India says Pakistan is an aggressor, and in October 1947 pushed Pathan tribal of North-West Frontier Province into Kashmir led by a Kashmiri Major Khurshid Anwar, resident of Azad kashmir, of erstwhile British Indian Army, to occupy Kashmir by force. India and Pakistan fought three full scale wars [India fought fourth war with China in 1962]. In October, 1947, due to Pathan invasion managed to occupy 40% of Kashmir State. Fierce battles were fought in September 1965 at Chamb, Jurian, Akhnoor with no positive results for either side. Thereafter, in December, 1971, Pakistan lost the Eastern Wing [East-Pakistan] and the independent nation of Bangladesh was created.
India maintains that it received a call from the people of 'East-Pakistan' to help them from Pakistan army who they said were committing atrocities on the local population. India, thus, waged a war on Pakistan and liberated 'East-Pakistan' to become an independent nation of Bangladesh. After 9/11 Pakistan on the back foot is busy trying to save the country from internal and external intrigues, especially dealing with terrorism. In a nutshell, Pakistan has been a loser all along and like India in an identical fashion treated Kashmiris politically in the area held by it ruling that part through their agents and puppet Governments installed from Islamabad. There has been no political or armed resistance against Islamabad and therefore no violence or uprising against Pakistan is on record.
Out of the hundreds of recorded situations, Hindu fundamentalist extremist Organizations like Sang Parivar, Bajrang Dal, Hindu Mahasabha, Jana Sangh of Jammu notoriety and out of many more the notable Shiv Sena of Bombay, busy with ethnic cleansing and finishing the Muslim community economically, like in Jammu, Ajmeer, Aligarah, Jabalpur, Salempur, Meerut, Thana-Bhiwindi in Bombay, Jaipur, Moradabad, Calcutta, Madras, Kerala and a special mention of butcher Narendra Modi of Gujarat cannot be ignored, and finally the Babri Mosque, a tip of the ice-berg.
India must take a cue from Pakistan to crush these above mentioned Hindu fundamentalist terrorist organisations to allow peace and harmony to prevail, so that all people, irrespective of colour, creed or religious background, live in an atmosphere of live and let live brotherly conditions. After all India claims to be the largest democratic secular country of the world and to maintain the image is vitally important. The saner elements in India do realise that it is practically not possible to wipe out the entire population of over three hundred million Muslims, Christians in the North-East or elsewhere in India or Sikhs to carve out a Hindu State.
Days before Pathan tribal invasion, India had already managed to station Maharaja Patiala´s elite force at Srinagar Airport to guard it from any aggression. The air-lifted Indian 1 Sikh on 26th October, 1947 was surprised to see the job already done, a very pleasant welcome situation. The purport ´Instrument of Accession´ did not exist anywhere before above mentioned Pathan aggression. Kashmiris have been fighting Indian Army right from the day when Sheikh Abdullah on 9th of August 1953 was removed as Prime Minister of Kashmir, charged with sedition and treason, imprisoned for eleven years in Kud jail near Jammu and later externed to South Indian city of Kodaikanal, finally shifted to Kotla lane in Delhi. It started off with stones and brickes filling their own graveyards and in 1989 the armed uprising became altogether a different story.
Maharaja Sir Hari Singh supported by his Prime Minister Ram Chand Kak with all determined intent to maintain the status quo of sovereign independent status of Kashmir. Pandit Jawaharlal Nehru, a master politician, managed to put Lord Mountbatten on his side; first by befriending Lady Edwina Mountbatten and then successfully roping in Sheikh Abdullah to convince Lord Mountbatten that Sheikh was on their side and was against Muslim Pakistan. Sheikh, just released from Maharajas prison, was lodged at Nehrus Delhi residence at 17 York road and finding himself in the company of Lord Mountbatten, Sardar Baldev Singh, V.P.Menon, Dwarkanath Kachru, Mehr Chand Mahajan, the current Prime Minister of Sir Hari Singh (a trusted man of Pandit Nehru and one of the members of Boundary Commission headed by Radclliffe to decide the fate of Gurdaspur) got overwhelmed and could not understand that the rug was being pulled from under his feet. He did realize it soon when he was removed from office and jailed but it was too late because by then V.P.Menon and Mehr Chand Mahajan had stage managed the drama to get the purport accession document signed from Maharaja.
Article 370 specifies that except for Defense, Foreign Affairs and Communication, the Indian Parliament requires the State Government´s concurrence applying all other laws to the State of Jammu & Kashmir. Thus the state's residents lived under a separate set of laws, including those related to citizenship, ownership of property, fundamental rights, as compared to other Indians. Similar constitutional arrangement exists in tribal of India including those in Himachal Pradesh, Arunachal Pradesh, and Nagaland however it is only for the state of Jammu and Kashmir that the accession of the state to India is a matter of dispute among India, Pakistan and the people of Kashmir which is still on the agenda of the United Nations Security Council. The 1974 Indira-Sheikh accord mentions, The State of Jammu and Kashmir which is a constituent unit of the Union of India, shall, in its relation with the Union, continue to be governed by Article 370 of the Constitution of India. Indian citizens from other states and Kashmiri women who marry men from other states cannot purchase land or property in Jammu & Kashmir.
Constitutional abuse accompanied political fraud. Article 370 was intended to guarantee Kashmir´s autonomy. On December 4, 1964, Union Home Minister G. L. Nanda said it would be used to serve as a tunnel in the wall in order to increase the Centre´s power.
The State was put in a status inferior to that of other States. One illustration suffices to demonstrate that. Parliament had to amend the Constitution four times, by means of the 59th, 64th, 67th and 68th Constitution Amendments, to extend the President´s Rule imposed in Punjab on May 11, 1987. For the State of Jammu and Kashmir the same result was accomplished, from 1990 to 1996, by mere executive orders under Article 370.
The plan was not meeting impassable resistance among the ranks of Princes, with the exception of Kashmir (which had a Hindu ruler but was mainly a Muslim state) and Hyderabad (which had a Muslim ruler but was mainly Hindu). Nehru being a Kashmiri was intent on travelling to Kashmir himself to see the Maharaja, but my father realized the dangers inherent in that plan and luckily we could take up a long-standing invitation to visit the Prince ourselves. There was therefore a political expedient to our trip to Kashmir to convince the Maharaja to accept the plan and save Nehru humiliation.
CREDIBILITY OF "INCREDIBLE INDIA"
INDIAN ARMY´s CRIMES IN KASHMIR
International Forum for Justice and Human Rights
- 5084 people have been arrested
- 500 have been detained under (Public Safety Act)
- 30 schools have been set ablaze in last five months
- 250 to 275 militants operating in the Valley
WATCH THE VIDEO
(Kashmir, A Disputed Legacy, Page 338)
"It is regretted that the interests of the State and of the people should have been entrusted to one class of men, and still more to be regretted that these men, the Pandits, should have systematically combined to defraud the State and to rob the people."
The Valley of Kashmir
"The Government of India used Sheikh Abdullah as its agent to stir up communal trouble in Srinagar in 1931 so as to destabilise the State of Jammu & Kashmir and thereby force the Maharaja Sir Hari Singh to give in to British pressure."