Daily Times

August 5, 2019, was the darkest day in the annals of South Asia. The Modi-led BJP Indian government unlawfully scrapped Articles 370 and 35-A from the Constitution of India.

This illegitimate action stripped Indian-held Kashmir of its special status, brought IhK under law and constitution of India and revoked curbs on non-resident Indians regarding the purchase of property in occupied Kashmir.

Pakistan had never accepted Article 370 of the Indian Constitution as Indian occupation of Kashmir was an affront to international law. India had itself envisaged this special provision in its constitution to administratively regulate Kashmir.

Article 35-A was later inserted into the constitution to ban the purchase of property by non-residents of Indian-held Kashmir.

India and Pakistan have divergent narratives on Kashmir: it is “nothing-but-Kashmir” for Pakistan, and, for India, it is “everything-except-Kashmir.”

Quaid-e-Azam M A Jinnah had declared Kashmir the jugular vein of Pakistan. History bears ample testimony to the fact that Pakistan is incomplete without Kashmir. The 1947 Independence formula for partition provided for the inclusion of the Muslim-majority areas into Pakistan, while the Hindu majority would go to India.

Even though Kashmir was a Muslim majority area, its fate fell victim to a conspiracy. Pakistan has ideological difference with India on Kashmir. Both the countries fought out three battles in 1948, 1965 and 1971, including a near-to-battle situation on Kargil in 1999. Frequent Line of Control (LoC) and Working Boundary (wb) violations from Indian forces has been a common feature since 1947.

Diplomacy is the first line of defence. Pakistan has to utilise it in all respects

India itself took this matter to the UN in 1949. The UN Security Council, through its two resolutions, acknowledged Kashmir as a disputed territory between India and Pakistan; accepted the right of Kashmiris to self-determination and declared that the people of Kashmir would themselves resolve this dispute by a plebiscite under the auspices of UN. The two resolutions on the agenda of UNSC are still awaiting implementation. Supreme Court of India had, in a number of its judicial pronouncements, also acknowledged the status of Kashmir as a disputed territory. Kashmiris have been struggling for their right of self-determination against the illegal occupation of Kashmir by India. It was, and is, an indigenous movement for the liberation of the land from unlawful control.

By repealing Articles 35-A and 370 of the constitution, the Indian government has gone not only beyond its constitutional mandate but has also thrown out the resolutions of the watchdog of international peace. It has frustrated the very judgments of its apex court.

This move of India has its moorings in Hindutva. Modi-led BJP is a staunch follower of Nazi German doctrine of Hitler: Modi doctrine is a hotchpotch of fascism, racism and Hinduism. The BJP poses to be a super-nation and hate not only the Muslims but Christians too because both the latter nations had ruled India from 712 A.D. till 1857 and 1857 till 1947 respectively. This hatred has culminated into an ideology known as RSS.

In addition to the repeal of two Articles of the Constitution, India has deployed 150,000 more military troops into this valley. 700,000 troupes were already there. The region has also been subjected to attack of cluster bombs. They have imposed a curfew and blackout in the area. The valley is cut off from the rest of the world. Even tourists have been ousted, and it is declared “NO GO AREA” for everybody, including international missions and media. The action of the Indian government is uncivilised, illegal, inhumane and violative of international law and Geneva conventions; offensive to human rights and in flagrant abuses of resolutions of UN Security Council. This unilateralism of India negates its so-called rhetoric of secularism and pluralism. It rather goes to show that India is a biased Hindu, racist and fascist state. The situation is worst to the extent that Indian judges, media and intellectuals are scared of BJP-led government.

Racism and fascism of Hindutva are aimed to marginalise a targeted community; Muslims of IHK. The socio-political researches around the globe have found that such marginalised communities may get radicalised. The situation here is not that of radicalisation as the UN has accepted its status as the disputed territory between India and Pakistan and right of Kashmiris to self-determination has been acclaimed.

Article 35-A of Indian Constitution has been repealed with a view to replicate Israeli model: by lifting the ban on purchases by non-residents, Indian government intends to change the demography of the region by converting the Muslim majority into a minority to defeat plebiscite because Indians are now allowed to invest and settle in the region just as they can, elsewhere in India.

Pakistan has taken very serious exception to the unlawful act of the Indian government. Pakistan has taken it to the Security Council. The European Union has criticised the Indian act. China has declared it an act of terrorism and has taken it as an attack on its sovereignty. Turkey has condemned this action. International media, including daily Guardian, Washington Post and New York Times, have, while adversely commenting, given place to this event in their newspapers. But Indian-held Kashmiris are looking towards Pakistan.

Indian Independence Day (August 15, 2019) has been observed as a Black Day across Pakistan and on both the sides of LoC. Pakistan has observed its Independence Day (August 14, 2019) as a Solidarity Day with Kashmiris of IHK. Prime Minister Imran Khan has, in his address to the legislative assembly of Azad Kashmir on August 14, 2019, warned India that in case of any adventurism, there would be retaliation with more force. He has asked the international community and peace-keepers of the world that if any war breaks out between two nuclear states, India and Pakistan, its sole responsibility would be on the peacekeepers of the world for their failure to settle such a long-standing internationalised dispute in the nuclearised South Asia.

It is high time for Pakistan to come forward on all fronts to internationalise this dispute: engaging international media; awakening world community; activating all embassies around the globe; sending diplomatic missions to the US, Europe and Muslim world for making them aware of it; arranging seminars and workshops at international forums through intellectuals of Pakistan to create awareness about this issue at global level; sending statesmen and intellectuals to create awareness about this issue around the globe and asking the UN to accredit its special mission to IHK to find out the human rights violations, genocide of Muslims and War Crimes by Indian Army inside IHK.

The language to be applied for all correspondence and addresses must be legal and argumentative. Diplomacy is the first line of defence. Therefore, it has to be utilised in all respects.

When Prime Minister of Pakistan visited the US in July 2019, President Trump had offered his good offices to mediate on the dispute of Kashmir. Time has come when the US needs to be engaged for the resolution of this dispute. The position is far better when compared to the past as the US wants to withdraw its forces from Afghanistan with honour. Pakistan is playing the role of bringing the US and Taliban on the table to find out ways and means for a peaceful pull out of the US-led forces from Afghanistan. The international community needs to be enlightened that bilateralism has failed due to the obduracy of India. Therefore, the solution lies in multilateralism. The world knows South Asia is nuclearised. The world needs to be made aware that Indian action is a threat to international peace because, in case of any nuclear war, it is the world at large, which shall also be the sufferer. The world needs to know the Indian government has designs to target other minorities within India: Christians, Sikhs, etc.

Pakistan needs to cut off all relations, including diplomatic ties, with India forthwith. The Pakistani community is living all around the globe. We need to engage the diaspora of Pakistan around the globe to highlight this issue at all levels. The world needs to understand that two-nation theory was well-founded and this action of the Indian government has re-established the legitimacy of two-nation theory because unionists have now accepted it was their mistake to prefer India over Pakistan.

By acting upon Modi-led BJP Indian regime’s doctrine, it has virtually ruptured the constitutional and social fabric of India. It wants Hindu superiority in the region. India has first targeted the Muslims in IHK. Its other targets are other minority groups in India.

Why did India choose this moment for this illegitimate action? Answers are: during the recent visit of Prime Minister of Pakistan to the US, President Trump’s offer for mediation between India and Pakistan on Kashmir dispute has created havoc in India; China-Pakistan Economic Corridor (CPEC), as a game-changer in South Asia for economic growth of China and Pakistan in the world economy is an eye sour to India; for the first time, military and civil government are on the same page in Pakistan and Pakistan is swiftly coming back to path of prosperity systematically. It is a matter of inconvenience to India.

The US-led forces need peaceful pullout from Afghanistan and Pakistan is playing a vital role in talks for the settlement of the US with the Afghan Taliban. This fact has directly affected the Indian influence in Afghanistan.

The major players of world political economy will remain away from this issue for their economic interests in the big economy of India is no argument for two-fold reasons: Asia is nuclearised, and a nuclear war will badly affect regional and global peace. If it happens, there will be devastating effects on the economy of all players.

Kashmir is an international flashpoint in the most volatile region of the world. Any misadventure will be devastating for the world. India does not want third-party intervention for mediation for it knows the nitty-gritty of the dispute will make India’s dual face known to international.

Pakistan has got an ideological nexus with Kashmir. This situation is though not a battle but war. In its special session convened in New York, on the request of Pakistan, the Security Council, comprising of 10 non-permanent and five permanent members, has taken note of this issue after 50 long years on August 16, 2019. The dispute stood accordingly revived at the international forum.

We need to focus on op-eds in international print media: New York Post, Washington Times, Guardian and Al-Jazira. We need to hold seminars, workshops and symposia at world fora: universities, academies, etc. We need to inform the world that India wants hegemony in this region. We need to build a correct narrative through Pakistan diaspora for the awareness of the comity of nations. We need to convey to the world that if this issue is not addressed at the earliest, it might trigger another World War.

Pakistan needs to formulate a two-pronged strategy: long-term to expose India policies to the world community and short-term to internationalise the dispute. Pakistan is a signatory to the UN Charter and as such, a party to the statute of ICJ.

Article 36 of the UN Charter is self-contained. Under the Indian Declaration of 1974 before the UN, Pakistan may take it to ICJ. We need to take it to OIC. Pakistan may ask OIC to hold Islamic Summit in Pakistan this year on an emergency basis as it is a matter connected with dignity, solidarity and integrity of the Muslim Ummah and Kashmiris are looking to the Muslim World for help.

It needs to be reiterated that Indian illegitimate act has re-established the legitimacy of the Two Nation Theory. There are more than 25 crore Muslims in India. There are other communities like Sikhs, etc. and they are in millions. India wants to target all minorities turn by turn and Kashmir is just a beginning. There are around 1.4 billion Muslims in the world. The genocide of Muslims in India and IHK may give birth to radicalisation. It is, thus, a trial of the UN as to how does it behave in this situation, which is akin to 2nd World War.

After 50 long years, Kashmir (which has been on the agenda of UN Security Council since 1949) has come to light in an especially convened Session of Security Council. If UN Mission goes to IHK for fact-finding, it will be a matter of exposure of India’s war crimes and flagrant violations of Geneva Convention in IHK. Let the Security Council retrieve its two resolutions on Indian-held Kashmir from its record room for implementation within a prescribed time-frame.

Pakistan must press hard for a partial plebiscite in Kashmir (AJK) as per the resolutions of UN Security Council to make Azad Kashmir as part of Pakistan’s territory. The Security Council may impose sanctions against India for lifting the curfew and ending blackout in IHK. Otherwise, there will either be a proxy war or a war, which may further trigger nuclear war leading to another World War.

The writer is a lawyer and partner at UMR Practice