Daily Times

A well-known Indian in the Valley and former RAW chief A S Dulat has provided a clue in his article published in The Tribune about the actors involved in the back-channel dialogue that has resulted into a return to 2003 cease fire agreement. Personnel in the two military commands are not Walter Mitty Character – their rise in ranks is a rigorous process. A thorough knowledge of political and military history makes them very different from a civilian politician.

A politician usually remains far enough from the study of these two disciplines all his life. One could only say the Irish prayer for the two military commands involved in resurrecting calm on the border, “May the road rise up to meet them and may the wind always be at their back”. There are no two opinions about the fact that the right to life and more so an honourable and dignified life, precedes all other human rights.

It does not however, mean that the military command of the two countries would risk the boast of being able to understand the jurisprudence of the case and risk completing the circle of wisdom on their own behind the backs of the people. Both commands need to share that Indian representative at the 227th meeting of the Security Council held on 15 January 1948, has sealed an argument and said, “It was clear to my government, as indeed it was clear to everybody else – that peace in Kashmir could never be restored or maintained without the support of the people”. India may have found weaknesses in the Political and militant leadership in Jammu and Kashmir and felt a sense of glee – it is temporary. The people unwilling to accept the Indian rule are a weapon that no army strength could ever defeat.

Indian military command has to be reminded, that it has to discharge its obligations as a national army and not as rag a tag volunteer force of RSS who paraded on the streets of Lahore on 20 December 1931 and raised slogans against the Muslims of the Valley and in support of Hindu Ruler and his army, which had killed 23 innocent Muslims in Srinagar. We would not fear the Indian army if it lives up to its uniform and to the statement that Indian representative of Nehruvian India Sir Benegal N Rau made at the 533rd meeting of the Security Council held on 01 March 1951.

India has made it clear at the 533rd meeting of UN SC on 01 March 1951 that, “Accession is to be settled through Plebiscite. Give the people the right to decide whether they would remain with India or not”

He said, “The United Nations Commission for India and Pakistan’s resolutions of August 1948 and January 1949 (S/1100, S/1196) agreed to by all parties, contain adequate provisions for a free and impartial plebiscite under United Nations auspices and the Government of India cannot make any further concessions. The Government of India merely reflects Indian public opinion. And on this question of Kashmir, Indian public opinion cannot forget the fundamental facts, namely, that India voluntarily offered a plebiscite under United Nations auspices…”.

The public in India, in Pakistan and in Kashmir would be watching the sense of honour of these Commanders dressed in the national uniform. Indian Command has to reconcile itself with the statement that Indian representative made at the 533rd meeting of SC on 01 March 1951 (Para 31) and said, “I may mention that India has already reduced its forces by 20 to 25 per cent, without waiting for any corresponding reduction by Pakistan. May I point out that under the resolutions of the UNCIP adopted in August 1948 and January 1949, which both parties accepted, it was for the Pakistan to begin to withdraw its army first and only thereafter was India to begin to reduce its own forces. Nevertheless, as I 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”.

Pakistan has to and need to honour its part of obligations made at the UN Security Council. However, the Indian Military Command has to understand that prior to Indian commitments made at UNSC to Pakistan, people of Kashmir and the world, India has entered into a written agreement with the government of Jammu and Kashmir that the admission of Indian army into the State was temporary, to perform four duties. It was a supplement to the State forces and a subordinate force.

United Nations has placed three restraints, during the stationing and presence of these forces in Kashmir. The Indian Military Command carries a higher burden of honour. A return to the basic constituents of honour, is a challenge for the Indian Military Command. It’s good behaviour was further certified by Sheikh Abdullah at the UN SC. National armies around the world are looked upon with trust and they don’t hesitate to tend to the injured enemy either.

Unfortunately Indian troops have killed a generation in Kashmir. They have wronged the habitat and the people to an extent never witnessed in the history of Kashmir. They may have committed war crimes and are due for prosecution for violation of human rights and to pay reparation. For the two Commands to succeed in maintaining the cease fire, it is important that they update their understanding of the jurisprudence of Kashmir case and rave courage to confront it and interpret it to their two Governments. It could not be done without an independent and expert advice and input by Kashmiris on both sides. It is no more the Kashmir of December 1931 or October 1947.

The Military Commands of India and Pakistan shall have to address the jurisprudence of their respective controls on both sides of the cease fire line. The Indian Command has to revert to the Indian statement made at the 533rd meeting of the Security Council on 01 March 1951, whereat the Indian representative said, “The present legal position is that Kashmir – by which I mean the State of Jammu and Kashmir – is a unit of the Indian Federation, subject to federal jurisdiction in respect of the broad categories of defence, external affairs and communications, but completely autonomous in almost all other matters. In the autonomous sphere, the State is entitled to frame its own constitution and for this purpose, to convene a constituent assembly of its own people….So far as the Government of India is concerned, the constituent assembly is not intended to prejudice the issues before the Security Council, or to come in its way”.

Therefore the Indian action of 5 August 2019 is unlawful and the people of Kashmir have been aggressed against. Government of India has violated the Autonomy Committee Report of the Kashmir Government and has violated the UN Resolutions on Kashmir. It has waged a war against the people under its administrative control. It is a challenge for the Indian Military Command, whether it goes down in history as rag a tag force of RSS of 1931 or stands out as a professional leadership, with a true regard for history and politics of the rights movement in Kashmir.

Indian Military Command should remain on the side of the military conduct and on the side of the written assurance given by Nehruvian India that “On the question of accession the Government of India has always enunciated the policy that in all cases of dispute the people of the State concerned should make the decision”. India has made it clear at the 533rd meeting of UN SC on 01 March 1951 that, “Accession is to be settled through Plebiscite. Give the people the right to decide whether they would remain with India or not”.

Indian and Pakistani military commanders are involved in building and maintaining peace around the world. If they join hands in a genuine quest for peace and begin the charity at home – it will be second great achievement after Independence. All such efforts would remain suspect without involving the people of Kashmir at all stages. They are the compass. Military and Political Commands need to know that “self-determination” is a basic inalienable human right and not an ideology.

The author is President of London based Jammu and Kashmir Council for Human Rights – NGO in Special Consultative Status with the United Nations.