Daily Times

Way back during my college days I read a book titled “India without make up”. Over the years I have forgotten the name of the author, who compared Indian society to an onion. According to the author, there is a peel underneath a peel. The book points to the fact that India has a complex societal make up.

One of the best examples of Indian guile and deceit is seen through how India has handled Kashmir for the last seventy one years. It has waited for the right time to wrong the people of Kashmir and the State of Pakistan. India pleaded the existence of a ‘grave situation’ and found a justification to despatch its army to Kashmir, primarily to defend the territory, life, property and honour of the people.

Through three communications dated October 26, October 27 and October 28 1947 with the United Kingdom, Kashmir, Pakistan and a Statement made on January 15, 1948 at the United Nations (UN) India beguiled all into a belief that, when law and order was restored, the ultimate decision would be made by the people of Kashmir through a UN supervised free and fair referendum.

The strength of this deceit overwhelmed the world community. At the 533rd meeting of the UN Security Council on March 1, 1951 Sir Benegal Rau, Indian representative at the Security Council made a statement. “My intention also is to emphasise the human aspect of the problem. The people of Kashmir are not mere chattels to be disposed of according to a rigid formula; their future must be decided in their own interests and in accordance with their own desires.” This diplomatic pincer left no loose end. India was left looking quite loving and sympathetic to the people of Kashmir.

India continued to use its guile. It manipulate the debate at the UN Security Council. The Indian representative continued and stated, “In connection with the last recommendation, I may mention that India has already reduced its forces by 20 to 25 percent, without waiting for any corresponding reduction by Pakistan. May I point out that under the resolutions of the UN Commission for India and Pakistan adopted in August 1948 and January 1949, which both parties accepted, it was for Pakistan to begin to withdraw its army first and only thereafter was India to begin to reduce its own forces. Nevertheless, as l have said India has begun the process without waiting for Pakistan, and India is prepared to continue the process if Pakistan, on its part, will withdraw its army from the State.”

No one is holding the Indian State responsible for using violence to profile, torture, abuse, blind, rape, disable and humiliate the citizens of the disputed State of Jammu and Kashmir

India made a clever move to convince the world community that it had taken the lead in reducing its forces by 20 to 25 percent and that too without waiting for any corresponding reduction of forces by Pakistan. It was not long after that Indian Government removed its first peel of the makeup and began to turn turtle. Today, India has 710,000 soldiers in the Kashmir Valley, to humble and manage a people against their will.

People’s consent is the basis of any legitimate governance. The Government of India does not bother about any such legitimacy in Kashmir. It has used its military strength to wrong the people and habitat of Kashmir. It shored up public opinion on the death of its 40 CRPF personnel killed in the Pulwama suicide attack in favour of war hysteria and engaged world concern on the safety and immediate release of IAF Wing Commander Abhinandan Varthaman caught by the Pakistan army after downing his fighter plane.

The Government of India would not feel any remorse on the use of its 710,000 soldiers in killing nearly 100,000 civilians in Kashmir and lodging all the dissenting voices in various prisons all over India. It has used its deceit and guile in such a manner that the world at large has lost focus on a UN supervised vote in Kashmir. No one is holding the Indian State responsible for using violence to profile, torture, abuse, blind, rape, disable and humiliate the citizens of the disputed State of Jammu and Kashmir.

The Indian State is no more interested in the free consent of the people of Kashmir. It continues to trust its instrument of military might to keep control and manage the area. Although it has been made clear at the 773rd meeting of the UN Security Council (Para 46) held on February 20, 1957 that, “pending the holding of a plebiscite, neither India nor Pakistan can claim sovereignty over the State of Jammu and Kashmir”, India is using all proxies to bring about a demographic change in Kashmir.

The Indian Government seems in a hurry to disturb the remnants of peace in the Valley of Kashmir. After using its wayward army in massive killings, it has started using administrative measures to strengthen its occupation and hold in Kashmir. Out of the two notifications issued on February 28, 2019, one has extended the reservations from residents of LAC (Line of Actual Control) to residents of IB (International Border).

It is a colourful exercise to disturb the status of 92 year old State Subject Law. The Union Cabinet of India has allegedly “approved the proposal of Jammu and Kashmir Government regarding amendment to the Constitution order, 1954”. There is no elected Government in Kashmir and the State is run by the Governor, who is an agent of the Government of India. The administration run through a Presidential rule could not qualify for an elected legislature or elected Government. It does not have a legitimate title, required by an elected Government.

The other notification issued on the same date has declared Jammat-e-Islami Jammu and Kashmir as an “unlawful association” for a period of five years. It is a direct violation of right of association and freedom of expression. In fact, the notification is against the rights guaranteed in the UN Security Council Resolution of April 21, 1948. Jammu and Kashmir is a case of a UN supervised free and fair vote on the future of the State.

The Maharaja of Kashmir paid heavily for killing 22 Muslims in 85 years on July 31, 1931. Unfortunately, the 710,000 Indian soldiers are in no mood to end their sport of killing in the Valley. These forces have killed a generation in the last 29 years.

The writer is the President of JKCHR — NGO in Special Consultative Status with the United Nations

Published in Daily Times, March 4^th 2019.