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    KASHMIR AT CROSS ROADS

    By Zafar Meraj


BACKGROUND:

Kashmir dispute, to say in nutshell, for me and many others, is a problem, revolving round BROKEN PROMISES AND SHAKEN FAITH.

Promieses were are still being made to people of Kashmir, both by India and Pakistan, two close but hostile neighbours, contenders for what was once called paradise on earth and presently a virtual hell. However, neither of the two ever bothered to honour its promises that eventually led to a situation in which the people at large lost all hope and faith.

It was in 1947, when partition of India took place and a new country under the name of Pakistan appeared on the globe and with that the tragedy and suffering of Kashmiri people started. Kashmir, which is also called as Jammu and Kashmir state, comprising five different regions, namely, Ladakh, Gilgit-Baltistan, Jammu, Poonch and Kashmir, was at that time a princely state, not part of British India, ruled by Maharaja Hari Singh, whose forefathers had *purchased* the entire state along with its inhabitants for a price of 7.5 million rupees from Sikh rulers. Hari Singh, despite being an autocratic ruler, favoured to maintain the distinct identity of his state and was against the very idea of merging Jammu andKashmir, either with Pakistan or India, as was provided under the partition formula. In fact, after Pakistan came into existence, Singh entered into a stand still agreement with Pakistan and handed over his department of Post to that country, for managing its affairs. This saw Pakistan flag flying over the headquarters of Kashmir’s department of Post, on August, 14, 1947.

However, in the meantime, large number of tribal from across the border, from Pakistan, invaded Kashmir, under the patronage of Pakistan army, in a bid to grab the territory and annex it with Pakistan. Though Kashmir happens to be a Muslim majority state, the population did not like the tribal invasion and rose against it. Tribal, who indulged in large scale loot, arson and plunder, also met with strong resistance from local people and even though Hari Singh’s army failed in meeting the tribal challenge, the latter could not accomplish their, otherwise easy task as they instead of marching ahead and capturing Srinagar airport, to block any outside intervention, wasted at least three days in border town of Baramulla, looting anything that they thought was precious, including copper utensils and like.

Meanwhile Hari Singh, in the wake of tribal invasion, fled to Jammu and from there sent a request to Indian government for helping in pushing the invaders back. Lord Mountbaten, the then English Governor General refused to entertain Singh’s request on the ground that latter had first to accede to India. Singh, pushed to the wall by tribal invasion, sought to sign the Instrument of Accession but Jawahar Lal Nehru, then India’s Prime Minister opposed this as a strong popular movement against Singh’s rule was on in Kashmir, led by Shiekh Mohammad Abdullah, a very popular Kashmiri leader. Nehru’s contention was that as Singh did not represent wishes of Kashmiri people, his request for the accession could not be accepted unless supported by the Shiekh. Shiekh, who was very close to Nehru and having serious differences with Jinnah, supported the accession idea, to ensure that tribal were pushed back. But Nehru put a condition to Singh’s request for Kashmir’s accession with India, that a referendum would be held in Jammu and Kashmir, as soon as peace and normalcy returned there, asking people to give verdict on their political future. Thus the accession of Kashmir with India was made a temporary affair, subject to the ratification or otherwise by the people through a free and fair referendum.

Immediately after Singh signed the document of accession, Indian troops landed in Kashmir launching a major offensive against the tribal invaders and succeeded in pushing them back. Meantime India moved United Nations, accusing Pakistan of indirect invasion and sought an indictment for the latter. However, surprisingly, when the Indian troops were about to clear Kashmir from the tribal, Nehru suddenly accepted the cease-fire, resulting that a major portion of the Kashmir was left in the hands of tribal, to be later given under the control of Pakistan. Historians still are not sure why Nehru did this but some suggest Shiekh’s hand in motivating his close friend to accept the cease-fire offer. The reason, Shiekh and Jinnah did not cordial relations, ever and the former knew that in case Kashmir went to Pakistan, he as a politician would have no role to play there and will be reduced to an ordinary politician, not the ‘undisputed leader of Kashmiris’ as he would like to be called. In addition, the parts of Kashmir, that Indian troops were prevented from taking back from tribal invaders, were those where Shiekh’s writ did not run and instead people supported other leaders like Choudhry Ghulam Abbas, who were opposed to Shiekh.

After the cease-fire, an emergency government was formed in Kashmir, with ¨Shiekh being appointed as the chief administrator. Hari Singh was forced to abdicate in favour of his minor son Karan Singh, who was appointed as Regent. Nehru visited Kashmir many a time, addressed public meetings at which he used to assure Kashmiris that their right to decide the political future would be granted to them and their decision alone will be respected and honoured. At one of the public meetings, in the historic Lal Chowk (Red Square), in the heart of capital Srinagar, Nehru gave his hand in the hands of Shiekh when the latter recited a famous Persian couplet, that goes as:

Man too shudam too man shudi - Man jan shudam too tun shudi

(I am you and your are me, If I an the soul, you happen to be the body). This was to demonstrate Nehru’s love and affection for the Kashmir and its people.

However, soon Nehru forgot all the promises he made to people of Kashmir, in Kashmir, on the floor of the Indian parliament and before the United Nations, with regard to their right to decide their political future. He instead directly and indirectly patronised and supported actions that were meant to crush the popular upsurge in Kashmir and that helped his close friend, Shiekh to become yet another autocrat and dictator, after having sought against Hari Sinhg’s autocracy.

RIGHTS’ ABUSE

Many a people are worried, and genuinely so, over the grave abuse of human rights in Kashmir, for the last over a decade, following outbreak of a violent campaign against India’s rule. However if I say that it is not just during last one decade or so, that rights of Kashmiri masses are being abused. The process of rights’ abuse in Kashmir started, well, right from the day Shiekh Abdullah took over the reins of power. Can one believe that Shiekh’s cops used to be on look out of anyone who happened to oppose the new ruler or dared to air the dissent. All such people, and there were many, for many reasons, would be locked up in a police station and hot irons would be used on their naked bellies. Another form of torture was to force sizzling hot potatoes in one’s mouth. Some of the Shiekh’s deputies, holding important positions, would have blank warrants in their pockets, duly signed by the concerned police authorities. Whenever they would found any of their ‘enemy’ walking down the road, they would stop their vehicle, take out the blank warrant, write down the ‘enemy’s’ name in it ands ask the escorting cops to arrest him. Many a time these ‘leaders’ would get even those people arrested, who failed to salute them when they used to be on ‘official visits’. Complaints were made to the Shiekh and also to Nehru, but none came to the rescue of the hapless Kashmiris. They suffered and are continue to suffer, from 1947 till date. Only the form of torture has changed not the policy. It is a bullet now instead of hot iron or hot potato.

FRAUD OF ELECTIONS

In 1950, almost three years after the Shiekh Abdullah took over as the Emergency Administrator, first ever general elections were ordered in Kashmir. Karan Singh, the Regent, issued a proclamation asking people to elect members for a Constituent Assembly, that was to frame a constitution for the state and decide the nature of the government that the state would have. objections from various sides including that of Pakistan, as the elections for the constituent assembly was not against the commitments made by India with regard to the referendum as also in contravention of the UN Security Council resolutions, India made it clear that purpose of the proposed assembly was to frame rules for the self government and it would not affect in any way the disputed nature of the state. Nehru made it categorically clear, in one of his statements made on the floor of Indian lower house, that even if Kashmir assembly passed any resolution with regard to the political future of the state, that would not affect the promise of referendum. However these promises too proved to be hollow.

One interesting thing about the so called elections is that 1950 exercise set the trend of staging frauds in the name of elections, to allow New Delhi to impose its agents on Kashmir people and enact frauds in the name of democratic elections. How free and fair was the 1950 election in Kashmir, can be clear from the fact that of the 75 seats that were to be filled, nominees of the Shiekh Abdullah’s National Conference were declared as having been ‘elected unopposed’. On remaining two seats, exercise was nothing but a ‘friendly match’. It was not that National Conference was so popular that none would dare to give a fight to its nominees. The elections for the Praja Sabha, (Peoples Assembly), that were held in 1946, under Hari Singh’s rule, Muslim Conference had swept the polls, forcing Shiekh to call a boycott of the assembly. But in 1950 elections to prove that he was the only ‘popular’ leader, Shiekh resorted to unprecedented rigging. Many people, some of them having a soft corner for India, raised voice against this fraud that alienated the people of Kashmir resulting in complete loss of faith in Indian democracy, but all in vain. A noted Kashmiri political activist, Balraj Puri from Jammu, who then was a student leader, led a delegation to New Delhi to register protest against the fraud elections. However he was categorically told by Nehru to go back as "we can have the luxury of democracy in Kashmir at this stage".

However, soon, differences arose between New Delhi and the Shiekh, with latter demanding greater powers for his state. A series of parleys were held that culminated in the Delhi Agreement of 1952, that gave Kashmir almost complete autonomy, with India to manage only three subjects, defence, foreign affairs and communication and remaining all the affairs of the state to be managed by the local government. But, before this Agreement could be literally implemented, Shiekh was dismissed as the Prime Minister and arrested along few others on charges of conspiracy to make Kashmir an independent state with the help of United States.

Shiekh was replaced by Bakhshi Ghulam Mohammad, one time confident of the former and with that the process of Kashmir’s merger with India started, though at slow pace. Bakhshi and subsequent regimes, never had the mandate of the people and in fact these worked as New Delhi’s agents, acting on the latter’s pleasure.

In 1975, Shiekh was brought back to power after he renounced his 22 year long struggle for plebiscite in Kashmir, on the plea that he would now work for restoration of the autonomy to Jammu and Kashmir. An accord between Indira Gandhi, then India’s Prime Minister and the Shiekh took place which spoke about the restoration of the autonomous status of Kashmir. But soon this promise was broken by India with contempt, further alienating the masses.

ARMED REBELLION

For all these years people of Kashmir tried all possible avenues, knocked all the doors, to seek justice, demanding fulfillment of the promises which the Indian government had made to them, asking for the basic right to live as human beings and not the second class citizens, worse than those of a British colony. However all their demands were met with contempt and hatred, a rein of terror was let loose to suppress them. And when people had exhausted all the options, came the most infamous 1986 assembly elections. This is the last time when we should make an effort to make our presence felt, seemed to be the only slogan as for the first time in Kashmir’s post 47 history, people actively and wholeheartedly took part in the election process. But their dreams were again shattered and this time very badly. To their shock and surprise, once again the old drama of having fraud in the name of elections was enacted, though more brazenly. And that was it. Shocked, humiliated Kashmiris resorted to the extreme measures. They were virtually pushed to the wall and seeing that all democratic options having been closed for them, the youth took to the guns. I am not an advocate of militancy and like majority of Kashmiris abhor violence. We believe in non violence but when left with no alternative to safeguard our interests, our self respect, if we resort to violent measures, we are not to be faulted. And that is why I and many like me do not think that ongoing armed conflict in Kashmir can be branded as terrorism. I firmly believe that what started in Kashmir in early 1990, was a rebellion by the people at large against the state sponsored terrorism, that was unleashed in different forms and in different fields by New Delhi and its agents imposed on Kashmiris, by fraud and deceit.

Otherwise how does one justify the arrest of four Kashmiri youth, working for an opposition candidate in Srinagar, who had dared to challenge the might of Farooq Abdullah’s National Conference, from inside the building where counting of votes was going on. Not only were these boys arrested, in violation of all prescribed laws and other norms, they were subjected to third degree torture in the police lock up. To add salt to the injury, their parents too were picked up by the police and given a thrashing for ‘not asking your wards to mend their behaviour’. Police did not stop there, it took into custody the opposition candidate too, who at that time had established an unbeatable lead over the official candidate. The results were declared and the official candidate was declared as ‘elected’ even as he did not poll votes enough to save his security deposit. What happened is now history. The four boys, who were counting and polling agents of the opposition candidate turned to be the four ‘area commanders’ of Jammu Kashmir Liberation Front (JKLF) that introduced the gun in Kashmir way back in 1988. And the opposition candidate roughed up by the police was none else than Mohammad Yususf Shah alias Syed Salahudin, the chief of the premier Kashmir guerrilla group Hizbul Mujahideen.

The manner in which New Delhi dealt with the popular upsurge in Kashmir did not help in containing the situation and rather it added fuel to the fire, further widening the gulf between New Delhi and Kashmir. The policy makers in New Delhi thought that by resorting to military tactics they would be able to suppress the movement, but that soon proved to be incorrect. The approach and thinking of the mandarin of North Block was and still is that every Kashmiri Muslim was a "Pakistani" and an "enemy agent" and deserved nothing but bullet. This approach was put in practice in early 1990, with Gawkadal carnage in Srinagar, when scores of Kashmiris, part of a peaceful procession, were gunned down without any provocation, by the Indian troops. And there seems to be no end to this policy and approach of New Delhi that is evident from hundreds of such incidents, be that in Handwara or Bijbehara, be that Haigam Sopore or Pathribal. In the name of fighting gun wielding militants, innocent and unarmed civilians are done to death with impunity, under the cover of special powers that have been given to troops in Kashmir, making them totally unaccountable.

SITUATION TODAY

It is not that the Kashmiri guerrillas who have been fighting the Indian troops, are under the impression that gun alone can help people in achieving the cherished goal of freedom. Right from the day one, guerrilla leaders have been saying that they were forced to take to gun only to make New Delhi admit the hard reality of Kashmir being a dispute, that deserves urgent attention and an amicable solution, in accordance with the aspirations of the Kashmiri masses. All groups and almost all the political leaders are in unison in saying that dialogue alone is the right answer to the Kashmir problem. Everyone in Kashmir craves for peace, but it can’t be achieved under the shadow of the gun. Peace everybody wants, but with dignity and honour and that is where New Delhi’s sincerity is lacking.

It was way back in 1995 that JKLF, a premier Kashmiri guerrilla group announced a unilateral cease-fire and showed its keen desire to open a dialogue. JKLF chairman Yasin Malik, soon after his release from jail, made a public statement to this effect. But what did he and his boys get from the other side, over five hundred members of JKLF have been killed by Indian troops, so far, in the name of being ‘active militants’.

In August last year, Hizbul Mujahideen, presently only strong guerrilla group of Kashmir, called for a unilateral cease-fire with the offer to hold dialogue with Indian government to find some solution to Kashmir dispute. Hizb commander Majid Dar formed a core group that was entrusted with the task of holding talks with Indian representatives. But this cease-fire lasted only few weeks as it was sabotaged by vested interests who are against the very idea of peace in Kashmir. An impression was given that Hizb has surrendered before India and Dar would now be following the foot steps of Kukka Parrey, the renegade leader who along his boys is now working for Indian agencies.

Then came Vajpayee’s Ramazan cease-fire which was welcomed by everyone including the Huriyat Conference, a conglomeration of some three dozen political and other Kashmir groups, that has now emerged as the major political force, spearheading the ongoing movement. But Vajpayee’s initiative was too sabotaged by the hawks, both in Delhi and Kashmir. The assurance given to Huriyat leaders that they would be invited by Vajpayee for talks and that they would be granted permission to visit Pakistan, to persuade Jehadi groups based in that country, to accept the cease-fire and help creating an atmosphere for a peaceful dialogue, was not fulfilled. Also the assurance that Delhi would appoint some credible political personality to continue dialogue with Kashmiri groups was not allowed to materalise. Vajpayee, who many people believe was sincere in resolving Kashmir dispute, now seems to have been held hostage by the hawks. This became evident from what happened in Agra, during Indo-Pak summit when the two leaders could not sign the joint declaration, even as the two had agreed to its contents.

ISSUES OF CONCERN

What however causing grave concern to every right thinking Kashmiris are the attempts being made by various agencies and other vested interests to divide the state on communal and regional lines. There have been talks going on about making the Ladakh region a union territory, bringing it under the direct rule of New Delhi. There are voices raised in Jammu for a separate statehood and ironically the state unit of India’s Bhartiya Janata Party (BJP), is leading the agitation started for the purpose. Though BJP leadership had for sometime in the past stating that it was against the division of Kashmir, party chief Jana Krishnamurthi, talking to reporters in Jammu last month, justified the demand on the ground that it reflected the urges of the people of that region.

Some US based Kashmiri groups have too been working on similar lines that would see Jammu and Kashmir state divided in various parts, thus bringing an end to the rich ethos and traditions that form the Kashmiriyat, most dear to the people. The division of Kashmir serves the interests of many, including India and Pakistan, except the Kashmiris as a whole as if allowed to happen, this would be the end of their distinct identity of which everyone is really proud of.

NEED OF THE HOUR

What is needed at this crucial juncture all shades of Kashmir population join hands to defeat these evil designs, be that communalising the situation or working for division of Kashmir. What is also needed is that right thinking people from India and Pakistan as also the civil society actors across the globe help Kashmiris in this crucial hour as otherwise coming days will see another bloodbath in the subcontinent which could be worse than that of 1947 partition.

Let us be clear on one issue, Kashmir is not a territorial dispute between India and Pakistan nor can it be termed as a bilateral issue concerning the two neighbouring countries. Admittedly, the two countries, being close to Kashmir, are and should feel concrned aout Kashmir and therefore can discuss the situation prevailing there. But this does not give the two countries any right to decide about the fate of the troubled state. Kashmir was, is and shall remain an issue concerning over 15 million people of the state and it is the people of Kashmir alone who have the right to take a decision with regard to their political future, to shape their destiny. Let us give the people of Kashmir their basic human right, to live as human beings, to decide what a life they should live and how they should do it. Let none be allowed to infringe this right of theirs.

 

August, 7, 2001, Montreal (Canada)

 

2nd INSAF Conference Report

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Tapan BoseRead the text
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Zafar Meraj Read the text
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Why Does Hindutva hate Muslims and Christians so violently?
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