Rebuttal to article 'Why India's announcement on Kashmir is such a serious mistake'
The article “Why India’s announcement on Kashmir is such a serious mistake” authored by Tim Willasey-Wilsey (former senior British diplomat who worked in Southern Africa, Central America and latterly in Asia) was sent by www.academia.edu to Gen JS Bajwa – Editor Indian Defence Review and he rebutted it as:-
Thank you for forwarding this article. It is a very pedestrian view and evidently the Author is unaware of the factual and legal issues involved. Please don’t encourage and publish such below average poorly researched articles.
First. J&K acceded to join the Union of India on 26th October 1947. The then Ruler was confronted by a surprise raid by marauding bands of tribals unleashed by Pakistan on 24th October 1947, on to the territory which was legally Indian territory. The Ruler sought military assistance from Delhi, since that was the Government he was dependent upon now, to fight these raids and attacks .
Second. The unilateral ceasefire declared by India came into affect at mid-night of 31st December 1948. Instead of recapturing the rest of the territory by bloody long drawn military means the then PM approached UN to hasten it up with the eviction of Pakistani supported raiders from the whole of J&K which legally was India’s sovereign territory. But unfortunately a great game played by Britain and US, for their own interest, changed the very nature of the conflict and created a dispute where there was none.
Third. The Indian Constitution was framed and adopted by 562 princely states which acceded to the Union and signed full acceptance of the Constitution on 26th November 1949. The Ruler of J&K had also signed it on 25th November 1949 (the last one to do so) like all others. The Constitution come into effect from 26th January 1950. So to say that there is any doubt in the accession of the erstwhile princely state is gross ignorance and deliberate misinterpretation of the factual legal position.
Fourth. Article 370 and with it 35A were added to the India Constitution under a Presidential Order dated 14th May 1954. It was included without it being passed by 2/3 majority of Parliament. This fact has been deliberately manipulated by the Muslim leaders of the Kashmir Valley because it gave them a leverage to accept from the center only what suited them to maintain their political strangle hold over the state for their own vested interest. It became their fiefdom.
Fifth. After the India-China war of 1962, Pakistan leaped at the opportunity to bandwagon with China which had become India’s new enemy. Pakistan offered China 5180 square km of Shaksgam region of J&K. China accepted that area in a treaty with Pakistan in March 1963. So Pakistan had already started carving out portions of J&K as early as 1963. Pakistan allowed China to undertake project under CPEC in POK violating India’s sovereignty again. It has been changing the demography of Gilgit-Baltistan since 1984.
Sixth. Between 300,000-600,000 Kashmiri Hindus (the original inhabitants of the Kashmir Valley many millennia before the advent of Islam in the region) were terrorised and forced to abandon their homes and leave the Valley in 1990. It was ethnic cleansing abetted by Pakistan to give Kashmir a Muslim character and radicalise the population.
Seventh. What has now been done is by 2/3 majority of Parliament voting in favor to nullify the 1954 Presidential order by which Article was included in the Constitution. This is purely an internal matter of India’s administration. Pakistan can keep ranting over it because it has framed a fraudulent narrative on J&K and mislead its own people since 1947.
Eighth. Now what remains is for India to get back the whole of J&K . That is where it is bilateral. Pakistan should vacate those areas of J&K it has illegal occupied in 1947-48.
I would expect this rebuttal to be suitably acted upon.