Evaluation Report of the Sub-committee of the Steering Committee of the Jammu and Kashmir State People s Convention

 Evaluation Report of the Sub-committee of the Steering Committee of the Jammu and Kashmir State People s Convention

Preamble

In its meeting held on 7 December 1969, in Srinagar, the Steering Committee decided to appoint a sub-committee consisting of us three (M.A. Beg, Balraj, and Premnath Bazaz) for the purpose of scrutinizing the tabulation work done by members of the Steering Committee with regard to the papers submitted to and the speeches made in the first session of the Jammu and Kashmir State People's Convention. We were further instructed to prepare a summary of all the proposals and suggestions which had been made by the delegates to the Convention and submit the same by the end of January 1969.

As the material did not reach us in time and certain unavoidable circumstances intervened, this report could not be submitted earlier.

We closely studied in our three meetings the reports on the papers and speeches as also the comments of the Steering Committee on them. We drafted the report and finalised it on 17th. February.

In framing our report we have, as far as possible, avoided repetitions and tried that every original proposal or suggestion is included in the summary. We, therefore, hope that every participant will find his views substantially stated though at times these may have been split into parts under different heads.

Despite our best efforts to classify the proposals, certain suggestions put under one head could have found place under another head also. This is so because some of the suggestions can fit in at two or more places but to avoid repetitions we had to include them under one head only.

Proposals and Suggestions

We have found that the proposals and suggestions made by the delegates regarding the political future of the State broadly fall under the following heads:

(a) Settlement through a Plebiscite

(b) Accession to India

(c) Accession to Pakistan.

(d) Independence for the State

(e) Interim arrangements with final solution after a specific period

(f) Some other methods of solving the problem.

We shall now state the various proposals and suggestions. under these heads serially.

(a) Settlement through a Plebiscite

It has been stressed that the political future of the Jammu & Kashmir State should be finally decided by the democratic method of a free and fair plebiscite. To this solution following conditions have been set by way of explanation or amplification:

1. Pressure should be brought to bear on the U.N. to get its resolutions implemented by India and Pakistan.

2. The Plebiscite should be held in accordance with the resolutions adopted by the Security Council on the issue.

3. The plebiscite should be held not only for the alternative of accessions to India or Pakistan but also with the third choice to keep the State independent.

4. While generally overall plebiscite for the entire State is demanded, zonal plebiscite is also suggested, the zones being as follows:

(i) Azad Kashmir

(ii) The Kashmir Valley

(iii) Doda

(iv) Rajouri

(v) Poonch

(vi) Askardu

(vii) Kargil

(viii) Gilgit

(ix) Astor

(x) Bhonji and

(i) Udhampur

(ii) Jammu

(iii) Reasi (excluding Rajouri)

(iv) Kathua

(v) Ladakh

5. The pre-requisites of a plebiscite suggested are:

(i) Withdrawal of Indian and Pakistani troops from all parts of the State.

(ii) Replacement of outside troops by State troops.

(iii) Defence against foreign aggression to be the joint responsibility of India and Pakistan under the U.N. auspices.

(iv) Resettlement of displaced persons on either side of the cease-fire line.

(v) Restoration of traffic and trade on Srinagar-Rawal pindi Road,

(vi) Free elections to J & K Assembly and formation of a representative Government to conduct the internal administration. (vii) Holding of a round-table conference of all political parties for settling details of the plebiscite.

(viii) Meetings of the leaders of India, Pakistan and Kashmir to be held by rotation in the three places to create a friendly atmosphere before the plebiscite is held.

(ix) The two parts of the State to be reunited before the free elections or the plebiscite is held.

(x) U.N. should hold charge of the State for 5 or 10 years prior to the plebiscite. (xi) A federal type of Government comprising three units-Kashmir, Jammu and Frontier ilaqas-be set up in the State.

(xii) While exercising the right of vote in a plebiscite, the State people should take note of the emotions of millions living in the sub-continent.

6. For the supervision of the Plebiscite the following suggestions are made:

(i) It should be held under the U.N. auspices.

(ii) It should be supervised by the two administrators. each from Ceylon, Burma, Afghanistan, Indonesia, Egypt, Abysinia and Kenya.

(iii) It should be held under the direction of a supreme council with the composition of the following members:

(a) U.N.O. 1

(b) India 1

(c) Pakistan 1

(d) Kashmir Valley 3

(e) Azad Kashmir 2

(f) Jammu Hills 1

(g) Jammu Plains 1

(h) Northern territories 1

(i) Ladakh 1

7. After accession through the plebiscite and before transferring the sovereignty of the State to India or Pakistan, as the case may be, the U.N. should secure the guarantee from the concerned power that the autonomy of the State shall be fully preserved.

(b) Accession to India

It is proposed that the present relationship of the State with India should continue for ever with the following provisions:

1. Cease-fire line be made the permanent boundary of the J & K State.

2. Special positions guaranteed to the State under Article 370 of the Indian Constitution should continue.

3. Autonomy of the State restored to 1974 position, changes in Article 370 after 1953 be cancelled; jurisdiction of Election Commission and Supreme Court and grant of fundamental rights (insofar as they do not affect the progressive measures like land reform and debt legislation) should not be affected by it.

4. Largest measure of autonomy should be guaranteed.

5. A truly representative government should decide the measure of autonomy.

6. The content of autonomy should be acceptable to the State Muslims.

7. A solution within the framework of Indian Constitution. wherein the people of the State, who are mostly Muslims, would be able to maintain their own cultural, linguistic and religious entity.

8. Both India and Pakistan should bind themselves by a covenant regarding the inviolability of the autonomy in their respective areas.

9. Firm assurance to be sought from the Indian leadership that it shall allow Kashmir to pursue its social, economic and political goals according to the genius of her people. Possibilities of the fulfilment of the ideals enshrined in New Kashmir to be explored. If guarantees to this effect. from India are not forthcoming, a determined battle to be launched.

10. Full assertion of Kashmir's personality within the Indian Federal system and democratisation of the State's set. up be tried through participation in elections at all levels.

11. The State should enjoy power and authority to enter into reciprocal trade agreements with authorities in Pakistan within the broad framework of the trade policies of the Indian Union.

12. The pledges given by the leaders of Kashmir and India during the early years of mutual relationship should be-affirmed.

(c) Accession to Pakistan

Proposals have been made favouring the State's accession to Pakistan but, at the same time, such accession is subjected to a plebiscite with options to accede to India, Pakistan or to remain independent.

(d) Independence for the State

It has been proposed that the State of Jammu and Kashmir should become independent. The following suggestions have been made in connection proposal:

1. A federal independent republican State should be formed with six semi-autonomous units, namely,

(i) The Valley

(ii) Azad Kashmir

(iii) Jammu Plains

(iv) Jammu Hills

(v) Northern Territories

(vi) Ladakh

Excepting the Valley, each unit to have right of secession from the State and accession to either India or Pakistan. The Valley would have to vote on accession only if after 10 or 20 years of U.N. supervision it rejects independence in a plebiscite.

2. Independent Kashmir should comprise all parts as it existed in 1947 before partition.

3. The State comprising three units namely Jammu, Kashmir Valley and Ladakh should become independent,

4. A federal independent State should be set up with three units namely, Jammu, Kashmir Valley and Ladakh,

(e) Interim arrangements with final solution after a specified period Proposals have been made to postpone the final settlement of the problem to some future date and in the meantime have some arrangements to run the State administration. The suggestions made in this connection are as follows:

1. U.N. supervision had been suggested for varying period 5, 10 or 20 years-as an interim measure.

2. For defence during interim period, State troops or militia should be employed; or in the alternative it should be the joint responsibility of India and Pakistan. One delegate has suggested to have an army of 2,000 each from Ceylon, Burma, Afghanistan, Indonesia, Egypt, Abysinia and Kenya for the purpose.

3. For internal administration, convening of a National (Constituent) assembly elected freely and fairly which will form a representative government.

4. Such subjects as defence, elections, judiciary, public services, economic development, audit and currency, to be the joint responsibility of India and Pakistan. The State not to enter into any agreement with one country which would adversely affect the other country. Further, agitation in the sub-continent against the Constitution. of the State or against the Constitutions of the two countries should be considered as treason.

5. Full autonomy within existing constitutional framework be granted till a congenial atmosphere is created for a final settlement of the accession dispute.

6. All India laws extended to the State since 1953 should be withdrawn.

7. Status quo be maintained for 5 years and Sheikh Abdullah be provided facilities to tour India and Pakistan during the period at the end of which a plebiscite be held to decide the issue finally.

8. Regional autonomy for Jammu, Kashmir and Ladakh be granted to create an organic, composite and harmonious personality of the State before attempting to decide the question of overall state.

(f) Some other methods of solving the problem Some of the proposals made for the final solution do not fall under any of the above heads and may, therefore, be grouped together as follows:

1. A round-table conference of representatives from India, Pakistan and Kashmir may be convened to thrash out de novo the issue and evolve a solution.

2. Status quo should be maintained for five years and Sheikh Abdullah, accompanied by two representatives each from Jammu, Kashmir and Ladakh, should be allowed to tour the two countries, meet the leaders there and evolve a solution of the problem.

3. Elections to the State Legislature should be held under neutral auspices to pave the way for resolving the dispute.

4. The leaders returned to the State Legislature through a fair and free election should sit at a round-table and start a purposeful talk with India and Pakistan for settling the dispute.

5. A struggle should be launched to get the right of self determination for the State people conceded by India and Pakistan. Thereafter, a convention of leaders from both sides of the cease-fire line be held to evolve a solution.

6. The present Legislative Assembly should be dissolved and the President's rule imposed on the State. Thereafter, a democratic government established in the State which should create an atmosphere conducive to the final solution of the dispute.

7. A series of conferences, conventions and meetings should be held with delegates from India and Pakistan with the purpose of creating a congenial atmosphere for a settlement. Meanwhile, fullest autonomy should be granted to the State by India.

8. A Constituent Assembly be convened to establish a representative government for Jammu and Kashmir State. The government will enter into treaty relations first with India and afterwards with Pakistan.

9. India and Pakistan should be persuaded to resolve their differences over the future affiliations of Kashmir to the satisfaction of the State people.

10. The leaders of India and Kashmir should arrive at a settlement on the basis of the pledges given to each other in 1947. This should be followed by negotiations between India (including Kashmir) with Pakistan for a final settlement of the dispute.

11. Independence of the whole State with joint control (of India and Pakistan) of foreign affairs and defence,

12. Dixon plans with independence for the plebiscite area.

Submitted

(Sd.) 1. M. A. BEG

2. BALRAJ PURI

3. PREM NATH BAZAZ

PS: Nos. 11 & 12 added with the permission of other members.

Sd- M. A. BEG