00031970 - Resolution passed by Jammu and Kashmir Plebiscite Front in March 1970
Resolution passed by Jammu and Kashmir Plebiscite Front in March 1970
Adopted by the Central Working Committee of the Jammu & Kashmir Plebiscite Front (for Azad Kashmir & Pakistan) held at Rawalpindi on 22nd and 23rd March 1979.
"We are all seized of the harrowing fact that the Kashmir issue, to our utter dismay, is hanging fire for over two decades and consequently our fate is hanging in the balance.
"That the nerve-racking suspense and ominous uncertainty about tomorrow, as a consequence of the present stalemate is wholly responsible for continued political unrest, economic debacle and social disorder in the State.
"That the victimization of the patriots resulting from our political struggle and the communal frenzy fanned by vested political interests has since taken a very heavy toll of life-a few hundred thousand lives-not to speak of the exodus of the hundreds of terror-stricken people from one side of the cease fire line to the other or from their homeland to India and Pakistan; and
"That these pathetic and agonizing conditions have completely shattered the economy of our land bringing in its wale calamities of starvation, distress and disease. "Worst of all the two great Asian powers-India & Pakistan, whose borders are contiguous to the State, are pitched against each other, both politically and militarily, thus wasting their enormous material resources and energies on the army build-up and the maintenance of large armies owing to this unresolved dispute.
"Worse still, the Indian and Pak armies which have gone through the havoc of two devastating wars, in spite of them multifarious internal problems are still confronted, against each other posing an imminent danger to peace in the sub-continent, serious repercussions, which on a global scale are inevitable.
"It is therefore, high time that lovers of world peace should feel concerned over this explosive and dangerous situation in the sub-continent; believers in human dignity should feel deeply perturbed over the untold sufferings of the subjugated, victimised and oppressed people of the State and the advocates and protagonists of the freedom of subjugated small nations of the world should come forward to uphold and openly support our right of self-determination.
"Under the prevailing circumstances, we are full of admiration for the laudatory efforts of Steering Committee of the STATE PEOPLE'S CONVENTION to evolve a formula for a peaceful, democratic, just and realistic solution, for the State's political future, keeping in view the interests of all regions, ethnical, cultural, linguistic and other problems and also the tact that such a solution should foster communal and religious harmony, not only within the State of Jammu and Kashmir but also in the whole sub-continent and should be in conformity with the past traditions and abiding values of our freedom struggle.
Fundamentals
"Let us first of all analyse our problem and try to agree on the fundamentals. Under the Indian Independence Act of 1947, British India was divided into two independent Sovereign States, namely India and Pakistan. By the same Act the princely States which did not constitutionally form part of British India and were not ruled by the Government of India but enjoyed full autonomy within the British Empire directly, were freed from British Paramountcy and restored their full rights of Sovereignty. Each State in its inherent sovereign right. was, however, given the option to accede to one or the other of the two dominions in keeping with its own interests and according to its own choice. The Act neither compelled any State to choose "accession" in preference to "independence", nor did it provide for the division of any State.
"In our particular case foreign forces marched into the Jammu and Kashmir State, unfortunately, before the people could decide and declare their future freely. A dispute ensued between India and Pakistan over the issue with the result that United Nations Security Council had to intervene. Both India and Pakistan affirmed before the Security Council that the people of the State alone had the right to decide their future. The result of the debates and deliberations held at the World Forum was the Security Council Resolution by which it was unanimously agreed that all the foreign forces and other foreign elements shall be withdrawn from the State, and the people of the State shall be given an opportunity to exercise their right of self-determination" to decide the future of the State through. a free and unfettered plebiscite, to be held under the auspices of the U.N.O. Besides recognising our right of self-determination, the U.N.O. has also committed itself to the restoration of the integrity of the Jammu and Kashmir State as it stood immediately before the outbreak of the 1947-48 War.
"Apart from these international agreements, solemn pledges and U.N.O's assurances, it is an undeniable and universally known fact that the two great leaders of the sub-continent namely, Quaid-e-Azam Mohammed Ali Jinnah and Pandit Jawaharlal Nehru not only passionately endorsed are recognised, but also vehemently advocated these rights of the people of Jammu and Kashmir State during their life time before as well as after the partition. Pandit Jawaharlal Nehru's support to the revolutionary movement of 1946, which was aimed at liquidating the hereditary despotic rule of the Maharaja and restoring sovereignty to the people, is too well known to need any comment. Later, in his capacity as Prime Minister of India, Pandit Nehru, always advocated and supported the right of self-determination and sovereignty of the subjugated people all over the world, though at a later stage he refused to concede this very basic human right to the people of Jammu and Kashmir State owing to his difference with Pakistan. However, more recently, during his talks with Sher-e-Kashmir Sheikh Mohammed Abdullah in 1964, it is felt that late Pandit Nehru was desirous of settling the Kashmir dispute to the satisfaction of the State people. Similarly, when the question of the future of the States came up for discussion before Quaid-e-Azam soot after the partition, he said, "I hate to be a Maharaja with flattery around stopping you from taking decisions on merits. When we say the people are sovereign, let there be no doubt about it. They are sovereign." (Reported by Justice M.B. Ahmed in Quaid-e-Azam's Anniversary Supplement of Pakistan Times dated 11-9-1969).
"The historical facts related above are merely meant to refresh the memory of our compatriots, the rulers and leaders of India and Pakistan and others concerned, otherwise, no arguments were needed to prove the fundamental truth that self-determination is our birthright by virtue of the fact that we belong to the soil of Jammu and Kashmir State and our ancestors have lived here for centuries continuously. That certain World Statesmen and the U.N.O. have also admitted it, is a further confirmation of our basic stand. In fact our freedom movement, right from 1931 to this day which has been carried on an all-State basis long before India and Pakistan came into being, has throughout been aimed at achieving recognition for the exercise of this very right of self determination and sovereignty of the people. The whole State of Jammu and Kashmir has always been not only the field of our political activity but also the subject of our political demands. Our people have suffered untold miseries and made immense sacrifices to achieve these high objectives. Surely, to patriot can ever afford to ignore these sacrifices or lose right of our goal at any cost and under any circumstances.
"The logical conclusion we arrive at in the light of the history of our freedom movement is that there are two fundamentals on which we have always relied and on which we should continue to rely and stand firmly until the last. These are:
1. The right of self-determination which implies the right of sovereignty of the people;
2. The inviolability of the integrity of the state.
"We cannot, therefore, accept a position which militates against our stand for unqualified and unrestricted right of self determination, or which jeopardises the integrity of our country.
"Judged by these standards, the proposals tabulated in the Steering Committee Report (Document B) are commented upon briefly as follows:
1. "Accession to India" or "The present relationship with India to continue forever."
"To acquiesce in the super-imposed accession of the State to India or to continue the present relationship of the State with India for ever is tantamount to an abject surrender of our universally accepted right of self-determination and to the division of the State, which no patriot will tolerate in any case, notwithstanding guarantees and assurances for a special status as stipulated under Article 370 of the Indian Constitution or restoration of full autonomy as in 1947 and so on.
"Similarly, the continuance of the present position of Azad Kashmir and Gilgit-Baltistan Frontier Areas as Pakistan controlled territory even though it may be made internally autonomous, will be obviously inconsistent with the aforesaid principles.
2. "Interim arrangements with final solution after specified period" and "some other methods for solving the problem", such as:
(a) U.N. control for a specified period;
(b) Joint responsibility for India and Pakistan in respect of such subjects as Defence, Elections, Judiciary, Public Service, Economic Development, Audit, and Currency;
(c) Full autonomy within existing constitutional framework;
(d) Status-quo to be maintained for 5 years;
(e) Regional autonomy before attempting to decide the question of overall status;
(f) Independence of the whole State with joint control (of India and Pakistan) of foreign affairs and defence;
(g) Dickson Plan with independence for the plebiscite area;
(h) Zonal plebiscite.
"All these proposals amount to the imposition of a decision on the people arbitrarily from outside in utter disregard of their right of sovereignty. Some of these proposals also imply division of the State which again violates the integrity of the state.
"Control of U.N.O. or any foreign power or powers or the joint control of India and Pakistan is apt to create more. complications and problems than it may solve. Moreover, it is fraught with the danger of weakening our will and integrity.
"Again, Joint Defence or joint Control of India and Pakistan is, firstly, impossible until these powers sincerely resolve to bury their hatchet, come close to each other and decide to live like good neighbours, which, however, as it seems, they are least likely to do in the near future. In fact, it will be like putting the cart before the horse to expect India and Pakistan to co-operate with each other as friends unless and until they are able to solve the Kashmir dispute. Secondly, such joint control, etc, will be diarchy of the worst type and a double embargo on our sovereignty and self-determination.
Plebiscite on the Question of Accession alone
"The plebiscite restricted to the question of accession alone amounts to depriving the people of their free choice and is against the very spirit of the term "Right of Self-determination" which implies "a nation's right to determine its own polity".
The restricted plebiscite therefore implies that those who do not believe in accession must be deprived of their right of self determination outright, quite unjustly and arbitrarily. Secondly, accession under such circumstances will again mean submission to coercion. Accession to India or Pakistan before we are free, competent and strong enough to settle honourable terms with either is likely to prove disastrous for us, because in that case we are bound to be treated as a subject race.
Our Proposals
"The Jammu and Kashmir Plebiscite Front (for Azad Kashmir and Pakistan) representing the people of Azad Kashmir, Gilgit and Baltistan, Jammu and Kashmir Nationals living in Pakistan, the old guards of the freedom movement on this side of the cease-fire line and the youth engaged in the freedom struggle including those of its members from whom proposals have been invited by the Steering Committee of the State People's Convention, Srinagar, having carefully gone over all pros and cons and having deliberated over the matter in the Front's Working Committee proposes as follows:
"1. "All armed forces and armed Police belonging to India and Pakistan or under the control and command of their civil and military authorities must withdraw from the State.
"2. The State Army duly reorganised and adequately equipped should replace the external armies. Similarly, external Police force stationed in the State must be replaced, by the Jammu and Kashmir State Police which should also be reorganised according to the new requirements.
"3. The "Srinagar-Muzaffarabad, Jammu-Bhimber" and "Bandipur-Gilgit" roads must be thrown open to normal traffic and the unwarranted, unjustified and oppressive restriction on the movement of State nationals from one side of the cease-fire line to the other, within. their homeland, should go. Further, the Jhelum Valley road connecting Srinagar with Rawalpindi and the Banihal Cart road connecting Srinagar and Jammu with Sialkot should also be reopened to normal traffic.
"4. The two parts of the State which have been created by an artificial and arbitrary cease-fire line should be reunited.
"5. The people who have migrated from one part of the State to the other during the last 22 years may be repatriated or allowed to stay where they are already settled, just as they may like. As regards the State nationals who have taken refuge in India and Pakistan, they shall have to be repatriated to their homeland before plebiscite is held.
"6. Free elections should be held to the State legislature and a representative national government formed after the integrity of the State is restored, all external forces are with-drawn and outside interference and pressure is vacated.
"The State Legislature may also function as the Constituent Assembly and frame a new Constitution of the State.
"7. Elections to an all-State legislature and the election of a Representative National Government for the whole State should be held under the supervision of a neutral administration. Similarly, other steps considered as prerequisite to the plebiscite may also be taken through the agency or under the supervision of the neutral administration.
"8. (a) Plebiscite should be held on the question of:
(1) Accession to India
(2) Accession to Pakistan
(3) Independence of the State
after a reasonable period, say 5 years during which the elected National Government may be able to repatriate and rehabilitate the refugees and displaced persons, restore normalcy, reorganise the armed forces and take other necessary measures to set the stage;
(b) The plebiscite should be held for the entire State;
(c) It should be held under the supervision of a neutral administrator who may be assisted by some of the MLAs representing the major political parties of the State and the State Government Officials (including Police) whom the neutral administrator may select. in consultation with the State Government;
(d) The neutral administrator should be selected by the U.N.O, in consultation with India, Pakistan and the State peoples' representatives.
"9. In case it is not found possible to reorganise the State. army to maintain security, law and order within a reasonably short period (say 6 months) the elected. State Government may either directly or through any. member country of the U.N.O. apply for the deployment of U.N. forces selected from small neutral countries to do the job for some time.
"10. As regards financing the plebiscite arrangements, it should be the responsibility of the State Government. But in case it is unable to take the liability it should request the U.N.O. to come to its aid.
"11. Before plebiscite actually takes place the terms of accession shall have to be settled by the elected representatives of the Constituent Assembly/Legislature of the Jammu and Kashmir State on the one hand and India and Pakistan on the other.
"12. In case the verdict of the people through plebiscite goes in favour of independence: (a) Independent Kashmir shall comprise of all parts and areas as it existed before October 1947;
(b) A Federal Independent Republican Government shall be formed with FIVE autonomous Units namely:
I. Jammu Erst, comprising of:
(i) Jammu
(ii) Kathua District including Ramnagar Jagir,
(iii) Udhampur District including Chaneni Jagir, and
(iv) Lower Reasi.
II. Jammu West, comprising of:
(i) Upper Reasi viz. Gulabgarh sub-division,
(ii) Rajouri,
(iii) Mirpur District including Nowshera sub-division,
(iv) Poonch District including Poonch City, Rawlakot and
III. Kashmir, comprising of:
(i) Islamabad,
(ii) Baramulla, and
(iii) Muzaffarabad.
IV. Baltistan, comprising of:
(i) Kargil,
(ii) Skardu,
(iii) Gilgit
(iv) Astore, and
(v) Hunza, Nagar, Ashkoman, Darel, Tangir Yasin, etc.
V. Ladakh
Note: (1) If JAMMU EAST, at some later stage feels disposed towards merging with JAMMU WEST, it could take such decision, keeping with the wishes and free-will its population, without any pressure from outside.
(2) Minor adjustments the composition of UNITS could also be made keeping view the ethical, linguistic, cultural, economic and other interests of the component parts of each Unit.
(c) None of the Units shall have the right of secession from the country.
(d) The Units shall be given maximum powers to exercise their autonomy in all important fields to safeguard their ethical cultural, linguistic and other genuine interests in full conformity with the overall integrity of the State.
How to Achieve our Objectives
"The present position is that the State is divided into two parts both of which are under the occupation of external forces and overall control of external governments, hostile to each other. There is of course a difference between the attitudes of these controlling governments which is that while India claims the State to be its integral part, Pakistan's stand is that the State is a disputed territory whose future is yet to be decided to the satisfaction of its inhabitants. At any rate, both the Governments have started to treat the case as a territorial dispute between themselves and assumed the role of masters (not custodians) of the areas under their respective control. This attitude on their part is also responsible for creating the wrong impression in the world outside that the case of Kashmir is primarily a "territorial dispute" between India and Pakistan and not a "question of the freedom of over five million human beings''. In such circumstances it will not be possible to implement the above proposals. We shall, therefore, have to strive very hard to make India and Pakistan relax their attitude and agree to our proposals which are aimed at a peaceful, just and honourable settlement of the issue. "In order to bring round India and Pakistan, we suggest as follows:
(a) Jammu and Kashmir State Peoples Convention as also such political parties and patriots who are not participating in the Convention should press the above demands on the Governments of India and Pakistan with all the force at their command,
(b) They should project our case before the outside world as well as the U.N.O., both 'directly' through personal contacts and indirectly through Press, Literature and other helpful Institutions and personalities.
(c) Accredited representatives of the people should go about canvassing the rulers, leaders and the people of India and Pakistan. It will be in the fitness of things if a number of such representatives were selected at the next session of the Srinagar Convention.
An Ideal Alternative
"Under the prevailing circumstances when the continued tension and stained relations between India and Pakistan (which is mainly due to their quarrel over Kashmir) besides crippling their own economies, has virtually put the State people in a quandary and they are made to groan under agonising uncertainty and misery which are the direct result of the stalemate in the case, the selfish powers are inhumanly turning a human problem into an Indo-Pak territorial dispute to aggravate thereby the worry and anxiety of a subjugated people and some short-sighted and unpatriotic elements are raising communal slogans thereby the flame of communal frenzy, creating mistrust and inviting schism and division in the body politic while the patriots are being ground between two millstones.
"The only ideal alternative. the line of least resistance is to declare Jammu and Kashmir as an independent State with a natural character,
"The emergence of a "unified, neutralised, free Kashmir" would serve as a bridge between India and Pakistan and a friendly link between all Asiatic neighbours.
"Independent Jammu and Kashmir State shall guarantee maximum autonomy to its federating units with complete safeguards to ethical, cultural and linguistic interests on Swiss Pattern at District level with minor adjustments wherever necessary. The pattern of Government of the independent State of Jammu and Kashmir shall be such as each Unit however shall in area or population, may have an opportunity to come up to the top authority.
Our Resolve
"As already explained at some length we the people of Jammu and Kashmir State have been engaged in a continuous struggle for freedom for nearly four decades. We have been aspiring for freedom to exercise the right of self-determination and sovereignty and to promote the prosperity, welfare and happiness of all our countrymen. We believe that these aspirations of our people will be satisfied only in case we are free to decide our political future without let or hindrance, fear or favour, distinctions of castes, creed, colour or clan and above all without and outside pressure. In fine let all of us be quite clear about one thing, that any kind of settlement of the Kashmir dispute which does not fulfil our national aspirations will not be acceptable to us in any case. If, unfortunately, India and Pakistan are not prevailed upon to allow us this opportunity, we must have the will either to live honourably or die honourably, but never be content with a slavish life. We shall have to utilise all our resources and employ all possible means to achieve our cherished sacred goal. In order to forge a United National Front for the most uphill task which lies ahead of us we must first create mutual understanding and inspire confidence among the various sections of our people and shades of opinion among them. The Steering Committee of the State Peoples' Convention has already taken steps in this direction by coming out with broad outlines of the future constitution of the State. A careful study of the proposed constitutional set-up reveals that authors of the "document C" and the delegates to the last year's Convention who passed the political resolution were guided by the desire to entrust a good measure of authority and autonomy in the future democratic Government of the State to every Section of the people in order to inspire confidence in them thus paving way for their unstinted support to the freedom movement. We are not only in agreement with them but also wish still further decentralisation of the Central Authority and delegation of still greater autonomy to every Unit, no matter-how small it may be in respect of size, population and resources, provided it has the necessary qualifications of forming a unit of the State".