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A good background information on Kashmir -- Sandeep (From "The green of the valley is Khaki" - Women's testimonies from Kashmir Women's Initiative, Bombay, June 1994) Authors: Gouri Choudhry, Ritu Dewan, Manimala, Sheba Chhachhi. 9. "We are occupied from Both Sides" The history of Kashmir is replete with invasions and colonial rule over centuries from the time of Alexander the Greek. Kashmir lost its independence to the Afghans and Mughals four centuries ago. The Kashmiris today show a determination to break out of this psyche of enslavement to regain their self esteem. We found that there was a great deal of unanimity in people's perception of their post- 1947 history. The roots of the movement in Kashmir lie in this perception. Kashmir is strategically located in the Himalayas to the north of India and north east of Pakistan. India and Pakistan have disputed over this territory since 1947. 'We are occupied from both sides," said a member of the Khawateen Markaz (women's centre), dividing families along the line of control. 7he dream of uniting with Azad Kashmir (POK) has become a political demand, and has been reinforced since the fall of the Berlin wall. Prior to August 15, 1947, the Indian subcontinent was divided broadly into "British India", which was ruled directly by the British, and the Princely states, of which the state of Jaminu and Kashmir was the biggest. Seventy seven per cent of the state's population was Muslim. It was ruled by a Hindu king, Raja Hari Singh. Religious allegiance formed the basis for India's partition in 1947. The state of Hyderabad was annexed by army action under the direction of Vallabliai Patel. In a number of princely states -- as in the case of Junagadh, India held that the accession of the state should be decided on the basis of the will of the people. Accordingly a plebiscite was held in Junagadh in February 1948 in which the majority cast their votes with India. In the case of Kashmir, the only Muslim majority state, the Indian government accepted the principle, but adopted dilatory tactics in implementing it. The government of India's statement dated October 5, 1947, said: "Any decision involving the fate of a large number of people must necessarily depend on the wishes of these people. This is the policy which the government of India accepts in its entirety and they are of the opinion that a dispute involving the fate of the people in a territory should be decided by a referendum and plebiscite of the people concerned. This is a method at once democratic, peaceful and just. " However, in the case of Kashmir, the government of India asked Maharaja Hari Singh to decide on the issue of accession to one of the two countries. Accession Maharaja Hari Singh had not yet decided upon the issue of accession or independence for the state between August 15 and October 26, 1947, before which the state was invaded by tribals from the North West Frontier Region on October 22, 1947. Unable to fight back on his own, Maharaja Hari Singh sought India's assistance. India declined to help unless the king acceded the state to India. This accession was to have been provisional and temporary, until a plebiscite or referendum could be held. Pakistan overpowered the Maharaja's forces and took over the northern territories, Gilgit and Hunza, and formed "Azaad Kashmir", i.e. Pakistan Occupied Kashmir. After the signing of the Instrument of Accession, the Indian government sent troops to Kashmir and used this opportunity to enter Kashmir. However, the people rebelled against the signing of the Instrument of Accession. Hari Singh fled soon after. The people of Kashmir have been struggling to achieve freedom since 1931 from the fe! udal yoke of Hari Singh. The Pakistan government demanded a plebiscite claiming that Kashmir should accede to Pakistan. U.N. Resolutions On January 1, 1948, India officially referred the matter to the United Nations Security Council. After discussion, on January 20, 1948, a three-member commission (later increased to five) was established to investigate the facts of the matter. The resolution noted: "... with satisfaction that both India and Pakistan desire that the accession of Jammu and Kashmir to Pakistan or India should be decided by a democratic method of a free and impartial plebiscite." (Interestingly, by this time India, Pakistan and the U.N. had dropped the third option -- of an independent Kashmiri nation). 'The commission was directed to proceed "with a view to facilitate taking of necessary measures both for restoration of peace and order and holding of plebiscite by co-operating with one another and with the commission." On August 13, 1948, the UN Security Council passed a three part resolution: the first part relating to the cessation of hostilities; the second part of demilitarisation by occupation forces, and the third to plebiscite. The UN commission held numerous meetings to finalise the holding of the plebiscite. Even while the U. N. Commission was mediating on the issue the government of India admitted representatives of the state of Jammu and Kashmir into the Constituent Assembly. Thereafter, it adopted a Constitution in which Article 370 incorporated provisions for provisional access to India, in keeping with the treaty of accession signed between India and Maharaja Hari Singh on behalf of Jammu and Kashmir. In a letter dated November 21, 1949, the secretary general of the external affairs ministry clarified India's stand: "While the Constitution of India, which inter alia provided for the relation of acceding states to the government of India was under consideration, it would have been unfair to the government and the people of the state of Jammu and Kashmir to deny them the opportunity of participating in the discussion of that Constitution. Such participation was intended to, and does not, in fact, after the Government of India's determination to abide, in the matter of accession by the freely declared will of the people of Jammu and Kashmir. Should that will be against the state continuing to be part of India, if and when it comes to be expressed in a constitutional way, under conditions of peace and impartiality, the representation of the state in the Indian parliament would automatically cease and the provisions of the Constitution of India that govern the relations of the state of Jammu and Kashmir with the union of India will also cease to operate." Article 370 Article 370 of the Constitution of India makes the following provisions with regard to the state of Jammu and Kashmir: 1. That Article 370 of the Constitution of India was intended to be a temporary provision in respect to the state of Jammu and Kashmir. 2. That the power of the Parliament to make laws for the state shall be limited to matters specified in the Instrument of Accession. The subjects specified in the Instrument of Accession were defence, external affairs and communications and any other matter with the concurrence of the Government of the state. 3. The provisions of the Indian Constitution are applicable to the state only if it is in consultation with the government of the state. Article 370 (2) further provides that if the concurrence of the state government is to be taken before the constituent assembly for framing the Constitution of Jammu. and Kashmir state is convened, then it would have to be placed before such assembly for its decision. Article 370 (3) further provides that the recommendation of the state assembly is necessary for the President of India to declare that Article 370 shall cease to be operative. Thereafter, numerous amendments were made to Article 370, which increased the powers of the central government vis a vis the state of Jammu and Kashmir. By the Constitution (Application to Jammu. and Kashmir) Order, 1954, Article 252 of the Constitution was amended to provide that no decision be made by the government of India without consent of the government of the state. The Constituent Assembly of Jammu and Kashmir The Jammu and Kashmir Constituent Assembly was formed on November 5, 195 1, and on November 15, 1952 it adopted a constitution. The state of Jammu and Kashmir is the only state to have an independent constitution. According to this constitution the Sadr-e-Riyasat, who is elected to office by the assembly, is the head of the state. Section 92 of this constitution provides that in case of failure of the constitutional machinery, the Sadr-e-Riyasat has powers to issue proclamations for exercising the power of the government of the state. The Jammu and Kashmir constitutional assembly accepted the provisions of Article 370 as an interim and provisional arrangement before a plebiscite could be held. Article 356 of the Indian Constitution also states that any reference to the Constitution in reference to the state of Jammu and Kashmir means constitution of Jammu and Kashmir. The Indian Government Extends its Federal Powers After 1954 the Government of India extended its federal powers to the state of Jammu and Kashmir. Ultimately, vide C. 0. No 93 of 1984, the union government amended Article 248 empowering the Indian parliament with executive powers to make laws with respect to the prevention of activities directed towards disclaiming, questioning or disrupting the sovereignty, territorial integrity of India, or bringing about secession of a part of territory of India from the union. These amendments were directly in conflict with the constitutional position under Article 370 and Article 356 which viewed the entire accession as a provisional and temporary event. Under the original Jammu and Kashmir constitution, the Sadr-e-Riyasat could hold office only if he had resided in the state for a period of 25 years. By a constitutional amendment to the state constitution in 1965, namely the constitution of Jammu and Kashmir (Sixth Amendment) Act 1965, the provision was altered and any person who was a citizen of India and had completed 30 years of age could be appointed as Governor of the state. In fact a constitutional amendment of 1965 introduced wide and far reaching constitutional changes indirectly, acceding to India powers which had not hitherto been acceded to under the Instrument of Accession. Together with making indirect roads into the independent state of Kashmir as envisaged in the Instrument of Accession numerous legislation's came to be introduced which enabled the union of India to assume more executive and police powers in the state. Among them: * In July 1990, the government of India enacted the Armed forces (Jammu and Kashmir) Special Powers Ordinance, 1990, passed as an Act in September 1990. * On July 5, 1990, it passed the Jammu and Kashmir Disturbed Areas Act. * In 1991, the Incitement Offence Act was amended and made more stringent. The Armed Forces (Jammu and Kashmir) Special Powers Act enables the Union of India to deploy armed forces in Kashmir. Against this background, there is a widespread perception that, since 1947, the government of India has been dragging its feet on the plebiscite. The acquiring of special powers enabling it to take military action has meant that the government of India no longer intends to respect its commitment to plebiscite and has decided to resolve the issue by the use of armed force. Elections in Jammu and Kashmir The government of India has Justified its actions on the ground that the integration of Jammu and Kashmir into India has been with the consent of the state. Against this, legal experts hold that the government of the state has no legal authority to transcend the basic structure of the Jammu and Kashmir constitution. But beyond this, there is widespread concurrence on the point that elections in the state since 1947 were rigged and were never free and fair. Such rigged elections had two effects: only those close to the ruling party in Delhi came to power, and the Kashmiri people were further alienated, as they were denied even the right to have their own representatives governing them. Jayaprakash Narayan, writing in the Hindustan Times, on April 20, 1964, had this to say on elections in Kashmir: " At this point two further slogans are raised: a) The people of Kashmir have already expressed their will at three general elections: b) if the people of Kashmir are allowed to express their will, it will be the beginning of the end of the Indian nation. "Both to my mind, are baseless slogans. The elections in Kashmir after Sheikh Abdullah's arrest were neither fair nor free. If that has to be disproved, it can be done by an impartial inquiry and not just by official assertions. Delhi seems to believe that by auto-suggestion, it can establish any fact it pleases. "I may be lacking in patriotism or other virtues, but it has always seemed to me to be a lie to say that the people of Kashmir had already decided to integrate themselves with India. They might do so, but have not done so yet. Apart from the quality of the elections, the future of the state of Jammu and Kashmir was never made an electoral issue at any of them. If further proof was needed, it has come in the form of Sheikh Abdullah's emphatic views who, to put it at the least, is as representative as any other Kashmiri leader. "Lastly, if we are so sure of the verdict of the people, why are we so opposed to giving them another opportunity to reiterate it ? The answer given is that this would start the process of disintegration in the country. Few things have ever been said in the course of this controversy more silly than this one. The assumption behind the argument is that the states of India are held together by force and not by the sentiment of a common nationality. It is an assumption that makes a mockery of the Indian nation and a tyrant of the Indian state." In the name of "patriotism" and "security of the nation" the government of India has always suppressed those who have used even peaceful means to express their demand for self-determination. Sheikh Abdullah was arrested in 1954 and put behind bars for 17 years. Shabir Shah, leader of the People's League, has been in jail for 20 years. Declared by Amnesty International as a "Prisoner of Conscience", Shah was first arrested in 1968, when, at the age of 14, he organised a procession demanding political freedom for the Kashmir's The 1987 elections were the last hope of the Kashmiris to have a democratic government chosen by the people, within the framework of the Constitution of India. The United Muslim Front -- the origin of today's militant groups -- was ousted, even though it had already been announced on All India Radio that it had polled the majority of votes. The rigging was led by Faruq Abdullah, representing the National Conference-Congress combine. The then Governor, Jagmohan, stated in his report to Rajiv Gandhi: "You have won the election, but lost Kashmir." By rigging the 1987 election the Indian government made it clear that it would never allow the representatives of Kashmiri people to come to power through constitutional means. After 1987 the Azaadi movement gained tremendous momentum under the Jammu and Kashmir Liberation Front (JKLF). The JKLF had been founded in 1965 in POK as the National Liberation Front. Its slogan was and is, "Azaadi " - freedom from both India and Pakistan- Its leader, Maqbool But, was arrested by the governments of both India and Pakistan before being hanged under the rule of Indira Gandhi in 1984. The JKLF concept of Azaadi is what the people today have faith in, although many organizations have emerged since 1987. 'The Islamic Students League, which was founded in 1983, was the spawning ground for many of the leaders of the Azaadi movement such as Ashfaq Wani and Hamid Sheikh who were killed in 1990 and 1992 respectively, and JKLF leader Yasin Malik. The ISL, like many other organizations, assumed a political character when it joined the United Muslim Front. The Jammu and Kashmir Trade Union Front emerged in 1991, though it had existed since 1967 under the name of Low Paid Employees Confederation. Representing over three lakh workers in the Valley, it has given up all trade union demands and now focuses exclusively on human rights issues. Since 1991, 500 members of the JKTUF have been killed, 450 picked up for interrogation and another 15,000 dismissed. The General Secretary, Mir Nissar Ali, told us how his house was forcibly converted into a bunker. The President, Ishtiyaq Qadri had his house raided and looted. His polio-stricken, fully handicapped sister was mishandled and harassed. A large number of people from all organisations -- whether economic, cultural, political or religious -- joined the movement for Azaadi. Tens of thousands of people from all sections of society poured out onto the streets: meetings, processions, and demonstrations were held demanding a plebiscite to ascertain the will of the people. The Indian state responded by firing and killing men, women and children to curb their peaceful cry for Azaadi. Repression of and denial of democratic methods of dissent increased tremendously with the return of Jagmohan as Governor. On 20 January 1990, the day after he took over, he stated on Doordarshan: "Agar ab bhi na sambhle, to mere haath se aman ka patta khisak jayega. " And the next day, on 21 January, 1990, security forces opened fire on a 40,000 strong procession, killing 60 people, including women and children. We were repeatedly told of the heroic act of a young student, Faruq, who stood in front of the machine gun, making his chest a shield in order to save the fives of people. "After the Gaunkadal incident, masses of young men came out to join the militants," said the leader of the Islamic Students League. After the arrival of Jagmohan, about two lakh Kashmiri Pandits were evacuated overnight. Many people -- teachers, doctors, neighbours -- told us how the forces escorted the Pandits using military vehicles to move their luggage. And this during curfew hours. "This was done so that Muslims could be killed without Hindus getting hurt," said a journalist bitterly. The General Secretary of the High Court Bar Association told us that the Indian State and its judiciary had become highly communalised and that Kashmiri Muslims could not hope to get justice from the courts. "Even when the TADA courts have given bail orders they have not been implemented." >From 1990 onwards political detainees were taken to jails outside Srinagar. Bar >Association members found prisoners living in inhuman conditions without the minimal facilities provided in the jail manual. Twenty nine forms of third degree torture have been described in their report. Jodhpur Jail is reported to be one of the worst, the treatment of prisoners further brutalised by anti-Muslim sentiments in the BJP-ruled state. The period since 1990 has witnessed a tremendous rise in militancy and in the number of Militant organizations. In the people's perception, since all democratic avenues of protest were closed to them, militant organizations have grown in influence and stature. "There were only 180 militants in the Valley in 1989. Today there are thousands. It is the government of India that has created the conditions for 'man militancy' as no democratic methods of struggle are tolerated. Every procession is fired upon, every Kashmri humiliated. We have been forced to pick up arms to protect our self respect, our movement, to restore peace." The formation of the Hurriyet Conference in July 1993 is an attempt to bring all groups together. The Executive Committee of the Hurriyet told us, "a common political platform is necessary if a political solution is to be reached." Every person we met talked of a political solution. "Why can't the Indian government have a round table meeting with all three parties ? We will stop using the gun if they do too," said Shabir Shah to us when we met him in Jammu Central Jail. Yasin Malik, President of the JKLF, released on May 16, 1994, has publicly reiterated this stand: "all sides should lay down arms and negotiate peacefully." All Parties Hurriyat (Freedom) Conference Srinagar (J&K) Mirwaiz Moulvi Mohammed Umar Farooq, Chairman J&K Awami Action Committee, invited the representatives of various political, social and religious organisations to deliberate on how best a common platform could be established. As a result of these deliberations, 27 organisations decided to form themselves into a union under the name of All Parties Hurriyat (Freedom) Conference in July 1993. Objectives Objectives of the Conference: The Conference for which the All Parties Hurriyat (Freedorn) Conference has been formed shall be as follows:- (I) To make peaceful struggle to secure for the people the State of Jammu and Kashmir the exercise of the right of self-determination in accordance with the UN. Charter and the resolutions adopted by the U.N. Security Council. However, the exercise of the right of self-determination shall also include the right to independence. (II) To make endeavours for an alternative negotiated settlement of the Kashmir dispute amongst all the three parties to the dispute viz. (a) India, (b) Pakistan, (c) People of the state of Jammu and Kashmir, under the auspices of UX or any other friendly countries. Provided that such settlement reflects the will and aspirations of the people of the State. (III) To project ongoing struggle in the State before the nations and governments of the world in its proper perspective as being a struggle directed against the forcible and fraudulent occupation of the state by India and for the achievement of the right of the self-determination of its people (IV) To make endeavours, in keeping with the Muslim majority character of the State, for promoting the building up of a society based on Islamic values, while safeguarding the rights and interests of the non-Muslims. ------------------------------------------------------------------------------------------------------------------------------------------ Statements on Violence " Was it not the gun that brought you here ? No one came when the movement was peaceful. " Asiya, Dakhtarani Milat, Baig, General Secretary, JKLF, a journalist, Shabir Shah, peoples League Kashmir University student, 65 year old villager in Malangam, S Bano, 19 year old student, Tregam village. Head of Department, University of Kashmir " The gun alone does not have brains and eyes. Politics does. The gun only focuses on the problem." "There are three kinds of violence -- tyrannical violence used by the tyrant who wants to retain power against the will of the people. This breeds violence on the other side -- revolutionary violence which is in self-defence. The tyrant responds to revolutionary violence by repressive violence. " Bahauddin Farooqi, ex Chief Justice, J&K High Court and Human Rights activist. " I asked a militant leader, what you seek is good -freedom. But what you are using to achieve it is hatred Can a good end come from bad means ? " A journalist, Srinagar. " Now I have learnt to use a gun. And I have begun training my sister and also all the girls in the village who are all my sisters. It is to protect these sisters that we have to take up the gun. " Firdous, brother of a molested sister, Awantipora tehsil, Pulwarna district. "The BSF man kills because he is paid to -for a salary. The militant kills for a cause." Shakila " Yes, Faujis (forces) are our brothers. Why not ? Don't they have mothers and sisters ? Amina mother of Mohd. Hussain, killed by BSF, Bandipora town. " How can we take compensation from those who kill us ? P.T.M., 68 year old retired army jawan whose leg was amputated. after being shot at in the October 22 massacre, Bijebehara. " When I pass a Shaheed Mazaar, I hear, the voices calling out to me to continue the struggle. If I don't join the struggle, how can I face the parents of those who have been killed for the cause ? " A student-journalist, Srinagar. We want the Pandits to come back They are as much part of Kashmir as us. We promise them Protection if and when they do return." Hurriyat, JKLF, ISL and many others. " Workers, managers, owners, employees -- all are in full agreement that they should all come together on gun the issue of human rights. " Ishtiyaq Qadri, President, Employees Trade Union Front. "We were the first to pick up the gun but our movement, our politics go beyond the gun. The gun only draws attention. It is ultimately a people's movement, a political movement. We want a political solution. " Ghulam Abbas Baig, General Secretary, JKLF " We women too can pick up the gun " Naseem mother of Yasim, jailed almost continuously for the last four years. "Yes. The culture of the gun is bringing in the culture of violence among people. We have to guard against this and struggle against it. " Shabir Shah, People's League " The wind drives us mad. " Bashir Ahmed Bhat, 20 year old student made insane by severe electric shock, torture, Poshpora village. 'My children refuse to enter our house after it was turned into an interrogation centre by the army. They say they can still hear the screams of our neighbours in these rooms. " Mohd. Ranjan Bhatt. "We will not let our men's death go waste. We will become Jhansi ki Raani. " Ratuaba Hasmi. General Secretary, Khawateen Markaaz. " Community makes nation, silencing the community, the nation dies. War takes place. In war, one side wins, the other loses. What neither wins nor loses, but simply dies, is humanity. Human values, human relationships, faith, trust. I fear for the end of all this. I fear that humanity will not survive. " School master, Avanporgaon, Pulwarna district. ==^================================================================ This email was sent to: archive@jab.org EASY UNSUBSCRIBE click here: http://topica.com/u/?a84x2u.a9WB2D Or send an email to: [EMAIL PROTECTED] T O P I C A -- Register now to manage your mail! http://www.topica.com/partner/tag02/register ==^================================================================
