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Saturday, 11 September 2010

KASHMIR ISSUE: The Most Equitable and Honourable Solution: (Amanullah Khan

 KASHMIR ISSUE --------- (II)
The Most Equitable and Honourable Solution
Amanullah Khan, Patron-in-Chief Jammu Kashmir Liberation Front (JKLF)

Note:   The purpose of this series of articles on Kashmir Issue is twofold. Its first purpose is to present the history of Kashmir Issue in its true and factual perspective as much as possible. This has become a must because vested interests and the self-made direct and indirect claimants to the proprietorship of Kashmir and their pets and puppets in Kashmir have polluted the history of Kashmir in general and of Kashmir Issue in particular, so much so that after passage of 63 years, this adultered history looks almost undeniable. This is enough to mislead the new generation of Kashmir. The second purpose of these articles is to pinpoint a clear and achievable goal for the people of Jammu Kashmir State that can prove, as I see it, real national emancipation for them provided they make up their mind to achieve it come what may. What is equally important, the solution of Kashmir Issue proposed herein is in the best interests of India and Pakistan as well, as it will result in heralding the dawn of a really peaceful, prosperous and respectful future for them too. (Amanullah Khan)

Well about a dozen solutions to 63 years old Kashmir Issue have been proposed so far but none of them got implemented as either of the parties(and in some cases both) disagreed with them for different reasons though. These solutions included (1) The UN supervised plebiscite per UNCIP resolutions to determine the constitutional status of Jammu Kashmir State. (2) The Dixon Plan (3) Division of the State on religious basis (4) Settlement of the issue through negotiations between governments of India and Pakistan(5) Joint Control of India and Pakistan on the entire state(6) Complete independence of the whole state (7) Complete independence of Kashmir Valley and the rest of the State to go to India and Pakistan.(8) Making the present LoC permanent Indo-Pak border (9) Self Rule to all three regions (10) To give the entire State or part of it under UN Trusteeship for some time followed by a final settlement and Demilitarisation .
       The proposed solutions including S.No.1 and 4 accepted by both India and Pakistan in the beginning could not be implemented due to opposition to them by one or the other party to the issue arguing, rightly or wrongly, that they were detrimental to their respective national interests. None-the-less there surely does exist a way to solve the issue without hurting the national egos or harming the legitimate national interests of India, Pakistan or Kashmir.

The Victory – for – all Solution
The solution of Kashmir problem that does not hurt the national egos or harm the legitimate interests of any of the three parties hence cannot and should not reasonably be rejected by any of them, is that it should be peaceful, equitable, democratic and honorable.
        The only solution that fully meets all these criteria is (1) to re-unite the divided Jammu Kashmir State in several peaceful phases and after simultaneous withdrawal from there of all Indian and Pakistani armed and civilian personnel (2) make it temporarily though, a fully Independent State with a democratic (having a bicameral parliament) federal (Kashmir valley, Jammu, Ladakh, Azad Kashmir and Gilgit Baltistan as its provinces) and  secular system of government (3) having compulsory friendly relations with all its neighbors with India and Pakistan in particular  under the doctrine of peaceful co-existence. They should undertake not to violate the borders or interfere in the internal affairs of Kashmir and the latter should pledge not to let its territory or airspace to be used against any of her neighbors. Although it can be said with full surety that an overwhelming majority of the people will vote for perpetuation of the proposed type of independence, it is nevertheless a must to subject the matter to the freely expressed will of the people in order to make the solution really a democratic one. As such there be a free and fair referendum 15 years after independence, under international auspices in which Kashmiris will determine whether Kashmir should perpetuate its independence, become part of India or Pakistan or adopt any other course and that fair and democratic verdict of Kashmiri people be accepted by all concerned i.e. India, Pakistan all Kashmiris and international community, as the final settlement of the Issue and implemented.
      This is the only solution of Kashmir ‘imbroglio’ that is not only peaceful, equitable, democratic and honorable, but can surely prove to be permanent and solve the problem once for all. Let us see how.

    A study of the proposed solution makes it clear that all the steps to be taken towards its accomplishment will be peaceful. Moreover since the proposed independent Jammu Kashmir will have democratic , federal and secular system of government , the rights and interests of religious and cultural minorities will be safeguarded , hence there will be no communal or ethnic disturbances, no mass-migrations hence no bloodshed too, either during the transitional period or after that.

The proposed solution is equitable because it does not do any injustice to any of the parties to the issue but will, in the long run, be highly beneficial to all concerned. It does not do any injustice to India because it does not take away from her anything that belongs to her. Indian claim that Kashmir is India’s integral part by dint of Maharajas accession  of the state to India, is baseless and unjustified firstly because the Maharaja had signed it at a time when he had lost control of the bulk of the State, and secondly because inspite of accepting Maharaja’s conditions for accession, India did not fulfill them  nor did India fulfill her own pledge given at the time of conditionally accepting the accession of the State to India, the pledge of letting the people of the very State determine their own future later through democratic means. (Yet another unfair act on the part of Indian government, she sent troops to Kashmir before officially accepting, even receiving the Instrument of Accession from the Maharaja). And thirdly and most importantly, because after pledge given at UN Security Council on Jan. 15, 1948 and after accepting UNCIP resolution of August13, 1948 both of which provided that the future of the entire Jammu Kashmir State would be determined in accordance with the result of the UN supervised plebiscite in the State, Maharaja’s accession to India had become totally invalid, irrelevant and meaningless. As such asking India to leave the part of Kashmir under her unjustified control to its real owners, the people of Kashmir, does in no case amount to any kind of injustice to India hence the solution is equitable.

This solution does not do any injustice to Pakistan because under Indian Independence Act (IIA) of 1947 Two Nation Theory (that Muslim majority areas should become part of Pakistan and rest of free India) applied only to British India (part of the subcontinent under direct rule of the British) and not to the princely States (including Kashmir) whose future had to be determined by their hereditary rulers. Incidentally this provision of the IIA 1947 had been demanded by All India Muslim League, itself the very mother of Pakistan and the purpose was to pave the way for the Muslim ruler of the Hindu majority State of Hyderabad to declare complete independence of his State as desired by him. Moreover Quaid-e-Azam Muhammad Ali Jinnah, the president of Muslim League had himself accepted the right of the Maharaja of Kashmir to determine the future of his State. In his policy statement issued on July 11, 1947, the Quaid had 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 Pakistan. I have already made it clear more than once that the Indian States are free to join either the Pakistan Constituent Assembly or Hindustan Constituent Assembly or remain independent. I have no doubt that the Maharaja and the Kashmir Government will give their closest attention and consideration to the matter and realize the interests not only of the Ruler but also of his people” (page 24 of the book ‘Quaid-e-Azam Muhammad Ali Jinnah: Speeches and Statements 1947-48’ published by Govt. of Pakistan).As such Jammu Kashmir does not ipso-facto become part of Pakistan just because it was a Muslim majority State. Therefore, asking Pakistan to accept independence of the entire State if Kashmiris so desire, does not amount to doing any kind of injustice to her.

The condition that the proposed independent Jammu Kashmir should have compulsory friendly relations and agreements of peaceful co-existence with its neighbors is meant to address the genuine concerns and apprehensions of India, Pakistan and Kashmir about their security and economics.
As for Jammu Kashmir itself, its complete independence will be, for absolute majority of its people, like their sweetest dream coming true. To make this solution more protective of people’s rights, the provisions of democratic, federal and secular system of government for the proposed independent Kashmir are to protect the rights and legitimate interests of the religious and cultural minorities hence could not amount to any kind of injustice to any section of the people of the entire State.
This solution will be equitable for international community because it will do away with the danger to world peace and smooth working of global economic order posed by continuous tension between two South Asian nuclear powers.
This solution of Kashmir issue will be equitable for all concerned because it will ultimately result in a very peaceful, prosperous and dignified future for all the three parties to the issue.

The solution will be democratic because the final settlement of the issue will be based on the unfettered and free will of the people of entire Jammu Kashmir State expressed through the proposed referendum to be held under international supervision fifteen years after re-unification and independence of the State.

The solution will be honorable for all the parties to the Issue particularly for India and Pakistan because (1) it will solve the Issue  without hurting the national egos of India and Pakistan and without giving either of them a sense of defeat as neither of them will be required to handover to the other the part of Kashmir under her control (2) without harming the legitimate interests of either of them as independent Kashmir will be having compulsory friendly relations and agreements of peaceful co-existence with both of them. It will be honorable for the people of Jammu Kashmir because it will be they themselves and not outsiders, who will determine their future.

The solution will prove durable rather permanent firstly because it will be to reasonable satisfaction of all the three parties and secondly and more importantly because it will open the doors for a peaceful, prosperous and respectful future for all of them.

None of the other solutions of the Kashmir Issue proposed so far from any quarter is as peaceful, equitable, democratic, honorable and permanent for all parties to the issue i.e. Kashmiri people, Pakistan, India and even the international community. What is all the more important, this solution is sure to prove durable rather permanent hence will open the doors for a peaceful, prosperous and dignified future for the peoples and states in the entire  region.


Amanullah Khan, Supreme Head, Jammu Kashmir Liberation Front (JKLF)
B-144, Satellite Town, Murree Road, Rawalpindi
Tele fax: 92-51-4425689, Email, web.


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