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Kashmiris’ right to self-determination demanding Survey.

 Kashmir Welfare And Research Trust (KWRT.) on Kashmir dispute has demanded right to self-determination for the people of Kashmir, we are declaring that this is the only solution of the Kashmir dispute. According to Un resolutions, KWRT approved and endorsed the demand of the people of Kashmir and assured its full support to them.

Condemning in strongest terms rampant human rights violation in occupied Kashmir by Indian troops, the Group urged that the conflict over Kashmir should be resolved in accordance with the relevant UN resolutions. KWRT welcomed all agreements, dialogs, peace process and cease-fires understanding reached between the Pak-India Governments, which said that both countries should explore the solution of their problems through talks.

Kashmiris inalienable right to self-determination.  KWRT urges India to give the Kashmiris their inalienable right to self-determination, promised to them by Indian rulers. India is in a bid to keep apart the Kashmiris from theirs’ liberation struggle through its cruel policies. The government of India was keeping its public and the international community unaware of the ground situation and the gross human rights violations being perpetrated by Indian troops in the occupied territory.  The Kashmiris should be given the right they were promised.

KWRT deplored that India was trying to malign Kashmiris’ peaceful struggle for right to self-determination by disobeying UN resolutions. Referring to the UN resolutions on Kashmir. We are declaring through KWRT survey that UN resolutions are the final decision on Kashmir dispute.

 

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Human Rights Violations and Right of Self-Determination of Kashmiri People in the Light of Historical Facts - Nayyar Niaz Khan


Nayyar N Khan 
PART I

HISTORICAL BACKGROUND:

In 1947,when British government decided to leave sub-continent and divide India into two parts according to two nations theory i.e. India and Pakistan. This decision is called the plan of 3rd June 1947. This plan of division was applicable upon the areas that were directly under the British regime at 3rd of June 1947 and at that time the State of Jammu Kashmir (84471 sq. miles) was not the part of British India. The State of Jammu Kashmir was sold by East India Company to Maharaja Gulab Singh for the sum of 7,500,000(seventy-five lakhs) in1846 in an agreement called Treaty of Amritsar.

Article 1: The British government transfers and makes over, forever, independent possession, to Maharaja Gulab Singh, and the heirs male of his body, all the hilly or mountainous country, with its dependencies, situated to the eastward of the river Indus, and westward of the river Ravi, including Chamba and excluding Lahore, being part of the territory ceded to the British government by the Lahore state, according to the provisions of Article 4 of the Treaty of Lahore, dated 9th March 1846.

Article 2: The eastern boundary of the tract transferred by the foregoing article to Maharaja Gulab Singh shall be laid down by commissioners appointed by the British government and Maharaja Gulab Singh respectively, for that purpose, and shall be defined in a separate engagement, after survey.

Article 3: In consideration of the transfer made to him and his heirs by the provisions of the foregoing articles, Maharaja Gulab Singh will pay to the British government the sum of seventy-lacs (seven and half millions) of rupees (Nanakshahi), fifty lacs to be paid on ratification of this Treaty, and twenty-five lacs on or before the 1st of October of the current year, AD 1846.

Article 4: The limits of the territories of Maharaja Gulab Singh shall not be, at any time, changed without concurrence of the British government.

Article 5: Maharaja Gulab Singh will refer to the arbitration of the British government any disputes or questions that may arise between himself and the government of Lahore, or any other neighbouring state, and will abide by the decision of the British government.

Article 6: Maharaja Gulab Singh engages for himself and heirs, to join with the whole of his military force, the British troops when employed within the hills, or in the territories adjoining his possessions.

Article 7: Maharaja Gulab Singh engages never to take, or retain in his service any British subject, nor the subject of any European or American State, without the consent of the British government.

Article 8: Maharaja Gulab Singh engages to respect, in regard to the territory transferred to him, the provisions of Articles 5, 6, 7 of the separate engagement between the British government and the Lahore Darbar, dated 11th March, 1846.

Article 9: The British government will give its aid to Maharaja Gulab Singh in protecting his territories from external enemies.

Article 10: Maharaja Gulab Singh acknowledges the supremacy of the British government, and will, in token of such supremacy, present annually to the British government one horse, twelve perfect shawl goats of approved breed (six male and six female), and three pairs of Kashmir shawls.*
This treaty consisting of ten articles, has been this day settled by Frederick Currie, Esq. and Brevet-Major Henry Montgomery Lawrence acting under the directions of the right Honorable Sir Henry Hardinge, G.C.B. Governor-General, on the part of the British government, and by Maharaja Gulab Singh in person; and the said treaty has been this day ratified by the seal of the Right Honorable Henry Hardinge, G.C.B. Governor-General.

Done at Amritsar, this 16th day of March, in the year of our
Lord 1846, corresponding with the 17th day of Rabi-ul-Awwal,

1252 Hijri.
Gulab Singh (LS)
H. Hardinge (LS)
F. Currie
H.M. Lawrence
* Note: In 1893 it was agreed to drop the gift of "twelve perfect shawl goats."

Therefore, since 1846 Kashmir was under the direct control of Gulab Singh and his family as their property. Kashmiris had been struggling for the basic human rights and for the democratic rights since 1846. In the 3rd decade of 20th century, Kashmiri people started a democratic movement against Maharaja Hari Singh (the last ruler of Singh’s family) and demanded a democratically elected government by the involvement of all the ethnic groups of Kashmir on purely secular grounds. The rulers did not accept this demand and the movement were crushed by the State power in 1931. However, Kashmiri people remained struggling on different fronts and history tells us that there was not a single major incident of any contradiction between Muslims and non-Muslims in Kashmir. Rather the example of secular behaviour of Kashmiri people was quoted by other nations.

In 1947,Kashmiri people started armed struggle against the State army (dogra army) and liberated about 32,000 sq. miles area. In order to centralize the freedom movement Kashmiris announced a government at 4th of October 1947, as Peoples Republic Of Kashmir (civil and military gazette of India Oct.8, 1947). The declaration of this government was to be the representative of all the Kashmiri people as an Independent and Secular State. On the other hand Maharaja Hari Singh also decided to remain Independent from both India and Pakistan.

In this situation Pakistan contacted some political leaders of Kashmir and entered her armed tribesmen from North West Frontier Province (NWFP) and also Pakistan army at 22nd and 23rd of October 1947 and another government named Azad Government of The State of Jammu and Kashmir was announced which was likely to be not equal to a municipal committee. When tribesmen and Pak army infiltrated in Kashmir, looking this situation Maharaja Hari Singh wrote a letter to Lord Mountbatten, Governor General of India (Oct.26 1947) demanding assistance against Pakistan Army. So in order to assist Maharaja Hari Singh Indian Army entered in Kashmir at 27th of Oct. 1947 after an agreement of the accession of Kashmir with India.

Dated: 26 October 1947

My dear Lord Mountbatten,

I have to inform your Excellency that a grave emergency has arisen in my State and request immediate assistance of your Government.

As your Excellency is aware the State of Jammu and Kashmir has not acceded to the Dominion of India or to Pakistan. Geographically my State is contiguous to both the Dominions. It has vital economical and cultural links with both of them. Besides my State has a common boundary with the Soviet Republic and China. In their external relations the Dominions of India and Pakistan cannot ignore this fact.

I wanted to take time to decide to which Dominion I should accede, or whether it is not in the best interests of both the Dominions and my State to stand independent, of course with friendly and cordial relations with both.

I accordingly approached the Dominions of India and Pakistan to enter into Standstill Agreement with my State. The Pakistan Government accepted this Agreement. The Dominion of India desired further discussions with representatives of my Government. I could not arrange this in view of the developments indicated below. In fact the Pakistan Government are operating Post and Telegraph system inside the State.

Though we have got a Standstill Agreement with the Pakistan Government that Government permitted steady and increasing strangulation of supplies like food, salt and petrol to my State.

Afraid, soldiers in plain clothes, and desperadoes with modern weapons have been allowed to infilter into the State at first in Poonch and then in Sialkot and finally in mass area adjoining Hazara District on the Ramkot side. The result has been that the limited number of troops at the disposal of the State had to be dispersed and thus had to face the enemy at the several points simultaneously, that it has become difficult to stop the wanton destruction of life and property and looting. The Mahora powerhouse which supplies the electric current to the whole of Srinagar has been burnt. The number of women who have been kidnapped and raped makes my heart bleed. The wild forces thus let loose on the State are marching on with the aim of capturing Srinagar, the summer Capital of my Government, as first step to over-running the whole State.

The mass infiltration of tribesmen drawn from distant areas of the North-West Frontier coming regularly in motor trucks using Mansehra-Muzaffarabad Road and fully armed with up-to-date weapons cannot possibly be done without the knowledge of the Provisional Government of the North-West Frontier Province and the Government of Pakistan. In spite of repeated requests made by my Government no attempt has been made to check these raiders or stop them from coming into my State. The Pakistan Radio even put out a story that a Provisional Government had been set up in Kashmir. The people of my State both the Muslims and non-Muslims generally have taken no part at all.

With the conditions obtaining at present in my State and the great emergency of the situation as it exists, I have no option but to ask for help from the Indian Dominion. Naturally they cannot send the help asked for by me without my State acceding to the Dominion of India. I have accordingly decided to do so and I attach the Instrument of Accession for acceptance by your Government. The other alternative is to leave my State and my people to free-boaters. On this basis no civilised Government can exist or be maintained. This alternative I will never allow to happen as long as I am Ruler of the State and I have life to defend my country.

I am also to inform your Excellency's Government that it is my intention at once to set up an interim Government and ask Sheikh Abdullah to carry the responsibilities in this emergency with my Prime Minister.

If my State has to be saved immediate assistance must be available at Srinagar. Mr. Menon is fully aware of the situation and he will explain to you, if further explanation is needed.
In haste and with kind regards,
T
he Palace, Jammu
26th October 1947

Yours Sincerely,
Hari Singh


So the struggle for the independence and democratic rights of Kashmiri people became a frontier dispute between India and Pakistan. Both India and Pakistan started claiming Kashmir as their integral part and in this baseless claim thousands of innocent human beings were killed in 1947.At last in 1948, Jawahar Lal Nehru (Prime Minister of India) went into the United Nations and requested UN to play its role in Jammu Kashmir.The letter from Indian government to United Nations is as follows.

Letter Dated 1 January 1948, from the Representative of India to the President of the Security Council (S/628).

The Government of India have instructed me to transmit to you the following telegraphic communication:
"
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 circumstances of accession, the activities of the invaders, which led the Government of India to take military action against them, and the assistance which the attackers have received and are still receiving from Pakistan are explained later in this memorandum. The Government of India requests 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.

"2. From the middle of September 1947, the Government of India had received reports of the infiltration of armed raiders into the western parts of Jammu Province of the Jammu and Kashmir State; Jammu adjoins West Punjab which is a part of the Dominion of Pakistan. These raiders had done a great deal of damage in that area and taken possession of part of the territory of the State. On 24 October, the Government of India heard of a major raid from the Frontier Province of the Dominion of Pakistan into the Valley of Kashmir. Some two thousand or more fully armed and equipped men came in motor transport, crossed over to the territory of the State of Jammu and Kashmir, sacked the town of Muzaffarabad, killing many people, and proceeded along the Jhelum Valley road towards Srinagar, the summer capital of the Jammu and Kashmir State. Intermediate towns and villages were sacked and burnt, and many people killed. These raiders were stopped by Kashmir State troops near Uri, a town some fifty miles from Srinagar, for some time, but the invaders got around them and burnt the power house at Mahora, which supplied electricity to the whole of Kashmir.

"3. The position, on the morning of 26 October, was that these raiders had been held by Kashmir State troops and part of the civil population, who had been armed, at a town called Baramulla. Beyond Baramulla there was no major obstruction up to Srinagar. There was immediate danger of these raiders reaching Srinagar, destroying and massacring large numbers of people, both Hindu and Muslims. The State troops were spread out all over the State and most of them were deployed along the western border of Jammu Province. They had been split up into small isolated groups and were incapable of offering effective resistance to the raiders. Most of the State officials had left the threatened area and the civil administration had ceased to function. All that stood between Srinagar and the fate which had overtaken the places en route followed by the raiders was the determination of the inhabitants of Srinagar, of all communities, and practically without arms, to defend themselves. At this time Srinagar had also a large population of Hindu and Sikh refugees who had fled there from West Punjab owing to communal disturbances in that area. There was little doubt that these refugees would be massacred if the raiders reached Srinagar.

"4. Immediately after the raids into the Jammu and Kashmir State commenced, approaches were informally made to the Government of India for the acceptance of the accession of the State to the Indian Dominion. (It might be explained in parenthesis that Jammu and Kashmir form a State whose ruler, prior to the transfer of power by the United Kingdom to the Dominions of India and Pakistan, had been in treaty relations with the British Crown, which controlled its foreign relations and was responsible for its defence. The treaty relations ceased with the transfer of power on 15 August last, and Jammu and Kashmir like other States acquired the right to accede to either Dominion.)

"5. Events moved with great rapidity, and the threat to the Valley of Kashmir became grave. On 26 October, the ruler of the State, His Highness Maharaja Sir Hari Singh, appealed urgently to the Government of India for military help. He also requested that the Jammu and Kashmir State should be allowed to accede to the Indian Dominion. An appeal for help was also simultaneously received by the Government of India from the largest popular organisation in Kashmir, the National Conference, headed by Sheikh Mohammed Abdullah. The Conference further strongly supported the request for the State's accession to the Indian Dominion. The Government of India were thus approached not only officially by the State authorities, but also on behalf of the people of Kashmir, both for military aid and for the accession of the State to India.

" 6. The grave threat to the life and property of innocent people in the Kashmir Valley and to the security of the State of Jammu and Kashmir that had developed as a result of the invasion of the Valley demanded immediate decision by the Government of India on both the requests. It was imperative on account of the emergency that the responsibility for the defence of the Jammu and Kashmir State should be taken over by a government capable of discharging it. But, in order to avoid any possible suggestion that India had utilised the State's immediate peril for her own political advantage, the Government of India made it clear that once the soil of the State had been cleared of the invader and normal conditions restored, its people would be free to decide their future by the recognised democratic method of a plebiscite or referendum which, in order to ensure complete impartiality, might be held under international auspices.

"7. The Government of India felt it their duty to respond to the appeal for armed assistance because:
(1) They could not allow a neighbouring and friendly State to be compelled by force to determine either its internal affairs or its external relations;
(2) The accession of the Jammu and Kashmir State to the Dominion of India made India really responsible for the defence of the State.

"8. The intervention of the Government of India resulted in saving Srinagar. The raiders were driven back from Baramulla to Uri and are held there by Indian troops. Nearly 19,000 raiders face the Dominion forces in this area. Since operation in the Valley of Kashmir started, pressure by the raiders against the western and southwestern border of the Jammu and Kashmir State has been intensified. Exact figures are not available. It is understood, however, that nearly 15,000 raiders are operating against this part of the State. State troops are besieged in certain areas. Incursions by the raiders into the State territory, involving murder, arson, loot, and the abduction of women, continue. The booty is collected and carried over to the tribal areas to serve as an inducement to the further recruitment of tribesmen to the ranks of the raiders. In addition to those actively participating in the raid, tribesmen and others, estimated at 100,000, have been collected in different places in the districts of West Punjab bordering the Jammu and Kashmir State, and many of them are receiving military training under Pakistani nationals, including officers of the Pakistan Army. They are looked after in Pakistan territory, fed, clothed, armed and otherwise equipped, and transported to the territory of the Jammu and Kashmir State with the help, direct and indirect, of Pakistani officials, both military and civil.

"9. As already stated, the raiders who entered the Kashmir Valley in October came mainly from the tribal areas to the north-west of Pakistan and, in order to reach Kashmir, passed through Pakistan territory. The raids along the southwest border of the State, which had preceded the invasion of the valley proper, had actually been conducted from Pakistan territory, and Pakistan nationals had taken part in them. This process of transmission across Pakistan territory and utilisation of that territory as a base of operations against the Jammu and Kashmir State continues. Recently, military operations against the western and southwestern borders of the State have been intensified, and the attackers consist of nationals of Pakistan as well as tribesmen. These invaders are armed with modern weapons, including mortars and mediums machine-guns, wear the battle dress of regular soldiers and, in recent engagements, have fought in regular battle formation and are using the tactics of modern warfare. Man-pack wireless sets are in regular use and even mark V mines have been employed. For their transport the invaders have all along used motor vehicles. They are undoubtedly being trained and to some extent led by regular officers of the Pakistan Army. Their rations and other supplies are obtained from Pakistan territory.

"10. These facts point indisputably to the conclusion
"(a) That the invaders are allowed transit across Pakistan territory;
"(b) That they are allowed to use Pakistan territory as a base of operations;
"(c) That they include Pakistan nationals;
"(d) That they draw much of their military equipment, transportation, and supplies (including petrol) from Pakistan; and
"(e) That Pakistan officers are training, guiding, and otherwise actively helping them.
"There is no source other than Pakistan from which they could obtain such quantities of modern military equipment, training or guidance. More than once, the Government of India had asked the Pakistan Government to deny to the invaders facilities which constitute an act of aggression and hostility against India, but without any response. The last occasion on which this request was made was on 22 December, when the Prime Minister of India handed over personally to the Prime Minister of Pakistan a letter in which the various forms of aid given by Pakistan to the invaders were briefly recounted and the Government of Pakistan were asked to put an end to such aid promptly; no reply to this letter has yet been received in spite of a telegraphic reminder sent on 26 December.

"11. It should be clear from the foregoing recital that the Government of Pakistan are unwilling to stop the assistance in material and men which the invaders are receiving from Pakistan territory and from Pakistan nationals, including Pakistan Government personnel, both military and civil. This attitude is not only un-neutral, but constitutes active aggression against India, of which the State of Jammu and Kashmir forms a part.

"12. The Government of India have exerted persuasion and exercised patience to bring about a change in the attitude of Pakistan. But they have failed, and are in consequence confronted with a situation in which their defence of the Jammu and Kashmir State is hampered and their measures to drive the invaders from the territory of the State are greatly impeded by the support which the raiders derive from Pakistan. The invaders are still on the soil of Jammu and Kashmir and the inhabitants of the State are exposed to all the atrocities of which a barbarous foe is capable. The presence, in large number of invaders in those portions of Pakistan territory which adjoin parts of Indian territory other than the Jammu and Kashmir State is a menace to the rest of India. Indefinite continuance of the present operations prolongs the agony of the people of Jammu and Kashmir, is a drain on India's resources and a constant threat to the maintenance of peace between India and Pakistan The Government of India have no option, therefore, but to take more effective military action in order to rid the Jammu and Kashmir State of the invader.

"13. In order that the objective of expelling the invader from Indian territory and preventing him from launching fresh attacks should be quickly achieved, Indian troops would have to enter Pakistan territory; only thus could the invader be denied the use of bases and cut off from his sources of supplies and reinforcements in Pakistan. Since the aid, which the invaders are receiving from Pakistan, is an act of aggression against India, the Government of India is entitled, under international law, to send their armed forces across Pakistan territory for dealing effectively with the invaders. However, as such action might involve armed conflict with Pakistan, the Government of India, ever anxious to proceed according to the principles and aims of the Charter of the United Nations, desire to report the situation to the Security Council under Article-35 of the Charter. They feel justified in requesting the Security Council to ask the Government of Pakistan:
(1) To prevent Pakistan Government personnel, military and civil,
From participating or assisting in the invasion of the Jammu and Kashmir State;
(2) To call upon other Pakistani nationals to desist from taking any part in the fighting
in the Jammu and Kashmir State;
(3) To deny to the invaders: (a) access to any use of its territory for operations against Kashmir, (b) military and other supplies, (c) all other kinds of aid that might tend to prolong the present struggle.

"14. The Government of India would stress the special urgency of the Security Council taking immediate action on their request. They desire to add that military operations in the invaded areas have, in the past few days, been developing so rapidly that they must, in self-defence, reserve to themselves the freedom to take, at any time when it may become necessary, such military action as they may consider the situation requires.

"15. The Government of India deeply regret that a serious crisis should have been reached in their relations with Pakistan. Not only is Pakistan a neighbour but, in spite of the recent separation, India and Pakistan have many ties and many common interests. India desires nothing more earnestly than to live with her neighbour-State on terms of close and lasting friendship. Peace is to the interest of both States; indeed to the interests of the world. The Government of India's approach to the Security Council is inspired by the sincere hope that, through the prompt action of the Council, peace may be preserved.

"16. The text of this reference to the Security Council is being telegraphed to the Government of Pakistan."

After receiving the letter from Indian government UN passed the following resolution

Text of the United Nation Security Council Resolution 38
January 17, 1948


THE SECURITY COUNCIL, Having heard statements on the situation in Kashmir from representatives of the Governments of India and Pakistan, Recognising the urgency of the situation, Taking note of the telegram addressed on 6 January by its President to each of the parties and of their replies thereto; and in which they affirmed their intention to conform to the Charter of the United Nations. 1. Calls upon both the Government of India and the Government of Pakistan to take immediately all measures within their power (including public appeals to their people) calculated to improve the situation, and to refrain from making any statements and from doing or causing to be done or permitting any acts which might aggravate the situation; 2. Further requests each of those Governments to inform the Council immediately of any material change in the situation which occurs or appears to either of them to be about to occur while the matter is under consideration by the Council, and consult with the Council thereon.
----------------------------------------------------------------------------
The Security Council voted on this Resolution on 17-1-48 with the following result:-
In Favour: **Argentina, **Belgium, **Canada, China, **Columbia, France,**Syria, U.K., and U.S.A.
Against: None.
Abstaining: Ukranian S.S.R. and U.S.S.R.
**Non-Permanent Members of the Security Council.
*RESOLUTION 38 (1948) SUBMITTED BY THE REPRESENTATIVE OF BELGIUM AND ADOPTED BY THE SECURITY COUNCIL AT ITS 229TH MEETING HELD ON 17 JANUARY 1948. (DOCUMENT NO. S/651 DATED THE 17TH JANUARY 1948).


. UN passed a resolution on 13th of August 1948 and accepted the right of self-determination of Kashmiri people through a free and fair plebiscite according to the wishes of the Kashmiri people.

Resolution of UNCIP (United Nations Commission For India & Pakistan) of 13th August 1948 is as follows.

The United Nations Commission for India and Pakistan having given careful consideration to the points of view expressed by the representatives of India and Pakistan regarding the situation in the State of Jammu and Kashmir; and being of the opinion that the prompt cessation of hostilities and the correction of conditions the continuance of which is likely to endanger international peace and security are essential to implementation of its endeavours to assist the Governments of India and Pakistan in effecting a final settlement of the situation;

Resolves to submit simultaneously to the Governments of India and Pakistan the following proposal:

PART I: CEASE-FIRE ORDER

A. The Governments of India and Pakistan agree that their respective High Commands will issue separately and simultaneously a cease-fire order to apply to all forces under their control and in the State of Jammu and Kashmir as of the earliest practicable date or dates to be mutually agreed upon within four days after these proposals have been accepted by both Governments.
B. The High Commands of the Indian and Pakistani forces agree to refrain from taking any measures that might augment the military potential of the forces under their control in the State of Jammu and Kashmir. (For the purpose of these proposals forces under their control shall be considered to include all forces, organised and unorganised, fighting or participating in hostilities on their respective sides.
C. The Commanders-in-Chief of the forces of India and Pakistan shall promptly confer regarding any necessary local changes in present dispositions which may facilitate the cease-fire.
D. In its discretion and as the Commission may find practicable; the Commission will appoint military observers who, under the authority of the Commission and with the co-operation of both Commands, will supervise the observance of the cease-fire order.
E. The Government of India and the Government of Pakistan agree to appeal to their respective peoples to assist in creating and maintaining an atmosphere favourable to the promotion of further negotiations.

PART II: TRUCE AGREEMENT

Simultaneously with the acceptance of the proposal for the immediate cessation of hostilities as outlined in Part I, both the Governments accept the following principles as a basis for the formulation of a truce agreement, the details of which shall be worked out in discussion between their
representatives and the Commission.

A.

1. As the presence of troops of Pakistan in the territory of the State of Jammu and Kashmir constitutes a material change in the situation since it was represented by the Government of Pakistan before the Security Council, the Government of Pakistan agrees to withdraw its troops from that State.
2. The Government of Pakistan will use its best endeavour to secure the withdrawal from the State of Jammu and Kashmir of tribesmen and Pakistani nationals not normally resident therein who have entered the State for the purpose of fighting.
3. Pending a final solution, the territory evacuated by the Pakistani troops will be administered by the local authorities under the surveillance of the commission.

B.

1.When the commission shall have notified the Government of India that the tribesmen and Pakistani nationals referred to in Part II, A, 2, hereof have withdrawn, thereby terminating the situation which was represented by the Government of India to the Security Council as having occasioned the presence of Indian forces in the State of Jammu and Kashmir, and further, that the Pakistani forces are being withdrawn from the State of Jammu and Kashmir, the Government of India agrees to begin to withdraw the bulk of its forces from that State in stages to be agreed upon with the Commission.
2. Pending the acceptance of the conditions for a final settlement of the situation in the State of Jammu and Kashmir, the Indian Government will maintain within the lines existing at the moment of the cease-fire the minimum strength of its forces which in agreement with the commission are considered necessary to assist local authorities in the observance of law and order. The Commission will have observers stationed where it deems necessary.
3. The Government of India will undertake to ensure that the Government of the State of Jammu and Kashmir will take all measures within its powers to make it publicly known that peace, law and order will be safeguarded and that all human political rights will be granted.
4. Upon signature, the full text of the truce agreement or a communique containing the principles thereof as agreed upon between the two Governments and the Commission, will be made public.

PART III

The Government of India and the Government of Pakistan reaffirm their wish that the future status of the State of Jammu and Kashmir shall be determined in accordance with the will of the people and to that end, upon acceptance of the truce agreement, both Governments agree to enter into consultations with the Commission to determine fair and equitable conditions whereby such free expression will be assured.
--------------------------------------------------------
*The UNCIP unanimously adopted this Resolution on 13-8-1948
Members of the Commission: Argentina, Belgium, Columbia, Czechoslovakia and U.S.A.
*RESOLUTION ADOPTED BY THE UNITED NATIONS COMMISSION FOR INDIA AND PAKISTAN ON 13 AUGUST 1948. (DOCUMENT NO.S/1100, PARA 75, DATED 9 NOVEMBER 1948)


Instead of giving people of Kashmir their basic right of self -determination both India and Pakistan started strengthening their occupation in their respective held parts of Kashmir. Both India and Pakistan sponsored politicians on both sides of line of control (LOC) in order to make Kashmir their part. By mutual understanding India and Pakistan demanded an amendment in the UN resolution of 13th August 1948 and UN passed another resolution at 5th January 1949. According to which the Kashmiri people were given the right only to accede with India or Pakistan and their basic right to remain as an independent nation was denied in the resolution of January 5, 1949.

Text of the resolution of January5, 1949.

Having received from the Governments of India and Pakistan in Communications, dated December 23 and December 25, 1948, respectively their acceptance of the following principles which are supplementary to the Commission's Resolution of August 13, 1948; The question of the accession of the State of Jammu and Kashmir Having received to India or Pakistan will be decided through the democratic method of a free and impartial plebiscite; A plebiscite will be held when it shall be found by the Commission that the cease-fire and truce arrangements set forth in Parts I and II of the Commission's resolution of 13 August 1948, have been carried out and arrangements for the plebiscite have been completed; The secretary-general of the United Nations will, in agreement with the Commission, nominate a Plebiscite Administrator who shall be a personality of high international standing and commanding general confidence. He will be formally appointed to office by the Government of Jammu and Kashmir. The Plebiscite Administrator shall derive from the State of Jammu and Kashmir the powers he considers necessary for organising and conducting the plebiscite and for ensuring the freedom and impartiality of the plebiscite. The Plebiscite Administrator shall have authority to appoint such staff or assistants and observers as he may require. After implementation of Parts I and II of the Commission's resolution of 13 August 1948, and when the Commission is satisfied that peaceful conditions have been restored in the State, the Commission and the Plebiscite Administrator will determine, in consultation with the Government of India, the final disposal of Indian and State armed forces, such disposal to be with due regard to the security of the State and the freedom of the plebiscite. As regards the territory referred to in A 2 of Part II of the resolution of 13 August, final disposal of the armed forces in that territory will be determined by the Commission and the Plebiscite Administrator in consultation with the local authorities. All civil and military authorities within the State and the principal political elements of the State will be required to co-operate with the Plebiscite Administrator in the preparation for and the holding of the plebiscite. All citizens of the State who have left it on account of the disturbances will be invited and be free to return and to exercise all their rights as such citizens. For the purpose of facilitating repatriation there shall be appointed two Commissions, one composed of nominees of India and the other of nominees of Pakistan. The Commissions shall operate under the direction of the Plebiscite Administrator. The Governments of India and Pakistan and all authorities within the State of Jammu and Kashmir will collaborate with the Plebiscite Administrator in putting this provision to effect.
All persons (other than citizens of the State) who on or since 15 August 1947 have entered it for other than lawful purpose shall be required to leave the State. All authorities within the State of Jammu and Kashmir will undertake to ensure in collaboration with the Plebiscite Administrator that: There is no threat, coercion or intimidation, bribery other undue influence on the voters in plebiscite; No restrictions are placed on legitimate political activity throughout the State. All subjects of the State, regardless of creed, caste or party, shall be safe and free in expressing their views and in voting on the question of the ACCESSION OF THE STATE TO INDIA OR PAKISTAN. There shall be freedom of the Press, speech and assembly and freedom of travel in the State, including freedom of lawful entry and exit; All political prisoners are released; Minorities in all parts of the State are accorded adequate protection; and there is no victimisation. The Plebiscite Administrator may refer to the United Nations Commission for India and Pakistan problems on which he may require assistance, and the Commission may in its discretion call upon the Plebiscite Administrator to carry out on its behalf any of the responsibilities with which it has been entrusted; At the conclusion of the plebiscite, the Plebiscite Administrator shall report the result thereof to the Commission and to the Government of Jammu and Kashmir. The Commission shall then certify to the Security Council whether the Plebiscite has or has not been free and impartial; Upon the signature of the truce agreement the details of the foregoing proposals will be elaborated in the consultation envisaged in Part III of the Commission's resolution of 13 August 1948. The Plebiscite Administrator will be fully associated in these consultations; Commends the Governments of India and Pakistan for their prompt action in ordering a cease-fire to take effect from one minute before midnight of first January 1949, pursuant to the agreement arrived at as provided for by the Commission's resolution of 13 August 1948; and Resolves to return in the immediate future to the sub-continent to discharge the responsibilities imposed upon it by the resolution of 13 August 1948, and by the foregoing principles.
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* United Nations Commission on India and Pakistan (UNCIP) unanimously adopted this Resolution on 5-1-1949.
* Members of the Commission: Argentina, Belgium, Columbia, Czechoslovakia and U.S.A.


In order to hold a plebiscite in Kashmir UNCIP visited several times but both Pakistan and India did not co-operate with the commission and no results could be gained.
At 28th of April 1949 Pakistan further divided her held part of Kashmir according to an agreement with the local authorities of Azad Jammu and Kashmir called Karachi Agreement and took away 28000 sq. miles area of Balawaristan (Gilgit Baltistan) under her direct control.

The original text of Karachi Agreement is as follows.

Text of the agreement signed between Pakistan and Azad Kashmir Governments in April 1949. The Agreement was signed by the following:
1. Honourable Mushtaque Ahmed Gurmani, Minister without Portfolio, Government of Pakistan.
2. Sardar Mohammed Ibrahim Khan, the president of Azad Kashmir .
3. Choudhry Ghulam Abbas, Head of All Jammu and Kashmir Muslim Conference.
This was the only Kashmiri political party on this side of the cease fire line at that time, and the
Agreement it was persuaded to sign, very seriously limited the role of Azad Kashmir Government in the Kashmiri freedom struggle. Therefore it is no surprise that respective governments of Azad Kashmir have very little or no interest in the freedom of the State of Jammu and Kashmir.
Text
A. Matters within the purview of the Government of Pakistan.
1. Defence (as modified under....).
2. Foreign policy of Azad Kashmir.
3. Negotiations with the United Nations Commission for India and Pakistan.
4. Publicity in foreign countries and in Pakistan.
5. Co - ordination and arrangement of relief and rehabilitation of refugees.
6. Co - ordination of publicity in connection with plebiscite.
7. All activities within Pakistan regarding Kashmir such as procurement of food, civil supplies running of refugee camps and medical aid.
8. All affairs of Gilgit - Ladakh under the control of Political Agent.
B. Matters within the purview of Azad Kashmir Government.
1. Policy with regard to administration of AK territory.
2. General supervision of administration in AK territory.
3. Publicity with regard to the activities of the Azad Kashmir Government and administration.
4. Advice to the honourable Minister without Portfolio with regard to negotiations with United Nations Commission for India and Pakistan.
5. Development of economic resources of AK territory.
C. Matters within the purview of the Muslim Conference.
1. Publicity with regard to plebiscite in the AK territory.
2. Field work and publicity in the Indian occupied area of the State.
3. Organisation of political activities in the AK territory and the Indian occupied area of the State.
4. Preliminary arrangements in connection with the plebiscite.
5. Organisation for contesting the plebiscite.
6. Political work and publicity among the Kashmiri refugees in Pakistan.
7. Advise the honourable minister without Portfolio with regard to the negotiations with the United Nations Commission for India and Pakistan.

By dividing Kashmir into three parts i.e.Pakistani Occupied Kashmir(POK), Pakistani Occupied Balawaristan (Gilgit Baltistan) and Indian occupied Kashmir, both India and Pakistan started the exploitation of Kashmiri nation by different cruel means.

PART II HUMAN RIGHTS VIOLATIONS


1.PAKISTANI OCCUPIED BALAWARISTAN(Gilgit Baltistan)

Balawaristan has an area of round about 28000 sq. miles. But the government of Pakistan officially calls it Northern Areas. This area has become more a Pakistani colony than anything else. It is administrated directly from Islamabad (capital of Pakistan) and even basic political and civil rights are not conferred to the local populace For over half a century, time has stood still in Balawaristan owing to total neglect by successive regimes in Pakistan. Rumbling of freedom by the suffering and discriminated people are felt all over the karakoram, Himalya and Hindukush (mountains). For almost more than five decades the area has been under virtual Martial Law, with the right of people suppressed and their needs neglected under the archaic Frontier Crime Regulations (FRC) framed by the British during the colonial days and which continues to be in force. In these areas basic facilities such as education, electricity, drinking water and elementary health care are non-existent. As a result a strong Free Balawaristan movement is taking shape in this area.

In 1988, during the rule of General Zia-ul-Haq, Pakistani policy makers and secret agencies planned to divide the people of Balawaristan on ethnic basis. They injected the poison of sectarianism and divided these innocent people into Shia and Sunni Muslims. Hundreds of mosques, imambaras and houses were destroyed in these crises and hundreds of human beings belonging to both groups were killed in these crises. .The people of Balawaristan are being deprived from all their right including Political Rights, Historical, Cultural and economical right, right of free movement, right of speech and writing. More than 100 political leaders and workers of Balawaristan are facing sedition charges, which is the highest number throughout the world.

The entire region of Balawaristan is governed now a days by an authorisation, Northern Areas Council which is elected rather selected by the authorities of Islamabad according to their own wish. This council is ruled directly from Islamabad by the Federal Minister of Kashmir and Northern Areas Affarirs, with the help of some officers all non-natives, deputed from outside. Residents are given no representation in government services, which are the monopoly of Punjabis and Pathans. An indifferent bureaucracy, and political leadership and the oppressive army have all put the Northern Areas on a turbulent course, which may not be possible to change. In this entire area there is no single University, technical college, or any other professional institute for promoting education. All these incidents led the people of Balawaristan to observe "Black Jubilee" at 14th of August 1997, when Pakistan announced to celebrate the golden jubilee on her 50th year of Independence Day. The people who observed black jubilee especially the leaders and workers of Balawaristan National Front (BNF) were arrested and tortured in different cells for many months. This incident catalysed the movement of the people of this area for their basic rights. Still hundreds of the leaders and workers of Balawaristan National Front(BNF) are facing the sedition charges and some of them are in exile.

2. PAKISTANI OCCUPIED KASHMIR (POK)

This territory comprised of round about 4500 sq. miles area. An authority called Azad Government of the State of Jammu and Kashmir governs this area. This government is based upon a legislative assembly and few members of Kashmir Council. Prime Minister of Pakistan or Chief executive is the chairman of this council. All the Kashmiris are not allowed to take part in the formation of government because Pakistan has imposed an act called Azad Kashmir constitutional Act 1974.This act has limited the right of freedom even the right of vote of Kashmiri people.
Par 7(2) of the act is "NO person or political party in Azad Jammu Kashmir shell be permitted to propagate against or take part in activities prejudicial or detrimental the ideology of the State's accession to Pakistan".
Freedom loving, democratic and secular Kashmiris have been deprived of their basic rights because of this act. Job opportunities are banned upon the persons who challenge the inhuman sections of this act. Some freedom loving Kashmiris tried to participate in the general elections individually but their nomination papers had been rejected due to not accepting the State's accession to Pakistan. In 1996 the democratic and secular political parties of POK namely Jammu Kashmir National Students Federation (JKNSF), Jammu Kashmir National Awami Party (JKNAP), Jammu Kashmir National Democratic Party (JKNDP) and Jammu Kashmir National Liberation Front (JKNLF) organised an alliance under the umbrella of Kashmir National Alliance (KNA) and submitted the nomination papers to participate in the legislative assembly elections. But the office of Chief election commissioner rejected their nomination papers ,nationalist leaders and workers were arrested and tortured. In July 2001, again Nationalist organisations submitted their nomination papers and again been rejected due to the act 1974.This time nationalists launched a world-wide protest against the atrocities and brutalities of the government of Pakistan in POK. Nationalist leaders and more than five hundred workers were arrested in June 2001 and subjected to torture for more than one month. And the assembly elections were held when democratic political workers were behind the bars, in order to achieve the results according to the wishes of Pakistani government. From 1947 to 1966 there was not a single political organisation, which opposed the policies of Pakistan in POK. It was JKNSF, an organisation of democratic, nationalist, secular and progressive youth of Kashmir which was organised by the students in 1966, started democratic struggle against the oppression by raising the slogan of knowledge struggle victory. The main principal of JKNSF is National Liberation, Social Justice and Global Peace. JKNSF has to pay a lot of this struggle. Prisons, torture cells, tear gas, charges, baseless cases and killings of several workers by unknown forces became the fate of JKNSF. At 11th of Feb. 1990 JKNSF launched a peaceful march from Pakistani Occupied Kashmir to Indian Occupied Kashmir in order to cross the LOC and to show the world that Kashmiris are against the division of their motherland. During this protest Indian army at LOC killed 3 members of JKNSF and dozens of other were injured seriously. Similarly at 11th of Feb.1992, once again there was a long march like the first one on the call of Jammu Kashmir Liberation Front (JKLF) and at this occasion 10 Kashmiris were killed by Pakistani troops and several injured .Due to the war in Afghanistan since 1979, hundreds of thousands of Afghans are living in Pakistan as refugees. Pakistani authorities transferred criminal ones to POK in order to get rid of crimes. These migrants started spreading drugs; weapons and other related fatal material in POK. JKNSF and some other nationalist organisations started a countrywide protest against these criminals. Instead of accepting the demands the democratic political activists were abducted and tortured for more than three months. The worst torture was at Muzaffarabad and Poonch. Muzaffarabad is the capital of POK.In the capital workers of JKNSF including women were beaten and tortured in the torture cells severely. In Sep.1997 secret agencies of Pakistan along-with the local allies started another wave of torture at Hajira (subdivisional headquarter). More than 36 students were abducted and tortured and still eleven students are facing cases of rebellion in the Shariat court under the section 124-A of the constitution of Pakistan and all these students are banned to continue their studies since 1997. Those people who struggle for the independent and secular, reunified Kashmir are called the agents of RAW (Indian secret agency) and enemies of Islam because the criteria in POK to be a Muslim is that one must accept the accession of Kashmir to Pakistan. Since 1997, fundamentalist-armed groups have been growing like mushrooms in POK and the religious persons of Punjab (a province of Pakistan) lead these armed groups. These groups are a serious threat for the democratic and secular forces and several times these armed groups have threaten to the leaders and workers of secular organisations to give up their struggle for independent Kashmir. Local police and law enforcing authorities including the government of Azad Jammu Kashmir cannot take any action against these armed groups because they are sponsored by ISI (Inter services intelligence) in order to terrorise nationalist, secular forces in POK. The majority of these groups are non-natives.
The Kashmir Army was merged into Pakistan Army in 1972 after the Simla Agreement between India and Pakistan after the war of 1971. The inspector general of police (IGP) and Chief secretary is appointed by Pakistan in POK.and they are also from any province of Pakistan. No Kashmiri is allowed to occupy these key posts. The government of Azad Jammu Kashmir has to follow the orders and instructions of Chief secretary and no decision of the government is applicable unless chief secretary does not approve it. Pakistani policy makers prepare the syllabus that is being taught in POK and Kashmir history is prohibited in the syllabus. In the syllabus hatred is being taught to non-Muslims and also in the schools students are forced officially to accept the accession of Kashmir to Pakistan. Health facilities, transportation, education are equal to nothing in POK. The foreign exchange earned by Kashmiris in different parts of the world goes directly to the government of Pakistan. Unemployment is increasing day by day in POK because there is no merit policy for the jobs. Only those people are appointed who belongs to the groups accepting the State's accession to Pakistan. Fundamentalist armed groups and their representative organisations are encouraged in the educational institutes at the name of religion. In April 2000 armed groups killed a person Muhammad Ilyas at Hajira and injured two others with guns in the daylight and no action could be taken against them as they are considered to be beyond law. In 1998, a famous Kashmiri progressive leader Mr. Shaukat Ali Kashmiri Chairman of United Kashmir Peoples National Party (UKPNP) abducted by the secret agencies and tortured for more than nine months. After nine months he was thrown in a remote area of NWFP in a miserable condition. There is no freedom of writing even. In 1998 a book named "Shaur-e-Farda ' meaning awareness of tomorrow was banned by government of Pakistan by writing a sentence that "an attempt has been made to promote nationalist feelings amongst the Kashmiris of Azad kashmir." In 1963, Pakistan further divided Kashmir by giving a large area of northern Kashmir to China in an agreement.
In short there remain always clouds of fear for political activists who are struggling for the democratic rights on secular grounds in POK.

3. INDIAN OCCUPIED KASHMIR

It is the largest part of the divided Kashnir comprising nearly 52,000 sq. miles area including the divided parts of the provinces Jammu ,Kashmir and Ladakh of the Former State of Jammu Kashmir. In 1947, this area remained under the regime of Hari Singh and the agreement to accession with India could be practically applied to this area only because the rest of the part was directly under Pakistan Army. The majority of the people did not accept the accession to India rather they had been demanding a fair and free plebiscite in Kashmir. In Indian held Kashmir the situation is quite different as compared to Pakistani occupied Kashmir (POK), because that is a multi-religious and multi-cultural part including Muslims, Hindus, Sikhs, Buddhists and Christians. But as mentioned above the secular behaviour of Kashmiri people was an example to be quoted, therefore there were no examples of any severe conflict between different ethnic groups. Although India first went into United Nations and accepted the resolutions of UN but same like Pakistan India did not co-operate with UNCIP to hold plebiscite in Kashmir. Instead of giving basic democratic rights to Kashmiri people India started strengthening her occupation with the help of some Kashmiri leaders. When Sheikh Muhammad Abdullah a famous politician of Kashmir and in 1947 became an advocate of the State’s accession to India, started raising voice for the basic democratic rights of Kashmiri people, Indian government put him into prison in 1953 and from 1953 to 1972 he remained in prison for most of the duration in between this period. Any person who wished for freedom from Indian occupation has been subjected to torture in Indian held Kashmir. The worst example of brutality was in 1984, when Indian government hanged Muhammad Maqbool Butt in Tehar Jail Delhi at 11th of Feb. He was an advocate of the complete independence, social justice and secular democracy for the Kashmiri nation. He remained in prison in Indian held Kashmir from 1966 to 1968 and 1976 to 1984 until his death. Maqbool Butt was also tortured many times by Pakistani secret agencies along-with his companions because Pakistani secret agency ISI was blaming him to be the agent of RAW. There are many incidents of individual and collective severe violation of human rights in Indian held Kashmir. But a worst wave of violations started in 1986 when Indian government held elections in Kashmir.In these elections a majority of Kashmiri people (youth), who were against the Indian occupation participated. Indian government opened the doors of prisons and torture cells to stop the voice against accession and so state terrorism started in Indian held Kashmir which forced Kashmiri youth to start armed struggle against Indian army in 1988. In the educational institutes of Indian held Kashmir the history of India is imposed instead of the history of Kashmir. This is the worst example of the exploitation of the rights of a nation to keep away the young generation from the history of their forefathers deliberately. The following statistics of the atrocities committed against Kashmiris by the Indian paramilitary forces during November 1989 to Feb.2001 are as


69,717 killed 39,778 Permanently disabled
52,759 missing 200,165 Jailed without trial
12,778 raped 68,896 Houses torched
4801 Deaths in custody32,510 Shops torched

The above mentioned data is enough to open the eyes of world regarding the brutalities and atrocities of Indian paramilitary forces in Kashmir. About seven hundred thousand Indian troops are present in Kashmir and these forces are given free hand to kill any Kashmiri whenever they want. Furthermore the cross firing at Line of Control (LOC) between the Indian and Pakistani armed forces has killed thousands of peoples on both sides. Thousands of families have been migrated from the areas near Line of Control and are living in miserable conditions. Thousands of houses have been destroyed in this cross firing because heavy weapons are used from both sides of LOC.

It is common on both sides that the person who speaks against the occupation of Pakistan in POK is considered to be the agent of RAW and who speaks against the occupation of India in Indian held Kashmir is considered to be the agent of ISI.

PART III

DUSCUSSIONS

What does the word self-determination means? “RIGHT OF A NATION TO DECIDE THE KIND OF GOVERNMENT IT SHALL HAVE”
So right of self-determination on broader sense “the right of the people of a particular area to establish the social, economic, cultural and political system according to their own wishes without any foreign interference.” But when we see the resolution of United Nations (Jan.5, 1949) the right of self-determination of Kashmiri nation is limited only to accession to India or Pakistan and the right to remain as an independent nation is denied. The question arises why the internationally recognised definition of the right of self-determination is not applicable to the Kashmiri nation and why their right has been limited to accede either India or Pakistan. In this resolution with reference to some correspondence new supplementation to the original resolution were made which deprive the people of Kashmir of the right of self determination they were allowed to chose between the two occupants of their country. Why was it done? The apparent aim was to present the freedom movement of Kashmir as a territorial dispute between the India & Pakistan. No body knows the reasons for such "Performance" by the UN officials, which is a clear denial of the justice to the people of Kashmir. The reasons and motives for such attitude to Kashmir can be any thing from "negligence" to some type of bribe by some officials. Further research is needed to reach the definite conclusion. Another thing to be noted that the commission formed to hold the plebiscite in Kashmir was named United Nations Commission for India and Pakistan (UNCIP). This name creates more confusion because the commission was actually formed for Kashmir and why its name was chosen as UNCIP? Rather its name should be United Nations Commissions for Kashmir (UNCK). It means that from the beginning it was thought to be a territorial dispute between India and Pakistan instead of being taken as the future of a nation.

According to United Nations Universal Declaration of Human Rights (1948), Article No. 19 “Every one has the right to freedom of opinion and expression; This right includes freedom to hold opinion without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.”
Similarly, the UDHR Article No.21 “Everyone has the right to take part in the government of the country, directly or through freely chosen representatives.”
But why Kashmiris on both sides of LOC not given this right? Is Kashmir not present in this universe where the above mentioned articles are applicable? Are Kashmiris not Human beings? Why Kashmiris are forced to accede either with India or Pakistan? History reveals the fact that Kashmir has its own identity, culture, geography and languages necessary for the definition of a nation. So why UN and other responsible authorities of the world are not applying the internationally recognized definitions to the people of Pakistani occupied Kashmir, Pakistani occupied Balawaristan and Indian occupied Kashmir?

UN international covenant on civil and political rights (1966) part III, Article 9 (2) “Anyone who is arrested shall be informed at the time of arrest and shall be promptly informed of any charges against him.” But in all the parts of Kashmir there is no practical application of this article. Where and whenever, law enforcing authorities and police can arrest any person without showing arrest warrants and can release without bail according to the wish of these authorities.

Article 9 (5) of the UN international covenant of civil and political rights says, “Any one who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation.” While there are thousands of such examples in all the parts of divided and injured Kashmir. Truly speaking, all the 15 million human beings living in Pakistani and Indian held parts of Kashmir are the victims of unlawful arrest since 1947 because they have been denied their basic right to remain as an independent nation.
Article 15 (1) of UDHR (1948) is “Every one has the right to a nationality” and Article 15 (2) is “No one shall be arbitrarily deprived of his nationality and to denied to change his nationality.”

But there are 15 million human beings of Kashmir who have been denied their basic right to be a nation. In all the parts they are forced to become Pakistani national and Indian national and when one claims to be a Kashmiri national, he is considered to be the enemy of Pakistan in POK and enemy of India in IHK.

The question arises that these articles of UN are to protect the rights of even an individual and since 1947, more than 5 decades have passed, UN could not give these rights to human beings living in the divided parts of Kashmir. Why? Are Kashmiris not the part of human race?

According to UN, Kashmir is a disputed territory and yet its future to be decided. An issue, which is present on the agenda of UN since 1948, is not a minor case that it has been neglected since more than 5 decades. Due to the delay in solving Kashmir issue, the clouds of a nuclear war will be there in the sub continent between India and Pakistan. Both India and Pakistan have been spending on their defiance and armed forces more than 50% of their budget every year while a majority of the masses living in these countries are living below the line of poverty. If the international community and especially UN will not interfere to resolve the core issue of Kashmir on realistic grounds (as the future of a nation), the dream of global peace will remain under threat because the gateway leading towards the destination of global peace is surely Kashmir.