India has scrapped articles 370 and 35-A of its constitution. The article 370 withdraws `special status’ for disputed Kashmir. According to India, this status was quid pro quo for fire-brand Kashmir leader Sheikh Abdulah and so-called `Kashmir constituent assembly’ for `acceding to India’. Article 35-A protects hereditary rights granted by Kashmir’s prince to its subjects.
To divert world’s attention from disputed nature of the state, India beclouds the bitter truth that Kashmir is a disputed state, not an `integral part’ of India. `Accession to India’ is ultra vires under United Nations’ resolutions and Simla Accord. Future of Kashmir remains to be self-determined by Kashmiris themselves.
Historian Alastair Lamb, in his works has lambasted India’s view that Kashmir prince, maharajha Hari Singh acceded to India by signing an `instrument of accession’ on October 26, 1947.Avtar Singh Bhasin, through lens of Pandit Jawahar Lal Nehru’s documents, shows that Nehru had a perfidious mind. He remained committed to plebiscite and never cared a fig for `accession’ resolution or `instrument’. Curious readers may refer to Lamb’s Incomplete Partition, Kashmir – A disputed legacy 1846-1990, and Birth of a Tragedy. Avtar Singh Bhasin, have tried to sift truth about `Pakistan’s aggression’ and the myth of `accession instrument’. Curious readers may refer to Lamb’s Incomplete Partition, Kashmir – A disputed legacy 1846-1990, and Birth of a Tragedy; besides, Bhasin’s India and Pakistan: Neighbours at Odds ( Bloomsbury, New Delhi, 2018), 10-volume documentary study of India-Pakistan Relations 1947-2007. It contains 3649 official documents, accessed from archives of India’s external-affairs ministry. Also, Selected Works of Jawaharlal Nehru (SWJ), Nehru Memorial Museum and Library, Department of Culture, Government of India.
Let’s have a bird’s-eye view of documented facts.
UN outlaws `accession’ and supports plebiscite: 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 `Instrument of Accession’ is not registered with 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.
India’s `father of constitution’ Ambedkar advocates a plebiscite: After revoking the special status of Jammu and Kashmir, India’s prime minister Narendra Modi told the nation that the government has fulfilled Ambedkar and other tall leaders’ dream. His view was orchestrated by a coterie that included Union Minister Arjun Meghwal, Vice President Venkaiah Naidu, and BSP President Mayawati. There are no documents to corroborate the view that Ambedkar opposed article 370. Ambedkar was misquoted by Hindu extremist leader Balraj Madhok in RSS mouthpiece, Organiser, published on November 14, 2004
Ambedkar’s well-documented speeches, writings and parliamentary debates are available on the Ministry of External Affairs’ website. Ambedkar sought a quick solution for the Kashmir issue and advocated a plebiscite. Ambedkar even said that the Partition was the right solution for Kashmir!
In a speech Ambedkar rendered in the Parliament on 10 October 1951, while resigning from Nehru’s cabinet, he said, “Give the Hindu and Buddhist part to India and the Muslim part to Pakistan, as we did in the case of India. We are really not concerned with the Muslim part of Kashmir. It is a matter between the Muslims of Kashmir and Pakistan. They may decide the issue as they like.” (BR Ambedkar, in 1951). He suggested a zonal plebiscite saying, “… If you like, divide it into three parts: the Cease-fire zone, the Valley and the Jammu-Ladhak Region, and have a plebiscite only in the Valley. What I am afraid of is that in the proposed plebiscite, which is to be an overall plebiscite, the Hindus and Buddhists of Kashmir are likely to be dragged into Pakistan against their wishes and we may have to face the same problems as we are facing today in East Bengal.” Obviously, Ambedkar did not want to cling to Valley against wishes of the Muslim majority there. In another speech in 1953, during a parliamentary debate on India’s
foreign policy, Ambedkar said, “The key note of our foreign policy is to solve the problems of the other countries, and not to solve the problems of our own. We have here the problem of Kashmir. We have never succeeded in solving it. Everybody seems to have forgotten that it is a problem. But I suppose, someday, we may wake up and find that the ghost is there.”(BR Ambedkar, in 1953).
Nehru disowns `accession’ and supports plebiscite: In Chapter 5 titled Kashmir, India’s Constitution and Nehru’s Vacillation (pages 51-64), Bhasin 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 `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 November3, 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 constituent assembly of Kashmir “decides in favour of 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 ultimate flow from the Security Council proceedings’ (SWJ: Volume 15:, Part II, page 394. Bhasin page 56). 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 (page 57 op. cit.), `at press conference on 24 July, 1952 when asked what the necessity of plebiscite was now that he had got
the Constituent Assembly, he replied “Maybe theoretically you may be right. But we have given them an assurance and we stand by it (SWJ: Volume 19, pp. 240-241. Bhasin).
Was India the `aggressor’ in Kashmir in 1947: The factual position is that India marched its troops into Kashmir without Maharajah’s permission _ an act of aggression. Historian Alastair Lamb, in his book Incomplete Partition (Chapter VI: The Accession Crisis, pp. 149-151) points out that Mountbatten wanted India not to intervene militarily without first getting `instrument of accession’ from maharajah [prince] Hari Singh. Not doing so would amount to `intervening in the internal affairs of what was to all intents and purposes an independent State in the throes of civil conflict’. But, India did not heed his advice. Lamb says `timing of the alleged Instrument of Accession undoubtedly affected its legitimacy'(p.172, ibid). He adds `If in fact it took place after the Indian intervention, then it could well be argued that it was either done under Indian duress or to regularise an Indian fait accompli’.
Lamb concludes (p. 191, ibid):`According to Wolpert, V. P. Menon returned to Delhi from Srinagar on the morning of 26 October with no signed Instrument of Accession. Only after the Indian troops had started landing at Srinagar airfield on the morning of 27 October did V. P. Menon and M. C. Mahajan set out from Delhi from Jammu. The Instrument of Accession, according to Wolpert, was only signed by Maharajah 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 (Kashmir – A disputed legacy 1846-1990). 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 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. 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.
He questions: “Would the Maharajah have signed the Instrument of Accession, had the Indian troops not been on Kashmiri soil?” 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. In his later work, Birth of a Tragedy, Lamb claimed that Maharajah of Jammu and Kashmir never signed the Instrument of Accession at all.
No allegiance to Indian constitution in `instrument’: The ‘Instrument’ expresses ‘intention to set up an interim government and to ask Sheikh Abdullah to carry the responsibilities’ with maharajah’s prime minister. By Balkanising the disputed state, India tore the Instrument of Accession, even otherwise doubtful, to shreds. Para 7 of the Instrument of Accession, `signed’ by Maharaja Hari Singh ostensibly on October 26, 1947 stated, “nothing in this Instrument shall be deemed to commit me in any way to acceptance of any future Constitution of India or to fetter accession resolution, passed by the occupied Kashmir’s ‘constituent assembly’. Bhasin, p. 57).
Pakistan never labeled `aggressor’ at UN: Nehru told parliament on March 1, 1954 `that …United States have thus far not condemned it [aggression] and we are asked not to press this point in the interest of peace (Bhasin, pp. 55-56, ibid.).
Nehru himself invokes UN’s intervention: Bhasin points out Nehru made `tactical error’. One `of committing himself to the UN’ (p. 28. op. cit., SWJ: Volume 8: pages335-340). Accession documents are un-registered with the UN.
Post-Nehru equivocal rhetoric: The Kashmir Question is intact on General Assembly’s agenda, with United Nations’ Military Observers’ Military Group on duty.
Inference: It is eerie that the whole architecture of India’s `integral part’ stand on Kashmir is erected on the mythical `instrument of accession’ and its endorsement by the disputed state’s assembly. Legal rigmarole at India’s Supreme Court about special status being temporary or permanent is immaterial. UN charter and right to self- determination override ultra vires `accession’ antics.
The World Biggest COVID-19 Crisis: Failure of India’s Vaccine Diplomacy
As over 100 million people in the U.S. are fully vaccinated and the world’s daily count of new cases is falling, India faces healthcare system collapse as a second coronavirus wave is devastating. In accordance with the recent statistics of the WHO, in the past week approximately 2 million new confirmed cases were reported worldwide – almost half were from India. Interestingly, India is one of the main producers and exporters of coronavirus vaccines in the world and since mid-January, the federal government has approved a British-made Oxford-AstraZeneca, and a locally developed– a national pride Covaxin (both are being produced in India) for the massive immunization drive that has set the ambitious goal of fully immunizing 300 million people, particularly healthcare workers by the end of summer. Meanwhile, India had initially been planning to set the world record for mass vaccination but they ended up with the world record coronavirus cases, surpassing 400.000 daily COVID-19 cases for the first time.
The development and deployment of an effective and safe vaccine against the coronavirus was a key pillar in the authority’s current strategy to break down the chain of transmission. However, despite a promising start of a vaccination campaign at the beginning of this year, one of the largest immunization programs across the globe, it turns out there is not a sufficient amount of vaccine supplies in a number of states across the country. As cases continue to surge, many across the country have rushed to register for shots but most states are running out of doses and a large number of vaccination centers across India turned away people due to chronic shortages or complete lack of availability of jabs. While India is one of the major producers of COVID-19 vaccines with a monthly capacity of 70 million doses, now forced to import jabs, as local manufacturing facilities are facing challenges to meet growing demand. As India’s expansion of its immunization campaign has been failing badly, it makes a disastrous situation even worse. On the other hand, the current devastation leads to a depression in global vaccine supply and consequently, it hits the low and middle-income countries, as they rely on the Indian pharmaceutical industry.
The second devastating wave was hitting the country since mid-April and apparently, India’s poorly funded public healthcare system is not capable enough to overcome the world’s largest surge in COVID cases. Health facilities overwhelmed as infection rates explode; therefore, many hospitals in the large cities already suspended admitting even the critically ill coronavirus patients as all beds were full and medical equipment, particularly oxygen concentrators, ICU beds, test kits, PPEs and ventilators in short supply, while corpses pile up at morgues and crematoriums. As a death toll rises sharply, additional crematoriums are being built in order to deal with the grim situation, especially in the hardest-hit cities and states. Furthermore, in the midst of a big surge Indian government also launched a vaccination drive for anyone over the age of 18 starting 1st of May. Ironically, along with China and Russia, India was a country that had begun exporting home-grownCOVID-19 vaccine doses to foreign countries, but only less than 3% of its population has been fully vaccinated so far. During a global pandemic, thanks to its massive production capacity, India actively donated locally produced Coronavirus vaccines to the Southeast Asian, Middle Eastern and African low and middle-income nations under the “Vaccine Friendship” program. The initiative was launched in early 2021 and it sought to promote cooperation and cement ties by distributing a dozen of jabs through the Vaccine Diplomacy. In reality, in the battle to gain political influence across the developing world, India shipped millions of doses to poorer countries before managing to secure an adequate amount of vaccines for its own people.
India’s infections keep surging due to the unavailability of medical resources and thus the crisis also affecting the global vaccine and medical supply chains, as over 40 countries, including Russia, European Union, China and the United States and numerous international charities are proactively providing a range of humanitarian aid and emergency assistance.
Many events marking religious festivals and cultural events across the world have been banned because of Coronavirus; on the contrary, despite the high risks of infection several crowded religious festivals and gatherings have been taking place in India’s various holy sites and places of worship with a thousand of unmasked pilgrims and devotees. Additionally, Prime Minister Narendra Modi’s total23campaign rallies that brought tens of thousands of incautious supporters together caused the spike in coronavirus cases. Hence, the federal government acted reluctantly to impose major restrictions for containing the virus by relying on local authorities to take action.
Indeed, India is the third country with over130 million doses administrated in the world, the highest figure just behind the United States and China respectively, but even the large-scale vaccination process was insufficient to prevent the second wave for a population of more than 1.3 billion people. Although international flights are being suspended to and from India by many governments, a more transmissible India COVID variant, formally known as B.1.617has already been detected in multiple countries and territories worldwide. India’s COVID -19 crisis warns that the risk of infection remains high and many countries could face a strong resurgence of COVID-19similar to India. Health experts concern that a new and more contagious strain spreads more easily and it could even evade vaccines. The current outbreak shows that every country remains vulnerable and could find itself in dire straits unless the adaptation and implementation of strict anti-pandemic measures and policies. However, strengthening the public health system, enhancing safety protocols and sanitary measures, ensuring transparency and accountability, and initiating a successful immunization campaign will be seemingly crucial to combat the pandemic, otherwise, a similar crisis could soon become a common tragedy for the entire world in the foreseeable future.
Pakistan desires dialogue and cooperation with the EU
Renew Europe, a liberal, pro-European political group of the European Parliament, presented a resolution and was passed by the EU by an overwhelming majority of 681 votes against six only. Extremist, racist groups influence the EU. No doubt, the whole world is suffering from intolerance and extremism. There are many racist movements in America and Europe too.
Pakistan being an open and democratic country, enjoys total freedom of expression to its citizen. There must be diverse voices within Pakistan. The Government of Pakistan is a parliamentary system. All matters are discussed in the parliament, which is responsible for building consensus on all crucial issues and addressing the concerns of all groups, factions, parties, minorities, etc.
Historically, Pakistan was a very tolerant and peace-loving, balanced society, but during the 1980s war in Afghanistan, Pakistan was radicalized by design. The western world deliberately promoted intolerance, religious extremist, and terrorism. Almost all intelligence agencies of the leading Western World were engaged in Pakistan for arming, training, and inspiring youth for Jihad in Afghanistan. These international intelligence agencies collected radical individuals from all over the world and concentrated them in Pakistan to launch Jihad in Afghanistan; Many terrorist organizations were created by them in the whole Muslim world, was either, Mujahideen, Taliban, Daesh, Al-Qaida, or ISIS, Boko-Haram, or any other militant group, was the creation of Western World and used for particular objectives. After achieving their goals, they banned them and kept their distance from them. And she was now blaming them for terrorism, Unfortunate!
Pakistan was a close ally of the US, NATO, and Europe (Western World), an essential front-line state in the Afghan war, and a non-NATO ally in the war on terror. Pakistan suffered extremism, intolerance, terrorism, gun culture, and drug culture, promoted by the Western world. Pakistan is a victim state.
The visionary leadership in Pakistan is very much clear about the situation and determined to establish the rit of government while staying within the democratic values of our system. The recent unrest in Pakistan was a domestic issue, just like in many parts of Europe and America. The incident of Capitol Hill, Killing of Gorge Floyd, and followed continued protests and demonstrations in America; agitations, demonstrations in many parts of Europe are witnessed often, it is believed that all governments are trying to resolve their domestic issues within their Constitution. There was no external pressure on either of these governments. It is expected that let Pakistan overcome its domestic crisis, and the capable Government of PM Imran Khan has already resolved the issue amicably.
Under this scenario, the adoption of a resolution by the EU is not appreciated and, in fact, has hurt the feeling of ordinary Pakistani. It reflects the bias of EU only. A resolution presented by the extremist group should not be the voice of the whole EU. Trust, there must be many reasonable, moderate, and unbiased members in the EU parliament who think logically and rationally. The adoption of such a resolution is totally irrational, irresponsible, and against the globalization spirit.
While Pakistan is engaged to clear the mess created by Western World and almost near to succeed entirely, there is a dire need for International support, and coercion may not be fruitful at this critical moment. It is hoped that the EU may re-consider the resolution and revert it immediately. All peace-loving parliamentarians in the EU are appealed to think rationally and logically to promote international cooperation and understanding to defeat intolerance, bais, extremist, terrorism and turn the whole world into a better place to live and gift our next generation peace, stability, harmony, and prosperity.
However, Islamophobia is an international phenomenon in recent decades all over the Western World. The Prime Minister of Pakistan mentioned it in his speech at the United Nations General assembly (UNGA) last year. A similar resolution was also passed in the OIC. The whole Muslim World is worried and unhappy over blasphemy in the few western countries. There were protests and demonstrations by Muslims all over the world, with various intensities. At the same time, Muslims respect other religions and deserve to reciprocate respect for Islam.
The federal government in Pakistan has decided to address the European Parliament’s reservations after the body had called for an appraisal of Pakistan’s GSP Plus status. The development came after Prime Minister Imran Khan chaired a meeting involving senior ministers of the cabinet. It was called in response to a resolution approved by the European Parliament a few days ago, calling for an assessment of Pakistan’s GSP Plus status. The premier stressed the government would not compromise on the laws about the finality of the Prophethood. The participants, during the meeting, decided to address the reservations of the European Union. It was also unanimously agreed that the protection of minorities in the country would be ensured. The participants believed the GSP Plus trade agreement has nothing to with blasphemy laws.
In response to the European Parliament’s resolution, the Foreign Office had expressed disappointment over the development.”The discourse in the European Parliament reflects a lack of understanding in the context of blasphemy laws and associated religious sensitivities in Pakistan – and the wider Muslim world. The unwarranted commentary about Pakistan’s judicial system and domestic laws are regrettable,” read a statement by the FO.
“Pakistan is a parliamentary democracy with a vibrant civil society, free media, and independent judiciary, which remains fully committed to the promotion and protection of human rights for all its citizens without discrimination,” the Foreign Office had added.
The FO had emphasized that Pakistan is proud of its minorities who enjoy equal rights and complete protection of fundamental freedoms as enshrined in the Constitution. Judicial and administrative mechanisms and remedies are in place to guard against any human rights violations.
“Pakistan has played an active role in promoting freedom of religion or belief, tolerance, and inter-faith harmony. At a time of rising Islamophobia and populism, the international community must exhibit a common resolve to fight xenophobia, intolerance, and incitement to violence based on religion or belief and work together to strengthen peaceful co-existence.”
There exist multiple mechanisms in place between Pakistan and the EU to discuss the all-inclusive spectrum of bilateral relations, including a devoted Dialogue on Democracy, Rule of Law, Governance, and Human Rights. Pakistan would continue to remain definitely engaged with the EU on all issues of mutual interest. Pakistan believes in dialogue under the charter of the UN. Pakistan desires an early dialogue and settlement of all differences amicably. Any unilateral decision may not be fruitful to either side. It is time to strengthen our ties and mutual support. Only by collective efforts may we turn this universe into a better place to live for humankind. Pakistan assures its best possible cooperation at all times and awaits reciprocity from the EU.
Religion Freedom Index of Bangladesh: Current Developments and Government Responses
Aid to the Church in Need (ACN) recently published its annual Religious Freedom in the World 2021 Report (RFR) that scrutinizes the situation for all major religion groups in 196 countries across the world. The report found that, over the past two years, oppression against susceptible faith communities has augmented in all but one of the 26 countries listed in the survey’s worst (‘red’) category. Bangladesh is that only country whose position on the red list of religious persecution remains unchanged.
The annual report says that religious freedom is being undermined in one out of every three countries in the world which composed two-thirds of the world population. 62 countries out of a total of 196 face severe violations of religious freedom. The situation of minorities in India and Pakistan is deteriorating further. The situation in China and Myanmar is the worst. According to the report, the situation is worse in 95 percent of the 26 countries where persecution is taking place. Nine new countries have been included in this list- seven from Africa and two from Asia.
The report on Bangladesh says that the torture of minorities has not increased in recent years but the influence of Islamic groups is increasing in the politics of Bangladesh. However, the government has been successful in subdue the influence and maintaining religious freedom. For instance, after the rise of Islam-fabric politicization leading by “Hefazat-e-Islam”, the top leaders and at least 375 people nabbed for their recent violent activities. The strict position of law enforcement agencies against the rampage of the group denotes the zero-tolerance of Bangladesh government in ensuring religious freedom and upholding “secularism” which is one of the state principals of its constitution. The argument can be evident with the recent report of the European Foundation for South Asian Studies (EFSAS) titled, “Bangladesh and Pakistan: acting against extremism versus making a show of acting against extremism”. Highlighting the activities of the Islamist group Hefazat-e-Islam (HIB) in Bangladesh and the radical Tehreek-e-Labbaik (TLP) in Pakistan, the report comments that Bangladesh government has been making “noticeable progress in dealing with the radical Islamist HIB whereas Pakistan has floundered dramatically in its inconsistent, ill-considered and ill-implemented attempts to pacify the TLP”. Besides, the initiatives of the Bangladesh government in protecting the minority rights are so much praiseworthy.
According to the 2019 Report on International Religious Freedom of US Department of State, to advocate the minority rights and to foster religious tolerance, Bangladesh government has taken a number of initiatives such as-
•Providing guidance to imams throughout the country to prevent militancy and monitoring mosques for “provocative messaging”.
•Deploying law enforcement personnel at religious sites, festivals, and events considering potential violence. The Economic Times reported that 30,000 and 31,272Durga Pujas were organized across the country in 2017 and 2018 respectively without any security issue.
•Zero-tolerance to Islamic militancy. For instance, Special Tribunal convicted and sentenced to death seven of eight defendants who were accused in the 2016 killings of 22 mostly non-Muslim individuals at the Holey Artisan Bakery in Dhaka.
•Offering stipends to students from the minority groups in the primary and secondary level; and
•Providing funds for minority rituals and social activities.
Most importantly, Bangladesh ensures a level playing field in the employment sectors and a viable people-to-people contact. ‘Dhormo Jaar Jaar, Utsob Shobar,’ (Religion for own, but festivals for all” is a testimony of its secular values and communal harmony. The ACN report itself showed, in Bangladesh, where due to fear of infection, minority faith groups were incapable of offering the last rites to family members, an Islamic charity buried not only Muslim but also Hindu and Christian victims of COVID-19. Besides, reliefs were equally provided to every sector of the society regardless of their race or religion.
To conclude, Bangladesh always believes in fraternity beyond ethno-religious affiliations and practiced secularism in daily life throughout the history. But at present, due to the rise of right-wing populist politics both at regional and global level and rise of fundamentalism, religious harmony in Bangladesh is also affected. However, comparatively, Bangladesh is doing better than many regional states and the country is destined to overcome the challenges in near future due to the pro-active role of the government in this regard.
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