- Pakistan has run away from 1972 Shimla Agreement
- Iron is hot & Pak is weak- Time for NDA-III to prove Dr Farooq wrong by getting POJK vacated
DAYA SAGAR
The only dispute / differences that India has with Pakistan is the illegally occupied areas of Indian state of J&K in 1947/48 and all other socio- economic issues that are often listed in the parleys / agreements / meetings between two countries are in comparison only ancillaries of very minor significances.
It has been over 77 years since 1st January 1948 when India had approached United Nations Organisation with a complaint (under Article 35 of the Charter of the United Nations) against Pakistan (for having attacked the Indian territories in the State of J&K that acceded to India Dominion on 26th October 1947). And as far as UNSC resolutions after the complaint were concerned they appeared just a drag on process like was even the UNSC Resolution 307 of 21st December 1971 that instead of asking Pakistan to vacate in ‘routine’ the territories of India including that in Indian state of Jammu & Kashmir had demanded that a durable cease-fire be observed until withdrawals could take place to respect the cease-fire line in Jammu and Kashmir which was surely contrary to Indian claims worth treating Pakistan as an aggressor.
India and Pakistan have fought three more wars after 1947/48 ( 4th April1965- 23 Sept 1965; 3 December to 16 December 1971; 26 May 1999 to 26 July 1999). Not only that asalso informed / confirmed in written reply to Q-32 in Lok Sabha on 12th Dec 2018 by GOI , under the so-called ‘Boundary Agreement’ signed between China and Pakistan on 2 March 1963, Pakistan has even illegally ceded 5,180 sq. kms of Indian territory in Pakistan Occupied Jammu and Kashmir to China. After 1965 war India had even returned captured Haji Peer to Pakistan. Not only that even after 1971 India has ceded some more area to Pakistan ( Chamb Niabat of Jammu District to Pakistan ).
In the written reply to Lok Sabha Starred Question NO.32 of Dr. Kirit Somaiya MP (a) whether the Government has asked Pakistan at diplomatic level to vacate all illegally occupied areas of Kashmir;(b) if so, the details thereof;(c) the details of the areas in Kashmir under illegal occupation of Pakistan till date;(d) whether Pakistan has reverted and taken initiative to vacate the illegally occupied areas of Kashmir; and(e) if so, the details thereof? on 12.12.2018 Government of India had said through the Minister for External Affairs that< “India’s consistent and principled position, as also enunciated in the 1994 Parliament Resolution adopted unanimously, is that the entire State of Jammu and Kashmir has been, is, and shall be an integral part of India. Pakistan has been in illegal occupation of approximately 78,000 sq.km of Indian territory in the State of Jammu & Kashmir. Under the so-called ‘Boundary Agreement’ signed between China and Pakistan on 2 March 1963, Pakistan illegally ceded 5,180 sq.km of Indian territory in Pakistan Occupied Jammu and Kashmir to China. We have repeatedly and consistently called upon Pakistan to immediately vacate all areas under its illegal occupation, most recently on 30 November 2018.Pakistan continues to be in illegal and forcible occupation of a part of the Indian State of Jammu and Kashmir.”>.
No doubt the then Minister for External Affairs did say that India had on 30th November 2018 also called upon Pakistan to immediately vacate all areas under its illegal occupation but the Government of India did not pointedly elaborate where and at what level India has asked Pakistan on 30th November 2018 to vacate the areas of Indian State of J&K occupied in 1947/48 by Pakistan and what has been the reply from Pakistan.
More so as regards the 22nd February 1994 Parliament resolution that had in a way in the style of something like facts & reasons reiterated that 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 ( of at course otherwise also required in terms of Art-1 of Constitution of India and Section-3 of the then Jammu & Kashmir Constitution ) , but what the spirit of the 22 Feb 1994 resolution was that it was resolved ( demanded from Pakistan) that Pakistan must vacate the areas of the Indian State of Jammu and Kashmir, which they have occupied through aggression. And Government of India had to get the operative part of the resolution (“Pakistan must vacate the areas of the Indian State of Jammu and Kashmir, which they have occupied through aggression”) executed and that part of the resolution has so far remained unsaid & un executed at the level of GOI. I do not find any where even after 22nd Feb 1994 where GOI at any level (PM or FM level) have pointedly asked Pakistan with force to vacate occupied areas by a particular date since the issue is more than 77 years old now .
It is not out of place to also mention here that it was on 16th November that 2017 that then Union Minister Hansraj Ahir had said on the sidelines of function in Delhi that Pakistan-occupied-Kashmir is a part of India, due to the mistakes of the previous governments it has been with Pakistan and If we try to get “PoK” ( POJK) back, no one can stop us because it is our right. How long shall we keep on blaming the earlier governments of 1950s or so ?
The question that agitates common minds is why has not Government of India tried to get back ‘POK'( POJK) areas when UN has failed for more that 7 decades to execute Indian complaint outside routine negotiations and Pakistan has been repeatedly acting directly or indirectly to violate the peace & tranquility on the Indian side of IB & LOC. Enough is enough , is it not time now , particularly after 22nd April 2025 , to advise Pakistan in the interest peace and prosperity to vacate the POJK areas of India by a particular date &prove those also wrong who suggest that for peace & stability in J&K possible solution could be converting LOC into a regular international border or settle through negotiations by holding talks with Pakistan?
To be continued
(The writer is a Sr Journalist & analyst of J&K Affairs)