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Myth of Kashmir’s accession to India

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Kashmir is a simmering cauldron. For about seven decades, India denied Kashmiris’ their right of self-determination. It claims that the occupied Kashmir’s constituent assembly has voted for accession of disputed Kashmir to India. As such, it is no longer necessary for her to let the promised plebiscite be held in Kashmir. Is India’s argument tenable? Does history or documents corroborate India’s stand? Let us look a bit closely at India’s stance.

It is the Treaty of Amritsar (1846) which entitled Gulab Singh to rule Jammu and Kashmir State. This treaty stands lapsed under Article 7 of the Independence Act. The Act was passed by British Parliament on July 18, 1947 to assent to creation of independent states of India and Pakistan. The aforementioned Article 7 provides that, with lapse of His Majesty’s suzerainty over Indian states, all treaties, agreements, obligations, grants, usages and sufferance’s will lapse.

Mountbatten deliberately kept mum about this reality for considerations of political expediency. He was not ‘politically naive, much less a fool’ not to realise this truth. According to his biographer, Ziegler, Mountbatten had a ‘powerful, analytic mind of crystalline clarity’. Yet, he had ‘legendary capacity for self-deception’. He ‘was a man who preferred falsehood to truth’. Even the ‘Instrument’ of Accession is void for several reasons. The Independence Act required intention of accession to be absolute and crystal-clear. But, a stray glance at the ‘Instrument’ would make it clear that it is equivocal. The ‘Instrument’ expresses ‘intention to set up an interim government and to ask Sheikh Abdullah to carry the responsibilities’ with maharajah’s prime minister. The last sentence in the ‘Instrument’ is ‘In haste and with kind regards’. Handwritten corrections on the text of the ‘Instrument’ speak volubly about the wavering state of the maharajah’s mind. The instrument, extracted under coercion and duress, is invalid under law.

Subsequent accession resolution, passed by the occupied Kashmir’s ‘constituent assembly’ is also void. This resolution violates the Security Council’s resolutions forbidding India from going ahead with the accession farce. Aware of India’s intention to get the ‘Instrument of Accession’ rubber-stamped by the puppet assembly, the Security Council passed two resolutions to forestall the `foreseeable accession’ by the puppet assembly. Security Council’s Resolution No 9 of March 30, 1951 and affirmative Resolution No 122 of March 24, 1957 outlaws accession or any other action to change status of the Jammu and Kashmir state. India gives the impression that the USA considers the state’s so-called accession as legal. This is not true. On October 28, 1993, Robin Raphel, in her statement, clarified that Washington does not recognise the Instrument of Accession to India. In its perception, Kashmir was a disputed territory, not an integral part of India. The future status of the state remained to be determined in accordance with the wishes of the people of Kashmir.

We hear echo of Raphel’s statement in the resolution passed by International Commission of Jurists (ICJ), based in Geneva. The Commission pointed out that the resolution, passed by occupied-Kashmir legislature concerning Kashmir’s accession to India was bogus and null and void. Renowned journalist Alastair Lamb also regards the Instrument of Accession, ‘signed’ by the maharajah of Kashmir on October 26, 1947, as fraudulent (Kashmir – A disputed legacy 1846-1990). She argues that the maharajah was travelling by road to Jammu (a distance of over 350 km). How could he sign the instrument while being on the run for safety of his life? There is no evidence of any contact between him and the Indian emissaries on October 26, 1947.

Actually, it was on October 27, 1947 that the maharajah was informed by MC Mahajan and VP Menon (who had flown into Srinagar) that an Instrument of Accession is being fabricated in New Delhi. Obviously, the maharajah could not have signed the instrument earlier than October 27, 1947. The instrument remains null and void, even if the maharajah had actually signed it. The reason, as pointed out by Alastair is that the `signatures’ were obtained under coercion. She points out Indian troops had already arrived at and secured Srinagar airfield during the middle of October 1947. On October 26, 1947, a further airlift of thousands of Indian troops to Kashmir took place. She questions: “Would the maharajah have signed the Instrument of Accession, had the Indian troops not been on Kashmiri soil?”

It is eerie to note that India has never shown the original `Instrument’ in any international forum. If India was truthful, it should have the temerity to present the document to Pakistan or to the UN. Isn’t it funny that, in the summer of 1995, the Indian authorities reported the original document as lost or stolen? This fact further beclouds authenticity of the document. India took the Kashmir issue to the UN in 1948 under article 35 of Chapter VI which outlines the means for a peaceful settlement of disputes. India avoided presenting the Kashmir case under the UN Chapter VII which relates to acts of aggression. Obviously, it did so because it knew that the Kashmir was a disputed state. And, issue of its integration with India or Pakistan remained to be resolved.

From the foregoing, it is evident that the Instrument of Accession does not exist. The `accession’ of the disputed state, through a resolution of the puppet assembly, is null and void. This `resolution’ violates the Security Council’s directive forbidding India to forge unilateral ‘accession’ of the state.

Mr. Amjed Jaaved has been contributing free-lance for over five decades. His contributions stand published in the leading dailies at home and abroad (Nepal. Bangladesh, et. al.). He is author of seven e-books including Terrorism, Jihad, Nukes and other Issues in Focus (ISBN: 9781301505944). He holds degrees in economics, business administration, and law.

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South Asia

Promoting Projects and Practices in Community Health in India

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Street scene in India, August 2020. © UNICEF/Vinay Panjwani

One of the most populated countries in the world, India has been facing problems with regard to well-being of its citizens while sustaining their developmental needs. The need for better health facilities, and developing antidotes for new kinds of pathogens and viruses have made the task more challenging. The respective governments, pharma companies, and testing labs are trying to develop safe trial mechanisms and developing safeguards for protecting the lives of vulnerable sections of society. Within India, the community health programme involves the non-governmental sector, healthcare professionals, economics aspects and social interaction through people and voluntary workers. While the health ecosystem exists, the problem has been finance, support and critical knowledge repository. India did well to address issues such as polio vaccination and creating community awareness for regular medication against tuberculosis. There is a mounting impact of chronic diseases in economic and social sectors, need for quality health services in the wake of changing demographics, and increasing life expectancy have made matters more complex.

In terms of understanding the requirements for building better resilient and health-conscious societies, it is important that the vaccines, lifesaving drugs, and medicines should be developed with certain generalised regulations which can improve the health of the society and address problems faced by people living across regions. While India is a subcontinent comprising of all geographical features, it is also a cauldron of different ethnic communities, and physical features which provides exceptional opportunities for testing and developing medicines which can cater to different physical and pathological profiles of people. Within India, one can find people with different levels of immunity. As the eating and food habits have been different, there is higher incidence of diabetes, hyper tension and cardio diseases in a cross-section of people. It has also been seen that people who are above 40-70 years of age have been more vulnerable to pandemics, and other communicable diseases. A sizeable mortality profile of people suggests that.

In this context it becomes very important that medicines which should be developed should have a better shelf life and give results which can be corroborated with testing facility, with a cross-section of people. The results have usually varied with regard to people with different eating habits and also nutrition factor. Pandemics such as COVID-19 have brought to the fore that India has better resistance mechanisms which has helped in relatively less mortality rate when these people have been infected with COVID-19. The duration of sickness because of COVID -19 has varied from five days to more than three weeks. In such certain times, it has been found that because of lack of any effective medicine or any sure shot diagnostic mechanisms the treatment has prolonged and the recovery has been slow. In terms of legal and other regulatory mechanisms, it has been found that most of the clinical trials which are done in India enroll the vulnerable  and poor people and human trials are conducted. There is a grey area of medical compensation and addressing post-tests complications from legal point of view.

For India it has become imperative to develop projects and conduct feasibility studies through government mechanisms rather than through medical companies. While projects have been undertaken to study different kind of diseases that school children and adults will be facing in the next two decades, it has been found that most of the complications will be related to teeth, eyesight, anxiety and mental well-being. However, in the case of pandemics and community health programmes it has been encouraging signs that initiatives such as creating awareness with regard to AIDS, mental well-being, depression and anxiety disorders have been fruitful and rewarding with institutionalising counselling and telephone helplines. Most of the programs have been done and supported by NGOs as well as a few voluntary organisations.

The projects and programmes which can be initiated in India should address core issues. Firstly, the incidence of non-curable diseases, depression, immunity disorders, other issues related to community transmission, and the development of proper safeguards and awareness with regard to pandemics and life-threatening diseases. Secondly, the COVID-19 has opened a Pandora’s box with regard to the incidence of diseases which impact community, and thereby also affect government health budget. Lastly, it is necessary that India will have to create medical soldiers and inform voluntary workers so that the community transmission and community health well-being should be addressed on a priority level.

As the COVID vaccine is in different trial stages, many countries are looking for testing facility in India and also conduct human trials, as legal structure in medicinal trials is still in infancy. India needs to address the issue of IPR on developing vaccines and medical history should be addressed jointly as it has been found that many western countries have been purchasing medical history of the patients living in developing Asia, providing vaccines through great testing mechanisms and subsequently using copyright laws to deny cheap medicines to the larger community.

 In this regard it is important that India should conduct research on immunity vectors of its population and develop generic drugs which can help in protecting communities from most transmissions. It is also pertinent to note that in terms of the temperature variance across India it provides unique testing opportunities in different conditions. However, there is a need for a holistic approach and therefore it is important that training and sensitisation of the personnel working in this field is of paramount importance. Initiatives related to preventive and therapeutic services is critical. Also, looking for quick alternatives would save the lives of personnel.

Just like any emergency, there is a need for rapid action medical force which can provide immediate assistance and better cognitive abilities track critical illnesses and the reasons thereof. It has been seen in the case of midwifery and associated postnatal diseases that it has worked wonders with a better equipped and knowledgeable person existing in each society for better assistance and awareness.

The critical importance of voluntary workers is that with sufficient technical assistance (which might come from government and state units) gives them confidence and also strengthens their application of knowledge for better informed public health practices and policies. Technical assistance and quick action through centralised control centre has to create the first line of defence in case of a pandemic. 

The institutes which have been working in this field are Public Health Foundation of India, Indian Institutes of Public Health and All India Institute of Hygiene & Public Health, which have been disseminating information through online workshops, seminars, and social media. They have created affiliates and sister agencies working in the field all across India. Networking of public health institutions in medical education need to address issues such as environmental health and countering new kind of diseases which are dominating.

This clearly highlights the fact there is a need for understanding pandemics, developing awareness among communities about public health, and stress on hygienic environment, conducting long term  research on emerging diseases and promoting research in tropical medicine.

India need to allocate separate fund for public health initiatives and promote exchange of medical workers with third world countries for better understanding the nuances of medical and health research. In fact, in most of the think tank meetings, public health and awareness is not listed as topics whenever Track II dialogues are held. There is also a need for better practices in public health, education, and developing health demonstration projects, barefoot nurses and doctors, strengthening an eco-system of education, training, and scholarship. Developing traditional medicine and making it easily accessible should be the bulwark against diseases. Restructuring Community Medicine/ Preventive and Social Medicine colleges which impart this kind of education in developing countries is required as the number is relatively less. Across developing world scholarship in community medicine and hospital administration is low and needs structural financial support. The data collection and diagnostics apparatus need micro management to create better response chain. COVID-19 has provided the reason for public health to be taken as a national initiative.

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Sino-India Himalayan Chess Game: Breakthrough or Stalemate?

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The continuous geopolitical blame game between India and China hasn’t witnessed any positive development with respect to either sides pulling back their respective troops, dragging the recent skirmish even further till winter.

In 45 years, India for the first time has witnessed a conflict-like situation vis-a vis China which witnessed the martyrdom of 20 troops on June 15thand rounds of shot firing in the LAC where the Indian Foreign Affairs Ministry confirmed about the PLA first initiating the firing ,after which the two sides have constantly held each other responsible for increased tensions whereas India has tremendously shown goodwill, hopefulness and looking at many factors to keep the ties stable. The year 2020 was supposed to be the 70th Anniversary of Sino-India Cultural ties where unfortunately, the celebrations were overshadowed with this recent border mishap.

The Himalayan Chess- Game

The Chinese Foreign Ministry’s scepticism on the territorial claims and debate on Aksai Chin are not new, which has its roots to the abrogation of article 370, the recently changed rule declaring Ladakh as an integral portion of the Indian Union was unfavourable to the Chinese side, reiterating about India getting into a strategic misadventure by violating their own territorial sovereignty and national interest and the former justifying on those and trying to flex its muscles in the Pangong Tso, Galwan Valley, Gogra, Kongka La, Depsang.

Border infrastructure is becoming a new method for these two aspiring Asian powers to assert their economic cum political interests with respect to further claiming of territories leading to the road towards being victorious, where the Indian side has further increased its focus viewing the strategic ramifications in the neighbourhood .by providing 8 bridge infrastructure projects each  in Arunachal Pradesh and Ladakh , which India requires to ensure easy connectivity in harsher terrains, promote tourism, distance reduction in order to reduce time for movement of goods to ensure welfare and safety for troops and natives residing in high terrains which again China suspiciously looked at in its counter statement, blatantly opposing any infrastructure in disputed boundary.

Notable defence experts, Victor Gao and Prem Shankhar Jha, opined that China is aiming at a strategic bargain and believe that this move of the Indian side developing infrastructure in Ladakh could be a counter to the Chinese G219 highway , covering a distance of 179 km connecting Xinjiang and Tibet which is in close proximity with Daulat Beg Oldi, where a 450 metre bridge over the Shlyok river was constructed last year which was only accessible by air before the construction of this project .

Amidst this prolonged crisis, 7 rounds of the India China Military Commander Meetings were held on a frequent basis at the Line Of Actual Control, in order to maintain tranquillity, peace, further enhancement of mutual understandings and deterrence to reduce the chances of an armed conflict, nevertheless there has been no proper agreement and the troops aren’t stepping out from their current positions either side.

Also, even the recent Moscow visits of Defence Minister Rajnath Singh and Foreign Minister, Mr. S Jaishankar in September for meeting their respective counterparts, haven’t been completely fruitful where they have also held discussions on showing respect towards each other on territorial claims and not cause these ties to deteriorate towards an upper trend which means that no country wants to compromise on its territorial claims and any change in status quo, which has led to unprecedented uncertainty in the relations as of now.

CCP Apprehensions of an Alliance

Chinese scholar, Fu Xiaoqiang , in his article, stated about India creating unnecessary tensions in the border leading to further straining of relations which are motivated by selfish political agendas. He also felt that India is being persuaded by the US to join an alliance like structure such as the Quadrilateral Initiative and set preferences with respect to choosing friendships with countries such as Japan and Australia, which have a common perception likewise India, regarding China as a potential competitor in the region.

Currently, China is fearing any conflict or alliance like structure with respect to its role in spreading the pandemic for which it was hiding its strategy, due to which these justifications are being used by Xi Jinping to protect his own image in the masses so that no crisis or dissent arises which could put the Communist Party’s survival and reputation at stake at a time where he is being questioned about the corruption and internal party pressure. There is a reason behind why China is involved in scapegoating on this conflict to show an innocent and a positive image by blaming Indian politicians using nationalism to mobilise the public, narrating their growth story, ideology, rich historical as well as cultural heritage, where the same goes for the dragon’s promotion of their nationalism  as well.

Alliances are important for India but they will take time to come in support if any mishap takes place in the neighbourhood, keeping India under uncertainty with regards to its strategic autonomy, it was following for many decades.  These alliances can be useful only to deter an enemy organising territorial strikes and put the latter on check creating some amount of fear and introspection.

Recently, steps have been undertaken by the Indian government to ban Chinese products and apps due to surveillance plus information threats in security. It is looking towards making itself self-reliant (aatmanirbhar) to reduce any more dependence on countries which have their own interests which could change anytime, if it doesn’t suit them which could be seen through India’s past experiences, where the same mistakes can’t be repeated again like 1962 or 1975, at a time when the multipolar world is moving towards Asian multi-polarity where China is currently at an edge.

Concluding Points

The Chinese feel that the ball is in India’s game to choose between the have’s or have not’s while looking at the opportunity costs involved .The dragon is basically assessing the elephant’s capability and coping strategies in the winter, leading the standoff to be extended even further for which it is crucial for India to enhance its capacity in order to build up on its equipment, give support to the troops and further focus towards economic development in the borders.

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Immediate broad-based Reforms needed in the Political system of Pakistan

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Image source: Pakistan PM’s website

Opposition parties have launched a comprehensive campaign to de-seat the PTI Government by its grand show of power on 16 October 29020 at Gujranwala. All major opposition parties attended the Jalsa, and opposition leaders delivered speeches, criticizing the PTI government and even the military.

In a democratic country, it is common practice for that opposition to criticize the ruling party. Pakistan, with no exception, has a long history of agitations, protests, strikes, criticizing, rallies, blames on the ruling party, from opposition parties. Even PTI also played a very aggressive role as the opposition party in 2014, against the Government of PML-N. It was the longest Dharna in the history of Pakistan, and the first time protesters entered into Parliament house, PTV, Pak. Secretariate and sensitive areas, etc.

But the current behavior of opposition since 16 October is even more severe and blame on Pakistan Military is rather unacceptable. However, PTI ministers are also giving irresponsible statements. The ruling party must maintain political temperature under control. The opposition wanted to create chaos and confrontation, but the ruling party should mild-down the conflicts and manage the situation to complete its tenure. Either the ruling party’s ministers, spokespersons, advisors are unaware of consequences or lacking the understanding of the real issue.

Till this moment, the masses of Pakistan are not convinced with the narrative projected by the opposition parties, but neither happy with the ruling party. The common man is concerned with the issue he faces daily – inflation, price-hike, jobs, health care, education, social justice, and welfare. The ruling party failed to deliver, and the common man kept suffering.

Indeed, the masses do not love opposition, but neither the ruling party. It is their sufferings, which might help the opposition to convince them to stand the Government.

The majority of people are still admiring PM Imran Khan and believe that he is honest and a man of integrity. Yet, he failed to recover the economy or provide any relief to the common man. He was unable to recover to looted money from corrupt politicians of past governments. He also failed to punish the national criminals too. However, the people of Pakistan acknowledges his contribution toward foreign policy, Kashmir issue, and International relations, where Pakistan’s narrative was projected appropriately and improved the county’s image.

The people of Pakistan think that all wrongdoings by the ruling party are due to his wrong cabinet,  nothing to do with PM Imran Khan himself. His economic team, imported and landed by helicopter, are failed to revive the national economy. Although the oil prices in the international market have dropped to record low levels, even minus yet, Pakistan could not improve its economy. Even due to the Pandemic, Global Financial Institutions have extended a helping hand, yet, Pakistan could not improve its economy. The Sugar crisis or Wheat crises are traced back to the ruling elite, and responsible is sitting on the right and left side of PM.

The intellectuals of the nations think that PM Imran Khan might be a pious person. Still, he is responsible for selecting his team – consisting of foreign nationals, dual nationals, elect-ables, corrupts, and incompetents ministers and advisors. It was his choice, and he could have refused to take anyone into his team if he was not satisfied fully. If there were some pressures from certain quarters, he should stand against such pressure. He should have judged the person before admitted into his team. He knows the importance of merit, and he has announced on several occasions the importance of merit. Even though if he misjudged anyone and admitted into his team, but it is never too late; as soon as he understands the person and found unsatisfactory, he can change immediately.

The country is passing through a very critical era, the geopolitics are changing too rapidly, challenges are enormous, and time is too short. Pakistan can not afford the luxury of any mistake anymore. The nation needs unity, the right policies, appropriate reforms, legislations, merit, and consistent hard-work. Attention may not be diverted and struggle with a clear focus and pre-set goals. Divide, intolerance, extremism, corruption, incompetency are the curse for a nation, must be averted.

Although PM Imran Khan is a visionary leader and has all the leadership qualities to lead the nation, but alone may not be able to achieve anything. A strong team, equipped with knowledge, wisdom, patriotism, honesty, and integrity, needs the time. Reforms based on proven successful experience, addressing the futuristic issues are required urgently. The nation has the potential to revive its past glories.

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