Jammu Kashmir People's Forum (JKPF) and National Democratic
Teachers Front (NDTF) organised a seminar in the Delhi University on February
23rd on the issue of Jammu of Kashmir. The aim of this seminar was to
disseminate correct facts relating to the entire issue of J&K, and to
change the perception that has been created through a misinformation campaign
over the last few years.
The seminar celebrated the occasion of a Resolution adopted by a joint session of Parliament on February 22nd 1994. This resolution made it clear to the world that the State of Jammu & Kashmir has been, is and shall be an integral part of Bharat and any attempts to separate it from the rest of the country will be resisted by all necessary means. The resolution also demanded that Pakistan must vacate the areas of the State of Jammu and Kashmir, which they have occupied through aggression. The resolution was adopted by both houses of Parliament in light of the increasing terrorist violence in the State and Pakistan’s attempts to highlight Kashmir as a dispute.
The main speaker at the seminar was Sh. Arun Kumar ji, RSS Pracharak (Akhil Bhartiya Sah-Sampark Pramukh). He started his speech by pointing out three myths that have been propagated by vested interests in the case of J&K:
Myth of separatism, Myth of dispute, Myth of autonomy .
He pointed out
that Kashmir is just one of the three regions of J&K - that too the smallest
region with only about 15% percent of the total area. The two biggest regions
of J&K i.e. Ladakh and Jammu have never seen a single demonstration against
Bharat. The so-called separatist groups are a miniscule minority of the State
of J&K. But the perception that has been created is that the entire state
is of separatist tendency. It is not the truth. The reality is that the
majority of residents of the state of J&K are nationalists, Arun ji said to
resounding claps from the audience.
The entire issue of J&K can be solved if we confine ourselves to legal documents only, he said. The entire discourse has been deliberately complicated by unnecessarily going into who said what. When constitutional and legal resolution is worked upon, it always depends on facts and documents -- never on opinions. So, the new discourse documents. has to be based on Documents prove that
1.
The accession of Jammu and Kashmir to Bharat
is full, final and non-negotiable.
On October 26, 1947, Maharaja Hari Singh had signed the instrument of accession to Bharat. This instrument of accession was exactly the same document that all other princely states had signed. All laid-down procedures were duly completed later on also to complete the process of integration with Bharat. Hence, there is no 'dispute' on this. Even Pakistan has never questioned the fact that Jammu and Kashmir is an integral part of Bharat at any fora.
2. Even the Supreme Court of Pakistan has given a judgment that Gilgil-Baltistan area (illegally in control of Pakistan) is legally a territory of Jammu and Kashmir, which is an integral part of Bharat.
3. Bharat went to the UN Security Council under the UN Charter article 35. That was regarding the aggression of Pakistan on some parts of Jammu and Kashmir, and never about the legal status or accession of the state with Bharat, or any dispute with Pakistan. The key points of the UN resolution, after the Pakistani aggression was discussed there, were:
On October 26, 1947, Maharaja Hari Singh had signed the instrument of accession to Bharat. This instrument of accession was exactly the same document that all other princely states had signed. All laid-down procedures were duly completed later on also to complete the process of integration with Bharat. Hence, there is no 'dispute' on this. Even Pakistan has never questioned the fact that Jammu and Kashmir is an integral part of Bharat at any fora.
2. Even the Supreme Court of Pakistan has given a judgment that Gilgil-Baltistan area (illegally in control of Pakistan) is legally a territory of Jammu and Kashmir, which is an integral part of Bharat.
3. Bharat went to the UN Security Council under the UN Charter article 35. That was regarding the aggression of Pakistan on some parts of Jammu and Kashmir, and never about the legal status or accession of the state with Bharat, or any dispute with Pakistan. The key points of the UN resolution, after the Pakistani aggression was discussed there, were:
2.
• The unconditional withdrawal of troops sent or maintained by Pakistan, from all parts of Jammu and Kashmir. That was because UN clearly decided that the presence of Pakistani troops on any part of Jammu and Kashmir was illegal.
• The “Azad Jammu Kashmir” government and “Azad Jammu Kashmir Forces” (both in Pakistan-occupied Jammu Kashmir or PoJK for short), must be disbanded. Both were illegal.
• The territorial integrity of Jammu and Kashmir should be fully restored. It should be one entity like how it was during Maharajah Hari Singh's rule on 15th August 1947.
• Those displaced from their homes in Mirpur, Gilgit, Baltistan, Muzaffarabad etc. under Pakistan's illegal occupation, must be settled back in their homes. (There were 2,00,000 people who ran to Jammu and Kashmir regions that were under Bharatiya governance in 1947, due to communal and violent attack by Pakistani tribes and Pakistani army.)
• Bharat should maintain the required number of forces. This by far explains that there was no dispute in Jammu and Kashmir's legal status. Wherever there is a dispute in the world, UN forces will be deputed, not one of the contending party's army. By asking Bharatiya army to stay in Jammu and Kashmir, UN clearly told everyone that J&K is 100% Bharatiya state. Also note here that UN said Pakistan must withdraw its forces, and only Bharat must maintain its army, not a joint army.
Plebiscite was always Bharat's internal commitment to the people of Jammu and Kashmir. UN only asked if that could be conducted under UN supervision. Bharat gave its consent to a UN appointed Plebiscite commissioner, but he was to perform his duty under the Jammu and Kashmir government.
• Bharat put a pre-condition before accepting the UN resolution. The UN resolution was grouped into three parts. First the ceasefire part, second the truce part and lastly the plebiscite part. If Pakistan does not accept part 1 and Part 2, or if Pakistan does not implement those two parts, then the third part of plebiscite was not going to bind Bharat. That was Bharat's position clearly expressed by then Prime Minister Jawaharlal Nehru and accepted by UNCIP Chairman Dr. Lozano
• UN Secretary Generals’ recent response to Pakistani mediapersons, during their official visits to Islamabad – first by Butros Ghali in 1991 and by Kofi Annan in 1998 – “According to the UN Charter, if two contesting states signed a bilateral agreement by virtue of which peace and normalcy are restored, and the agreement is ratified by the respective parliaments, the role of the Security Council will come to an end”. (Here the reference is to the Shimla Agreement signed between Bharat and Pakistan)
• The unconditional withdrawal of troops sent or maintained by Pakistan, from all parts of Jammu and Kashmir. That was because UN clearly decided that the presence of Pakistani troops on any part of Jammu and Kashmir was illegal.
• The “Azad Jammu Kashmir” government and “Azad Jammu Kashmir Forces” (both in Pakistan-occupied Jammu Kashmir or PoJK for short), must be disbanded. Both were illegal.
• The territorial integrity of Jammu and Kashmir should be fully restored. It should be one entity like how it was during Maharajah Hari Singh's rule on 15th August 1947.
• Those displaced from their homes in Mirpur, Gilgit, Baltistan, Muzaffarabad etc. under Pakistan's illegal occupation, must be settled back in their homes. (There were 2,00,000 people who ran to Jammu and Kashmir regions that were under Bharatiya governance in 1947, due to communal and violent attack by Pakistani tribes and Pakistani army.)
• Bharat should maintain the required number of forces. This by far explains that there was no dispute in Jammu and Kashmir's legal status. Wherever there is a dispute in the world, UN forces will be deputed, not one of the contending party's army. By asking Bharatiya army to stay in Jammu and Kashmir, UN clearly told everyone that J&K is 100% Bharatiya state. Also note here that UN said Pakistan must withdraw its forces, and only Bharat must maintain its army, not a joint army.
Plebiscite was always Bharat's internal commitment to the people of Jammu and Kashmir. UN only asked if that could be conducted under UN supervision. Bharat gave its consent to a UN appointed Plebiscite commissioner, but he was to perform his duty under the Jammu and Kashmir government.
• Bharat put a pre-condition before accepting the UN resolution. The UN resolution was grouped into three parts. First the ceasefire part, second the truce part and lastly the plebiscite part. If Pakistan does not accept part 1 and Part 2, or if Pakistan does not implement those two parts, then the third part of plebiscite was not going to bind Bharat. That was Bharat's position clearly expressed by then Prime Minister Jawaharlal Nehru and accepted by UNCIP Chairman Dr. Lozano
• UN Secretary Generals’ recent response to Pakistani mediapersons, during their official visits to Islamabad – first by Butros Ghali in 1991 and by Kofi Annan in 1998 – “According to the UN Charter, if two contesting states signed a bilateral agreement by virtue of which peace and normalcy are restored, and the agreement is ratified by the respective parliaments, the role of the Security Council will come to an end”. (Here the reference is to the Shimla Agreement signed between Bharat and Pakistan)
The audience at
the seminar asked Sh. Arun Kumar a number of questions regarding the common
perceptions about the state.
Later, Dr. Sushma Yadav, pro-Vice-Chancellor of IGNOU), who presided over the seminar thanked Sh. Arun Kumar for the amazing information shared by him regarding Jammu and Kashmir. She also shared her thoughts on the issue. She suggested that these issues should be highlighted through more such discourses in all universities. She also suggested that scholarships should be instituted for such studies. A series of such seminars and other discourses would go a long way creating the right atmosphere in the country, she said.
JKPF coordinator Sh. Mahendra Mehta thanked everyone for participating in the program.
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