The aforementioned proposed solutions including two (S.No.1 and 4 initially) accepted by both India and Pakistan could not be implemented due to opposition to them by one or the other party to the issue arguing, rightly or wrongly, that they were detrimental to their national interests. None-the-less there surely does exist a way to solve the Issue without hurting the national egos or harming the legitimate interests of India, Pakistan or Kashmir.

   THE ONLY WIN WIN SOLUTION

   The solution of Kashmir problem that does not hurt the national egos or harm the legitimate interests of any of the three parties hence cannot and should not reasonably be rejected by any of them, is that it should be peaceful, equitable, democratic and honourable.    

    The only solution that fully meets this criterion is to re-unite the divided Kashmir (officially termed as Jammu Kashmir State) in several peaceful phases, bringing it back to the position of August 14-15, 1947, after simultaneous withdrawal from there of all Indian and Pakistani armed and civilian personnel and to make it temporarily though, a fully independent State with a democratic (having a bicameral elected parliament) federal (Kashmir Valley, Jammu, Ladakh, Azad Kashmir and Gilgit Baltistan as its provinces with maximum internal autonomy) and secular system of government and having compulsory friendly relations with all its neighbours, with India and Pakistan in particular, who should undertake not to violate the borders or interfere in the internal affairs of Kashmir and the latter should pledge not to let its territory or airspace to be used against any of her neighbours. In order to make the solution really democratic based, it is a must to subject the matter to the freely expressed will of the people. As such there be a free and fair referendum 15 years after independence, under international auspices in which people of the entire State will determine whether Kashmir should perpetuate its independence, become part of India or of Pakistan or adopt any other course and that fair and democratic verdict of Kashmiri people be accepted by all concerned i.e. India, Pakistan, all Kashmiris and international community, as final settlement of the Issue and implemented.

   This is the only solution of Kashmir ‘imbroglio’ that is not only peaceful, equitable, democratic and honourable, but can surely prove to be permanent too and solve the problem once for all. Let us see how:-

   PEACEFUL

   A study of the proposed solution makes it clear that all the steps to be taken towards its accomplishment will be peaceful. Moreover since the proposed independent Jammu Kashmir will have democratic, federal and secular system of government, the rights and interests of religious and cultural minorities will be safeguarded, hence there will be no communal or ethnic disturbances, no mass-migrations hence no bloodshed too, either during the transitional period nor after that.

   EQUITABLE

   The proposed solution is equitable because it does not do any injustice to any of the parties to the issue but will in the long run, be highly beneficial to all concerned. It does not do any injustice to India because it does not take away from her any thing that belongs to her. Indian claim that Kashmir is Indias integral part by dint of Maharajas’ accession of the state to India, is baseless and unjustified firstly because the Maharaja had signed the instrument of accession under duress and at a time when he had lost practical control of the bulk of the State. Secondly, because India did not fulfill her own pledge given at the time of conditionally accepting the accession of the State to India, the pledge of letting the people of the very State determine their own future later through democratic means. And thirdly and more importantly, because after accepting the UNCIP resolution of August 13, 1948 which provided that the future of the entire Jammu Kashmir State would be determined in accordance with the result of the UN supervised plebiscite in the State, the Maharajas accession to India had become totally irrelevant and invalid hence meaningless. As such, asking India to leave the part of Jammu and Kashmir State under her control to its real owners, the people of Kashmir, does in no case amount to any kind of injustice to India hence the solution is equitable. This solution does not do any injustice to Pakistan because under Indian Independence Act (IIA) of 1947 Two Nation Theory (that Muslim majority areas should become part of Pakistan and the rest of free India) applied only to British India (part of the subcontinent under direct control of the British) and not to the princely States (including Jammu Kashmir) whose future had to be determined by their hereditary rulers. Incidentally this provision had been demanded by All India Muslim League, the very mother of Pakistan and the purpose was to pave the way for the Muslim ruler of the Hindu majority State of Hyderabad to declare complete independence of his State as desired by him. Moreover Quaid-e-Azam Mohammad Ali Jinnah, the president of Muslim League had himself accepted the right of the Maharaja of Kashmir to determine the future of his State. In his policy statement issued on July 11, 1947, the Quaid had said, “The second question that is engaging the attention of the Muslims of Kashmir is whether Kashmir is going to join the Constituent Assembly of Pakistan. I have already made it clear more than once that the Indian States are free to join either the Pakistan Constituent Assembly or the Hindustan (Indian) Constituent Assembly or remain independent. I have no doubt that the Maharaja and the Kashmir Government will give their closest attention and consideration to this matter and realize the interests not only of the Ruler but also of his people” (page 24 of the book ‘Quaid-e-Azam Mohammad Ali Jinnah Speeches and Statements 1947-48’ Published by Govt. of Pakistan). As such Jammu Kashmir State could not ipso-facto become part of Pakistan just because it was Muslim majority State. As such asking Pakistan to accept independence of the entire Jammu Kashmir State does not amount to doing any kind of injustice to her.

   The condition that the proposed independent Jammu Kashmir should have compulsory friendly relations and agreements of peaceful co-existence with its neighbours is meant to address the genuine concerns and apprehensions of India and Pakistan about their security, economies and national ideologies.

   As for Jammu Kashmir State itself, its complete independence will be, for absolute majority of its people, like their sweetest dream coming true. To make this solution more protective of peoples rights, the provisions of democratic, federal and secular system of government for the proposed independent Kashmir are to protect the rights and legitimate interests of the religious and cultural minorities of the entire State. As such, independence could not amount to any kind of injustice to the people of the State including its cultural or religious minorities.

   This solution will be equitable for international community because it will do away with the danger to world peace and smooth working of global economic order posed by continuous tension between two South Asian nuclear powers.

   In short, this solution of Kashmir Issue will be equitable for all concerned because it will ultimately result in a very peaceful, prosperous and dignified future for all the three parties to the Issue.

   DEMOCRATIC

   The solution will be democratic because the final settlement of the Issue will be based on the unfettered and free will of Kashmiri people expressed through the proposed referendum to be held under international supervision fifteen years after re-unification and independence of the State.

   HONOURABLE

   The solution will be honourable for all the parties to the Issue particularly for India and Pakistan because it will solve the Issue (1) without hurting the national egos of India and Pakistan and without giving either of them a sense of defeat as neither of them will be required to hand over to the other the part of Kashmir under her control and (2) without harming the legitimate interests of either of them as independent Kashmir will be having compulsory friendly relations and agreements of peaceful co-existence with both of them. It will be honourable for the people of Jammu Kashmir because it will be they themselves and not outsiders who will determine their future.

   PERMANENT

   The solution will prove durable rather permanent firstly because it will be to reasonable satisfaction of all the three parties and secondly and more importantly because it will also open the doors for a peaceful, prosperous and respectful future for all of them.  

   None of the other solutions of Kashmir issue proposed so far from any quarter is as peaceful, equitable, democratic and honourable for all parties to the issue i.e. Kashmiri people, Pakistan, India and even for the international community as this one.

OTHER CREDENTIALS

   The arguments given above prove that the best practicable and the only win win solution of Kashmir Issue is to re-unite the divided Jammu Kashmir State and make it a fully independent one with a democratic, federal and secular system of government, having compulsory friendly relations with both India and Pakistan and 15 years later, there be an internationally supervised referendum in which the people of whole of Jammu Kashmir as it existed on August 14, 1947 will determine whether to perpetuate their very independence, become part of India or Pakistan or evolve any other solution of the Issue and that popular verdict be accepted by all concerned as final settlement of the Issue and implemented. In all probability an over-whelming majority of the people will vote for complete independence. That in other words means that complete independence of the entire Jammu Kashmir State, subject to its having a democratic, federal and secular system of government, having friendly relations with both India and Pakistan and also subject to approval of the people of the State, is the only solution of Kashmir Issue that will not only rid India, Pakistan and specially Kashmir, of the present painful state of affairs and of future dangers but will also herald the dawn of a peaceful prosperous and honourable future for the three besides strengthening world peace.

   Apart from the aforementioned colossal benefits of its qualified independence, Kashmir has important credentials of its own too for independence. Let me enumerate and elaborate them.  

1: Independence in the Past: Thousands of years long history of Kashmir is divided into eras of local and foreign rules. Its borders have also been expanding and shrinking. Before Muslims appeared on its political platform in the 14th century A.D, 21 dynasties of Hindus, Buddhists, Jains and Zoroastrians had ruled Kashmir out of whom 18 were local during whose rule Kashmir was an independent State. Muslims ruled it for 480 years (1339 to 1819 AD) out of which 246 years (more than half) were of complete independence which also included the golden era of Budshah Rule (1420 to 1470) when Kashmir reached the zenith of its glory and prosperity. On the whole Kashmir has been a free and independent country for bulk of its history. That entitles it for independence now too.

2: Commitments: Both India and Pakistan who occupy parts of Kashmir territory stand committed to independence of Kashmir. There are dozens of examples to that effect. Let me refer to only one each.

India: The head of Indian UN delegation (Gopala Swami Ayangar) while presenting Indias Kashmir Case before the UN Security Council on January 15, 1948 declared on behalf of India, “….. Whether she (Kashmir) should withdraw from her accession to India and either accede to Pakistan or remain independent with a right to claim admission as a member of the United Nations- all this we have recognized to be a matter for unfettered decision by the people of Kashmir, after normal life is restored to them.” There could not be a stronger commitment from India to concede independence to Kashmir than the one she made from the rostrum of the highest international forum.

Pakistan: The founder of Pakistan Quaid-e-Azam Muhammad Ali Jinnah had declared through his policy statements made on June 17, July 11, and July 30, 1947 that all princely states of the Subcontinent including Kashmir could opt for independence besides acceding to India or Pakistan.

3: Population and Area: The population of Kashmir is over 17 million, more than the individual populations of as many as 134 of 192 UN member nations. Its Area is over 2,17, 000 sq. Km, more than the areas of about 102 independent nations.

4: Economic Prospects: The economic potentials of Kashmir i.e. Power Generation, Tourism, Forests, Cottage Industries, Fruits, Minerals, Sericulture, and heavy skilled and unskilled manpower working abroad etc, are such that within a decade or so after independence and with proper planning, Kashmir can surely become the most prosperous country of the entire region.

5: Defence of Kashmir: Kashmir is surrounded by mighty neighbors i.e. China, India and Pakistan with none of whom can Kashmir afford a conflict. As such, there are two alternative ways to ensure its security. The first and the preferable one is to enter into a treaty of peaceful co-existence with all its neighbors. If that does not work, we will enter into defence pacts with any of them. As such, defence will not be a big problem for independent Kashmir.

6: Education: Even today the aggregate literacy rate of Kashmir is higher than those of India and Pakistan. Tens of thousands of our engineers, doctors, scientists, scholars and other professionals can contribute to rapid development of our independent motherland.

7: Freedom Struggle: According to opinion polls conducted by Indian newspapers, a big majority of people in Kashmir Valley and large number of people in Jammu and Ladakh areas are for re-unification and independence. During the freedom struggle started in 1988 by pro-independence JKLF, tens of thousands of freedom fighters have sacrificed their lives out of which a big number were pro independence. A number of pro independent organizations, JKLF being the most prominent and active one among them, are working in all the three parts of the state i.e. Indian controlled part, Azad Kashmir and Gilgit Baltistan.

8: Infrastructure: At present Kashmir is divided into three administrative zones i.e. Indian controlled part and Pakistani controlled Azad Kashmir and Gilgit Baltistan. The Chinese administrated Aksai Chin is almost uninhabited. All the three have legislative assemblies, high courts, educational institutions, hospitals and quite capable bureaucracy. So, independent Kashmir will not have to start every thing anew. All that will have to be done will be to restructure the existing institutions into the structure of a federal republic.

   All the aforementioned facts fully entitle Kashmir to complete independence even per norms of the UN and international law and this entitlement is besides the fact that establishment of a democratic, federal and secular independent Kashmir, having friendly relations with all its neighbours especially India and Pakistan, is the only way to bring durable peace to the area and also to ensure a prosperous and respectful future for its huge populace numbering over one fifth of the entire humanity.

Posted on 03 Mar 2010 by Webmaster