Kashmir: A sore in South Asia

By Yuba Nath Lamsal
In a talk programme a fortnight ago, Pakistani Ambassador to Nepal Syed Abrar Hussain raised some pertinent issues related to peace in South Asia, of which he dealt with Kashmir issue in more detail clearly explaining how Kashmir is under siege. According to Ambassador Hussain, the legitimate freedom struggle to exercise the right to self determination of Kashmiri people is suppressed by force resulting in brutal violations of human rights by over 7,00,000 Indian troops deployed in Kashmir.
It is true that Kashmir is a case of worst human rights violations in the world's history after Hitler's holocaust. Even Indians are now fed up with the central government's policy of suppression in Kashmir and have started coming up openly in favor of Kashmiri people's peaceful struggle. An acclaimed Indian writer and winner of several international prestigious awards Arundhati Roy has recently joined this bandwagon and said that Kashmir has never been a part of India. Roy's views triggered flak and wrath from the Indian establishment and some rightist elements that not only made scathing remarks against her but also raided her house aiming at physical attack on her. However, Indian media, which professes to be the defender of individual's freedom of expression, instead, collaborated with the establishment and rightists.
To put Roy's own words, which were published in the India's Outlook magazine in July 2009, Kashmir war had till then claimed almost 70,000 lives. She said "tens of thousands have been tortured, several thousands have disappeared, women have been raped and many thousands widowed". She continues saying "half a million Indian troops patrol the Kashmir Valley, making it the most militarized zone in the world".
It was the scenario the Indian writer portrayed in 2009. Since then it has already been more than one year. But the situation has not calmed. Instead it has further deteriorated and the number of casualties and other atrocities by the Indian troops has gone up sharply making it to almost 94,000 in the period of 20 years, perhaps the largest number of people killed by the state in a non-violent struggle. Ambassador Hussain citing Kashmir Media Service claimed that 93,471 people have been killed during the last 20 years including 6,975 custodial killings. He said 118,424 civilians have been arrested 9962 women molested or gang raped. He further added that only in the last three months, more than 100 innocent civilians have been killed in peaceful protests.
Both of these accounts tell the tale of worst humanitarian and human rights crisis in Kashmir created and perpetrated by India which claims to be the largest democracy in the world. India has proclaimed a war against innocent civilians in Kashmir and resorted to brutal killings. This is a war between the heavily armed and fully equipped Indian troops and unarmed civilians who are waging a non-violent struggle for their right to self-determination. India has deployed almost 7,00,000 armed troops in Kashmir making it roughly one soldier for each 15 Kashmiris.
Despite repressive measures applied by India, Kashmiri freedom fighters have not abandoned their struggle. India has dubbed the Kashmiri movement as an act of terrorism. The act of terrorism is, of course, condemnable anywhere in the world. There might be infiltration into the Kashmiri movement but basically the Kashmiri struggle is political and non-violent aimed at achieving the right to self-determination of the Kashmiri people that was agreed upon by India long ago.
Kashmir issue has remained as a bone of contention between India and Pakistan right after India annexed it in 1948. The issue was taken to the United Nations in which it was also accepted it as an issue related to the right to self-determination of the people of Kashmir. The United Nations Security Council adopted resolutions to resolve the Kashmir problem in accordance with the will of the Kashmiri people. The UN resolution adopted on August 13, 1948 and January 5, 1949 call for a plebiscite to be held in a free, fair and impartial manner under the supervision of the United Nations, which became a part and parecel of the international instruments. Accordingly, the United Nations appointed administrative officer for Kashmir to conduct the plebiscite aimed at resolving the issue once and for all. India, too, had agreed to the UN sponsored plebiscite but later backed out, which is a case of defiance of international rule and instruments. However, Pakistan is still committed to the UN resolution and has been demanding the implementation of the international instrument in its letter and spirit.
India has dubbed this issue as an internal law and order problem. If it was the internal problem, why India, in the first place, agreed for a fair plebiscite to decide whether Kashmiri people want to remain within the Indian Union or join Pakistan or opt for an independent nation? The plebiscite is a democratic way to allow the people to decide their own destiny of which the largest democracy should never be afraid of. If India, at all, believes in genuine democracy as it claims to be, it has to abide by the international instruments as well as will of the people. By defying UN resolution on plebiscite, India is showing the world as an example of the largest 'demonocracy' but not democracy. For the last 62 years, India has kept on defying the UN resolutions, which should be taken as a case for an international sanction and action.
Kashmir is being kept under Indian control at gun point, which is a shame in 21st century marked by democracy, open society, free will and human rights. But Kashmiri people are forced to remain under medieval dictatorship that India has imposed for more than six decades. Whether Kashmir remains within India or joins Pakistan or remains as an independent nation, it is not a matter of concern for us. What concerns the conscious global citizens like us is that people of Kashmir should be allowed to decide their destiny and their right to live peaceful life without fear and intimidation. This rights needs to be guaranteed.
Kashmir has been the flashpoint of conflict not only in South Asia but also in the world. Three wars have already been fought between India and Pakistan over Kashmir. Kashmir has not only been a bone of contention between India and Pakistan but is a source of conflict in the entire South Asia. As India is trying to keep Kashmir by applying brutal force, it has and may give rise to terrorism, which may not be in the interest of the entire South Asia as well as the world at large.
The South Asian Association for Regional Cooperation (SAARC) that was created 25 years ago to promote regional cooperation in South Asia has not been able to make any headway simply because of the bilateral conflict. Although SAARC Charter has explicitly prohibited the bilateral issues to be raised in the SAARC forum, the regional body has been hostage to the conflict and mutual suspicion especially between India and Pakistan. So as long the Kashmir dispute was not amicably resolved, SAARC cannot be effective and regional cooperation may not be meaningful. But the resolution of Kashmir issue is has not been possible due to the haughty and arrogant attitude of India despite the global call for resolving it democratically. India must understand that Kashmir issue is political problem which cannot be resolved militarily. Political problem must be addressed politically. The Kashmir issue has afflicted India, too. New Delhi has to spend billions and billions of rupees for military operation to keep Kashmir under its control on the one hand, India's image has been badly tarnished in the world as a worst human rights violator, on the other. The best way, therefore, should be for all including India to let the people of Kashmir to exercise their right to self-determination through impartial plebiscite and decide their own destiny.
So far as Nepal's position vis-a-vis Kashmir is concerned, it has remained neutral and refrained to make any remarks on this issue. Nepal always believes in the policy of non-interference in other's internal affairs and expects reciprocity from others. It adheres to the non-alignment, which espouses five principles of peaceful co-existence that include non-interference in other internal affairs, respect for other's territorial integrity and sovereignty, non-aggression against anyone, equality and mutual benefit; and peaceful co-existence. As a member and strong supporter of the United Nations, Nepal always believes that the decisions and resolutions adopted by the United Nations must be respected and implemented in their letter and spirit, which implies that India must respect the UN resolution of the plebiscite to resolve the Kashmir problem. As India continues to defy the international instruments and decision, the international community including the South Asian countries, too, neeeds to exert pressure to bring New Delhi to terms so that the Kashmir issue is settled once and for all based on the United Nations decisions. This would alone ensure peace and stability in South Asia.

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