Daily Times

The treaty of Lahore was signed on 9 March 1846 after the defeat of Sikhs at the battle of Sabraon. Sikh territory was reduced and Sikhs agreed to hand over Kashmir, Hazra and Jalandhar Doab to the British. The Sikhswere also forced to give up the territory between Satluj and Beas rivers to Britishers. This was followed by treaty of Amritsar signed on 16 March 1846. Since Sikhs had to pay a huge amount to Britishers as they were unable to pay, Gulab Singh was able to take Kashmir from Britishers on a payment of 75 lacs, rupees (nanakshahi), the currency of Sikh kingdom. Gulab Singh, acquired “all the hilly and mountainous country with its dependencies situated to the eastward of River Indus and westward of the River Ravi including Chamba and excluding Lahul” according to article 1.

This treaty of 16th march 1846 brought into existence the princely state of Jammu and Kashmir. The partition of Sub-continent left the fate of 568 princely states undecided as they were required to accede to either of the two states on the basis of geographical location. The state of Jammu and Kashmir should have acceded to Pakistan because of its geographical location and Muslim majority, but Harri Singh acceded to India contrary to the wishes of the people. Radcliffe commission, gave a strip of Muslim majority area contiguous to Pakistan to India at a point where the only road link between Kashmir and India could be developed. According to Alastair Lamb, Gurdaspur had a Muslim population of 52.1 percent and the key to accession of Jammu and Kashmir lay through the Gurdaspur district by way of the Indian railhead at Pathankot. On this, there was revolt inside Kashmir and pressing Maharaja to join Pakistan. On 23 October, 1947 frontiers tribesmen entered Kashmir to help their Kashmiri brothers and on 26 October 1947 Maharaja acceded to India which led to landing of Indian army at Srinagar next day. Same day first provisional government of Azad Kashmir came into existence. By 29th October, 1947 the tribesmen covered 115 miles in five days and were just 4 miles from Srinagar when India army landed at Srinagar. By 7thNovember tribesmen had withdrawn. The British commander in chief of Pakistanarmy refused the entry of Pakistani troops into conflict. However, Pakistan responded militarily against the aggression when Indian army started advancing towards Azad Kashmir. Thus Indian and Pakistani forces fought their first war over Kashmir on 1 January 1948. India when came under pressure referred the dispute to United Nations and 1 January 1949 a ceasefire was agreed between Pakistan and India. Accordingly, the United Nation Security Council (UNSC) resolution recognized Pakistan and India as parties to the dispute in which people of Jammu and Kashmir were to decide their future.

The treaty of Lahore was signed on 9 March 1846 after the defeat of Sikhs at the battle of Sabraon. Sikh territory was reduced and Sikhs agreed to hand over Kashmir, Hazara and Jalandhar Doab to the British

In 1953, Shiekh Abdullah setup a committee to consider an option which would facilitate an accord with Pakistan, without which he realized peace and stability were not possible. On 9th October Sheikh Abdullah was arrested on the orders of Jawaharlal Nehru after he was dismissed from the office of state prime minister. Later he was also charged with conspiring to accede to Pakistan and imprisoned until 1964. In 1957, Kashmir was formally incorporated into Indian Union and it was granted a special status under article 370 of Indian constitution. It was drafted by Shiekh Abdullah who was appointed as prime minister of state. According to articles, except for defense, foreign affairs, finance and communications, parliament needs the state government’s concurrence for applying other laws. Article 370 in being misused to destroy the so called self governance and people of Jammu and Kashmir consider this article a farce. After 1965 war over Kashmir, then President of Pakistan General Ayub Khan and Indian Prime Minister Lal Bahadur Shashtri signed the Tashkent Agreement on 1 January 1966. After 1971 war, Indra Ghandhi and Zulfiqar Ali Bhutto signed the Simla agreement which reiterated the promises made in Tashkent. When India first went to United Nation and was all for a plebiscite, however, by the 1990s, it hid behind the Simla agreement and thwarted any attempt at UN or third party mediation. The right of self determination of the people of Jammu and Kashmir was guaranteed by United Nation Security Council (UNSC). There are four parties to dispute, Pakistan, India, people of Kashmir and International Community. Different option and proposal had been discussed through official as well as back door channels.

The Indian Occupied Jammu and Kashmir can be divided into three regions. The majority of Jammu and Kashmir population of 5.4 million is resident of valley and 98 percent are Muslims. Jammu division has a population of 4.4 million and 60 percent are Hindus and 40 percent are Muslims and three districts out of six Jammu divisions are Muslims majority. The third region is Ladakh with population around three lacs, as majority of population is Buddhist followed by Muslims. United Nation Security Council (UNSC) appointed Owen Dixon, as Australian and UN representation on Kashmir and who formulated plans for region wise plebiscite which was recognition of demographic and communal realities in Kashmir. This was to be followed by demilitarization and plebiscite in Jammu and Kashmir. Another solution suggested was Chenab Formula in late 1960s andunder this formula the state of Jammu and Kashmir was to be distributed on the lines of Chenab River which flows through Kashmir. According to it a narrow strip between Ravi and Chenab rivers in Shakargarah stretching upto Chenab and Rajwari district as international border. The town of Kargil might go to India under this give and take but from Kargil upward India will have to agree to give territory to Pakistan. Pakistan may agree to forgo its claim on Ladakh but there will be no compromise on the valley. Ayub Khan tried to persuade Nehru to accept a territorial adjustment while keeping the valley in mind.

Another proposal which was discussed between Sartaj Aziz and Jaswant Singh was that the Hindu majority areas east of Chenab will go to India, the Gilgit Baltistan and Azad Kashmir to Pakistan and maximum autonomy to Kashmir valley as suggested by Kashmir Study Group. Pervez Musharaf and Manmohan Singh also agreed to some points that Jammu and Kashmir could not be made independent and borders could not be redrawn. They also agreed to make line of control irrelevant and it was also agreed that a joint mechanism for both parts of Kashmir could be worked out. Gilgit Baltistan was always taken as a separate identity as this part ethnically and culturally different from other areas which formed part of the Jammu and Kashmir.

It was because of this reason people of Gilgit Baltistan revolted in favour of Pakistan and joined Pakistan voluntarily. According Khursheed Mehmood Kasouri that India made it clear that any solutions to the dispute over Jammu and Kashmir will have to include territories of Jammu and Kashmir including Gilgit Baltistan. There was a strong feeling among section of Kashmir that the former princely state should be considered as one unit in any future dispensation. Quaid-e-Azam loved Kashmir and that’s why he visited Kashmir four times first in 1926 and fourth in 1944. During his last visit he picked up Kh Khursheed as his private secretary and he termed Kashmir as the “jugular vein of Pakistan”. The Indian claim that resistance inside the state is result of so called cross border terrorism. Generation after generation the people of Indian occupied Kashmir has continued to render untold sacrifices against fearful odds. The present struggle is more popular and deep rooted. Every passing day the brutality of Indian army of innocent Kashmiris is mounting as the death are rounded up.

Attacking unarmed/innocent Kashmiris is shameful act as troops have been given full powers and permission to kill and abduct any Kashmiri to torture. The silence of International Community shows that it has turned a blind eye towards human rights violation committed by Indian security forces in the Indian Occupied Kashmir. Recently office of United Nations Commission for Human Rights has released a report on serious human rights violations, to include excessive use of force, perpetrated killings, use of pellet firing shotguns, tortures, forced disappearances, restrictions on the right of freedom of expression and sexual violence in the Indian Occupied Kashmir. One of the most dangerous weapons used against protesters is pellet firing shotguns. According to human rights commission the shotgun cartridges contain almost 500 to 600 pellets andit was first used in Jammu and Kashmir against protesters in 2010. So far over 50 innocent Kashmiris had been martyred as a result of pellet injuries. Thousand received injuries including over two thousands eye injuries. Over 30 innocent Kashmiri were martyred recently in Pulwama district of Indian Occupied Kashmir branded by Indian army as militants. International Community to immediately intervene and protect the innocent Kashmiris from the ongoing killing spree by the occupation forces. It is the responsibilities of International community to stand with the people of Kashmir and expose Indian brutalities at every international forum.

Now the majority of Indian security and defense expert of the view that if Israel can negotiate with Palestinians group Hamas then what is harm taking to Hurriyat leaders to resolve the issue. According to former RAW chief AS Daulat that Kashmir problem cannot be solved by force or military power and it can only be solved by political dialogue. Governors rule which was imposed on 20 June 2018 has been now replaced by presidential rule. Recently, prime minister Imran Khan telephoned United Nation Secretary General to convey his concern on continued human rights violations in India Occupied Kashmir and also informed him categorically that Jammu and Kashmir dispute is not a bilateral issue between India and Pakistan but an International recognized dispute. The best solution of the Kashmir issue could be right of self determination which should be given to Kashmir is in order to give them the right to decide to which country they want to accede. Solution to dispute cannot be recognized without three parties, Pakistan, India and the people of Kashmir agreeing to it.

The writer is a retired as a brigadier from the armed forces of Pakistan

Published in Daily Times, January 31^st 2019.