakistan’s hollow Kashmir claim by specific mention of its selective application of UNSC resolutions rather than mere generalities. A few suggestions:
Disputed Territory Status
New Delhi needs to make it clear that by ceding Shaksham Valley of PoJK to China without seeking approval of the adjudicating authority [UNSC] or concurrence of India [being a party to the so-called “dispute”], Pakistan had itself destroyed the “disputed territory” farce. Hence India completely rejects this claim.
UNSC Resolutions.
The UN has categorically ruled that Kashmir is a bilateral issue between India and Pakistan that needs to be mutually resolved without any third party involvement. This endorses India’s view that with the passage of time UNSC resolutions on Kashmir, especially holding a plebiscite, have lost relevance.
Peaceful Settlement.
New Delhi needs to be more forceful and assign the specific reason for its stand on irrelevancy of UN resolutions that envisage peaceful resolution of the Kashmir issue. By attempting to seize Kashmir in 1965 by using military force and trying to alter LoC alignment in 1999, Pakistan has unashamedly violated UNSC resolutions both in letter and spirit. Due to Pakistan’s unabashed and repeated violation of UNSC resolutions, India is no longer bound by the same.
Legitimising Terrorism
Self-appointed Field Marshal Asim Munir’s aggressive statements like “what India labels as terrorism is, in fact, a legitimate and lawful struggle for freedom, recognised by international law” and Hizbul Mujahideen terrorist group chief Syed Salahuddin’s “we are fighting Pakistan’s war in Kashmir,” admission that need to be widely publicised to expose Pakistan’s perfidy.
Pakistan continues peddling its pack of brazen lies on Kashmir primarily because India’s response, though precise and convincing, is incident-based and doesn’t aim at completely demolishing its narrative war. It’s high time New Delhi reciprocated to Pakistan’s bombast on Kashmir in the same tone and tenor to put Islamabad in its rightful place on this issue.
Email:----------------------nileshkunwar.56@gmail.com
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