Voicing concern only through UN desk route is not going to make Pakistan behave and yield occupied areas

UN could not execute Indian Complaint for 77Yrs-It is time to make a direct call on Pakistan to move out of POJK by an appointed day?

DAYA SAGAR
“Mein Congress Party Ko Kehna Chahta Hoon,Pak occupied Kashmir Aap Ne Diya Tha, Magar Lene Ka Kaam Bhartiye Janta Parti ki Sarkar Hi Karegi”,” has said Home Minister Amit Shah in the Rajya Sabha on July 31, 2025, the 4rth day of debate on Operation Sindoor and since operation Sindoor is still live the resolve of “BJP’ Government has made more live the hopes of lakhs of POJK DPs-1947 families for return to their lands left behind in 1947when they were displaced from their hearths by Pakistani invaders.
The then Representative of India to United Nations Organisation had on 01-01-1948 filed a complaint before President of Security Council in terms of the instructions and text of the said complaint received by him through telegram from Government of India Dominion ( Government of India).The brief of para -1 of the complaint went like <“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” >.
In a way even after that still a low intensity war continued between India and Pakistan till on 1st Jan 1949 ceasefire was officially called. After that India has fought three high intensity wars with Pakistan .UN could not get the occupied areas vacated ‘from’ Pakistan and position has not yet changed even till June 2025.
After 1st January 1948 complaint and ceasefire of 01-01-1949 there was 1965 Pak initiated Indo -Pak War and then was again 1971 Indo -Pak where in Indian forces didenter Pakistan and although a new republic of Bangladesh was born out of Pakistan but Pakistan Occupied areas of Indian State of J&K( POJK) still remained unrecovered / freed from Pakistan.
Instead 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. The 1947 families (then over 40000 families local ) displaced from the areas of Indian state of J&K occupied by Pakistan ( Kashmir Valley 28% area) & Ladakh Region ( 41% ) and Jammu Region 27.5 % ) who have not been even given the claims by GOI for the assets/ properties left behind since they are not taken as ‘ 1947 refugees from Pakistan’ but are taken internally displaced persons from some parts of Indian state of J&K and since it has been the policy of Government of India to rehabilitate them back in their parent villages/ cities after freeing the areas from Pakistan they are still hopefully waiting for retrieval of their ‘lands’ even after over 77 years now. There another about 10000 families of 1965/1971 times who have displaced during 1965 & 1971 from areas under Pakistan control.
Not only that with the anti India designs of Pakistan over 60000 families ( comprising of ‘State Subjects/ Permanent Residents’ of J&K and some non- permanent residents of J&K ) were forced to desert their homes/ hearths in Kashmir Valley in 1989-1990s and since normal and secure social/civic environment could not be restored they are also staying away from their hearths for over 35 years now.
With Kashmir Valley in particular the areas along the LOC being violated through direct/ indirect activities steered by Pakistan Government large amount of material / emotional/executive energies of government pf India are being consumed in attending to Kashmir valley related political/ separatist/militancy/social issues where by the other areas of erstwhile state of J&K have also suffered of lack of attention / development in almost all sectors and particularly in horticulture/ agriculture, tourism, public infrastructure , employment generation, local crafts & industry and even surface transport links include rail.
If we go by the UN resolutions1like UNSC resolution -47 of 21 April 1948 ( that asked for Pakistan to use its “best endeavours” to secure the withdrawal of all tribesmen and Pakistani nationals, putting an end to the fighting in the state ) it could be clearly read that UN had then recognised Pakistan as aggressor and had that not been like that UN would not have asked Pakistan to pull back all its forces as well as the infiltrators that were entering/ had entered from Pakistan side. But ButPakistan did not start first actions that were needed as per Resolution -47 of 21 April 1948. Even nearly upto 77 years after that UN has not been able to make Pakistan withdraw . UNO has in a way failed to do its duty towards International community of which India forms the part .
Which was why instead of the 1947 POJK DPs returning back to their ‘hearths’ in POJK areas Government of India had to see another mass migration of local Kashmir Valley population with nearly total Hindu population coming out for saving life & honour in 1990. Pakistan has continued to support and promote anti India elements and operations. In a way UNO has remained ineffective.
So it will not be unfair to infer that the then Narasimha Rao Ji Government ( Pamulaparthi Venkata Narasimha RaoPM 21-06-1991 to 16 -05-1996; Congress MPs 252 and BJP MPs 121 ) too would have sensed that voicing concern only through UN desk route is not going to make Pakistan behave and yield occupied areas. So it was on 22 February 1994 that Parliament of India while noting with deep concern that Pakistan instead of honoring UN resolutions had continued providing training support/ provisions to terrorists in camps located in Pakistan and Pakistan Occupied ‘Kashmir’/ providing material assistance to foreign mercenaries/ facilitating infiltration into J&K / material & moral support to fringe separatist elements had sent a direct message to Pakistan through a Parliamentary Resolution that such activities /plans on the part of Pakistan were against the internationally accepted norms of inter-State conduct as also violation of the 1972 Shimla Agreement keeping in view that the State of Jammu & Kashmir has been, is and shall be an integral part of India and demanded (asked) that Pakistan must vacate the areas of the Indian State of Jammu and Kashmir, which they have occupied through aggression…To be brief Parliament of India had on 22-02-1994pointedly demanded/asked that Pakistan must vacate the areas of the Indian State of Jammu and Kashmir, which they have occupied in 1947 through aggression. And then it was for Executive( Government of India ) to execute what Parliament had asked Pakistan to do ( Pakistan must vacate).
But 1947 POJK areas still remained unrecovered and the 22nd Feb 1994 resolution remained unexecuted. India government has not done that (asked Pakistan pointedly) in black and white to vacate POJK areas by an appointed date till date (even nearly 30 yrs after that) which has surely been due to India being a votary of peaceful negotiations. So also is the question that needs to be further resolved and found answer in the meantime without losing any more time is what be done in case Pakistan does not respond to peaceful negotiations & notice for vacation by an appointed day and even UN remains ineffective?
To be continued
(The writer is a Sr Journalist & a known analyst of J&K affairs)