UN has failed to execute India’s complaint over POJK for 73 yrs. Time to directly instruct Pakistan to vacate?

| Daya Sagar

The then Representative of India to United Nations Organisation had on 01-01-1948 filed a complaint before President of Security Council in terms of the instructions and text of the said complaint received by him through telegram from Government of India Dominion ( Government of India).

The brief of para -1 of the complaint went like – “1. Under Article 35 of the Charter of the United Nations, any Member may bring any situation whose continuance is likely to endanger the maintenance of international peace and security to the attention of the Security Council. Such a situation now exists between India and Pakistan owing to the aid which invaders, consisting of nationals of Pakistan and of tribesmen from the territory immediately adjoining Pakistan on the north-west, are drawing from Pakistan for operations against Jammu and Kashmir, a State which has acceded to the Dominion of India and is part of India. …. The Government of India request the Security Council to call upon Pakistan to put an end immediately to the giving of such assistance, which is an act of aggression against India. If Pakistan does not do so, the Government of India may be compelled, in self- defence, to enter Pakistan territory, in order to take military action against the invaders. The matter is, therefore, one of extreme urgency and calls for immediate action by the Security Council for avoiding a breach of international peace”.

In a way even after that still a low intensity war continued between India and Pakistan till on 1st Jan 1949 ceasefire was officially called. After that India has fought three high intensity wars with Pakistan .UN could not get the occupied areas vacated ‘from’ Pakistan and position has not yet changed even till 2021.

After 1st January 1948 complaint and ceasefire of 01-01-1949, there was 1965 Pak initiated Indo-Pak War and then was again 1971 Indo -Pak where in Indian forces did enter Pakistan and although a new republic of Bangla Desh was born out of Pakistan but Pakistan Occupied areas of Indian State of J&K ( POJK) still remained unrecovered / freed from Pakistan.

Instead Pakistan continued its activities for destabilising development and disturbing peace in J&K through indirect means/ methods supporting the anti India elements / militancy across J&K. The 1947 families (then over 40000 families local ) displaced from the areas of Indian state of J&K occupied by Pakistan ( Kashmir Valley 28% area) & Ladakh Region ( 41% ) and Jammu Region 27.5 % ) who have not been even given the claims by GOI for the assets/ properties left behind since they are not ‘ 1947 refugees from Pakistan’ but are internally displaced persons from some parts of Indian state of J&K and since it has been the policy of Government of India to rehabilitate them back in their parent villages/ cities after freeing the areas from Pakistan they are still hopefully waiting for retrieval of their ‘lands’ even after over 73 years now.

Not only that with the anti India designs of Pakistan over 60000 families ( comprising of State Subjects/ Permanent Residents of J&K and some non- permanent residents of J&K ) were forced to desert their homes/ hearths in Kashmir Valley in 1989-1990s and since normal and secure social/civic environment could not be restored they are also staying away from their hearths for over 30 years now.

With Kashmir Valley in particular and the areas along the LOC being violated through direct/ indirect activities steered by Pakistan Government large amount of material / emotional/executive energies of government pf India are being consumed in attending to Kashmir valley related political/ separatist/militancy/social issues where by the other areas of erstwhile state of J&K have suffered of lack of attention / development in almost all sectors and particularly in horticulture/ agriculture, tourism, public infrastructure , employment generation, local crafts & industry.

If we go by the UN resolutions1 like UNSC resolution -47 of 21 April 1948 ( that asked for Pakistan to use its “best endeavours” to secure the withdrawal of all tribesmen and Pakistani nationals, putting an end to the fighting in the state ) it could be clearly read that UN had then recognised Pakistan as aggressor and had that not been like that UN would not have asked Pakistan to pull back all its forces as well as the infiltrators that were entering/ had entered from Pakistan side. But UN has not been able to do its duty towards International community of which India forms the part since Pakistan did not start first actions that were needed as per Resolution -47 of 21 April 1948. In a way UNO has remained ineffective.

May be the then Narasimha Rao Ji Government (Pamulaparthi Venkata Narasimha Rao PM 21-06-1991 to 16 -05-1996; Congress MPs 252 and BJP MPs 121 ) too had sensed that voicing concern only through UN desk route is not going to make Pakistan behave and yield occupied areas, which was why instead of the return back of 1947 POJK DPs to their ‘hearths’ Government of India had to see in 1990 another mass migration of local Kashmir Valley population with nearly total Hindu population coming out for saving life & honour. So it was on 22 February 1994 that Parliament of India noting with deep concern Pakistan instead playing role in imparting training to the terrorists in camps located in Pakistan and Pakistan Occupied ‘Kashmir’/ providing material assistance to foreign mercenaries/ facilitating infiltration into J&K in a way felt to send a direct message to Pakistan through a Parliamentary Resolution that such activities /plans on the part of Pakistan were against the internationally accepted norms of inter-State conduct as also violation of the 1972 Shimla Agreement keeping in view that the State of Jammu & Kashmir has been, is and shall be an integral part of India and any attempts to separate it from the rest of the country will be resisted by all necessary means; India has the will and capacity to firmly counter all designs against its unity, sovereignty and territorial integrity; and demanded (asked) that Pakistan must vacate the areas of the Indian State of Jammu and Kashmir, which they have occupied through aggression…

To be brief, Parliament of India had on 22-02-1994 pointedly demanded/asked that Pakistan must vacate the areas of the Indian State of Jammu and Kashmir, which they have occupied in 1947 through aggression. Now it was for Executive ( Government of India ) to execute what Parliament had asked Pakistan to do ( Pakistan must vacate) .
Why India government has not done that (asked Pakistan pointedly) in black and white to vacate POJK areas by an appointed date till date (even nearly 27 yrs after that) could be asked by the new generation.

In February 1992 J&K was engulfed in acute militancy as well as separatist activities so it can be argued by some that Sri. P. V Narasimha Rao government ( 21-06-1991 to 16 -05-1996; Congress MPs 252 and BJP MPs 121 ) might not have asked Pakistan to vacate the areas by an appointed date since what next after Pakistan does not vacate could be the question and Mr. Narasimha Rao did not return for 2nd term in 1996. Instead from May 1966 till Oct 1999 India had two Lok Sabha elections ( 11th and 12th) and four Coalition Governments { Atal Behari Vajpayee Ji – 16-05-1996 to 01-06-1996 ) , H.D. Deva Gowda ji ( 01-06-1996 to 21-04-1997 ) , I.K. Gujral Ji ( 21-04-1997 to 19-03-1998 ) and Atal Behari Vajpayee ji (19-03-1998 to 10 Oct 1999 )}.Some one may contest for reasons lying therein also.

No doubt after 22 Feb 1994 once again there was a war between India and Pakistan initiated by Pakistan in 1999 along Ladakh region of J&K but that did end in only throwing out the Pakistan intruders / forces from areas intruded in 1999. But 1947 POJK areas still remained unrecovered and the 22nd Feb 1994 resolution remained unexecuted.

Even after Narasimha Rao Government i.e after 1996 no government had carried the demand of Parliament pointedly to Pakistan fixing some appointed date for vacation without war and hence some one may plead with some ‘reason’ that governments were not that stable and hence what next in case Pakistan did not vacate.

There after three coalition governments did last full terms, For 13th Lok Sabah ( PM Atal Bihari Vajpayee BJP- NDA- 10 Oct 1999 to 22 May 2004’ BJP189 MP/ Cong 118 MP ) , 14th Lok Sabha ( PM Man Mohan Singh Ji UPA 17 -5- 2004 to 18-5- 2009; Congress 259MP and BJP 144 MP ) and 15th Lok Sabha (PM Man Mohan Singh Ji 18.05.2009-18.05.2014 UPA Congress 211 MP BJP 119 MP ) and one could still plead earlier explanation in defence like what next in case Pakistan does not vacate by an appointed date simply contesting no party was in clear majority and difficult to take extreme decisions..

But then after 15th Lok Sabha Elections (16th Lok Sabha BJP 289 MPs Congress 50 MP BJP Government , 17th Lok Sabha BJP 302 MPs Congress 51 MPs BJP Government ) even that compulsion of not having prevailing authority for taking decisions does not appear to be there to defend. Still it was so “hitting” that even in 2020 Shrimati Mala Roy MP went to the extent of even asking the government < whether the Government is aware of a Parliament resolution on PoK ?

In reply to a Lok Sabha unstarred Q. No. 2977 on 1994 resolution on POJK from Shrimati Mala Roy asking :a) whether the Government is aware of a Parliament resolution on PoK ; (c) the details of steps taken till date on PoK ? it was on 11-03-2020 that THE MINISTER OF STATE MEA SHRI V. MURALEEDHARAN replied by saying “Government monitors all developments taking place in the territories of India including in territories that are under illegal and forcible occupation of Pakistan. We have consistently called upon Pakistan to immediately vacate all areas under its illegal and forcible occupation”. But no specific details were given for steps taken till date on “PoK” liberation. It was again on 21ST MARCH 2018 that in reply to Rajya Sabha Q. No †2957 ( SHRI JAVED ALI KHAN) : (a) whether Government is still committed to the resolution on Jammu and Kashmir passed by the Parliament on 22nd February, 1994; and (b) if so, the measures taken to liberate Pakistan Occupied Kashmir from Pakistan? , The MINISTER OF STATE MHA SHRI HANSRAJ GANGARAM AHIR had said “India is committed under the Simla Agreement and the Lahore Declaration, to resolve all issues with Pakistan peacefully through bilateral discussions.” Here too no material reply on liberation of POJK was made. Before that it was on 12-12-2018 that replying to a question in Lok Sabha (*32. DR. KIRIT SOMAIYA ), External Affairs Minister Sushma Swaraj without elaborating on where and in what form the issue was raised with Pakistan, had said “We have repeatedly and consistently called upon Pakistan to immediately vacate all areas under its illegal occupation, most recently on November 30, 2018,”.

Leaders are often found making public speeches about POJK/POK liberation / 22nd February 1994 Parliament resolution introducing the resolution more as Parliament’s resolve that J&K is integral part of India where as what Parliament had resolved was that Pakistan must vacate the occupied areas. As regards J&K being integral part that was just reiterated keeping in view Art-1 of Constitution of India. No doubt such statements do not sound much of worth in fair wisdom still the common man keeps on hoping that one day India will surely set a firm date before Pakistan for vacating the POJK 1947 areas.

So, going by all that and claims of government functionaries of the day is it still not appropriate time for Government of India to:

(i)Issue a final call on Pakistan to immediately withdraw her forces/ people from the areas of Indian state of J&K that have been illegally occupied after 1947/48 otherwise no option will be left with India than to get vacation by any other possible means including militarily

(ii) Draw the attention of UN Security Council to para- 1 of January 1st 1948 complaint where in India had has as a responsible member country also said “The Government of India request the Security Council to call upon Pakistan to put an end immediately to the giving of such assistance, which is an act of aggression against India. If Pakistan does not do so, the Government of India may be compelled, in self- defence, to enter Pakistan territory, in order to take military action against the invaders. The matter is, therefore, one of extreme urgency and calls for immediate action by the Security Council for avoiding a breach of international peace” and also inform UN Security Council that it has been now more than 7 decades since India requested UNSC to prevail upon Pakistan to vacate the illegally occupied areas of Indian state of J&K but still no result has come and hence India is asking Pakistan to withdraw her forces from occupied areas since India can not afford to wait for more time as the people of POJK areas have suffered enough for 7 decades.

Further POJK areas are also being used by some more anti India forces under the patronage of Pakistan to disturb peace / stability in other parts of Indian state of J&K through militant / terrorist/ separatist activities

(iii) Keep the options open for use of force in case Pakistan does not respond favourably in the given immediate time. Unless that is done, return of peace and stability in “the J&K” may not be there for few more decades.

(*It was on 20 Jan 1948 that UNSC resolved ( 39) to assist in the peaceful resolution of the Kashmir Conflict by setting up a 3 member commission to suggest what course of action would be best to help further restoring peace in the region that was followed by UNSC resolution -47 of 21 April 1948 that asked for :

(i)Pakistan to use its “best endeavours” to secure the withdrawal of all tribesmen and Pakistani nationals, putting an end to the fighting in the state
(ii) India was asked to “progressively reduce” its forces to the minimum level required for keeping law & order and principles that India should there after handle the administering law and order in consultation with the Commission by as far as possible using local personnel
(iii) India to ensure that all the major political parties were invited to participate in the state government at the ministerial level and to appoint a Plebiscite Administrator nominated by the United Nations)

(The views expressed are authors own and do not necessirly reflect the views and opinion of SamvadaWorld)

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