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Kashmir Issue—as seen from Kashmiri angle
Muhammad Farooq Rehmani
Convener All Parties Hurriet Conference AJK/Pakistan
Chapter
On 12 July 2004 at Asian Studies and Research Society Islamabad
Kashmir imbroglio now is a burning topic in every mind and political
establishments and strategists in every country are very keen to discuss
and resolve Kashmir. European Union, American think tanks and British
foreign policy Authorities have been following a sustained and silent
diplomacy to narrow down differences between India and Pakistan over
Kashmir for its final dispensation. OIC follows and monitors progress on
Kashmir and often reiterates its firm support to the people of Kashmir to
achieve the goal of peace according to the UN charter and Security Council
Resolutions.
Famous Indian jurist Mr. Tarkunde wrote as early as 1990. “It would be
very difficult to find a Muslim resident of Kashmir valley who does not
passionately desire complete independence from India.” Since then Jammu
and Kashmir has been witnessing much more innocent blood, property
destructions, forced disappearances of young people, custodial killings
and molestation of women and other heinous crimes by Indian troops and
paramilitary forces. So what was thought to be a hundred per cent truth in
1990 is now considered as 200 per cent without any exaggeration.
Kashmiris get disgusted, anguished and outraged when they find that in
spite of so wide spread state terror and tyranny being perpetrated on them
and unprecedented patience and sacrifices by their people, the world has
done little to prevent the Indian occupation forces from committing
illegal and immoral acts against the civil society. It looks all the more
conspicuous when highly responsible fora of the world ignore them and put
them on the mercy of foreign occupation forces.
Kashmir is not a new name in the history of the world. It continues to
exist with idyllic surroundings and civilized people for some thousands of
years. Its culture and civilization flourished in every age and
uncivilized regimes and rulers could never force its moral courage to
submission. After the First World War in 1920s the people of Kashmir
launched their agitation for civil and basic human rights. It was here
that many British Indians notably the great poet philosopher of East Dr.
Muhammad Iqbal raised his voice for the rights of Kashmiris and organized
Kashmir movement in the British India. He along with other Indian Thinkers
and Statesmen began a crusade against Amritsar agreement of March 1846. By
the end of British paramountancy in India in 1947 Kashmir movement was
echoing through out India and Punjab had become the centre of activities
for the struggle of the people of Kashmir.
But the struggle of the people of Kashmir for their basic rights faced a
new challenge when immediately after the partition of the sub-continent
Indian army launched an aerial attack on Srinagar and illegally annexed
large parts of Jammu and Kashmir in the name of some fake accession
document by the Maharaja of Kashmir. Although on the eve of his
assassination 56 years ago Mahatma Gandhi lamented the tragic conditions
of Kashmir’s first war “ I would suggest that our first task is to magnify
our own faults and find no fault with the Muslims”, He told his prayer
meeting. “if the people of Kashmir are in favor of opting for Pakistan, no
power on earth can stop them from doing so… they should be left free to
decide for themselves….” Two months later a fanatic Hindu Brahman
assassinated the father of India’s freedom. At this time of the history
the newly born United Nations organization passed resolutions directing
both India and Pakistan to create a conducive atmosphere of law and order
in the state to hold plebiscite to ascertain wishes of the people of Jammu
and Kashmir. Since then India took every illegal and forcible step to end
the political, cultural and historical identity and individuality of Jammu
and Kashmir, which includes illegal, unconstitutional, undemocratic and
fraudulent nomination of first four un-elected persons for the Assembly of
India, dissolving of the elected Raja Sabha of Jammu and Kashmir
establishing of illegal constituent assembly to give sanctity to the
illegal accession with India. India is always proud of her fraudulent
process of accession and elections in Kashmir.
The root of the Kashmir problem remained underground for so long and the
world body showed indifference to its resolutions. How could other forums
bother to listen to what were the grievances of Kashmiris, which finally
compelled the inhabitants of the region to ring a bell of alarm by
challenging the presence of Indian occupation forces on the soil of
Kashmir. Kashmiris realistically asked the world that if big powers
support Jews to live independently as a separate state and again if the
world body can hold referendum in east Timor, why the same powers and the
same UN looks reluctant to provide the same environment to Kashmir to
ascertain the wishes of its people. Human skin can have different colors,
but the blood is same. In fact the wishes of the people of Kashmir are in
conformity with the rights of human beings recognized under the Universal
Declaration of Human Rights. India is denying these inherent rights to
Kashmiris, resulting in death and destruction of the civil fabric of the
society in Kashmir.
Article-I says that all human beings are born equal in dignity and rights.
Article-II entitles Human beings with all these rights and freedoms.
Article-IV stands for life, liberty and security and forbids slavery but
Kashmiris are being treated as sub humans for the last fifteen years.
Article-V prohibits torture, and inhuman or degrading treatment or
punishment to a man or woman. But contrarily India continues her policy of
genocide and humiliation of the people of Kashmir to-date. Article VII
advocates equality before law and article–VIII prohibits arbitrary arrest,
detention or exile but in Kashmir there are all such laws in vogue, which
infringe upon these rights and freedoms of the people. Thus forcible
disappearances, detentions, dislocation of the people and self-exile are a
permanent feature of the modern Kashmir. Article –13 stands for freedom of
movement and residence within the borders of each sate and right to leave
any country including his own and to return to his country. But in
violation of this article India has imposed travel restrictions on many
politicians in the state she has also impounded passports of Kashmiri
leaders and is not issuing new passports to the citizens of Kashmir who
are presently in Pakistan or else where and would like to go to their
homes in Kashmir. This illegal practice of the government of India amounts
to denial of rights to the residents of Jammu and Kashmir it has also
threatened social cultural fabric of the human families across Jammu and
Kashmir. Besides movement of the people across old historical routes of
Kashmir continues to remain banned since 1947. Although the 1947,
ceasefire under UN was aimed at creating a conducive atmosphere for a
plebiscite in Kashmir. Article 15 guarantees the right of nationality. But
the stalemate of Kashmir has obviously jeopardized the right of Kashmiris
to their nationality or sub nationality.
Today Asian nations rather all nations have agreed with each other to
fight against terrorism in any form and manifestation. Yes we also do
agree with this idea but at the same time they must also agree to begin a
sustained struggle against the cause of terrorism and the factors that
lead to block the road map to any just, amicable and durable solution of
Jammu and Kashmir. It may look to be a dream but the duty of the world is
to translate this noble dream of peace everywhere including Kashmir into
reality. Every state in the world is suggesting to both India and Pakistan
and Kashmiris that they should sheath their swords and bury the hatchet to
engage in a sincere dialogue with a readiness to give and take.
Besides there is a worldwide slogan of bilateralism being forcefully
preached to bring India and Pakistan nearer to the resolution of Kashmir.
The bilateral talks between the two sovereign states may quite be
necessary for some reasons but the preposition seems ludicrous to the
people of Kashmir in some respects and they generally argue in favour of
the basic historical and moral nature of the Kashmir dispute. They believe
that Kashmir is not a territorial dispute. It is undoubtedly the question
of the inalienable right of self-determination as defined in the Universal
Declaration of Human Rights and the United Nations Resolutions. Hence the
people of Kashmir argue that without intending to harm bilateral talks
between India and Pakistan--- on the specific question, Kashmiris with
their representatives should be associated with the process of resolving
this conflict.
Peace and peaceful overtures and CBMs between India and Pakistan felt
pleasant in the beginning but with the passage of time these
confidence-building measures were not extended to Kashmir. On the contrary
India further divided Kashmir by constructing a dangerous and illegal long
barbed wall and boosted further the aggressive tempo of her military
operations across the occupied Jammu and Kashmir, martyring over thousand
Kashmiri civilians after the present thaw in Indo-Pak relations.
The UN should extend complete support to the indigenous peaceful political
struggle of the people of Kashmir. It should press upon India to revoke
all the draconian laws including restrictions on foreign travels of
political leaders and with draw all troops to barracks as a minimum
gesture to create confidence on negotiating table for the resolution of
Kashmir. Kashmiris should feel safe in their homeland before expecting
from them hand of cooperation to the process of dialogue. Each and every
process of dialogue to settle the dispute of Kashmir must respect and
uphold values and ideas of the sacrifices of the people of Kashmir and the
status quo should never be recognized as their fait accompli. #End#
Thanks.
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