Are we losing Kashmir
By M.N. Buch

Recently, I purchased a packet of walnuts. The brand is AUK, named after the owner of the company Haji Anayat-Ullah Khan. The carton containing the walnuts has on it a green crescent and star symbol. It may be argued that just as many products are marketed with a trishul or swastik or Ganesh symbol, the AUK packet of walnuts bears an Islamic symbol because the owner is a Muslim. The only difference between the two is that whereas the trishul, swastik and Ganesh are not symbols of the Indian state, the crescent and star is very much a symbol of Pakistan.

India and Pakistan may be friends elsewhere, but in Kashmir they are belligerents which makes the flaunting of the state emblem of Pakistan an act of extreme provocation. When we see this in the context of stories filtering in that people of the area of Jammu & Kashmir adjoining PoK regard Pakistan as their home and the national anthem of Pakistan as their anthem; read with reports of the Kashmir valley responding to a call by pro-Pakistani groups to boycott Republic Day, one is naturally perturbed deeply by what is happening in Kashmir. Far from winning the hearts and minds of the people of Kashmir we are in grave danger of losing the valley to Pakistan. This fear becomes all the more grave because successive governments in India have been hesitant to adopt the correct line in Kashmir, which is to tell the people of that state that they are Indians and will not be allowed to separate from us and, equally, tell Pakistan that we shall neither retreat one inch in Kashmir nor allow our policies to be dictated by Pakistan.

The unchecked, mass exodus of Pandits does not inspire confidence about the resolution of the Kashmir problem any time soon

I have repeatedly written that India’s presence in Jammu & Kashmir is as legitimate as it is in Madhya Pradesh, Maharashtra and West Bengal. We did not enter Kashmir till it was invaded by Pakistan and the Maharaja formally acceded it to the Indian Union. The Instrument of Accession is as legitimate as that signed by the Maharajas of Cochin, Nawanagar, Gwalior or Jaipur and from that day on Kashmir became an integral part of the Indian Union. The offer of plebiscite by Jawaharlal Nehru was totally invalid and in any case is no longer alive because of the attitude of Pakistan. Our presence in Kashmir is further legitimised by the fact that we went in to defend our own people against a brutal invader.

This has to be the starting point of any thinking by us on Kashmir and the Government has to be very firm that if there are changes to be made in administrative structures in that State, those will be made by the Government of India and not on the basis of any discussions with separatist groups in Jammu & Kashmir or with Pakistan. We do not tell the Government of Pakistan how should it rule the province of Sind. Pakistan cannot tell how we should rule Jammu & Kashmir. This is our internal matter.

Pakistan calls Kashmir a disputed territory. Why do we call it disputed? Even regarding PoK, which includes the so-called Northern Areas, there is no dispute in our minds about sovereignty. The only issue there is the termination of Pakistani occupation and restoration of the territory to India. This can be done through diplomacy or it may be done by the use of force. We should be open to both options.

I am aware of the fact that there is a group in Kashmir that advocates Azad Kashmir. Let us look at the Indian Constitution, especially Article I. For ready reference it is reproduced below:

“Name and territory of the Union: (I) India, that is Bharat, shall be a Union of States. (II) The States and the territories thereof shall be as specified in the First Schedule. (III) The territory of India shall comprise: The territories of the States; the Union territories specified in the First Schedule; and such other territories as may be acquired”.

The Article categorically states that the territory of India can be enlarged by acquisition. It does not permit ceding of territory to any other power. This makes the so-called Azad Kashmir some mythical land outside the territory of the State of Jammu & Kashmir (including PoK and Northern Areas). If some misguided people consider themselves citizens of the so-called Azad Kashmir let them hunt for this mythical land and go and live there. Certainly it will not be within the bounds of the whole state of Jammu & Kashmir. This has to be made absolutely clear to everyone, including separatist groups in Jammu & Kashmir, with a specific statement that the position is not negotiable.

Our security forces in Jammu & Kashmir are working under many constraints. We are a civilised nation; Kashmir is an integral part of India and its citizens are as much our people as are the Punjabis and Tamilians. Therefore, the rule of law must prevail. At the same time the rule of law does not require us to put our security forces at hazard, or be weak in action taken against separatists, militants, terrorists and others who are actually gangsters, criminals and murderers. Firm, consistent and just action by the security forces must be supported. The norms by which their actions must be judged should be appropriate to the situation in hand rather than by the standards which prevail in, say, Goa.

This brings us to the role of Pakistan. From where are the militants getting their weapons? It’s certainly not from India. Pakistan is the only country other than China which borders Jammu & Kashmir. China is not supporting separatism in Kashmir because it already has its problems in its extreme northwestern provinces, where Islamic fundamentalism has raised its head. That leaves only Pakistan as a source of weapons, funds, training and manpower for the so-called jihad in Kashmir.

How can a country, on whose hand is the blood of thousands of innocent people in Jammu & Kashmir, claim to speak for the people of that State? How can India discuss Kashmir with such a country? This means that we have to be prepared for military action beyond our borders in order to keep our country inviolate. Our leaders must understand this and send a clear message across Pakistan that whereas India does not seek war, it is not afraid of war either. Right now there is a notion in Pakistani ruling circles that India is a weak state and can be pushed to the ropes without incurring a strong response. This misconception has to be cleared.

In Jammu & Kashmir, from times immemorial, about half a million Kashmiri Pandits and other Hindus lived in the Valley. They have been driven out forcibly over the last 30 years and are now refugees. Not one of the people who shed tears in Gujarat have lifted a little finger to help the Kashmiri Pandits. If the Indian state is to prove itself to be strong it must restore the Pandits to the Valley and for this purpose the use of any amount of force would be justified. We, who condemn ethnic cleansing in Bosnia or Kosovo, seem utterly callous towards the ethnic cleansing in the Kashmir Valley. No Government has the right to exist in India until it rights this wrong.

(The writer is a former Chief Secretary of Madhya Pradesh)
(Courtesy: The Pioneer)