Pakistan’s claim over Kashmir

Fact-Sheet on Kashmir


Official Map of Pakistan. Oh Indians, Kashmir is waiting for rescue!

Source: Read below extracts from Book: The Kashmir Problem, by Dr. Jayant Balaji Athavale, Dr. Durgesh Shankar Samant


1. Truth about the Indo-Pak partition and the Constitutional status of Kashmir 2. Pakistan’s claim over Kashmir 3. Pakistan’s aim is merger of Kashmir with it and not liberation of Kashmir 4. False propaganda about Kashmir 4 A. False propaganda by the people of Pakistan 4 B. Anti-Hindu and anti-India propaganda to spread Muslim communalism in Kashmir 4 C. Baseless protests about economic suppression 4 D. Westerners indulging in false pro-Pakistan propaganda 5. The United Nations’ resolution on Kashmir and Pakistan’s reaction to it

When trying to understand the Kashmir issue, it is important to know the concepts put forth by some people about the India-Pakistan partition and Kashmir, as given ahead.

1. Truth about the Indo-Pak partition and the Constitutional status of Kashmir

A. The partition of India and Pakistan occurred in accordance with the `Indian Independence Act’ passed by the British Parliament on 1st July 1947, as per the demands made by the Muslim League. Consequently two nations, that is India with a majority of Hindus and Pakistan with a majority of Muslims were formed. The various princely states existing then were allotted independent rights to decide their future. Thus, during this partitioning another group consisting of several small and large kingdoms was also formed. B. Pakistan was declared independent on 14th August 1947 in Karachi  and India on 15th August 1947 in Delhi. C. Raking up controversies and holding dialogues on the Kashmir issue are baseless because this partitioning of India and Pakistan was done legally. By occupying a part of Kashmir, it is Pakistan who has not behaved in accordance with the law. D. Instead of saying that ‘Kashmir is an inseparable part of India’, India should call it a constituent state because the impact created by the second phrase is greater than the first one.


2. Pakistan’s claim over Kashmir

Ever since partition, Pakistan has been constantly striving to convince the world that it is inevitable that Kashmir should be incorporated into it. Some of the reasons for such a claim by Pakistan and their clarifications are given below. A. Pakistan is a Muslim nation and the majority of population in Kashmir too comprises of Muslims. Answer : Only the Kashmir region of Jammu and Kashmir has a Muslim majority. Hindus predominate in Jammu and Buddhists in LaDakh. If this standard of majority is applied at the national level then the Muslim population in secular India exceeds that in Pakistan, a Muslim nation. If all points such as the historical background, culture, religion, language, customs and geographical location are considered then Kashmir is closer to India than to Pakistan. B. The Western countries and other Muslim nations have supported the stand of Pakistan projected by it since 1947-48, that Kashmir is a controversial region. Answer : The legal merger of the kingdom of Kashmir with the rest of India with the consent of King Harisinha in 1947, the Delhi Pact, the elections conducted in Kashmir, etc. are the answers to this.


3. Pakistan’s aim is merger of Kashmir with it and not liberation of Kashmir

Though externally Pakistan makes a farce of striving to liberate Kashmir, its true aim is to merge it with Pakistan. If this were not so, then it would have conferred upon Pak occupied Kashmir an independent status long ago. The example of a fanatic Kashmiri leader, Mr. Batt is noteworthy. When Mr. Batt was tortured in Lahore he realised that the Pakistani rulers were out to exploit the Kashmiris and fled from Pakistan. 15 years ago, India sent him to the gallows. Before that in a letter to his daughter he wrote, `The Pakistani rulers were never interested in the people of Kashmir. Despite Kashmiris sacrificing themselves for Pakistan, they are still looked upon as spies !’

4. False propaganda about Kashmir

4 A. False propaganda by the people of Pakistan

4 A 1. Through computers : Some examples of this done through a website in Pakistan are given below. 4 A 1 A. Creating doubts about the signing of a merger pact between Kashmir and India : Though the Indian government published a number of documents on the Kashmir issue, it did not publish the merger pact for several years. Neither has it issued a copy of it to Pakistan nor has it presented it at the U.N.O. India has published an unsigned document as the merger pact. Probably King Harisinha must have avoided signing it because the Indian army had already saved his land from the gang infiltration. 4 A 1 B. Generating suspicion about the authenticity of other documents : Two important documents dated 26th and 27th October 1947 are a letter dated 26th October from King Harisinha to the then Governor General of India, Lord Mountbatten, seeking assistance from the Indian army and expressing his willingness for merger with India and the latter’s reply dated 27th October. India must have prepared these documents after its soldiers alighted at the Shrinagar airport and the monarch was placed under duress to write a letter addressed to Lord Mountbatten seeking assistance. 4 A 1 C. Strategy of proving India false and as the aggressor : King Harisinha signed the pact of merger of the kingdom of Jammu and Kashmir with India on 27th October 1947 and not on 26th October 1947. The Indian army landed at the Shrinagar airport to save Kashmir from the gang infiltration (`civil war for liberation’ according to Pakistan) on 27th October. From 26th October itself, India had begun proclaiming that Kashmir was an integral part of India. But the earliest that the king could have signed the pact was on the afternoon of 27th October 1947. The events which occurred on those two days between a senior Indian official, Mr. V.P. Menon concerned with this, the then Prime Minister of Kashmir, Mr.Meherchand Mahajan and King Harisinha prove that the date on the pact of merger is fake. Therefore the correct date of signing the pact must have been 27th or 28th October and thus the Indian army must have captured the Shrinagar airport, that is attacked independent Kashmir before the pact was signed. To prevent exposing to the world that an independent state was attacked, India claimed that the pact was signed on 26th October 1947. How can India who has played foul with such an important document be trusted? The king too must have signed it under duress from the army. The important point to be noted here is that Mr. V.P. Menon has said in his autobiography that he was witness to the signing of the pact on 26th October. According to Pakistan however, this is a blatant lie.


4 B. Anti-Hindu and anti-India propaganda to spread Muslim communalism in Kashmir

According to a white paper published by Dr. Teng and Mr. Gatt� of the Human Rights Commission of the minorities in Kashmir, the state government of Kashmir and the Central government constantly kept the communal activities of the Muslims in Kashmir a secret through mal propaganda or false propaganda in the post-independence period. During this period the communal and separatist forces in the state which originated and grew in strength, constantly nurtured the separatist tendencies under the pretext of territorial identity, autonomy and secularism. Mal propaganda under this pretext is still going on. That is why the basic questions of terrorism and Muslim fundamentalism are being brushed aside. This propaganda being carried out both at the governmental and non-governmental levels to keep the Indian public in the dark revolves around the following main points. 1. Due to the lackadaisical administration and duress by the Hindus in India and Kashmir, great injustice is being inflicted upon the Muslims in Jammu-Kashmir. 2. The Indian Government and the Hindus have not given the Muslims in the state sufficient representation in the administration for which they resorted to the following. A. Malpractices during elections B. Excluding Muslims from government jobs. C. Preventing Muslims from securing jobs in the state and Central governments in proportion to their population. D. Preventing Muslims from obtaining various financial benefits. Due to this, unemployment among them has risen. 4. The Indian government and the Hindus have denied the Muslims in the state their religious rights and have prohibited them from following their religious customs according to Islam. 4. In 1989, when terrorist activities rose markedly in the state, the Congress party and the Janata Dal factions blamed the government of India, the Hindus, capitalists and foreign involvement for it. None of the political parties dared to utter anything against Muslim communalism and separatist and terrorist forces. On the contrary, the Muslims had the audacity to say that the right of the majority of the Muslims to restructure the state in accordance with the Muslim law was denied and that they had to face injustice.


4 C. Baseless protests about economic suppression:

False propaganda that economic suppression is resorted to in Kashmir is being carried out without any reason. It is also added that this suppression has lead to the nurture of terrorism. How false this concept is, will be illustrated by the points given below. 1. In 1947, Jammu-Kashmir was economically far backward as compared to the other Indian states. In 1960, it ranked 11th out of 16 states on the basis of per capita income. In another decade due to tremendous assistance from the Centre, it rose to the seventh position. In fact, it surpassed even West Bengal and Karnataka. The state revenue which was 2.49 billion rupees in 1970 rose to 4.58 billion rupees in 1985 according to stable value. Similarly, the per capita income which was 588 rupees in 1970 rose to 683 rupees in 1988 according to stable value and to 3,444 rupees according to the instant value. The growth has not been so progressive even in an industrially advanced state like Maharashtra. 2. In 1988, an average annual income of Rs. 3,609 decided the poverty line. According to this, only 16.8% people in Kashmir were below the poverty line in contrast to 34.9% in Maharashtra. 3. Jammu and Kashmir is one of the eleven states in India which have been endowed with a special status. 90% assistance which Kashmir receives from the Central government is in the form of grants and only 10% is in the form of loans. In other states, this proportion is 30% and 70% respectively. 4. According to the Regional Development Index, in comparison to other districts in the state, Shrinagar city ranks first. Despite this, the influence of separatist forces is highest in Shrinagar. Generally the section of society which is suppressed, demands for autonomy from the government. Kashmir’s growing economy does not indicate any suppression of the Kashmiris. In short, it is wrong to state that economic suppression has provoked terrorism and separatism in the state. So also one realises that economic suppression is not the chief cause for demanding autonomy, but has other reasons. In conclusion, hoping that only sanctioning financial grants and concessions will solve the problem, is irrational.


4 D. Westerners indulging in false pro-Pakistan propaganda:

Peter Jennings of the British Broadcasting Corporation presented three news reports during the visit of the former American President, Mr.Bill Clinton to India. Pro-Pakistan propaganda was carried out through them. 1. When broadcasting news on the merger of Kashmir with India, it was narrated that King Harisinha was the ruler of Kashmir at the time of the merger. However, a photograph of his father, King Gulabsinha was wrongly shown as that of the former. 2. When Pak sponsored gangs infiltrated into Kashmir, King Harisinha and Sheikh Abdullah turned to India for assistance, after which India deployed its army there. This fact was omitted in the narration. 3. When stating that a majority of Pakistan’s population consists of Muslims and that of India consists of Hindus, he did not mention that there are more Muslims in India than in Pakistan.


5. The United Nations’ resolution on Kashmir and Pakistan’s reaction to it

Kashmir remained as an independent state even after the partition of India and Pakistan. Later, when Pak sponsored gangs infiltrated into Kashmir, the King Harisinha of Kashmir approached the Indian government for assistance to fight these infiltrators. Accordingly, the Indian army combated them. On 1st January 1948, India lodged a complaint against Pakistan in the United Nations regarding this. On 13th August 1948, a resolution was passed by the United Nations on Kashmir. The following sections were laid down in it. A. Both countries should declare a ceasefire. B. Both countries should recall their respective armies to their original borders. C. The (then) present government (under the rule of Sheikh Abdullah) will remain in power. D. A public opinion poll will be taken under the supervision of the (then) ruling government. E. The United Nations observers will supervise this opinion poll. Pakistan rejected this U.N.O. resolution and refused to withdraw its army. It flatly rejected the proposal of both countries  withdrawing their troops simultaneously. To cap it all, it blamed India as the aggressor. To check whether the line of ceasefire was being honoured, the U.N. posted its observers in Kashmir and Pak occupied Kashmir.