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Kashmir: From legal rigmarole to a solution

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Kashmir conflict is a maleficent inheritance from the British raj. India and Pakistan went to fisticuffs to settle this dispute. Following their first war on Kashmir, both India and Pakistan accepted ceasefire from January 1, 1949 under supervision of UN observers. No UN resolution incorporates India’s view that maharajha had acceded to India. It is said that the accession instrument stands `stolen’. There is a United Nations’ resolution that forbids India- occupied Kashmir `assembly’ from acceding to India (authenticating royal accession). The main resolutions on Kashmir are: (a) United Nations’ Commission for India Pakistan Resolution dated August 13, 1948. Para 75 (Serial110) in Part III of this resolution states ` The Government of India and the Government of Pakistan reaffirm their wish that the future status of the State of Jammu and Kashmir shall be determined in accordance with the will of the people and to that end, upon acceptance of the truce agreement, both Governments agree to enter into consultations with the Commission to determine fair and equitable conditions whereby such free expression will be assured. (b) UNCIP Resolution dated January 5, 1949 Para 51 (Serial 1196) states ‘The question of accession of the State of Jammu and Kashmir to India or Pakistan will be decided through the democratic method of a free and impartial plebiscite’.

Since both parties agreed to a plebiscite, the question of sanctions never arose. Besides, India approached the United Nations under Chapter VI (Pacific Settlement of Disputes), not Chapter VII (Acts of Aggression).On Nov 2, 1947, Nehru declared in a radio broadcast that the government of India was “prepared, when peace and order have been established in Kashmir, to have a referendum held under international auspices like the United Nations.” I am quoting from Chaudhri Mohammad Ali’s The Emergence of Pakistan. Till 1953, India was, at least verbally, committed to the plebiscite. But, in subsequent period, she had been making frantic efforts to warp the UNO and woo the USA in her favour. For instance, during temporary absence of Pakistan’s rep, India tried to get the `India-Pakistan Question’ deleted from the UN agenda.  India based her plea on Security Council’s informal decision, dated July 30, 1996, about deleting dormant questions. The Question was deleted during the Pak rep’s absence, but was restored to agenda upon his arrival.

Again, at India’s behest, US Congressman Stephen Solarz elicited the statement from Bush-administration high-level diplomat, John H. Kelly, that plebiscite was no longer possible in Kashmir.

Here is an extract of Solarz’s grilling questions and the gullible answers thereto.

Mr. Solarz: What is the position of the United States with respect to whether there should be a plebiscite?

Mr. Kelly: First of all we believe that Kashmir is disputed territory…

Mr. Solarz: Well, how did we vote upon that resolution at the U.N. back in 1949?

Mr. Kelly: In favor, Mr. Chairman.

Mr. Solarz:  Right. So at that time we favored a plebiscite. Do we still favor a plebiscite, or not? Or is it our position now that whether or not there should be a plebiscite is a matter, which should be determined bilaterally between India and Pakistan?

Mr. Kelly:  Basically, that’s right, Mr. Chairman.

Mr. Solarz:  So we are no longer urging a plebiscite be held?

Mr. Kelly:  That’s right.

To India’s chagrin, John R. Mallot, the US State Department’s point man for South Asia in 1993, corrected Kelly’s faux pas. He told the House Foreign Affairs Sub-Committee on Asia and the Pacific on April 28, 1993 that John Kelly ‘misspoke’ in 1990 when he said that the United States no longer believed a plebiscite was necessary in South Asia. Mallot clarified that Kelly made his comment after ‘continued grilling’ by the panel’s (pro-India) chairman, Stephen J. Solarz of New York.

Avid readers may refer to Solarz-Kelly conversation and corrective policy action taken by the US State Department in Robert G. Wirsing’s book India, Pakistan, and the Kashmir Dispute, published by Macmillan Press Limited, London in 1994. They may also see Mushtaqur Rehman’s Divided Kashmir: Old Problems, New Opportunities for India, Pakistan and the Kashmiri People (London, Lynne Reinner Publishers, London, 1996, pp. 162-163).

Kashmir is a simmering nuclear tinderbox. There is no UNO resolution incorporating India’s volte face that India-occupied Kashmir has acceded to India through the so-called state assembly’s resolution.  Till recently, the USA viewed Kashmir as a disputed state. It clarified there is not an iota of change in US policy on Kashmir what’s its current position?

Despite lapse of over 70 years, India has not fulfilled its promise of a plebiscite in Kashmir.

India’s attitude negates the cardinal principles in inter-state relations, that is, pacta sunt servanda `treaties are to be observed’ and are binding upon signatories.  If disinterested, India should wriggle out of bilateral and multilateral agreements by pleading that the UNO resolutions stand antiquated under another principle clasula rebus sic stantibus _In the case of a `fundamental change of circumstances’, that existed when a treaty was concluded, a party to that treaty may invoke this fact as a ground for termination or suspending operation of a treaty.

The principle stands codified in Article 62 of the Vienna Convention on the Law of Treaties.   Para 3 of the Convention, codifying the principle of rebus sic stantibus, states `If, under the foregoing paragraphs, a party may invoke a fundamental change of circumstances as a ground for terminating or withdrawing from a treaty, it may also invoke the change as a ground for suspending the operation of the treaty’.

India should tell the International Court of Justice that the Simla Agreement of 1972 has superseded the UNO Resolution of 1948 (envisioning exercise of the right of self-determination) on the basis of the principle `lex posterior derogat priori, later treaty abrogates the earlier one’.  The principle is enshrined in Article 59 of the Vienna Convention on the Law of Treaties, which provides as follows: ‘TERMINATION OR SUSPENSION OF THE OPERATION OF A TREATY IMPLIED BY CONCLUSION OF A LATER TREATY.  1. A treaty shall be considered as terminated if all the parties to it conclude a later treaty relating to the same subject-matter and: It appears from the later treaty or is otherwise established that the parties intended that the matter should be governed by that treaty: or a) The provisions of the later treaty are so far incompatible with those of the earlier one that the two treaties are not capable of being applied at the same time…’.

But, to India’s chagrin, even Simla Accord accepts the UN resolutions. The UN observers are still on duty on the line of actual control.  They submit annual report to the UN’s secretary general.  This report identifies Kashmir as an international problem. India could not get the dormant `India-Pakistan Question’ deleted from the UN agenda (as informally decided by the Security Council on July 30, 1996).

Paragraph 1(i) of the Simla Agreement provides, `the principles and purposes of the Charter of the United Nations shall govern the relations between the two countries’.  Right of self-determination is a recognised right under the UNO charter and conventions. It is now not only a political but also a legal right.

The United Nations’ Military Observers’ Group on India Pakistan came into existence between 1949 and 1951 to maintain sanctity of the ceasefire line drawn between India and Pakistan after the war of 1947-48. The first group of United Nations military observers arrived on 24 January of 1949 to supervise the ceasefire.  The UN spends US$ 40 million each year to keep them up.

India is wary of their presence. It asked them to vacate their residence at 1/AB, Purana Qila Road, Connaught Place, Delhi – 11000; from where it has been functioning since 1949 (India asks UN team on Kashmir to leave Delhi, Reuters July 9, 2014). It even harassed `Three members of the United Nations Military Observers Mission for India and Pakistan (UNMOGIP) had a close call along the restive Line of Control (LoC) in Azad Jammu and Kashmir after Indian troops shot at and injured two locals who were briefing them on the situation prevailing in the wake of ceasefire violations’ (Indian troops fire across LoC in presence of UN observers, 2 injured, March 14, 2018).

India-Pakistan dialogues never progressed towards solution of the Kashmir tangle. Both countries stick to their iron-clad legal closets. India’s former foreign secretary, J.N.Dixit was of view that both countries should think beyond legal rigmarole.  He says, `It is no use splitting legal hair. Everybody who has a sense of history knows that legality only has relevance up to the threshold of transcending political realities. And especially in inter-state relations…so to quibble about points about points of law and hope that by proving a legal point you can reverse the process of history is living in a somewhat contrived utopia. It won’t work’ (V Schofield, Kashmir in the Crossfire).

There are a plethora of alternative solutions 🙁 a)Freezing the Territorial Status Quo. This solution offers the Kashmiris south of the LoC both Kashmiri ID cards and Indian passports. Likewise, it offers those on the north of the LoC, Kashmiri ID cards and Pakistani passports (Marc Weller. and Staffan Wolff (eds.), Autonomy, Self-Governance and Conflict Resolution, New York, Routledge Taylor and Francis Group, 2005, pp. 41-42). (b) Andorra Model. Andorra was a unique co-principality- (without any arbitrator), ruled by the French chief of state and the Spanish bishop of Urgel for 715 years. Through a constitution, enacted in 1993, the government was transformed into a parliamentary democracy with both French and  Spanish heads of states jointly wielding executive powers (as well as defence) as co-principis. When this solution was first proposed by Hurriyat Conference (in 1974), President Musharraf supported it. However, all sections of the Indian media termed this solution ‘Pandora’s box’. (c) Sweden-Finland Aland-Island Model.

Swedish nationals in Finland controlled the Island. They wanted to unite it with Sweden. But, Finland did not allow them to do so. With League of Nations appointed as an arbitrator in 1921, the island was given the status of an autonomous territory. Finland retains nominal sovereignty over the island with obligation to ensure linguistic rights (Swedish language) as well as culture and heritage of Aland residents. The island enjoys a neutral and demilitarised status with its own flag, postage stamps and police force. On December 31, 1994, Aland joined the European Union voluntarily. Aland is a self-governing entity, created without use of force, catering for conflicting interests of rival communities. (d) Italy-Austria South Tyrol Model. South Tyrol was part of Austria. It was inhabited by three linguistic groups (70% Germans, 26% Italians, and 4% Ladin). It was annexed by Italy in 1919. German majority rebelled against Italianisation.

An agreement between Austria and Italy provided autonomy framework, vouchsafed by Paris Peace Agreement, 1946 (also known as Gruber Degasperi Agreement). Under the South Tyrol Package of 1969, Austria exercised mandatory protective function vis-à-vis Italy for the Austrian and Ladin minorities in South Tyrol. The package was meant to pave way for peaceful co-existence of German- and Ladin-speaking communities of South Tyrol, particularly in the multi-ethnic province of Bolzano. The package collapsed and gave way to a settlement in 1992 with the United Nations as the arbitrator. The revised package still recognizes Italian sovereignty but allows greater autonomy of legislation and administration, recognition of cultural diversity, minority vote on issues of fundamental importance, and proportional ethnic representation. (e) National Conference Autonomy Formula (2001). The formula envisages return to 1953 position, abrogation of all central laws imposed on the state, and an informal co-federal relationship between the parts of Kashmir. (f) Chenab Formula. According to this formula the River Chenab will form the separation line between free (Azad) and occupied parts of Kashmir. Some writers have discussed Indus-basin-based formula, akin to it. (g) Kashmir-Study-Group Formula: It envisages division of the state into two self-governing entities, enjoying free access to one another. The entities would have their own democratic constitutions, citizenship, flag, and legislature (sans defence matters jurisdiction). Defence would be the joint responsibility of India and Pakistan. (h)    Northern Island model.  In a video talk to an audience in New Delhi bill Clinton favoured it (India Today, March 17,2003, p. 24).(i) Misc. Sami parliamentary model, Italy-Yugoslavia Trieste model, Basque leader Jose Ibarretxe ideas, Caledonia island (discovered in 1774) sovereignty sharing Noumea agreement (1999).

The question is will any of the above solutions fit in with warped crucible of India’s subconscious framework?  Indian army chief says India should talk to Pakistani generals on Kashmir. For, any agreement with generals will be sincerely implemented. India regards all civilian rulers as army puppets and cobras in India’s backyard.

Pakistan’s prime minister himself says he and army are on one page. Given Imran is an army or Establishment’s poster boy, as India claims, why she is chary of talking to him.

Besides being a geographical dispute, Kashmir dispute has a human rights dimension.

Pending a final settlement, softening the borders a la Mehta appears to be need of the hour to mitigate suffering of the Kashmiri. For some time, the divided Kashmiri families used to exchange gifts across a bit softened border.

If no solution is hammered out, then, still, there are two solutions- a nuclear holocaust or, perhaps,  divine intervention.

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

Did India invade Kashmir?

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Friday prayers in Srinagar, Jammu and Kashmir. © John Isaac

Pakistan has decided to observe 27th October as Black Day. This was the day when, according to India’s version, it invaded the disputed Jammu and Kashmir State.  India says that Pakistan had earlier entered a lashkar (irregular forces) into Kashmir on 22nd October. But, it is eerie that India never approached the International Court of Justice, as pointed out by Josef Korbel  (the author of the Danger in Kashmir), or the  United Nations (under Chapter VII of the UN Charter) to get Pakistan declared an aggressor. It approached the UN under Chapter VI of the UN charter (mediation). India’s invasion of Kashmir is based on myths .

Myths

India claims that ‘Maharaja Hari Singh signed the treaty of accession with the Indian Dominion on October 26, 1947’. As such, India was justified in marching invading Srinagar. . As for the ‘accession instrument’ argument, curious readers may refer to Alastair Lamb’s ‘Incomplete Partition, Kashmir – A disputed legacy 1846-1990’, and ‘Birth of a Tragedy’.

On the question of who the ‘aggressor’ was, the factual position is that India marched its troops into Kashmir without Maharajah’s permission – a blatant act of aggression (Alastair Lamb, ‘Incomplete Partition , Chapter VI: The Accession Crisis. Lamb concludes: ‘According to Wolpert, VP Menon returned to Delhi from Srinagar on the morning of October 26 with no signed Instrument of Accession. Only after the Indian troops had started landing at Srinagar airfield on the morning of October 27 did VP Menon and MC Mahajan set out from Delhi from Jammu. The Instrument of Accession, according to Wolpert, was only signed by Maharaja Sir Hari Singh [if signed at all] after Indian troops had assumed control of the Jammu and Kashmir State’s summer capital, Srinagar.

Lamb regards the so-called Instrument of Accession, ‘signed’ by the maharajah of Kashmir on October 26, 1947, as fraudulent. He 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 the safety of his life? There is no evidence of any contact between him and the Indian emissaries on October 26, 1947. Lamb 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.

The UN outlawed the ‘accession’; the accession resolution, passed by the occupied Kashmir’s ‘constituent assembly’ is void. Aware of India’s intention to get the ‘Instrument of Accession’ rubber-stamped by the puppet assembly, the Security Council passed two resolutions, Security Council’s Resolution No 9 of March 30, 1951, and confirmatory Resolution No 122 of March 24, 1957, to forestall the ‘foreseeable accession’. It is eerie to note that the ‘Instrument of Accession’ is not registered with the United Nations. 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 on Jammu and Kashmir State, not under Chapter VII dubbing Pakistan as ‘aggressor’. India knew at heart that she herself was an aggressor.

In his books, based on Nehru’s declassified papers, speeches and correspondence, Avtar Singh Bhasin debunked Nehru’s perfidious failure to hold a plebiscite. In Chapter 5 titled Kashmir, India’s Constitution and Nehru’s Vacillation (pages 51-64) of his book India and Pakistan: Neighbours at Odd he makes a startling revelation. Nehru discarded Maharajah’s and Kashmir assembly’s ‘accession’; in a letter dated October 31, 1947, addressed to the disputed state’s prime minister, he shrugged off ‘accession’. He said in the letter, ‘after consideration of the problem, we are inclined to think that it [plebiscite] should be held under United Nations’ auspices’ (p. 28 ibid..). He reiterated in New Delhi on November 3, 1951, that ‘we have made it perfectly clear before the Security Council that the Kashmir Constituent Assembly does not [insofar] as we are concerned come in the way of a decision by the Security Council, or the United Nations’(SWJ: Volume 4: page 292, Bhasin p.228). Again, at a press conference on June 11, 1951, he was asked if the proposed the constituent assembly of Kashmir ‘decides in favourof acceding to Pakistan, what will be the position?’ he reiterated, ‘We have made it perfectly clear that the Constituent Assembly of Kashmir was not meant to decide finally any such question, and it is not in the way of any decision which may ultimately flow from the Security Council proceedings’. He re-emphasised his view once again at a press conference in New Delhi on November 3, 1951. He said ‘we have made it perfectly clear before the Security Council that the Kashmir Constituent Assembly does not [insofar as] we are concerned come in the way of a decision by the Security Council or the United Nations’. Bhasin points out, ‘at a press conference on July 24, 1952, when asked what the necessity of plebiscite was now that he had got [accession by] the Constituent Assembly, he replied “Maybe theoretically you may be right. But we have given them assurance and we stand by it. Bhasin points out Nehru made a ‘tactical error’, one ‘of committing himself to the UN’.Accession documents are un-registered with the UN.

Concluding remarks

India’s prime minister Modi cartographically annexed the disputed state, spurning the UN resolutions and the Simla Accord. Let India know that a state that flouts international treaties is a rogue state: pacta sunt servanda, treaties are to be observed and are binding on parties. Mushtaqur Rehman elaborated why Kashmir is the most dangerous place in the world (Divided Kashmir: Old Problems, New Opportunities for India, Pakistan and the Kashmiri People, 1996, pp. 162-163).No talks, no mediation. That is an open invitation to war, perhaps a nuclear Armageddon.

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Bangladesh violence exposes veneer of Indo-Bangladesh bonhomie

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image source: Focus Bangla /dhakatribune.com

Protests in Chittagong, Comilla and elsewhere left 10 dead, besides loss of property. The protests were sparked over an allegation of desecration of the Holy Quran in a temple. The Holy  Quran was found resting on the thigh of a Hanuman statue in a Durga Puja pandal near a pond in Comilla called Nanua Dighi. A raft of issues from water disputes to religious tension mask mistrust in the relationship. Let us look at some of them. Broken promises indicate that India looks to its own interest.

CAA/NRC

India’s Citizenship Act and the national Register of Citizenship  does not confer citizenship on the Bengali immigrants at par with non-muslim refugees. In one of his speeches, India’s minister Amit Shah even called Bangladesh immigrants “termites”. The BJP leaders quote from Sheikh Mujibur Rehman’s book to say that Mujib, as an East Pakistani national, wanted to annex Assam into East Pakistan (Bangladesh). Bharatiya Janata Party MLA from Telangana T. Raja Singh Lodh demanded `Illegal Bangladeshi settlers and Rohingya should be shot if they do not return to their countries like gentlemen’. He made the statement in the context of the Supreme Court-monitored exercise to identify genuine Indian nationals living in Assam. A legislator from Goshamahal in Hyderabad, in similar vein, roared in a video message on a social networking site: “If these people, illegal Bangladeshis and Rohingya, don’t go back with ‘sharafat’ (like gentlemen) then there is a need to talk to them in their own language. They should be shot. Only then India will be safe. Such illegal settlers were “shot and driven out” from some other countries.

YS Chowdary of the Telugu Desam Party Said illegal immigrants from Bangladesh had settled in Assam as part of a “conspiracy to destroy India”. It is the responsibility of the government to send them back to Bangladesh, he added.

 “Shoot on sight”

Indian Border Security force has orders to “shoot on sight” if any Bangladeshi citizen living near the  4,096 kilometer (2,545 mile)alluvial/shifting border,   happens to cross over. Regarding border killings, Brad Adams, Executive Director of the Asia Department of Human Right Watch state that, “Routinely shooting poor, unarmed villagers is not how the world’s largest democracy should behave” (Adams, Brad  “India’s shoot-to-kill policy on the Bangladesh border” The Guardian. London). According to a report published by Human rights organisations, around 1,000 Bangladeshi civilians have been killed by Indian Border Security Force (BSF) in a period of 10 years (from 2001 to 2010). The report also states that Indian paramilitary forces routinely threaten, abuse arbitrarily detain and torture local Bangladeshi civilians living along the border and Bangladeshi border guards usually don’t help the Bangladeshi civilians. Odhikar, a Bangladesh-based human right organization, allege that acts of rape and looting have also been perpetrated by BSF at the border areas.

Bangladesh Border Guards hate the BSF so much that a soldier, accompanying his commander for a flag meeting with DG was shot dead.

Onion export banned

India suddenly stopped exporting onions to Bangladesh. While addressing India-Bangladesh Business Forum, in Delhi, Bangladesh PM Sheikh Hasina expressed grief on the onion crisis in her country. She taunted that she asked her cook not to use onions in her food. Hasina said, ‘We are facing crisis on the onion issue. I don’t know why you have banned onion export. Maine cook ko bol diya ab se khana mein pyaaz bandh kardo.” Indian Government had banned export of Onions on September 29 (Times of India ).

India is the biggest supplier of onions to Bangladesh, which buys a yearly average of more than 350,000 tons. India abruptly slapped a ban on onion exports to Bangladesh. Following the export ban, onion prices in Bangladesh jumped by more than 50 per cent, prompting the government to procure supplies from elsewhere.

Vaccine export contract cancelled

India backed out of its agreement (December) with Bangladesh to supply 30 million doses of AstraZeneca vaccine, developed by Oxford University in cooperation with the Pune-based Serum Institute of India. The Institute announced that India had barred Serum from selling doses on the private market until everyone in India had received the vaccine.

Later, Salman F. Rahman, a Cabinet minister and co-founder of the Beximco Group, a Bangladeshi conglomerate, took over the responsibility to distribute three million doses of the AstraZeneca vaccine in Bangladesh.

Concluding remarks

The ruling Awami League itself is mired in charges of corruption and nepotism. Its army chief also is being besmeared. It cracked down hard on its opponents  with the army chief’s help. The persecution of Muslims in India and laws like the citizenship Amendment Act and the National Register of Citizenship turned Bangladesh into a simmering cauldron of resentment.Demand for expelling all Bangladeshis from various Indian states is gaining momentum. The onslaught against Bangladeshi Muslims in India is part of Hindutva (perverted Hindu nationalism) frenzy to harass Muslim community.

Bangladesh is tight-rope balancing China and India. Many cabinet ministers think that Bangladesh’s future lies with stronger rapport with China. During her visit to China, Bangladesh’s Prime Minister discussed a broad spectrum of issues and signed several memorandum of understanding. They cover the power sector, riverine matters including Brahmaputra River, commercial loans and formation of various working groups. Bangladesh has also accepted the Belt and Road Initiative.

Bangladesh has contracted Chinese in a proposed $300 million project downstream of Teesta River.  Turkey also is improving relations with BD.

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Changing complexion of “militancy” in the occupied Kashmir

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Women walking past Indian security forces in Srinagar, summer capital of the Indian state of Jammu and Kashmir. Nimisha Jaiswal/IRIN

Two teachers, Supinder Kaur and Deepak Chand, were shot dead in Srinagar on October7, 2021.The Resistance front owned the killing. The name implies that this organisation like the Jammu and Kashmir Liberation front does not have religious moorings. The front explained that “they were killed because they harassed and warned the parents with dire consequences if the students did not attend the school function on August 15 (India’s Independence Day).

In a tweet, the Inspector general of Kashmir police disclosed that 28 civilians had been killed din the valley during 2021”. Five persons belonged to local Hindu and Sikh communities. . Two persons were non-Hindu labourers (pic.twitter.com/j5R2MVWrT3).

Each killing follows massive crackdowns, cordons and searches, and rounding up of innocent people as suspects mostly members of Jammat-e-Islami now banned, and Hurriyat members.

Who the Resistance Front is?

Very little is known about the Front. The Resistance Front publicly emerged in the aftermath of August 5, 2019, when the Central government stripped Jammu and Kashmir of autonomy under Article 370 and split the state into two Union Territories.  The Article 15-A also was abrogated. This article guaranteed special protections to Kashmiri people defined as “permanent residents” of Jammu and Kashmir.

The Front came into limelight when it owned a grenade attack in October 2019. Eight civilians on Srinagar’s busy Hari Singh High Street were injured in the attack. The Front is shy of social posts. But, it did announce its debut on the chat platform, Telegram.

India attributes the April intense gunfight between with security forces in the Keran sector (Kupwara district) to this Front.  It left five personnel of the army’s elite Special Forces dead.

Another encounter has continued for five days until October 19 in Mendhar sector.  India admits having lost several soldiers, including a junior commissioned officer, in the fight The Indian forces dared not enter into the forest. They were content to use heavy guns from the outside. The Indian forces’ initial impression was that the front uses only pistols and improvised explosives. That has been proved wrong.

 To disguise their ignorance about the Front, the forces say, ‘These acts are committed by newly recruited terrorists or those who are about to join terrorist ranks’.  

IGP Kashmir Vijay Kumar says, ‘A total of 28 civilians have been killed by terrorists in 2021. Out of 28, five persons belong to local Hindu and Sikh communities and two persons are non-local Hindu labourers.’

India shaken

The non local Kashmiri migrants have no faith in police protection. They are returning to their home towns. The remaining persons are being shifted to army camps.

India’s home minister has planned a visit to Srinagar to familiarize himself with the situation. Indian prime minister Modi is being blamed at home and abroad for emergence of the Resistance Front. The critics point out that Kashmiriat had been the crucible of several civilizations. But India’s reign of terror compelled the native Kashmiri to become xenophobic.  

Modi ventilated his ire at rights criticism in his speech before the National Human rights Commission.

He stressed that welfare measures like providing electric connection, alleviating poverty were more important than human rights.

The NHRC is a statutory body that was constituted on October 12, 1993, under the Protection of Human Rights Act. It takes cognisance of human rights violations, conducts enquiries and recommends compensation to victims from public authorities besides other remedial and legal measures against the erring public servants. However its present chairman is believed to be BJP stooge.

Kashmir, a Guantanamo Bay

Even Mehbooba Mufti, a former BJP ally, has been compelled to call Kashmir a Guantanamo Bay prison. She called for lifting ban on Jammu and Kashmir Liberation Front, Jama’at-e-Islami, withdrawal of `sedition’ or `terrorism’ cases against Kashmiri leaders or ordinary folk. Her voice proved to be a voice in the wilderness.  What else could Mehbooba call Kashmir _ `Kashmiris feel that they are literally imprisoned in a cage from which almost all exit routes are barred save one, to India, which is also not without peril. Kashmiris are distrusted and treated poorly in many parts of India, whether as students or as traders’ (A.G. Noorani, Kashmir, a prison, Dawn January 12, 2019). Trade across the Line of Control has been stopped and `terrorism’ charges slapped on some traders. Even the tyrannical Dogras and their British overlords facilitated Kashmir trade with Central Asian and other states. Kashmiri markets used to be flooded with foreign traders and their merchandise _books, shawls, gold tillas, Russian textiles, Kokandi silk, Bukharan rumals (handkerchiefs) and coral.  Trade from British India would flow through Kulu via the Chang Chenmo route to Yarkand, bypassing the maharaja’s customs officials in Leh. In 1870, Maharaja Ranbir Singh signed a special treaty in Sialkot with Viceroy Lord Mayo to accept this route as a ‘free highway’, later known as Treaty Route.  Central Asians intending to perform hajj used to travel through this route to Karachi or Bombay sea-ports to board ships.  To facilitate pilgrims, highway provided rest houses, and supply depots jointly supervised by British and Kashmir officials. Now, even the Kashmir Highway stands closed to civilian traffic during military-convoy movement.. A minor, violating road closure, was brutally crushed by an Indian army vehicle.”

Mehbooba revealed her government was dismissed for expressing ennui at central-government atrocities, not returning dead bodies of `encounter’ victims and burning them, not allowing funeral prayers, demanding talks with Pakistan, registering an FIR against an army officer, resisting change in Kashmir’s special status, and so on (Indian Express dated April 18. 2019). A cursory look at Kashmir press is horrifying _ Sedition cases were slapped on three Aligarh- university Kashmiri students for trying to hold prayers for Hizb militant Wani, Kashmiri students and traders at Wagah border are forced to chant anti-Pakistan slogans and post them to face book. Kashmir students and traders were attacked or looted throughout India. About 700 students, including girls, fled to Valley. Even holders of PM Modi’s merit-based competitive scholarships had to rush back to Valley for safety. Kashmiri journalists in Indian states were roughed up, mercilessly beaten, and told to go back Meghalaya governor officially directed to boycott everything Kashmiri. Some Kashmiris petitioned Supreme Court to intervene. In its order, the Supreme Court directed 10 states and various institutions to take remedial steps, but in vain.

Fake encounters

People have lost trust In India’s claims of success in “encounters”, mostly fake. In July last year, security forces in Kashmir claimed to have killed three “unidentified hardcore terrorists” in a gunfight in Amshipora village of Kashmir’s Shopian district. They had last made phone calls to their families on July 17, 2020, a day before the purported gunfight had taken place.

An army inquiry and a police probe into the encounter established that the three suspected militants killed in Amshipora were shot dead in a fake encounter.

Indian army stages such encounters to earn reward of Rs. 20 lac per encounter. A year has gone by but the captain accused of masterminding and executing the fake Amshipora encounter is still unpunished.  He abducted three labourers from their homes and shot them dead as “terrorists”. Those killed in Shopian in July 2020 were Mohammed Ibrar of Tarkasi village, Imtiyaz Ahmad of Dharsakri village, and Ibrar Ahmad.

Concluding remark

It is obvious that it is not all hunky dory in Kashmir as India claims. The changed dimension of “militancy” is an incurable headache for the Modi’s government.

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Energy15 hours ago

Maximizing Nickel as Renewable Energy Resource and Strengthening Diplomacy Role

Authors: Nani Septianie and Ramadhan Dwi Saputra* The development of the times and technology, the use of energy in the...

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