Stance of Pakistan and India
Kashmir, located in the south of Asia, is a disputed territory between Pakistan and India since 1947. It was a state of Prince Hari Singh who bought Kashmir for 7,500,000 rupees from British authorities. It was the largest state in subcontinent. Hari Singh treated the Kashmiris gravely and created havoc in their lives. During the independence movement in subcontinent, Kashmiris played a vital role to free their land from Hari Singh and wanted to be a part of Pakistan but because of its immense importance India wanted Kashmir to remain in its federation and therefore the viceroy of that time and the first Governor General of India, Lord Mountbatten, made amendments in the maps of two countries, Pakistan and India, and provided a way to India, to enter Kashmir valley. This led to an issue between Pakistan and India, that is unresolved until now. Both countries claim Kashmir to be their part and therefore on this issue Pakistan and India fought three wars, in 1948, 1965 and 1971. Moreover, this is an issue that is not only affecting the relations of India and Pakistan but also the lives of the people of two countries. Kashmir today is under the control of three countries, India, Pakistan and China. The part of Kashmir that India controls is called Jammu and Kashmir, the part under the control of Pakistan is called Azad Kashmir and china controls Aksai chin. Pakistan took control of Azad Kashmir in 1948, when mujahedeen retaliated in Kashmir valley. Although India claims that Kashmir is its integral part however, Kashmir should belong to Pakistan because Pakistan can give protection to the basic human rights of Kashmiris, majority of the population of Kashmir is Muslim and that it is the desire of Kashmiris is to become a part of Pakistan.
The most outrageous aspect of Kashmir is the violation of human rights of its people. People of Kashmir are living under the oppression of Indian government and to hide the decrepitude of Kashmiris, Indian government has banned the entry of foreign journalists and even their local journalists are not allowed to report without the consent of government. But bits and pieces of news have been leaked out through indirect sources and the most authentic report is of four Human rights association of India. These organizations are The People’s Union for civil Liberations, The citizen for Democracy, The Radical Humanist Association and Manav Ekta Abhiya. Their report is an eye opener for the world as report states numerous incidents of the atrocities, especially by Indian security forces. For example report states a heart rendering incident of an injured person that, “An injured person was brought to the door step of a doctor for medical attention. Neither was the injured person allowed to enter the clinic nor was the doctor allowed to come out to attend him with the result that he died (Azmi, Aqil Ahmad). There are numerous such examples of brutality and inhumane treatment of Indian government and army, for example, the same report mentions a dreadful incident, that when Indian forces opened fire on public without provocation, number of people died including a pregnant woman and her 8 year old son (Azmi, Aqil Ahmad). People of Kashmir spend most of their day in a curfew and are not allowed to roam freely. Moreover, on the other side of boarder, in Pakistan controlled Kashmir, valley is declared as a state, having its own President and Prime Minister, where Kashmiris have right to live in a way they want by legislating their own laws. Furthermore, not a single incident of brutality is reported from Azad Kashmir and Azad Kashmir valley welcomes not only journalists but others as well to visit its beauty. Kashmiris of Azad Kashmir have a right to vote and they make full use of it. The recent by-election is an evidence of the use of their right to vote.
Although inhabitants of Jammu and Kashmir do have a right to vote but Kashmiris do not want to be a part of their electoral process and its evidence is that the turn out of the elections in Kashmir always remain very low. “So far, the election turnout has been low, while some areas such as Soyimoh and Bhatgund in south Kashmir have even recorded zero turnout”(Al-Jazeera). Moreover, the report of above mentioned organizations state numerous incidents of rape of young Kashmiri girls by military forces of India. As it reports,” Two members of the team were taken to the house where two young girls were said to have been raped by security forces” (Azmi, Aqil Ahamd). Pakistan is providing quality education to the students of Azad Kashmir by building medical colleges, Mohtarma Benazir Bhutto Medical College; Mohidudin Medical College; AJK medical college, engineering universities, University of science and technology Mirpur AJK, and other educational institutes, University of Azad Jammu and Kashmir. However, the Kashmiri students of Indian controlled Kashmir face racism, due to the partial behavior of Indian government towards them. Recently, while celebrating the win of Pakistan cricket team in a match against India in Asia cup, 130 Kashmiri students have been expelled and the University is not willing to give admission to any of the Kashmiri student. While, Pakistan is eager to give these students admissions in Azad Kashmir (Press release). Furthermore, Indian army martyred number of Kashmiris and tried to hide the evidences. According to recent reports 100 unnamed graves are found in the Kashmir Valley. Moreover, thousands of Kashmiris are living rest of their lives in jail as Indian government considers them terrorists. India claims to be a democratic country and a secular state but it always tries to crush the voice of Kashmir. While, in Azad Kashmir no such incidents ever took place, people in Azad Kashmir have a right to speak, to express and to live in a way they want. Hence the basic human rights of Kashmiris are well protected by Pakistan as compared to that by India
According to the rule of partition, all States should declare their accession keeping in mind the majority religion of the people of state. BBC reports show that about 95% of population of Kashmir valley is Muslim. . As Kashmir is a predominant Muslim state it should have a right to be a part of Pakistan. As other states declared their accession on the basis of the principle that was acceptable to both party, Muslim league and Congress. For example, Prince of the state of Bahawalpur declares its accession with Pakistan on the basis of the majority religion of his state people. Moreover, the Princes of Kalat, Makran, Las Bela and Kharan also sign the paper of accession with Pakistan because the majority of the people in their state practice Islam. Similarly, a number of states declare their accession with India on the basis of religion. For example the state of Tripura, the state of Karnataka, Manipur and Goa declare their accession keeping in mind the religion of their people. This principle was adopted so that the respective governments will be able to provide protection to the religious rights of people. But being a Muslim predominant valley Kashmiris are facing a lot of hurdles towards practice of their religion. Many a times they are not allowed to go for SALAH and for Juma prayer. Aqil Ahmad Azmi in his book Kashmir AN Unparalleled Curfew, states, “Hindu society is an oppressive, be intolerant and unjust society”. Moreover, they are not allowed to slaughter cows in public on the eve of Eid-ul-Azah. Instead of providing liberty in their religious rights for being a secular state Hindu society forced Kashmiris to convert to Hinduism. On the other side of the border in Azad Kashmir Pakistan gives protection to all religious right of the people. As Pakistan is also a Muslim state, based on the principle of religion, Kashmiris never faced hurdles in practicing their religious sermons. As Quaid-e-Azam, Muhammad Ali Jinnah said,” you are free to go to your temples, mosques and churches. As your religion has nothing to do with the business of the state” (28 October Peshawar). Hence Kashmir should be a part of Pakistan on the basis of the religious affiliation of Kashmiris with Pakistan.
It is the desire of Kashmiris to be a part of Pakistan rather than of India. This is the reason that India is not willing to have a plebiscite in Kashmir as Indian officials are well aware of the will of Kashmiris. Indian defense minister, Krishna Menon, on 5 February 1964 states in the United Nations,” Kashmir would vote to join Pakistan and no government responsible for agreeing for plebiscite would survive “(Kashmir). This statement of Krishna Menon clearly reflects the will of Kashmiris. Moreover, Naghma Mangrio states in her book A Historical and Political Perspective of Kashmir,” As far as the Kashmiri people were concerned they had natural interest in allying themselves with Pakistan. At the time of the transfer of power, Muslims constituted about 78% of the entire population and around 93% in the valley itself. Kashmir had religious and cultural affinities with Pakistan. It has over nine hundred mile border with Pakistan. Besides this there were many other factors which linked the Kashmir closely to Pakistan”(Mangrio, Naghma).Furthermore, Sir William Barton describing the affiliation of Kashmiris with Pakistan states,” After the British withdrawal, a section of the Moslem community, influenced by rumors that the Maharajah intended to accede to India, started a revolutionary movement. It was savagely dealt with by the Maharajah's Hindu and Dogra troops” (Barton, William). Musarat Alam, who was in jail when came out on bail, hoisted flag of Pakistan publically. Moreover, he raised slogans in favor of Pakistan and millions of Kashmiris raised their voice along with him. A popular slogan that he used was, “Kashmir bane ga Pakistan” shows the desire of Kashmiris and their affiliation with Pakistan. Therefore, Kashmir should have a right to join Pakistan not only on the basis of religious affiliation but also on the basis of cultural affiliation.
India claims Kashmir to be its integral part on the basis of the paper of accession signed by Hari Singh and this claim is based on fundamental misrepresentation. India argues its case on this basis in United Nations but as this claim is based on fraud and a resolution is present in United Nations that the fate of Kashmir will be decided by the people of Kashmir. The claim of India about accession is a fraud perpetrated with the full participation of Lord Mountbatten, “There were many other factors which linked the Kashmir closely to Pakistan. This clearly shows that Lord Mount Batten accepted the accession against the interests of the people of Kashmir” (Kashmir issue1). Muhammad Ali Jinnah, Governor General of Pakistan at that time, declare it to be intrigue and violence. In a meeting with Muhammad Ali Jinnah to resolve the issue of accession, Lord Mountbatten in his personal report states “continuing, he, Jinnah, said that the accession was not a bona fid one since it rested on fraud and violence and would never be accepted by Pakistan. I asked him why he used the term ‘fraud’ since the Maharajah was fully entitled in accordance with Pakistan’s own official statement about Junagadh… to make such an accession. It was therefore perfectly legal and valid. Jinnah said that this accession was the end of a long intrigue and that it had been brought about any violence” (KASHMIR).
Moreover, the one that has testimony is Mr. M.C Mahajan, the prime minister of Kashmir at the time of accession, who himself gives the following narrative” in the early hours of the morning of 27th, I could hear the noise of planes flying over Sardar Baldev Singh’s house, where Mahajan spent the night ,and carrying the military personals to Srinagar. At about 9am, I got a message from… Srinagar that troops had landed there and had gone into action. On receipt of this message, I flew to Jammu with Mr. V.P Menon…Mr. Menon and myself met his Highness, Hari Singh had driven down from Srinagar the previous night to his winter capital, at the palace… After some discussion, formal documents were signed which Mr. Menon took back to Delhi… I stayed at Jammu. This was a narrow shave “(Kashmir). But analyzing this sequence of events Mr. Stanley Wolpert writes in his book “Jinnah of Pakistan”,” Mahajan’s autobiography account of his most important sequence is at critical variance with the previous reports published by V.P.Menon and others close to Nehru and Patel and associated with the Government of India at that time. Menon insists that Kashmiri’s instrument of accession was signed and delivered to New Delhi before any Indian troops were flown into action in Srinagar, Mahajan reports the reverse. The actual sequence is of more than academic interest, since India’s claim to Kashmir was, in legal terms, based on having secured a legitimate instrument of accession prior to airlifting, any troops into the vale”(Kashmir). This contrast in the narration of M.C.Mahajan with the reports of V.P. Menon, assigned with the task to convince the Prince of different States to join India, reflects the fraud inside the claim of India. Moreover if the claim of India is considered to be legal, that the India hold the right to declare Kashmir as its own part just because Maharajah wants to make Kashmir to be a apart of India as compared to that of Pakistan then Pakistan also holds the right to declare Hyderabad as its part as the Prince of Hyderabad, The Nazam, preferred Pakistan rather India. But as this is not a strong claim to make therefore Pakistan never interfere in the invasion of Hyderabad even when the Nazam flew to Pakistan after the invasion of his state by India. Furthermore, it is a known fact that the mental state of autocratic Maharajah was not good at the time of accession. Therefore there is no legal validity of an act of a person in such a mental state and under circumstances with Indian troops marching in the valley. Hence Indian claim of Kashmir to be its integral part is based on fraud and Kashmir should be a part of Pakistan as Pakistan hold legal right to claim Kashmir as its part.
Consequently, the claim of Pakistan is just and is based on principles. Therefore Pakistan has the right to declare Kashmir as its own part. Sir William Barton states,” In population, as well as geographically, Kashmir is logically a part of Pakistan” (Barton, William). Thus, the claim of Pakistan is logical as well. While, the claim of India is not as strong as that of Pakistan and therefore United Nations has to make a decision regarding the plebiscite so as to give Kashmir its due right to join Pakistan. Although India claims that Kashmir is its integral part however, Kashmir should belong to Pakistan because Pakistan can give protection to the basic human rights of Kashmiris, majority population of Kashmir is Muslim and that, it is the desire of Kashmiris is to become a part of Pakistan.