Kashmir-mission lessons

India’s view is that abrogation of special status and Kashmiris’ hereditary proprietary rights is an internal matter. They harp that Kashmir is an integral part of India. Kashmiris’ struggle to shake off Indian yoke amounts to terrorism. And that its legislative coup d’état would be harbinger of peace, amity, and lasting prosperity in Indian-held Kashmir. Pakistan’s view is, unless revocation is withdrawn and curfew lifted, the situation would result in blood bath. There are eight million Kashmiris under clampdown by nine lac Indian troops. What’s the truth?

Terrorists or freedom fighters: Unlike Kashmir, Bangladesh was not a disputed state like Jammu And Kashmir State. It was an integral part of Pakistan. But, harboured, nurtured, trained and armed Bangladeshi `freedom fighters’ in India’s lexicon. Pakistan calls them `terrorists’. USA’s gallery of `freedom fighters’: Noam Chomsky recalls USA sheltered gallery of Latin American terrorists, extolled as `freedom fighters’. Jallaludiin Haqqani (founding father of formidable Haqqani taliban) `was once a White House guest! (Indiavision news September 28, 2011).

Kashmiris, not `terrorists’, but India, a `rogue state’:

Let India not forget that Kashmir is a disputed state as per UN resolutions and the Simla accord. A state that flouts international treaties is called a `rogue state’ (Noam Chomsky’s Rogue States).

To refresh India’s memory: (a) It was India, not Pakistan, which internationalised or multilateralised the Kashmir issue by rushing a reference to the United Nations under Article 35 (Chapter VI). This Article enables any member to draw the Security Council or the General Assembly’s attention to any dispute or situation, which might lead to international friction or give rise to a dispute. Both India and Pakistan accepted ceasefire from Jan 1, 1949, onwards, and supervision by UN observers. (b) No UN resolution incorporates India’s view that Indian-held Kashmir has acceded to India by virtue of the Maharaja’s decision to accede to India. (c) Kashmir is not a domestic or strictly regional issue, as the UN has already intervened. The government of India has itself invoked and submitted to the jurisdiction of the UN and has accepted its role for resolution of the dispute, and acquiesced to the resolutions passed by the Security Council on Jan 17, 1949, Jan 20, 1948, April 21, 1948, and June 3, 1948. (d) Kashmir is still on the agenda of the Security Council though dormant due to culpable default. (e) The UN resolutions stand validated by the Simla agreement of 1972.

India is reminded of jus cogen, pacta sunt servanda (‘treaties are to be observed’) and are binding upon signatories. India may try to wriggle out of this maxim by pleading that the UN resolutions stand antiquated under another principle clasula rebus sic stantibus (‘things as they stand’ or ‘fundamental change of circumstances’).

But it has not yet so done for obvious reasons. It cannot renounce international and bilateral treaties without being declared a rogue state.

Terrorism against minorities: Why pro-India bloc is mum about terrorism and minorities’ persecution by ruling-BJP-RSS-Sangh Parivar conglomerate (maha gathbandhan)? Why international community is blind, deaf and dumb towards persecution and killing of beef-eating Indian minorities, arson of Muslim houses at Meerut, hounding of Kashmiri students, girls included, and manhandling and looting of Kashmiri traders, across India? When he was a chief minister, prime minister Narendra Modiled an 11-phase gaurav or papadshahi yatra (pride parade) to terrorise Muslim community in July 2002. He winked at Gujarat carnage, and Babri masjid demolition. Why UNO is hesitant to designate him a terrorist?

RSS’s anti-Muslim stance: Rashtrya Swayem Sevak Sangh (RSS) is busy r-imaging it in media as just a cultural entity without any political ambitions. But its severalacts unmask its brutal face.

Indian newspapers (datelined Kanykumari, July 6, 2003) have highlighted the anti -Muslim and -Christian resolutions, passed at RSS’s national executive’s meeting held at Kanykumari from July 5-6, 2003. The resolutions inter alia criticised so-called Christian terrorism against the Hindus. The meeting appealed to the Christians not to submit themselves to the dictates of the `extra-territorial’authority of the Pope.

The RSS called upon the Hindus, particularly Swayamsevaks, to be vigilant about `anti-national and terrorist’ Christian groups, posing a threat to the country’s internal security. It urged the Government to take strong measures against said groups. In a separate resolution, the RSS condemned Pope John Paul II’s statement criticising Indian states’ legislations banning conversions of the Hindus by missionaries.

The executive declared that such conversions were a direct challenge to the sovereignty of the country (It is significant to mention that the Pope had just said that `free exercise of the natural right to religious freedom was prohibited in India’. Besides, the right to change one’s religion is enshrined in the UNO’s Charter of Human Rights, also). It urged the Centre to lodge a protest with the Pope for exhorting the Christian missionaries to carry on their campaign of conversions defying the law of the land.

RAW officers’ confessions: Some Indian diplomats and RAW’s cover officers have made startling revelations in their books about involvement in insurgencies or terrorism in neighbouring countries. . For instance, RK Yadav, and B. Raman (The Kaoboys of R&AW: Down Memory Lane) make no bones about India’s involvement in Bangladesh’s insurgency. They admitted that India’s then prime minister Indira Gandhi, parliament, RAW and armed forces acted in tandem to dismember Pakistan. Raman reminds `Indian parliament passed resolution on March 31, 1971 to support insurgency. Indira Gandhi had then confided with Kao that in case Mujib was prevented to rule Pakistan, she would liberate East Pakistan from the clutches of Military junta. Kao, through one R&AW agent, got hijacked a plane Fokker Friendship Ganga of Indian Airlines from Srinagar to Lahore. India’s security czar Doval publicly claims that he acted as a spy under a pseudonym in Pakistan for 11 years. In an article, titled How India secretly armed Afghanistan’s Northern Alliance, in Hindu dated September 1, 2019, India’s former ambassador tells about India’s secret support to Northern Alliance. He discloses India’s ambassador Bharath Raj Muthu Kumar, with consent of then foreign minister Jaswant Singh, `coordinated military and medical assistance that India was secretly giving to Massoud and his forces. The support involved `helicopters, uniforms, ordnance, mortars, small armaments, refurbished Kalashnikovs seized in Kashmir, combat and winter clothes, packaged food, medicines, and funds’. These supplied were `delivered circuitously with the help of other countries’ or ` through his [Masssoud’s] brother in London, Wali Massoud’. The less said about Kalbushan Jadhav, the better.

Mujeeb, a `terrorist’: Roedad Khan, in his book Pakistan: A Dream gone Sour’ ( page 70) writes Agartala Conspiracy Case was withdrawn, not because the prosecution case against Mujeeb was weak, but because over a million people were out on the streets of Dhaka, several government offices and the houses of ministers including Kawaka Shahabuddin’s house-were burnt. .Ayub had no choice but to withdraw the case’.

`Free Balochistan’: Through its proxies like Naila Baloch, India sponsored offensive posters on taxi cabs and buses in Switzerland and Britain. USA has recently outlawed Balochistan Liberation Army. However, earlier, in 2012, a handful of Republican had moved a pro-separatist bill in US Congress. It demanded `the right to self-determination’. Diplomat Bharath Raj Muthu Kumar’s involvement in anti-Pakistan/taliban activities as well known.”

Pushtun Tahafuzz Movement: Pushtun Tahafuzz Movement is apparently being backed up by India. In their over-ebullient speeches, PTM’s leaders openly scold Pakistan’s National Security institutions. For instance, Manzoor Pashteen, in his interview (Herald, May 2018, p.48), berates Pak army operations and extols drone strikes. He says, ‘The army did not eliminate even a single Taliban leader. All the 87 Taliban commanders killed in the last 18 years were eliminated in drone strikes’. At a PTM meeting in Britain, even Malala Yusafzai’s father (Ziauddin), like His Master’s Voice, echoed anti-army sentiments. He said, “Pakistan army and intelligence agencies knew that Fazalullah was a terrorist who continued to operate radio station in Swat’.

Kalbushan Jadhav’s episode: Jadhav was an Indian-navy officer, attached to the Research and Analysis Wing (RAW). His mission was to covertly carry out espionage and terrorism in Pakistan. Pakistan also alleged there were Indian markings on arms deliveries to Baloch rebels pushed by Jadhav. To India’s chagrin, India’s investigative journalists confirmed from Gazettes of India that he was commissioned in the Indian Navy in 1987 with the service ID of 41558Z Kulbhushan Sudhir. A later edition of the Gazette showed his promotion to the rank of commander after 13 years of service in 2000. His passport, No E6934766, indicated he traveled to Iran from Pune under the name Hussein Mubarak Patel in December 2003. Another one of his Passports, No. L9630722 (issued from Thane in 2014), inadvertently exposed his correct address: Jasdanwala Complex, old Mumbai-Pune Road, cutting through Navi Mumbai. The municipal records confirmed that the flat he lived in was owned by his mother, Avanti Jadhav. Furthermore, in his judicial testimony before a Karachi magistrate, Karachi underworld figure Uzair Baloch confessed that he had links with Jadhav. India’s prestigious Frontline reportage (Praveen Swami, February 16, 2018, India’s secret war) surmised the possibility that Jadhav still served with the Indian Navy. Gazette of India Files bore no record of Jadhav’s retirement. India told the International Court of Justice (ICJ) that Jadhav was a retired naval officer. But, it refrained from stating exactly when he retired. The spy initially worked for Naval Intelligence, but later moved on to the Intelligence Bureau. He came in contact with RAW in 2010.

The myth of `revocation’ benefits: The Jammu and Kashmir Reorganisation Bill is no panacea for the region’s prosperity and multifarious problems. It has in fact exacerbated Kashmiri’s misery (lockdown, no food, communication, sense of security).

The Jammu and Kashmir Reorganisation Bill could not plug up `infiltration’ routes. The walnut and apples crops have been destroyed for want of buyers, rain, or immobility. No new jobs. The state already had over 484,901bloated jobs in 27 government departments. Where would Governor Satya Pal Malik absorb announced (August 28, 2019) new 50,000 jobs to be created

in three months. A Global Investor Summit is scheduled to be held in October. It is unlikely that Indian investors, let alone global, will come to the Union Territory in an risky environment.

Azad Kashmir: One of the outcomes of the reorganisation legislation is the renewed claim to “Azad Kashmir”. In the IHK’s 114-seat assembly, 24 have been kept aside for Azad Kashmir.During the debate in Parliament on the resolution on the Union Territories of Jammu and Kashmir and Ladakh, Home Minister Amit Shah mentioned that the region included “Pakistan Occupied Kashmir” and that “we would be willing to sacrifice our lives for it” (that is, having it within the boundary of India). At a public event, a few days later, India’s defence minister Rajnath Singh said that “in future, if talks are held with Pakistan, they will be on the issue of Pakistan Occupied Kashmir and no other issue”.

Gilgit and Baltistan Tensions: they are closer ethnically to Kargil, which has a mosaic of distinct ethnic and religious groups from the rest of the undivided State.

International fallout:

Informal discussion of the issue in a closed-door format at the Security Council led to no resolution. Yet, it is a source of concern to India. As soon as the situation becomes a threat to peace and security, P-V and security council would spring into action.

China is executing several infrastructural projects in Gilgit and Baltistan bordering Ladakh and Azad Kashmir. The U.S. position tilts in Pakistan’s favour for consideration of Afghanistan exit. Pakistani diaspora in Britain and sikhs may increase Pakistan’s leverage.

Internal tensions and dissensions within IHK:

The supporter and detractors of abrogation are now rigidly polarized. The pro-abrogation camp is frightened by demands in Jammu, including by local BJP leaders, to de facto continue the current practice of allowing only current State subjects to buy land or get local jobs.

They have argued for the adoption of domicile rights as prevalent in States such as Himachal Pradesh.

In Ladakh, the tensions are already visible between the Buddhist-majority Leh and the Shia-majority Kargil districts. While Leh is in a celebratory mood, a different reality prevails in Kargil. There are significant minorities in both districts. Leh got its Autonomous Hill Council in 1995 when the State was under President’s Rule. Then people from Kargil opposed a collective Ladakh Council for Leh and Kargil. This was preceded by long bouts of tension between the two districts. In 2003, chief minister Mufti Mohammad Sayeed decided to give Kargil its own council. In a memorandum to the Governor on August 30, 2019, Joint Action Committee Kargil Chairman Sheikh Nazir demanded that the new Union Territory be called Kargil-Leh, the rationale being that Leh had become synonymous with Ladakh. On the other hand, the Ladakh Buddhist Association (LBA) wrote to home minister Amit Shah seeking protection of the Buddhist community in Kargil. The letter written by LBA president P.T. Kunzang accused Sheikh Nazir of instigating communal tension in the region. Too, like the people of Jammu, the people of Leh want a check on outsiders acquiring lands and jobs in the new Union Territory.

Dalit residents of the State also are demanding permanent resident Certificates (PRCs). Over 1, 50,000 refugees who came from neighbouring Sialkot in 1947 also are clamouring for PRCs.. On February 8, 2007, the IHK’s Legislative Assembly rejected a bill giving them the right to become citizens of the State. Speaking in the Assembly, the then State Finance, Law and Parliamentary Minister, Tariq Hamid Karra, said: “We have full Assembly sympathies for West

Pakistan refugees. But the matter has to be resolved in a consensual manner as it has many dimensions.” A similar demand for PRCs was made by a section of the Dalit (Valmiki) community. Its members had come from the Gurdaspur and Amritsar areas of neighbouring Punjab province in 1957 to work as sweepers because sweepers in Jammu and Kashmir had gone on strike.

Nuclear Armageddon: A fair worry? Pakistan’s prime minister Imran Khan warned war

between the nuclear rivals could `have consequences for the world’ (Washington Post Sep 27, 2019) Kashmir is the flashpoint that triggered the past wars in 1948, 1965, 1971 and 1999, besides a quasi-war or the military standoff in the years 2001-2002. It is the real casus belli between the two next-door nuclear-capable neighbours. Even today, it remains the nuclear tinderbox. India wants the issue to remain on the back-burner, but Pakistan wants its early resolution. John Thomson, in his article ‘Kashmir: the most dangerous place in the world’ has analyzed whether it is a myth or reality to perceive Kashmir as the most dangerous place in the world (Waheguru Pal Singh Sidhu, Bushra Asif and Cyrus Samii (eds), ‘Kashmir: New Voices, New Approaches’). He has given cogent arguments to prove that the Kashmir issue could once again spark another Indo-Pak military confrontation with concomitant risks of a nuclear war.

Most western analysts, also, do not rule out the possibility of a nuclear war because of the Kashmir dispute. Carnegie Endowment for International Peace has, inter alia, pointed out that ‘avoiding nuclear war in South Asia will require political breakthroughs in India-Pakistan’. The earlier India revamps its attitude to Kashmir dispute, the better. India is stoking up entente by alleging that Pakistan is air-dropping munitions in East Punjab through drones (Pakistan, drone, Punjab Police, Punjab, State Special Operations Cell, NIA,The Statesman September 27, 2019).

India’s forte: Modi assures the world that India is headed for a five-trillion-dollar economy. He is a Buddha incarnate, a doyen of world peace. Some of his slogans may nevertheless be hollow. India has seen numerous slogans in 16 general during 72 years of independence_ Nehru’s slogan of “aaraam haraam hai.” (rest is not kosher), Lal Bahadur Shastri’s “jai jawan jai kisan” (long live farmer, long live soldier), Indira Gandhi’s “garibi hatao” (eradicate poverty), post- 1977 echo of “Indira hatao, desh bachao” (remove Indira, save the country), post-Indira-assassination (October 31, 1984) “jab tak suraj-chaand rahega, Indira tera naam rahega” (till sun and moon shines Indira will live on) , BJP (1996) slogan “sabko dekha baari-baari, abki baari Atal Bihari” (now it’s Bihari’s turn), BJP (2014) “achchhe din aane waale hain” (good days are in the offing), BJP (2019) Modi hai to mumkin hai (If Modi is there, then it’s possible), jal sey nal jal shakti (water power), jal jeevan (water is life ), ayushman bharat’ (happy India) and swachh bharat (clean India). . Prime Minister Narendra Modi was ‘Global Goalkeeper Award’ for the Swachh Bharat Abhiyan launched by the government. The world is enamoured of Modi’s reformist programmes.

Pakistan’s foible or Achilles’ heel

Indian propaganda is that Pakistan is headed for bankruptcy. Invisible `establishment’s rule’ has ruined its economy. Some `intellectuals like Ayesha Siddia Agha (author of military inc.) caricatures life-style of Pakistan’s armed forces visa-vis that of the common. Hey make no mention that successive civilian governments did nothing to provide universal healthcare or education to the people. In actual fact, the Military Inc. shares its blossoming profits with its burgeoning civil employees. One sore point however remains. The civilian governments shun defence-paid civilian employees. The civilian health and institutions regard them as pariah, as celestial aliens. Besides they are woefully inadequate to meet the burden of existing civilian employees in various ministries and departments.

The incompetent civilian governments wasted funds on deco rational projects, instead of establishing new hospitals. By a stroke of pen, the government shifted burden of general public to Federal government Services Hospital. As a result, the hospital became good for nothing for both serving civilians and general public. The Mil Inc. is nice enough to extend them medical and educational facilities at par with serving officers till superannuation. But, overpowered by its own load of retirees, the Inc. disentitles them from medi-care upon superannuation. That, unfortunately is the time when the sexagenarians need medi-care, shelter and education most for their children. I, for one, spent over Rs. 60, 000 at Ali Medical for treatment of a `disentitled’ family member without reimbursement. The defence establishment could benevolently extend benefit of `revolving fund’ to their defence-paid employees. In case of fund crunch, their proportionate share could be extracted from civil-hospitals budget. As a last resort, this fund could be insurance- or contribution (50% department, 50% retiree) –based. This is how the defence establishment could snatch away one propaganda lever from hands of `Inc.-bashers. The contributory or insurance based formula could be extended by do-nothing civilian governments to all citizens.

Pakistan government could learn a lot from Ayusman Bharat and Thailand’s success in achieving universal healthcare in 2002. Thai lesson stressed importance of tight control within very limited resources at their disposal. They built a careful architecture which allowed them, through their Health Intervention and Technology Assessment Program, to clearly specify medically validated protocols and associated prices for all the available services, including diagnostics and medicines.

A few words about housing. Like Defence Housing Authority, two civilian bodies, federal government Employees’ Foundation and Pakistan Housing Authority, are supposed to cater for shelter needs of retired civilian officers. The DHA allots plots and flats to all military officers according to strict criteria. So is not the case with civ bodies. I, for one, have not been allotted any plot or flat despite 40 years of service. Look at my misery, a septuagenarian with heart, diabetes and kidneys ailment. Instead of following date-of-birth/retirement criterion, the civilian housing authorities allot plots only to Grade 22 officers, for sure, leaving other in the lurch. It is unfortunate that civilians devolve blame for their incompetence to the Inc. India propagates that defence allocations are lopsided.

Inference:

Conflict of interests and war are natural to communities, societies and countries. Lasting peace has been unprecedented in history. A bitter lesson of history is that only such states survived as were able to strike a balance between constraints of security and welfare. Garrison or warrior states vanished as if they never existed. Client states, living on doles from powerful states, ended up as banana republics. We should at least learn from the European security experience.

Just think of what great status were empires like Austria-Hungary, Spain, Portugal, the Netherlands, Sweden and Tsarist Russia (exposed to the 1917 revolution) and even the erstwhile USSR.

A common feature of all strong states had been that they had strong harmonious military and civil institutions, de jure capability to defend their territory and policies that favoured the citizenry rather than dominant classes _feudal lords, industrial robber barons and others. Pakistan needs to weed tout mafias, put its economic house in order, and provide, at least, universal healthcare to its people.

The clusters of sub-sets around the hegemon, with unequal capabilities may not share US vision. USA’s hegemony is imperiled by Venus effect, fanaticism (terrorism), political fragmentation of hegemon’s society, and chemical-biological terrorism. USA pampered India to be its proxy in the sub-continent. But she is tight–rope balancing Iran, Russia, and China.

EU experience shows how weak but intelligent states coalesced to ensure their survival by constraining the hegemon. Alternatively, they would have been on hegemon’s bandwagon in a subordinate position. India should read the writing on the wall and coalesce toward Pakistan.

Bio-page

Mr. Amjed Jaaved has been contributing free-lance for over five decades. His contributions stand published in the leading dailies and magazines at home and abroad (Nepal. Bangladesh, et. al.). He is author of seven e-books including Terrorism, Jihad, Nukes and other Issues in Focus (ISBN: 9781301505944). He holds degrees in economics, business administration, and law. His article `Rampant corruption in India’ is archived with Transparency International, `Belt-Road initiative moderndiplomacy.eu‘, with Kennedy Centre, USA, `Chanakya’s Misprint on India’s foreign policy” with People’s Review Nepal.