The Best Practicable Solution of Kashmir Issue:: By Amanullah Khan
The Best Practicable Solution of
Amanullah Khan, Patron-in-Chief
Every reasonable and relialistic person in South Asian Sub-continent agrees that the main bone of contention between India and Pakistan, the Kashmir Issue, has been eating into the very vitals of both of them. But for this self- made imbroglio, both would have reached insurmountable heights economically, politically and diplomatically, in short in all aspects of their national life. But unfortunately both, specially their governments, have been day dreaming about the Issue. Most of Indians, the governments in particular, have been hoping that time itself would solve the Issue to their advantage and most of Pakistanis have been expecting that Kashmir would fall into their lap sooner or later whereas most of Kashmiri leaders have been trying to import masters from abroad for their people. But none of these unfounded hopes, undue expectations and slavish efforts have borne any fruit with the result that Kashmir Issue is as harmful today as it was over six decades back and will continue to do so unless serious and sincere efforts are made by all to solve it once and for all.
The best way to solve the issue to the benefit of all concerned is to change its very nature from one of a bone of contention to that of a bridge of friendship between
and India . And one of the best and easiest ways to do so will be reunification of the divided Pakistan and making it a fully independent country with a democratic, federal and secular system of government and having friendly relations with all its neighbours under the doctrine of peaceful co-existence. Let there be a UN supervised referendum 15 years after re-unification to determine whether the people of the State prefer to perpetuate the existing type of neutralized independence or any other solution of the issue and all the concerned parties take that verdict of the people of entire State as final settlement of the Issue and implement it.All that is needed from India and Pakistan is to look at the issue as two civilized and pledge- honoring nations. It is not befitting of the biggest democracy on earth to backout of the pledges she had made, at international forums, to Kashmiris and to world at large including Jammu Kashmir State , to give to Kashmiris their inherent right to shape their own future. To quote only one from hundreds of such pledges, while submitting Pakistan ’s Kashmir Case to the UN Security Council on India Jan 15th 1948 the head of her delegation Gopalswami Ayyanagar declared
“whether she (
Kashmir) should withdraw from her accession to and either accede to India or remain independent with a right to claim admission as a member of the United Nations- all this we have recognized to be a matter for unfettered decision by the people of Pakistan Kashmir, after normal life is restore to them.”
To back out of such a solemn pledge based on the principle of democracy that was made in the highest international forum amounts to making mockery of her much trumpeted adherence to democratic principles and values.
takes shelter behind the excuse that she backed out of her pledges to hold plebiscite in India Kashmir because did not fulfil the provisions of UNCIP resolutions. What sort of justice is it to punish Kashmiris for a wrong done by Pakistan ? Moreover Pakistan herself had violated UN resolutions a number of times. India
So far as Pakistan’s stand on the concept of independence to Jammu Kashmir State, through his policy statements of June 17, July 11 and Aug30, 1947 Quaid e Azam Muhammad Ali Jinnah, the President of All India Muslim League, declared that Indian princely states had every right to declare complete independence in addition to their right to join India or Pakistan. His statement issued on
July 11, 1947 said “The second question that is engaging the attention of the Muslims of Kashmir is whether Kashmir is going to join the Constituent Assembly of . I have already made it clear more than once that the Indian States are free to join either the Pakistan Constituent Assembly or Indian Constituent Assembly or remain independent. I have no doubt that the Maharaja and the Pakistan Kashmir Government will give their closest attention and consideration to this matter and realize the interests not only of the Ruler but also of his people.” This statement was tantamount to his support to independence of Kashmir as joining Muslim Pakistan was not in the interests of non-Muslim Maharaja of Kashmir and joining was against the wishes of an overwhelming majority of the Muslims of the State who formed almost 80% of its population. India
Before concluding I better try to answer some of the questions that may arise in the minds of the readers of this presentation about my proposed solution of Kashmir Issue.
1) The most important pre-requisite of this formula to solve Kashmir Issue is that the people, the governments and the media of both
and India should have reasonable, realistic and broad based approach to the Issue keeping in mind my apprehensions mentioned at the end of this presentation. Kashmiri leaders should stop trying to import foreign masters for their people. All the three should fully co-operate with each other and UN in implementation of this formula. Pakistan
2) The formula can be implemented under overall supervision of the UN whose Security Council declared under its unanimous resolution No.1172 of June 8, 1998 to help India and Pakistan to solve all issues including Kashmir which are straining relations between them provided both of them agreed to it. That offer has not been withdrawn and if both agree to solve Kashmir Issue, the UN can implement the formula.
3) The formula can be implemented in several peaceful phases like
(a) acceptance of formula by
, India , Kashmiri leadership, the Pakistan
UN and organization of the body that will implement it.
(b) withdrawal of all Indian and Pakistani armed forces from the State.
(c) Reunification of all regions of the State by reopening all roads connecting
the separated regions.
(d) Establishment at
of a national government of notables from all Srinagar
regions, religions, political schools of thought (pro- independence, pro-
(e) To form a committee of Constitutional experts to draft a provisional
constitution, permanent constitution to be drafted, debated and approved
by the first elected parliament acting as Constituent Assembly.
(f) The Parliament will be bi- cameral, Lower House to be elected on the basis
of adult franchise whereas the Upper House will have equal number of
representatives from all five provinces and elected by the Parliament and
their respective provincial assemblies.
(g) The five provinces of the State will be
, Jammu ,Ladakh, Kashmir Valley
Azad Kashmir and Gilgit Baltistan who will enjoy maximum possible
4) The Doctrine of Peaceful Co-existence in
Kashmir will mean that her neighbours will undertake not to violate her national borders nor interfere in her internal affairs and Kashmir will guarantee not to allow her territory or airspace to be used to harm any of her neighbours.
5) This formula for solution of Kashmir Issue is equitable and democratic because Kashmiris will get their due democratic right, as final settlement of the issue will be on the basis of the freely given popular verdict, it will be honourable because neither India nor Pakistan will have sense of defeat nor will the national ego of either of them be hurt as neither will have a to handover her controlled part of Kashmir to the other.It will be permanent as none of the parties to the issue will object to it since the genuine rights of all of them have been secured in this solution.
6) Those who say that the concept of Kashmiris right of self determination is outdated and obsolete are totally wrong and misguided as principles based on human rights and humanitarian values are not ruled by law of limitation which itself is devoid of the basic principles of justice and equity.
In short this solution ensures a peaceful, prosperous and respectful future for over one fifth of humanity living in South Asian region. All that
and India will have to pay in consideration is to part with their controlled parts of Jammu Kashmir territory. What a colossal gain for what a small price !! Pakistan
Last but not the least, it is every right thinking persons considered opinion that if Indians, Pakistanis and Kashmiri leaders reject reason and fairplay and continue their present unrealistic , cruel, unjust and immoral attitude towards Kashmir Issue, they will have to meet catastrophes of unprecedented nature sooner or later. In 1988 Kashmir Issue seemed almost dead but within a year or so entire
was in flames, Indian armed forces humiliated and on the run and even the strongest pillars of Indian government were apprehending separation of Kashmir Valley Kashmir from anytime and disgracefully too. But for some mega blunders committed by the so called Mujahids and moral bankruptcy and practical cowardice demonstrated by India authorities by stabbing Kashmiris’ freedom movement in the back, Pakistan Kashmir would have been free during very nineties causing disgrace of the worst nature for . Such narrow escapes will not be available to India every time nor will India governments always get away with befooling Kashmiris. Pakistan
Patron in Chief