Published On: Tue, Sep 8th, 2015

Pakistan view versus Indian view

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By Dr. Syed Nazir Gilani –

Peace at home and peace in the neighbourhood is an individual need and a universal obligation. Peace constituency in Kashmir, India and Pakistan has been shocked to see the present regime in Delhi and its elements behind the files hell bent to cry for blood.

Delhi was able to trick the Peace constituency for a little while at all levels. It had succeeded to brush its teeth snow white and at one point it seemed that Pakistan was not demonstrating comfortably well at home and at the international level. Islamabad was caught in a web of confusion on its policies at home and on its position on Kashmir.

Good Indians and saner elements in India who out of their natural instinct as members of civil society had all the time on earth to visit Valley during militancy, urging all and sundry to cease fire and attempt a dialogue, should see what has gone wrong with Modi administration. The flexing of military muscle on the border, killing a Kashmiri citizen or a Pakistani citizen, accrues a criminal liability. The death of a Kashmiri living on the Pakistani side of cease fire line, is a serious violation of the terms of admission into Kashmir and of UN obligations placed on the Government of India.

War is no solution. Pakistan has a UN obligation and a Constitutional arrangement with the Government at Muzaffarabad, to assist it “to provide for better Government and administration – until such time as the status of Jammu and Kashmir is determined in accordance with the freely expressed will of the people of the State through the democratic method of free and fair plebiscite under the auspices of the United Nations as envisaged in the UNCIP Resolutions”. Defence of the Kashmiri on its side of Jammu and Kashmir is a national and an international duty of Pakistan. Pakistan could make a reference to the UN Security Council to assist it in protecting the lives and securing peace in the area. It is likely that UN may have to supplement UNMOGIP with a further international military back up.

Modi Government is a prisoner of its political faith and some individuals who incremented their careers by killing, torturing, taking youth out of circulation, humiliating and dishonouring men and women of Muslim community in the Valley. There is hope as well and there are saner elements out there. Dr Karan Singh the former Sadre-Riyasat has warned that a “war” between nuclear powers India and Pakistan “will have a serious fallout”. He has urged the two countries to “discuss all outstanding issues including J&K rather than adopting the path of confrontation”. Indian hawks should pay due heed to a Kashmiri who has been a witness to all their intrigues and has witnessed all Indo-Pak conflicts from 1947.

Peace constituency in the Valley need not regret their favour for peace. If there is any regret it should be for those elements in Delhi Government who carry a deep seated malice for a Valley Muslim and have deceived him from United Nations in 1948 to July 2000 cease fire with militants in Kashmir. India has failed to burn the candle from both ends and its hand is caught between two fires on the question of Kashmir.

Pakistan has corrected its course on Kashmir and the nation has started bouncing back from a bad dream of dotted approaches. Pakistan seized back its world authority, when the Speaker National Assembly Sardar Ayaz Sadiq was unanimously elected as the President of the CPA in October 2014 in Cameroon on the occasion of the 60th CPC. It was also decided there that the next Conference of the 53-Member nations, 178 parliaments would be held in Islamabad, Pakistan from September 30 – October 8, 2015. It was return of due prestige to Pakistan in Commonwealth countries.

The country is gaining in confidence and the first litmus test is the decision of the National Assembly of Pakistan to pull back as host of the 61st Commonwealth Parliamentary Conference in the interests of the right of self-determination of the people of Jammu and Kashmir. Pakistan has stamped its no on the legitimacy of the Government based at Srinagar. The decision is in accordance with Pakistan’s stated position and the UN Security Council Resolution of 30 March 1951. The assembly at Srinagar is elected from only a part of the State and is not complete. It has also failed to structure itself as provided by the UN mechanism on Kashmir.

India a land of ancient wisdom is driven by present day communal content where hatred of a Kashmiri Muslim is the domineering qualification. It is a challenge to secular credentials of India and to others to either sit idle and watch or step in and change the course. India is now sliding down the hill on the Kashmir case. All her efforts to engage the peace constituency and the Government of Pakistan, have turned out to be a time gaining exercise. Pakistan and the people of Kashmir have started performing well on the merits of the Kashmir case.

Kashmir returned as a principal reference at the Fourth World Conference of Speakers of Parliament held at the United Nations from 31 August to 2 September 2015. Acting Speaker of the National Assembly of Pakistan Murtaza Javed Abbasi said at the Conference that “Outstanding disputes continue to fester in the region preventing it from realising its tremendous economic and social potential. Foremost among these disputes is the issue of Jammu and Kashmir.” He said Kashmir is an “internationally recognised” disputed territory, underwritten by several United Nations resolutions. “The Kashmiri people have waited for too long for their just and inalienable right to self-determination. Peace in South Asia is an imperative not only for the people of that region but also for the citizens of a globalised world. It is time to enable them to exercise these rights through an independent and impartial plebiscite under the United Nations, paving the way for a sustainable peace and development.”

Indian reply to the stand taken up by Pakistan and the explanation given by Indian Lok Sabha Speaker Sumitra Mahajan at the Conference that “Jammu and Kashmir is an integrated part and parcel of India. Pakistan should keep in mind that elections take place in Jammu and Kashmir and its people participate in a democratic process to elect their state government. There is an elected government there. What can be more democratic than this,” does not stick. Indian speaker added, that “Pakistan must know that this platform is the Inter-Parliamentary Union platform and a forum where the 2030 development agenda is discussed,” all this is outdated and rejected by all and sundry in Kashmir, Pakistan and at the UN.

India shall continue to taste embarrassment on her flawed narrative. She does not have the trust of the peace constituency and the world community any more. She has submitted a case at the UN and has used a Kashmiri leader (Sheikh Sahib) as a “co-sponsor” of her claim. Indian application is subject of a reference to free and fair vote of all the people of the State of Jammu and Kashmir. There is no doubt that the people have been going to polls but each poll (except one) has been accepted by the Government of India to have been rigged. RAW chief has confirmed in his book on Kashmir that IB has been running the Government since 1947.

Local elections or any exercise of that manner, has been discussed in the UN and it has been held that local elections would not be a substitute to self-determination. People who have faith in equality of people (Muslims of the State in particular) have rejected the Indian claim that Kashmir is its integral part. The claim has been rejected by the two houses of Jammu and Kashmir Assembly while endorsing the report of State Autonomy Committee.

Therefore India does not have a case either in Srinagar, Muzaffarabad, Gilgit, Diaspora or at the UN except that she has to assist the Government of Jammu and Kashmir to set up a provisional representative Government, charged with a responsibility to put the UN mechanism on Kashmir in practice.

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