Any conflict or combat is a product of any species of violence which starts when there is no purity in acts whereas purification and decontamination of acts matters a lot for peaceful consequences. The State of Jammu & Kashmir is the most tinted and highlighted state amongst South Asian Region because of its disputed eminence, and of course because of ambiguity, obscurity, unimportance and triviality of national right that is being unresponsive and uncaring indeed by all means from the state's oppressors since six decades.
The State of Jammu & Kashmir is amongst those 562 princely states of sub-continent that have five thousand years of history background as independent, progressive and prosperous status with its multi-dimensional cultural heritage. The culture that maintains its incessant flow dismantling the man-made barriers between past and present. The state was well known by its harmony, unison and relationship of masses having different religious background under one territory before its dissection. Over the divider of sub-continent in 1947, the state has to suffer an unscrupulous expedition since the divider of sub-continent till date, and may be in forthcoming years there will be continuity in this sort of injustice oppression because there is an absence & lack in serious coordination towards serious negotiation counter from two of the Nuclear powers India & Pakistan possessing this unfair oppression where the state victims want to get rid of this merciless behaviors of both countries.
Pakistan stand on Kashmir is purely based on Two Nation Theory depicted as "because of 77% of the state population consists of Muslims in majority" so justification matters for Pakistan that, state need to be part of Pakistan, which is not reliable and authentic stand indeed because state is having different religions like Muslims, Buddhist & Hindus as major religions and also the subdivision exist like (Sunnis, Shias, Ismailis, Sikhs etc.) so the Pakistan stand on Kashmir is not having any authenticity and also flaw of this justification automatically appears because Two Nation Theory only functional for those areas of sub-continent then straight under British rule and did not applied any of the semi-independent princely states like Kashmir. Indian justification for Kashmir is based on the right that was given to the rulers of 562 Princely states of Sub-Continent to choose about the future of these states and the ruler of Kashmir has got about the accession of his state to India so Kashmir is the fundamental and legal part of the India which is also not possible because Kashmir is not a commodity that is for sale or for any bartered but it is an individual's existence part where all people have their fundamental & equal right to choose their future through a plebiscite which is expressed in many of the talks by then Government Officials of both countries at many occasions during their perspective speeches (Quid-e-Azam Muhammad Ali Jinnah in June 7, 1947, July 11, 1947, July 30, 1947. Pundit Jawaharlal Nehru in July 9, 1951. Zulfiqar Ali Bhutto in July 14,1972 and Mian Muhammad Nawaz Sharif in 1992) mentioned that it is the right of Kashmiri people either they want to be a part of India, Pakistan or want to live Independently as Kashmir has an individual existence and its people must be the final arbiters of their future. but behind the scene it is not so easy because the fight for Kashmir region has become the national ego for both India and Pakistan and no one is ready to get off through any means of dialogue consideration because both countries have no focus for the prosperity and well-being of Kashmiri people but only holding a resource oriented approach that is just to annihilating & demolishing the basic ideology and right to self-determination and destroying the overall peace of South Asian Region with this non-serious attitude.
As I have cited earlier that the peaceful & non-violent consequences cannot be practiced and implemented until and unless these two nuclear powers will not take the Kashmir conflict for the well-being of Kashmiri people rather than resources oriented approach. It is the matter of fact that both countries have their own mutual interests in this region in the shape of (Water) as {Indus Valley has major 7 Rivers and many small rivers are fertilizing the lands of Pakistan and India since water treaty agreement between India and Pakistan} as major and more that no one can ignore or overlook and ultimately both countries have turned the Kashmir conflict as National Security & Ideology by overlooking the people of Jammu & Kashmir and lead to relate this conflict to their national ego by spending very huge amounts to security matters and ignoring other essentials.
When India put the Kashmir case in United Nations in 1948, the resolutions of United Nations Security Council as {38, 39, 47 and 51 of 1948} and United Nations Commission for India & Pakistan (UNCIP) resolutions of {August 13, 1948} has evidently professed the State of Jammu & Kashmir as disputed region and anticipated its final decision and settlement through free, fair & unbiased plebiscite under the supervision of United Nations and prominently declaring the right to self-determination for Kashmiri People that was violated and still in the process of violation across LOC in the state of Jammu & Kashmir by strictly ignoring the free choice of plebiscite for masses and by implementing the accession as essential and legal procedure by both Indian & Pakistani constitutional assemblies like {Azad Jammu & Kashmir Interim Constitution Act 1974 that was imposed by Islamabad}, itself a disregard and contravene to the same act which starts as "WHEREAS the future status of the State of Jammu and Kashmir is yet to be determined in accordance with the freely expressed will of the people of the State through the democratic method of free and fair plebiscite under the auspices of the United Nations as envisaged in the UNCIP Resolutions adopted from time to time" and in the same Constitutional Act it is mentioned in Article 4 (7) (2) of the Act 1974 states that “No person or political party in Azad Jammu and Kashmir shall be permitted to propagate against, or take part in activities prejudicial or detrimental to, the ideology of the State’s accession to Pakistan.” This is at one side itself a disregard of this Constitutional Act and the other side a straight violation of human fundamental rights.
During Musharraf & Vajpayee's regimes a ray of hope was created when a bilateral efforts had taken to build and promote bilateral relationship between both countries through Confidence Building Measures (CBMs) like starting direct bus service across LOC, Promoting mutual relationships between both countries, opening negotiation counters for each other, concentrating to promote trade, Opening ways for mass communication sectors, Promoting sports, musical and cultural environment that was clogged later on because of may be Musharraf dictatorship was not got supported by masses in Pakistan and collapsed soon that has led the Kashmir dispute at same level where it was in earlier time without any concrete outcome and proper implications regardless of a looming emphasis. This regime at least worked a bit realistic as compared to previous ones and no doubt the positive smooth acceleration of relationship may only practice through Confidence Building Measures (CBMs).
It is also a matter of fact that no one from both of India & Pakistan will set back easily from this disputed region because it will questioned and hurt their National Integrity, Mutual interests in the state, Loss of resources and particularly a political dilemma that caught the international attention that has become National Ego for both of them now. Spending a major portion of their budgets on security matters and shaking their economic structures is a sign of their National Ego regardless of the people oriented approach or any prosperity or progressive measures for the masses of Jammu & Kashmir State.
Another blemish and blotch approach has to be seen in the recent Elections held in AJK part during current era of 2011 which is another prejudice & bigotry when non-state political parties has took part in elections by hook and crook methodology through their few projected state elements with the help of heavy amounts in the territory of Kashmir which is a status quo and none of the political party have right to purchase land or to participate in any election campaign in disputed territories around the globe which is the straight violation of the laws relating to the status quo areas and Kashmir was declared disputed by the United Nations in 1948 and both India and Pakistan agreed to give Kashmiri people a chance to determine their political future through free and fair plebiscite under the UN patronage without positioning their own adoptions in this disputed territory of Jammu & Kashmir.
Karachi pact 28th of April 1949 is another reflection of illegal occupancy where Pakistani Establishment has enjoyed their titular power in Northern areas of Gilgit, Baltistan and Hunza by taking it directly under Islamabad without relating it to Azad Jammu & Kashmir Interim Constitutional Act and this region is five times the size of the area designated as Azad Kashmir consisting a territory of 72,971 km2 in real that is so injustice and discriminated behavior , big hurdle for masses relationships, traditions, creating destruction in the communication process and detracting masses from both regions of Azad Kashmir & Gilgit Baltistan(AK & GB) to demolish their history backgrounds, whereas Line of control (LOC) is a drastic division that has snatched the overall peace and calm across the border. So in real scenario we cannot say that there will be some sort of peaceful consequences and measurements from both sides of LOC without pure judgmental behaviors and without implementation of United Nations Resolutions on Kashmir dispute where it is clearly mentioned that Kashmir dispute must be resolved with the choice of Kashmiri people otherwise in the prospective of Islamabad & Dheli both are badly failed to protect the Kashmir cause at its genuine identity and just relating it to their National Ego which is clearly seen & realized in current situation.
The other side of Line of Control (LOC), the sacrifices rendered by Kashmiri people have proved it clearly that there is no other option that can be practice regardless of implementation of free, fair and unbiased plebiscite and referendum rather than any maltreatment and abuse, discriminate, forged or planted one elements. So relating the Kashmir Cause towards National Integrity is actually the National Ago for both Indian & Pakistani Governments which has no means with Kashmiri People and both countries must need to understand and respect the fundamental human rights not for the sake of National Ego or any resource oriented approach but for the sake of mankind and for the better perspective of humanity.
Writer's email:
