The present study entitled as the “National Liberation Struggle of Kashmiris in the Regional and Global Setting” is aimed at an understanding of the basics of the Kashmir problem which has been hanging fire for the last fifty three years. It revolves round the fact that at the time of independence of the sub-continent, the Princely state of Jammu and Kashmir, having approximately 80% Muslim population, like 565 other Princely states was given a right choice to accede either to India or Pakistan. But the Dogra Maharaja Sir Hari Singh signed a Treaty of Accession with India, under strong Indian pressure. As a result of accession the Indian forces invaded Kashmir and war broke out between the Indian forces and freedom fighters of Kashmir. However, sensing a military defeat, India took the problem to the United Nations Organization, where it was decided that this problem would be resolved according to the wishes of the people of the State through plebiscite under the auspices of UN, India initially agreed to the conduct of plebiscite but after some prevarication categorically refused to abide by its commitment, thus denying the people of Kashmir the right to self-determination. This was a prelude to the annexation of the state by India.
Since then India has been occupying on major portion of the State illegally and against the wishes of the people. The people of the State have fought a silent war for their freedom from 1947 to 1989. However, from 1990 onwards the Kashmiris have taken to arms to wrest their right of self-determination from India, a mini Super Power of South Asia. India, instead of accepting the UN resolutions resorted to repressive methods and major atrocities on the helpless Kashmiris. And to suppress the uprising it has deployed more than six hundred thousand armed forces in the disputed territory. The United Nations Organization, the USA and the world community (including 55 Muslim Countries) are witnessing the killings of helpless Kashmiris at the hands of the Indian occupation forces.
1National Liberation Struggle of Kashmiris from the early 20th Century till to-date.
2Validity / Legality of the Indian claim on Kashmir and her accusation of the liberation movement as terrorism sponsored from across the border (Pakistan).
3Role played by the United Nations Organization (UNO) to solve the issue.
4OIC’s point of view on Kashmir.
5World, specially the Western response to the Kashmir issue.
6Kashmir issue, the main cause of nuclearization of South Asia.
7Atrocities being committed by the Indian occupation forces on Kasmiris to suppress their struggle for independence specially in the wake of the uprising since 1989/90.
8Foreign policy and diplomatic stand of Pakistan on Kashmir.
9Options available for the solution of the Kashmir issue according to the wishes of people of the State under the United Nation’s resolutions.
The State of Jammu and Kashmir, popularly known as ‘Kashmir’ comprises of an area of 84471 square miles. It is situated in the extreme north of the Indo-Pak sub-continent. Touching the heights of Pamir, it is surrounded by India, Pakistan Afghanistan, Tajikistan and China. For the last half a century, India has been illegally occupying a major portion of the State of Jammu and Kashmir and has been committing untold excesses upon the helpless Kashmiris. Being a most dangerous flashpoint in South Asia, Kashmir is the core security issue between Pakistan and India. The unresolved dispute is a bane for peace in the region and it has been a chronic source of three wars and bilateral tension between Pakistan and India. Nevertheless, this dispute has created bitterness and mistrust between the two countries and it has proved a stumbling block to normalization of the India-Pakistan relations. The issue of Kashmir has been the main factor scutting the whole process of economic development can be carried on without resolving the critical issue of Kashmir. This problem has been forcing both the countries to spend large sums of money on defence, instead o welfare of the poor populace of the region.
India gained independence in 1947 under the Indian Independence Act of 17 July 1947, passed by the British parliament, creating two independent sovereign states of India and Pakistan as from 15 August 1947, under article 1 of this Act. However, Article 7 of the Act clearly states that “from the appointed day i.e. 15th August 1947, the suzerainty of his Majesty over the Indian princely States (including the State of Jammu and Kashmir) lapses and with it lapse all treaties and agreements in force at the date of the passing of this Act between His majesty and the rulers of the Indian States, all functions exercisable by his Majesty on that date with respect to India States, all obligations of His Majesty existing at that date towards Indian States or the rulers thereof, all powers, rights, authority or states by treaty, grant, usage, sufferance or otherwise,” It is therefore correct to say that on the 15th day of August 1947, the Maharaja Sir Hari Singh, ceased to be the ruler of the state of Jammu and Kashmir. This title to the State was granted to him by the British Government under the Treaty of Amritsar signed on 16 March 1846 and lapsed on 15 August 1947. This act of accession of India signed by Maharaja Sir Hari Singh on 27 October 1947, is therefore not tenable in law as he was not the ruler of the State any more. This fact must have been known to Lord Mountbatten and his Staff, yet he endorsed this fraudulent act along with the Congress Government.
There have been three wars between India and Pakistan besides a lot of clashes on the LoC since the last fifty three years over the root cause i.e. Kashmir, but the problem remained unsettle. Though Kashmiris started their freedom struggle in the early half of 20th Century in order to get rid of the Dogra rule, yet its actual phase came with the division of the sub-continent in 1947. The Kashmiri leadership itself remained divided on the future of the State at the time of independence of the Indo-Pak sub-continent in 1947. Majority of its population had the strong desire to accede to Pakistan right from the outset due to geographical, religious and cultural similarities. A portion of the State though got freedom in 1947 (Present Azad Kashmir and Northern Areas) but the major portion remained under the Indian occupation. India continued its repressive movement against Kashmiris over the years, which forced Kashmiris to renew their national freedom struggle in 1989/90 as a final round for the independence, which is still on. During this process thousands of innocent people were killed by Indian occupation forces. World Community, UNO, OIC ad Sole Super Power USA, failed to check the Indian atrocities on Kashmiris. The issue was discussed in UNO, Human Rights Commission, OIC’s Conferences etc, without any positive outcome. It appears that the world community is helpless in the favour of Indian obduracy