To be brief it has been mainly due to the nearly 3 months delayed accession offer of the then princely State of J&K that nearly 50 % of the area of the then Indian State of J&K is today under the unauthorised / illegal occupation of ‘Pakistan’.
India had just attained independence in August 1947, the Indian defence forces were still under the ‘half commands’ of the British officers in October 1947, Pakistani ‘raiders’ had already launched open attack on 22nd October 1947 on the J&K borders on Pakistan side when the Instrument of Accession was signed by the princely state of J&K and like could be quoted as the compulsions /as the reasons for the Indian forces then fighting under many odds to defend the territories where PVC Maj Som Nath Sharma (1st PVC) made extreme sacrifice to defend Srinagar Airport thereby enabling Indian troops to still save large part of Kashmir Valley (72%) & Ladakh Region (59% ) and PVC Naik Yadu Nath Singh ( 2nd PVC) made extreme sacrifice that enabled the Indian troops to save around 72.5 % of the Jammu Region occupation. Through letter dated 1st January,1948, addressed to the President of the Security Council the Representative of India to UN had conveyed that Government of India had instructed him to transmit to him (President of Security Council) the complaint , as received via telegraphic communication , the para -1 of which said <“1. Under Article 35 of the Charter of the United Nations, any Member may bring any situation whose continuance is likely to endanger the maintenance of international peace and security to the attention of the Security Council. Such a situation now exists between India and Pakistan owing to the aid which invaders, consisting of nationals of Pakistan and of tribesmen from the territory immediately adjoining Pakistan on the north-west, are drawing from Pakistan for operations against Jammu and Kashmir, a State which has acceded to the Dominion of India and is part of India. …. The Government of India request the Security Council to call upon Pakistan to put an end immediately to the giving of such assistance, which is an act of aggression against India. If Pakistan does not do so, the Government of India may be compelled, in self- defence, to enter Pakistan territory, in order to take military action against the invaders. The matter is, therefore, one of extreme urgency and calls for immediate action by the Security Council for avoiding a breach of international peace” >.UN could not get the occupied areas vacated from Pakistan and position has not changed even till 2021yet.After 1st January 1948 complaint and for ceasefire of 01-01-1949 there was 1965 Pak initiated Indo -Pak War and then was again 1971 Indo -Pak where in Indian forces did enter Pakistan and although a new republic of Bangla Desh was born out of Pakistan but Pakistan Occupied areas of Indian State of J&K( POJK) still remained unrecovered / freed from Pakistan.Pakistan continued its activities for destabilising development and disturbing peace in J&K through indirect means/ methods supporting the anti India elements / militancy across J&K and till 1994 India had not directly asked Pakistan to vacate POJK and if at all it was, it was voiced indirectly through UN desk route. It was on 22 February 1994 that Parliament of India noting with deep concern Pakistan’s role in imparting training to the terrorists in camps located in Pakistan and Pakistan Occupied Kashmir/ providing material assistance to foreign mercenaries/ facilitating infiltration into J&K appeared like sending direct message to Pakistan through a resolution that such activities /plans on the part of Pakistan were violation of the Shimla Agreement/ internationally accepted norms of inter-State conduct by declaring that (a) The State of Jammu & Kashmir has been, is and shall be an integral part of India and any attempts to separate it from the rest of the country will be resisted by all necessary means; (b) India has the will and capacity to firmly counter all designs against its unity, sovereignty and territorial integrity; and demanding that (c) Pakistan must vacate the areas of the Indian State of Jammu and Kashmir, which they have occupied through aggression; and resolves that – (d) all attempts to interfere in the internal affairs of India will be met resolutely.It was the demand that Pakistan must vacate the areas of the Indian State of Jammu and Kashmir, which they have occupied through aggression that needed to be taken serious note of and thus demand of Parliament was to be executed further by Government of India. As far as declaring that The State of Jammu & Kashmir has been, is and shall be an integral part of India it was just reiteration of Art-1 of Constitution of India / Section-3 of J&K Constitution. And the resolve that all attempts to interfere in the internal affairs of India will be met resolutely too was for GOI to execute not necessarily involving some direct material action. But after 22-02-1994 no wherein record GOI has even formally asked Pakistan to vacate POJK by a particular date.Once again it was a war initiated by Pakistan in 1999 along Ladakh region of J&K that did end in only throwing out the Pakistan intruders / forces from areas intruded in 1999 and 1947 POJK areas still remained unrecovered. No one asked GOI that pointedly about executing 22nd Feb 1994 resolution of Parliament which demanded that Pakistan must vacate POJK. Surely some leaders talked of the Parliament Resolution every year on 22nd February and started observing it as a ‘day’ regularly after 2011 or so, where too most of them introduce the resolution more as Parliament resolving that The State of Jammu & Kashmir has been, is and shall be an integral part of India where as that day it was reiterated the fact that State of Jammu & Kashmir has been, is and shall be an integral part of India ( Art-1 of Constitution of India / Section-3 of J&K Constitution) instead of reminding GOI that Pakistan must be asked to Vacate the occupied areas by an appointed date.In reply to Lok Sabha unstarred question NO.2977 on resolution on POK in Parliament from Shrimati Mala Roy asking:a) whether the Government is aware of a Parliament resolution on PoK; (b) if so, the details thereof and the steps being taken to realise the resolution; and (c) the details of steps taken till date on PoK? it was said on 11-03-2020 by The minister of State MEA Shri V. Muraleedharan that saying ……… Government monitors all developments taking place in the territories of India including in territories that are under illegal and forcible occupation of Pakistan. We have consistently called upon Pakistan to immediately vacate all areas under its illegal and forcible occupation,…. But no specific details were given for steps taken till date on PoK. It was again on 21ST MARCH 2018 that in reply to 2018 Q. No †2957 Rajya Sabha by Javed Ali Khan that : (a) whether Government is still committed to the resolution on Jammu and Kashmir passed by the Parliament on 22nd February, 1994; and (b) if so, the measures taken to liberate Pakistan Occupied Kashmir from Pakistan? The Minister of State Mhashri Hansraj Gangaram Ahir had said <“India is committed under the Simla Agreement and the Lahore Declaration, to resolve all issues with Pakistan peacefully through bilateral discussions.”. Here too no material reply on liberation of POJK. Before that it was on 12-12-2018 that replying to a question in Lok Sabha (*32. Dr. Kirit Somaiya), External Affairs Minister Sushma Swaraj without elaborating on where the issue was raised with Pakistan, said “We have repeatedly and consistently called upon Pakistan to immediately vacate all areas under its illegal occupation, most recently on November 30, 2018,”. No doubt that too was told without elaborating on where the issue was raised with Pakistan.The political leaderships have been using the 22nd Feb 1994 Parliament of India resolution more to “trumpet ” how much they are concerned about the erstwhile State of J&K as Indian territory. For instance a senior political leader was quoted as having said on 22-02-2020 in Delhi that abrogation of Article 370 of the Constitution was a step towards fulfilling the objective of “Akhand Bharat” (integral India) and “Our next objective is to take back the Indian land which is under illegal occupation of Pakistan,”. The referred statement was surely received very pleasantly by Indian Community but even a year after that there has been no reference in public domain where GoI India asked Pakistan to vacate occupied areas of Jammu , Ladakh and Kashmir Regions of erstwhile Indian State of J&K by an appointed date. Still the common man keeps on hopefully hoping that as UNO has failed ,one day India will surely set a firm date before Pakistan for vacating the POJK 1947 areas since unless that is done return of peace and stability in “the J&K” may not be there for more decades.(Daya Sagar is a Sr Journalist and a social activist [email protected])
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