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Parliament Resolved on 22nd Feb 1994 Demanding that Pakistan Must Vacate POJK & it is for GOI to Execute
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Narendra Modiji made a fair use of Art-370 in 2019 – Hope he also executes 22nd Feb 1994 Parliament Resolution
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1947-POJK DPs who were “promised” return to their ‘parental’ hearths might have grown to 1,50,000 Families
DAYA SAGAR
The February 1994 Resolution of Indian Parliament had demanded that Pakistan must vacate the areas of the Indian State of Jammu and Kashmir, which “they” have occupied through aggression; and resolved that all attempts to interfere in the internal affairs of India will be met resolutely.
In reply to Rajya Sabha unstarred question NO.†2957 by Shri Javed Ali Khan MP (” Will the Minister of Home Affairs be pleased to state : (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”> Minister of State in the Ministry of Home Affairs (Shri Hansraj Gangaram Ahir) had replied on 21 March 2018 < ” The Government of India’s principled and consistent position on the issue of Jammu and Kashmir is that the entire State of Jammu and Kashmir is an integral part of the Indian Union. A part of the territory of the State is under the forcible occupation of Pakistan. This position has been reaffirmed by the Resolution on Jammu & Kashmir adopted by the Parliament of India on 22 February, 1994. India is committed under the Shimla Agreement and the Lahore Declaration, to resolve all issues with Pakistan peacefully through bilateral discussions”>. But Government reply did say about progress made in nearly 24 years even after 1994. The reply was also not much different to Lok Sabha Q* NO.32 ( Illegally Occupied Areas) 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?} The Minister for External Affairs (Shrimati Sushma Swaraj) had tabled the reply on December 12, 2018 by as <” 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.kms 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.kms 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.”> Minister did not tell where & when India had asked Pakistan to vacate occupied areas by a nominated date ? Once again in reply to Lok Sabha unstarred Q. No 2977 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? } the Minister of State MEA Shri V. Muraleedharan on 11th March 2020 in a written had said t<” . Government’s consistent and principled position, as also enunciated in the Parliament resolution adopted unanimously by both Houses on 22 February 1994, is that the entire Union Territories of Jammu & Kashmir and Ladakh have been, are and shall be an integral part of India. 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, and to put an end to the human rights violations and desist from continued attempts to bring material change in these territories.”. But here too no specific details were given of steps taken and complicate by Pakistan.
After 1994 once again war was initiated by Pakistan in 1999 along Ladakh region of J&K but that too ended in only throwing out the Pakistan intruders / forces from areas intruded in 1999, the 1947 POJK areas still remained un retrieved and 22nd Feb 1994 resolution demanding that Pakistan must vacate POJK too remained un executed.
22nd Feb is being observed as Sankalp Divas and every year and many leaders/ societies/ association/ institutions do observe this day holding seminars / public functions and some in their wisdom appear to profess that on 22 Feb 1994 Indian Parliament had resolved that The State of Jammu & Kashmir has been, is and shall be an integral part of India where as in real spirits Parliament had declared ( in a way reiterated ) “That The State of Jammu & Kashmir has been, is and shall be an integral part of India ” ( see Art-1 of Constitution of India 1950 / Section-3 of J&K Constitution). Where as resolution was that ” Pakistan must vacate the areas of the Indian State of Jammu and Kashmir, which they have occupied through aggression;”.
So, observing 22nd Feb as Sankalp Divas is to remind that People of India had about 3 decades back through a parliamentary resolution demanded that Pakistan must vacate the occupied areas of J&K & resolution is still unexecuted by the Government of India.
It is now more than 3 decades of the said Resolution and nearly 7 decades about 45000 to 50000 families facing communal genocide were displaced from the areas of the Indian (princely) State of J&K who have not been even given the claims of the properties / assets left behind in POJK since their return to their ‘ancestral’ hearths has been promised by GOI .It is not out of place to mention here that the then Prince of State of J&K had acceded to India nearly 75 days after 15 Aug 1947 and that too after the Princely state was attacked by ‘Pakistan’ on 22nd Oct 1947 from Muzaffrabad side, had he acceded in August 1947 there would have been no POJK. POJK DPs 1947 had to run for life leaving behind almost all of their physical assets, almost some member of every household losing a parent / becoming a victim of rape / losing a kin / living in relief camp separated from others family members. No any regular registration count was neither made by GOI nor State government after POJK DPs managed to reach safer areas in J&K /other India states. Many of these families who were denied claims of properties left behind (GOI pleading POK is a part of India but any action to register the property claims could give rise to the feeling that Government have given up the hope for the return of the territory held by Pakistan) were not given a meagre ex gratia relief of even equivalent of Rs.3500 per family in 1960s. Not only that some of the families who were though recorded as from POJK areas ( Mirpur/ Muzaffrabad/’Poonch’/ Kotli/ Bhimber /GB etc ) but had reached Indian states other than J&K had been disowned as residents of ‘J&K state’ even by J&K Government. These ‘1st.Victims’ of Pakistani atrocities/ aggression have not been given even any type of socio economic support like reservations/ concessions and they too are still hoping after 22Feb1994Parliament Resolution that soon GoI will get POJK areas vacated.
So, this day ‘We’ must remind ‘Ourself’ that it is now 75 years of POJK lands being under enemy / foreign occupation and the 1947-POJK DP families might have grown to atleast 1,50,000 family units .It is now nearly 3 decades since even Parliament of India had demanded that Pakistan must vacate the areas occupied through aggression. ‘IT’ is the duty of Government of India to execute the Demand of Parliament made on Pakistan so that when ever now after 22nd Feb 2024 a question in reference to 22nd Feb 1994 comes for reply in Parliament GOI is able make a specific pointed reply as regards (a) GOI having asked Pakistan to vacate all illegally occupied areas of J&K by an appointed date (b) if so, has Pakistan reverted back and taken initiative to vacate the occupied areas (c) if not what action next.
(The writer is a Sr Journalist & analyst of J&K Affairs).