Who will annex Kashmir?

Author: Muhammad Waqar Aslam

In 1949, 32000 sq km from a total of 84000 sq km were given to Pakistan after the local tribes belonging to Kashmir waged a war. Ziegler said that Mountbatten himself supervised troops. As a result, Pakistan has to compete in return. Prime Minister of India Jawaharlal Nehru called this an international dispute several times on the floor of the house.

The Kashmir issue was raised in the UN’s six rounds of table dialogue held from 1966 to 1971. Tashkent Declaration was enforced between both countries. The debacle of East Pakistan again strained the dialogues. War was waged once again. Then came the Simla agreement in which the bilateral framework was implemented. 1989 was the year of turbulence and irritation for Kashmir. Then, in Musharraf’s regime, the Agra Summit was held, and the peace process was again reinstated.

The Dixon formula was rephrased in which the partition of the state river lines was discussed. Chenab line was readopted and talks resumed further but that didn’t last long. It was dissolved after the ramifications of the allegation came forward from the Indian side. The Kashmir Dispute was heralded as the 3rd June plan had already decided what shall be done to the princely states. So, the letter of accession was never accepted by the first Governor-general of India. The prerogative used before abrogating article 370 and 350 was that according to the UN charter article 2 t(7), the UN could not intervene in any domestic matter but after the special status was infringed, the dispute became international again. Article 49 of the Geneva Convention said that the occupying power shall not deport or transfer parts of its population to the territory it occupies. UN Article 47 concerned the dissolving of this conflict by retreating military and giving minimum forces to that territory only to maintain law and order. India is converging from its stance again and again as in 1948, it was denoted as an international matter. In 1972, it was declared a bilateral issue and in 2019, they are again exclaiming it as an internal matter.

The quandary Kashmir Dispute legacy has been verging towards a new arena. From May 1, 1948, to January 1, 1949, troops were engaged there. There remained three options of demilitarisation, plebiscite or independent Kashmir

Dr Ambedkar refused to write article 370 in 1949. It was written by Gopalswami and added to part 21 of the Indian constitution, which only constitutes temporary provisions. Sheikh Abdullah, who had even been in contact with Pakistan, ceded his loyalties to India and became Prime Minister of Kashmir. The governor of Jammu and Kashmir was called “Sadar-e-Riasat” at that time.

Article 35A was incorporated through presidential order 1954. The anonymous fact is that these powers, in both articles, were already given by Hari Singh in 1927 under the rule named “Kashmir for Kashmiris.”

367(2) gives power to the president of India to amend any article and Article 368 of Indian constitution gave this right to the parliament to do so with a 2/3rd majority. Modi imbecilely tried to show his decisiveness by revoking these articles and making lives of Kashmiris miserable. They are going through deplorable conditions while Modi is trying to divert attention from his poor governance in India, INR 7,600 crores-corruption, unemployment ratio of 6.1 per cent, bankrupt Jet airways as the corporate structure speedily downsizes. India is also massively jealous of Pakistan’s incredible role in the Afghan-US dialogue. The released prisoners are honouring the narrative of Pakistan and its role in this peace talk is applauded by the US.

Meanwhile, tension is soaring high in Hong Kong where revolting radicals are on fire and unwilling to surrender at any cost. The evasion of the limited autonomy of Hong Kong is also challenged by the People’s Republic of China. This situation emerged as the Taiwanese government tried to implement their law on Hong Kong’s natives but an extradition bill came in the parliament of Hong Kong. To which, China has many reservations that Beijing was under threat of losing its chain and command status in Hong Kong. This British colony has also remained a dispute. Despite having its resources and economy, it is dependent on others.

The Trump Administration has announced that Israeli settlements on Palestinian lands are not illegal. This, despite the existence of a 2016 UN Security Council Resolution to the effect that Israeli settlements on the West Bank were a flagrant violation of international law. This, despite the Fourth Geneva Convention categorically stating that changing the demography of an occupied territory was illegal. This, despite the UN General Assembly Resolution 3314 categorically stating that the annexation of land through the use of force was illegal. This is varied despite the EU Member States having stated for decades that the annexation of Occupied Palestinian Territories was illegal and non-justifiable. This is the Trump Administration for you, one which stands for giving recognition to everything deemed illegitimate and illegal. One, which has no respect for the new world order that the international community had aimed to establish with the creation of the UN way back in 1945. I can’t think of anyone who would be satisfied with these developments other than Adolf Hitler, wherever he might be. The land settlements shall be done without any prejudices. Pakistan shall proceed to the International Court of Justice for stopping Kashmir from turning into Palestine or being resolved like the so-called independence of Hong Kong, which is in a turmoil; cringing between Taiwan and China.

The writer is an International Relations analyst, who knows the actual gimmicks behind international politics

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