| Welcome to Global Village Space

Wednesday, January 25, 2023

Pak’s lacklustre response to Indian aggression in Kashmir must change

Ex senior-most judge of the Supreme Court of Azad Kashmir (AJK) argues that international diplomacy is based on the principles of “tit for tat“ — not a passive gentleman response — and absolutely not when you are facing around the clock sworn enemy. Several matching responses, besides diplomatic statements coupled with valiant action on LOC, are still awaited.

Print Friendly, PDF & Email

Hindutva hysteria created by BJP led government under the stewardship of Modi has created a war-like situation between India and Pakistan. LOC is on fire unnerving Kashmiris on both sides of the divide. Kashmiri Muslims in particular and the entire Muslim community of India, in general, is marginalised. Almost every other person in the govt of India is vomiting venom against Pakistan and Muslims.

India is treating Kashmiri Muslims as Pakistanis. Military and political elite in Pakistan is in unison to believe that India is seeking an opportunity by staging false flag operation to attack AJK & GB which they claim to be their territory.

Whether AJK & GB can be by any stretch of imagination deemed as being a part of an agreement, constitution or law is an interesting study requiring a separate and specific treatise. The territory of the state under Indian occupation too, has ceased to have the status which the ruler’s conditional agreement had created in India.

Read more: Challenging Times for Kashmir

Decisive response to Indian aggression; statements should be backed by action

This write up is in the backdrop of General Qamar Javaid Bajwa’s statement somewhere on the line of control a few days ago, “Kashmir is a disputed territory and any attempt to challenge the disputed status including any political cum military thought related to aggression will be responded with full national resolve and military might.”

This was followed by detailed interview of Major General Babar Iftikhar DG ISPR on the capital talk, a show hosted by Hamid Mir on Geo news, in the backdrop of all Indian pretensions to attack on AJK & GB. He said, “Being a military spokesperson, let me say this: Indian aggression aimed towards Pakistan will be responded [to] with full might, there should be no doubt about this. We are ready, we will respond and we will respond with full might.”

Indian warfare on the line of control coupled with its leadership’s rhetoric and Pakistani resolve to combat, undoubtedly display a prelude to war between the two nations. When going gets tough, tough gets going. War is the ultimate option to resolve the disputes when all peaceful options fail. This pill has to be swallowed to uphold the sovereignty of the nation and state in accordance with the principles of war.

Read more: Pakistan Army Chief warns against change in Kashmir’s disputed status

I have no reason to doubt that the Pakistan army is capable of doing what its Chief and spokesperson said. It has become overdue now, given the brazen human rights and humanitarian laws violations leading to genocide and extermination of a nation.
The responsibility of Pakistani forces is not only to save AJK & GB territory and their people, but to extend protection umbrella & liberate their brothers on the other side of the border from occupation. They are being grilled under occupation for their allegiance to Pakistan.

In the backdrop of the General’s statement, I dare to say that “The disputed status of the state of J&K has in fact constitutionally and psychologically been challenged” without being combated with matching constitutional, political, diplomatic and psychological zeal and response. India is flying off the handle because of inaction against its recurring unconstitutional and inhuman actions. That too, in spite of the usual thunders “To respond with full national resolve and military might“ by the General.

International diplomacy is based on the principles of “tit for tat“ – not a passive gentleman response – and absolutely not when you are facing around the clock sworn enemy. Several matching responses, besides diplomatic statements coupled with valiant action on LOC, are still awaited.

Indian aggression: response on diplomatic & political level? 

Having failed to scrap Simla agreement on Siachen occupation in 1984, this is the most suitable occasion to scrap it along with all other agreements and MOU’s not acted upon (except those which are brokered under international arbitration). Such steps should be taken given the unilateral challenge to the status of Kashmir since 5th August and actions being pursued thereafter. Centrality of the agreement having been breached – it is rendered dead.

Read more: India’s violence in Kashmir continues: 4 freedom fighters martyred

Pakistan is estopped to raise Kashmir issue at international forums on the pretext of this dead agreement.

The legitimacy for occupation of Kashmir based on conditional accession agreement by the ruler, pending plebiscite under UNSC resolutions and bilateral agreements having vanished by extending the Indian constitution to state as a whole, should be reviewed. Standstill agreement with Pakistan dated 12 August 1947, accepted by Pakistan on 15/8/47 should be restored.

Constitutional changes to help Kashmir cause

Pakistan should amend its constitution to include whole of state under article 1 of its constitution subject to plebiscite under UN supervision and pending that, AJK & GB be given rights equal to provinces of Pakistan and the seats in the Parliament of Pakistan be kept vacant for IHK.

Read more: India’s foreign policy having trouble handling Kashmir & China

Article 257 of the constitution of Pakistan needs to be given wider interpretation at the political and diplomatic level within the parameters of these words: “Relationship between Pakistan and the state shall be determined in accordance with the wishes of people of that state”. The goals should be to attract and accommodate the aspirations of those seeking, but denied autonomy within India and those, who seek an independent state of J&K.

This article is wide enough to include in itself anything beginning with “merger “ to “confederation“, as wishes of the people manifest.

Given the change in the residential status rules, (state subject rules), qualifying non-state subjects to be residents of state and settlement of millions of non-state subject; non-Muslims will change the demography of the state.

Indigenous commission for collecting evidence 

The Govt of AJK need to appoint a commission to devise an electronic mechanism to prepare a directory of state subjects, called residents of the state, both pre and post changed rules, residing anywhere in the world. It should be used as a proof of change of demography in the state and share with UN, EU, P5, and all human rights commissions and think tanks around the world. It will be a sort of voters list for a plebiscite.
It will also enable close liaison amongst genuine state subjects around the world.

Read more: How is India altering demographic dynamics in Kashmir?

The aforementioned commission needs to be tasked to prepare lists of special and local laws protecting homogeneity, property, education and service rights which were repealed after 5th August. It should also carry out the promulgation of new laws or amendments in existing laws. The state should be open to all non-state subject Indians to usurp the local and special rights of the residents of the state, though similar local rights of eight other Indian states are protected for local residents under Indian constitution.

Focusing on the human rights aspect; world community should be apprised

A human rights commission needs to be constituted in AJK to collect human rights and humanitarian laws violations by Indian forces and agencies within J&K, to be displayed around the world and shared with counterpart human rights commissions of the world.
Any of the two hereinbefore referred Commissions can perform both the tasks.

The Gulf states, their writers, scholars and news agencies which have taken an exception to the Hindutva designs of Indian Govt, in and outside India, need to be consistently briefed and sensitised about the Indian designs of converting Muslims forcibly to Hinduism and their claim over Kabba. The argument should be supported by the statements of the leaders of RSS/ BJP in and out of Government.

Read more: “Modi is trying to crush Kashmiris with brute force,” PM Imran Khan

West, particularly their think tanks, press, universities, important churches particularly the Vatican, Church of England need to be sensitised on the persecution of non-Hindus, particularly Muslims & Christians by India throughout.

Author Justice (r) Syed Manzoor Hussain Gillani retired as the senior-most judge of the Supreme Court of AJK. He was educated in Srinagar, occupied Kashmir, and migrated to AJK in 1976; can be reached at manzoorgillani@hotmail.com. The views expressed in this article are the author’s own and do not necessarily reflect the editorial policy of Global Village Space.