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Home > India > News > Columnists > Rajiv Sikri

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Giving Kashmir away? No way

August 21, 2008

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Is it an orchestrated coincidence or random chance that on August 17, two leading national dailies prominently carried commentaries advocating independence for the Kashmir Valley? With surprising ease and lack of angst, each author has argued in favour of secession by part of an integrally constituted state of the Union of India.

Tremendous efforts by all the state and non-state personae in Jammu & Kashmir and the rest of India over the last six decades have seen sharp ups and downs, almost see-saw phases in the feelings of alienation followed by assimilation, poverty followed by growing prosperity among the people of this state.

The last few years have brought in the most sustained period of political stability, free and fair elections, economic recovery and strengthening integration, achieved through painstaking efforts and sagacity by all players. Heading into the November 2008 state assembly elections in Jammu & Kashmir, the separatist groups found themselves on the sidelines, threatened with further irrelevance and declining support should these elections be held as smoothly and with equally wide participation as those in 2002.

The Amarnath Yatra [Images] land issue that surfaced in June has been extremely poorly handled by the state and central governments at every stage. The nation needs answers and accountability about why in less than two months the marginalised separatist groups are once again being allowed to set the political agenda in the Valley. Why have no efforts been made to explain the reality of the proposed temporary land allocation scheme (for the Amarnath Yatra) to the agitating people in the Kashmir Valley? Why have the strong feelings of every community in Jammu over the cancellation of the allocation been so deliberately ignored and under-estimated? Why is it that even the most elementary efforts were not undertaken to disabuse the people of Kashmir Valley about a so-called economic blockade? If there was at any point the possibility of a shortage of essential supplies for the people of the Kashmir Valley this should have been overcome by arranging sufficient airlifts and/or trucking in such supplies through the alternative Manali-Leh route.

At the same time, no matter how serious these lapses, the answer cannot be to suggest that the Kashmir Valley be allowed to secede from India. The sovereignty and territorial integrity of a nation is as much a composite whole as the human body is. If there is an ailing part of the body, you diagnose the problem and take remedial measures, not carelessly, almost casually, suggest an excision and discarding of the offending section.

For those who advocate a referendum in Jammu and Kashmir [Images], there are some questions. Do they feel that Jammu and Kashmir legally and constitutionally cannot be considered a part of India? On what basis can there be a referendum in the Kashmir Valley, or separate referenda in Jammu, Ladakh and the Valley? On what basis can "independence" be considered as the so-called third option? Should the proposed referendum be based on the UN resolutions of August 1948 and January 1949? Or are such sentiments the manifestation of a simultaneous bout of exasperation and giving in to the separatists who have been quite unnecessarily allowed to mount pressures in a sudden reversal of the peaceful situation that existed in the state prior to June?

The UN resolutions of 1948/49 (adopted by the UN Commission for India and Pakistan) are unequivocal and specific in making the proposed plebiscite in all the five regions of Jammu and Kashmir conditional upon (i) withdrawal of Pakistani troops from all the areas of the state of Jammu and Kashmir that it has occupied (this includes PoK, the Northern Territories and the Shaksgam valley that has been ceded by Pakistan to China); and (ii) the withdrawal by Pakistan, from these occupied areas of Jammu and Kashmir, of their tribesmen and nationals not ordinarily resident in these areas. The UN Commission in an aide-memoire issued on January 14, 1949, stated that in the event of Pakistan not implementing these pre-conditions, India's acceptance of the UN resolutions would no longer be binding on them.

As recently as March 2001 former UN Secretary General Kofi Annan, speaking in Islamabad [Images], accepted the legal and practical difficulties in implementing the UN resolutions and hence their irrelevance. It is evident that the UN resolutions no longer provide any basis for holding referenda either in the Kashmir Valley or in Jammu and Ladakh.

Jammu and Kashmir is an integral part of India, and will remain so. The Constitution of Jammu and Kashmir itself recognises this. Any move to hold a referendum in any part of Jammu and Kashmir would contradict the fundamental statement in Section 3 of the Constitution of Jammu and Kashmir that 'the State of Jammu and Kashmir is and shall be an integral part of the Union of India'. Section 147 prohibits any amendment of Section 3 by the state legislature. In any case, India has stringent laws that forbid secessionist activity.

It is time that the people of India and all national political parties come out unequivocally against anyone who advocates secessionism. In this context, the print and electronic media too should be more responsible about giving prominence to such views.


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