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Pakistan
and India came into existence as independent
states in August, 1947. The principle of partition
was specified in the plan : The all Muslim majority
areas were to constitute part of Pakistan and
similarly the Hindu majority areas were to go
to India . Besides, the 565 princely States
at that time including the State of Jammu and
Kashmir were given the option either to join
Pakistan or India . Such joining to either State
was to be determined by the geographical contiguity
and communal composition of the population.
The State of Jammu and Kashmir with a 77 % Muslims
majority (according to 1941 Census) should gave
acceded to Pakistan .
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| 2. |
The
Maharaja of Kashmir entered into a stand-still
agreement with the Government of Pakistan on
15 th August, 1947 and decided to continue all
the arrangements that had till than existed
between the Jammu and Kashmir and the British
Government. It was assumed that this was the
prelude to the full accession of the State to
Pakistan.
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| 3. |
However, the Maharaja of Kashmir took certain
measures which betrayed his intention of not
acceding to Pakistan . Particularly important
was his order that Muslims in the State should
surrender their arms, followed by the disarming
of Muslims in the police and the State army.
These measures resulted in an insurrection by
the people of Kashmir against the Maharaja.
The insurrection which started in August, 1947
gained momentum in September and on 24 th of
October the Azad Kashmir Government was formally
proclaimed.
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| 4. |
The Maharaja of Kashmir, making this insurrection
an excuse and accusing Pakistan for having organized
the invasion by the Pathan tribesmen acceded
the state to India on 26 th of October and asked
it for military help. Indian troops were flown
to Srinagar on 27 th Of October and launched
an offensive against the Muslims who had refused
to accept the State's accession.
The so-called accession of Jammu and Kashmir
to India has no legal and moral footings for
the following reasons :-
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i) |
It was contrary to wishes of the people. |
ii) |
The
existence of an earlier stand-still agreement
created a legal bar to the ruler's capacity
to alter the existing position unilaterally.
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iii) |
At the time he offered accession to India
, the ruler himself had fled the State
and a peoples government had taken the
control over large portion
of the territory of the state.
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The
Indian acceptance of the accession of Jammu
and Kashmir was conditional. The Governor-General
of India while conveying acceptance of Maharaja's
request wrote
“ In consistence with their
policy that, in the case of any state where
the issue of accession has been subject of dispute,
the question of accession should be decided
in accordance with the wishes of the people
of the State, It is my government's wish that
as soon as law and order have been restored
in Kashmir and her soil cleared of the invaders,
the question of State's should be settled by
a reference to the people”.
Similar assurance was given by the Indian Prime
Minister to the Prime Minister of Pakistan.
In 1947, India and Pakistan went to war over
Kashmir . During the war, India brought the
issue before the Security Council on January
1, 1948. It pleaded that Pakistan was responsible
for creating disturbance in Kashmir and wanted
the Security Council to ask Pakistan to with
draw the tribesmen who had entered the State.
The Security Council did not endorse the Indian
position and in its resolution of 17 th January,
1948 appealed to the parties to improve the
atmosphere and to refrain from doing anything
that might aggravate the situation.
Simultaneously the Indian Government intensified
its military build up and operations in Kashmir
and launched a full scale offensive in order
to impose military solution in Kashmir .
The United Nations Commission on India and Pakistan
(UNCIP) was established through Security Council
resolution on 20 th January, 1948, which was
reconstituted on 21 st April, 1948 through another
resolution and instructed “ to proceed at once
to the sub-continent”. The resolution provided
for a plebiscite by India and Pakistan , acting
in cooperation with each other and with the
Commission.
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COMMISSION
ACTION
The United Commission
on India and Pakistan arrived in the sub-continent
on 7 th July, 1948 and immediately engaged in
consultation with the Indian and Pakistan authorities.
After undertaking the survey of the situation,
the Commission adopted a resolution on 13 th
August, 1948, containing the proposals for ceasefire
order, truce agreement and re-affirmation of
the desire for a plebiscite in Kashmir . The
Commission also decided that It will appoint
military observers to supervise the observance
of the ceasefire order. The UNCIP resolution
of 13 th August, 1948 was accepted by both India
and Pakistan. |
Appointment
of Military Observers
On 19 th November,
1948, the Commission received an urgent communication
from Ministry of Foreign Affairs of Pakistan
concerning reinforcement of Indian troops in
Kashmir and attacks by those troops against
positions held by forces of Azad Kashmir.
After series of contact with the representative
of both the governments, the NUCIP sent its
final recommendations to India and Pakistan
on December 11, 1948. Both the governments accepted
the UNCIP proposals and recommendations of the
Commission were subsequently adopted in UNCIP
resolution dated 5 th January, 1949. |
SIMLA
AGREEMENT
The Kashmir dispute
again came to the ore when India and Pakistan
signed the Simla Accord in June, 1972 in the
wake of the Indo-Pak war on 1971. The accord
converted ceasefire line on 1949 into new Line
of Actual Control (LAC) which however did not
affect the status of the disputed territory.
-Para 6 of the Agreement lists
“ a final settlement of Jammu and Kashmir “
as one of the outstanding question awaiting
for a settlement
i) |
Para4
(ii) talks of a “ Line of Control” as
distinguished from an international border
. Further it explicitly protects “ the
recognized position of either side”. The
recognized position of Pakistan is the
one which is recognized by the United
Nations and the world community.
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ii) |
Article 1(iv) obviously refers to Kashmir
when it talks of “ the basic issues and
causes of the conflict which have bedeviled
the relations between the two countries
for the last twenty five years.”
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After
decades of a peaceful struggle against Indian
repression, manipulation and exploitation,
the Kashmiri people, convinced that India
would never honour its commitments, and inspired
by similar movements in other parts of the
world, rose against the Indian occupation
towards the later part of 1989. India sought
to suppress their movement with massive use
of brutal force, killing hundreds of innocent
men, women and children. Since 1989 more than
60,000 Kashmiris have been killed. The vale
of Kashmir once known as paradise on earth
has turned into a hell by the brutalities
perpetrated on innocent Kashmiris by more
than 600,000 India occupational forces. Killing,
torture, arson, custodial deaths, are gang
rapes by the occupational forces has become
order of the day in Indian Occupied Kashmir.
State Flag/Map
The
official flag the State of Azad Jammu & Kashmir was adopted on 24th
September 1975. The flag was adopted by the passing of the Azad Jammu
and Kashmir State Flag Ordinance, 1975 by the then president, Sardar
Mohammad Ibrahim Khan.
Symbolically the Flag represents following aspects of Azad Jammu and Kashmir;
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The Three Fourth green background represents 75% Muslim population of the State of Jammu and Kashmir.
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One-Fourth Orange (Golden) colour represents 25% minorities of the State of Jammu and Kashmir.
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The Green stripes represent the Valley of the State of Jammu and Kashmir.
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The White stripes represent the snow-covered mountains of the State of Jammu and Kashmir.
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The Crescent is the usual semblance of the State of Jammu and Kashmir.
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Azad Jammu & Kashmir is very rich in
natural beauty. Its snow-covered peaks, dense forests, winding rivers,
turbulent foaming streams, wheat-scented valleys, velvet green plateaus
and climate varying from arctic to tropical, all join together to make
it an excellent tourist attraction. Valleys like Neelum, Jhelum, Leepa,
Rawalakot, Banjosa, Samahni & Baghser unfold delight full scenic
beauty and provide a feast of pleasure to a discerning tourist's eyes.
Azad
Jammu & Kashmir is a fascinating land of people, languages &
culture. The texture of present population is composed of races claiming
their descent from Semitic, Mongoloid, Aryans, Persians, Turks &
Arabs. The people of districts Kotli, Mirpur & Bhimber are sturdy,
simple, truthful and deeply attached to their land. The culture of this
area resembles to that of the adjoining area of Punjab. The people of
districts Poonch, Bagh & Sudhanoti are adventure loving and there
are numerous anecdotes of their matchless valor as well as inspiring
sacrifices for freedom, while Muzaffarabad & Neelum district has its
own distinctive culture. The people of the state are intelligent
ingenious, hardworking & dynamic.
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