17021953 --287 Text of the Letter transmitted to the United Nations Representative in Geneva, on 17 February 1953, by the Representative of India

17021953 --287 Text of the Letter transmitted to the United Nations Representative in Geneva, on 17 February 1953, by the Representative of India

I have now received the comments of my Government on the proposals of the United Nations Representative for India and Pakistan based upon the twelve proposals, which formed an enclosure to your letter dated the 14th February, and am forwarding, herewith, a memorandum which states the views of the Government of India.

(Signed) G.S. Bajpai

Representative of India

MEMORANDUM

1. The Government of India has no comments on paragraphs 1 to 6, 8 and the provisional clause, except to suggest that, as agreed during the discussions at Geneva last September, paragraph 6 could be re-drafted so as to incorporate the substance of the provisional clause. This, however, is a minor drafting change.

2. As regards paragraph 7, the Government of India has no comments on A (i) and (ii), and B(i) and (ii).

On the question of Azad Kashmir forces referred to in paragraph A(iii), the Government of India would invite the attention of the United Nations Representative to section II of paragraph 1 of the Government of India's memorandum printed as annexure V to his fourth report to the Security Council. The Government of India is unable to agree to the retention of any military force in the so-called Azad Kashmir territory. Not only would this be contrary to the assurance given by UNCIP to India that the resolution of the 13th August should not be interpreted, or applied in practice, so as to bring into question the sovereignty of the Jammu and Kashmir Government over the portion of their territory evacuated by Pakistan troops, or to enable this territory to be consolidated in any way during the period of truce to the disadvantage of the State, but the presence of such a force which, by reason of its association with the Pakistan Army, constitutes a link with that Army, would be a threat to the security of the State. In the opinion of the Government of India, the function of preventing violations of the cease-fire line from the Azad Kashmir side can be effectively performed by a civil armed force to the formation of which they have already agreed. However, in order to meet the United Nations Representatives point regarding the necessity of an adequate force to prevent infringement of the cease-fire line from the Azad Kashmir side, the Government of India are willing to agree to some increase in the numbers of the proposed civil armed force and also to the equipment of the armed section of this force with such weapons as may be considered suitable to ensure the satisfactory discharge of this function.

As regards paragraph 9 of the proposals, the Government of India considers that the question of local authorities has to be dealt with in the light of the assurances given to the Government of India by the United Nations Commission for India and Pakistan. For this purpose it is essential that local authorities should not be so evolved, nor so function in practice, as to bring into question the sovereignty of the Jammu and Kashmir Government over the evacuated territory or to let it be consolidated in any way to the disadvantage of the State. In the opinion of the Government of India this makes it necessary: (i) that the so-called Azad Kashmir Government. shall not be allowed to function in this area either collectively. or individually through their Ministers; (ii) that all officials appointed by the Pakistan Government shall cease to function; (ii) that no connexion shall be maintained between the local authorities and the Pakistan Government; and (iv) that the administration shall be conducted under the surveillance of the United Nations Representative by local officials who can be relied upon to discharge their duties effectively and impartially with strict regard to the needs and conditions of a fair and impartial plebiscite. The Government of India also considers that United Nations surveillance will have to be sufficiently wide and effective to ensure maintenance of peace and order in this area, and of a reasonable degree of administrative efficiency. The Government of India also contends that, having regard to the definition of the term "evacuated territory" given by the Commission, the entire area on the Pakistan side of the cease-fire line and not merely the Azad Kashmir territory, should be administered by local authorities under the surveillance of the United Nations Representative.

As regards paragraph 10, the Government of India reaffirms the view stated in paragraph 2 of the aforesaid memorandum (Annex 5 to fourth report of the United Nations Representative).

The Government of India have made it clear in paragraph 3 of the aforesaid memorandum, that, so far as their forces are concerned, they have always, understood the term "disposal" in paragraph 4 (a) of the UNCIP resolution of the 5th January, 1949, to mean "disposition" and not reduction or withdrawal. This is still their stand with regard to paragraph 11 of the proposals.

In paragraph 26 (ii) of his fourth report, the United Nations Representative has stated that the Government of India accepted paragraph 12 with the understanding that the differences referred to the United Nations Representative should be only on technical details referring to the actual implementation of the agreed programme. This is still the position of the Government of India.

APPENDIX

Truce Agreement

As regards the implementation of B. 1 and 2 of part II of the resolution of the 13th August, 1948, India's position is that the Azad Kashmir forces cannot be differentiated from the Pakistan Army of which they are, for all practical purposes, an integral part, and that their numbers, equipment and efficiency constitute a threat to the security of the State. The implementation, therefore, by Pakistan of A.1 and 2 of part II of the resolution will not materially diminish this threat which is aggravated by the ease with which, owing to the proximity of Pakistan's military cantonments, these forces could be quickly reinforced by the Pakistan Army. So long as agreement regarding the complete disbanding of the Azad Kashmir forces is not reached, a truce agreement cannot create "the conditions for a final settlement of the and disarming situation in the State of Jammu and Kashmir". India is, therefore, unable to accept any reduction of its present forces except as part of an overall arrangement which includes not only the withdrawal of Pakistan troops, tribesmen and Pakistan nationals not normally resident in the State who have entered for the purpose of fighting but also agreement on the measures to be adopted for the complete disbanding and disarming of the Azad Kashmir forces.