Syed Manzoor Gilani,

The 5th August 2019 was the ill  fated day when 175 years old state of Jammu & Kashmir , whose future was to be decided in accordance with the spirit of Indian independence Act 1947 followed by scores of UNSC Resolutions was dissolved, disintegrated and down graded by India to integrate it in its main land against all international  covenants, domestic constitution , laws and will of the people of the state by brute state force .
This is the worst blow to the national and international law and commitments of Indian leaders out of series of betrayals . This was the only state in United India whose conditional accession to India by its ruler was subjected to ratification of its people through a referendum by Governor General of India which was never held . This is the only state in the subcontinent whose future dispensation is regulated by UNSC Resolutions and remains to be settled . The constitutionality and legitimacy of articles of Indian constitution relating to state were held sacrosanct , absolute and final by the High court of J&K state and Supreme Court of India recently in 2015 and 2018 espectively.
It is in this background that we the people of Kashmir say that Kashmir , “ it is unfinished agenda of partition.”

Despite all that, it was brazenly included in Indian  Constitution , though for three subjects only in 1950 and thereafter was gradually brought under Indian laws . The climax of the hegemonic operation was 5th august 2019 whereby the state was disintegrated , down graded to the status of Union territory, merged in main land like its undisputed territory , administrated directly by Delhi through its bureau-crates, by deploying lacs of Indian soldiers after incarcerating more  than 3800 mainstream and non mainstream leaders with total blockade of information into or from the state . This manifests that no body was taken into confidence nor did any body accept this mischief.
After rendering Art 370 redundant through executive order , whole of Indian constitution is  extended to the state and the state   constitution is abrogated . This is the biggest fraud played with the constitution and Indian nation. Constitutionally speaking the relationship between India and Kashmir whatever it was , has terminated after abrogation of Art 370/35A and sovereignty of the state is restored to 15th august 1947 position . Art 370 of Indian constitution required  recommendation of constituent Assembly of the state for its abrogation , which stood dissolved in 1954 .
The State could not be bifurcated under articles 2 & 3 of Indian constitution which required the consent of state while the state Assembly was non existent since 2018 . State is governed under union rule since 2018. Till date 171 Indian laws are extended to state and 165 state laws are abrogated including Art 35A of the constitution ensuring symbolic local autonomy .
Art 35 A aims to preserve the identity and demographic make up of the Muslim majority state . It was based on Delhi agreement of 1952 between pandit J Nehru & Sheikh M Abdullah.
Extension of Indian and abrogation of state laws robes the state and state subjects of its identity, all exclusive rights to property, its sale & purchase , grant of state land to state subjects , scholarships and jobs to the local youth . 16% reservations in all walks of life will automatically go to Hindu minority.

The non state subjects married to state subjects and their progenies will automatically become state subjects affecting demography besides squeezing the economic opportunities of Muslim majority . 91 years old state subject law is repealed for enabling non Kashmiris with seven to fifteen years casual residence to become equal to those having hereditary status of residence in the state .
The GOI contemplates to grant state land to non local Indians , construct residences for non Kashmiri Indians retired and serving soldiers to colonise the state .
Another onslaught on way is Delimitation of state Assembly constituencies for creating space for non state subjects , scheduled cast Hindus and thinning the geographical composition of constituencies to reduce the return of Muslim members to assembly to make laws and Government.
A small mountainous state will undergo irreparable environmental tragedy by influx and settlement of Indian population becoming a danger to neighbouring countries as well besides its hereditary natives . The purpose is to change the demography of the state from Muslim to non Muslim state , rob its residents of jobs, scholarships and other local benefits , although nine Indian states with Hindu majority under its constitution are protected by almost similar rights which are robed from 80% Muslim population of the state .
Social , cultural , linguistic and religious homogeneity and harmony is under threat by onslaught of of new culture and language envisaged by HINDUTVA Nazist philosophy of RSS as unleashed in different parts of India . State’ unity and integrity is threatened which will add to the political vulnerability and instability in the valley and fuel communal violence in the state .
Young Kashmiri girls are threatened by on state fascist to marry the Kashmiri girls . Kashmiri Hindu / Pandit migrants settled in different parts of India are already undergoing this trauma. Business and lands of land hungry Jammuit’s will be monopolised by neighbouring billionaire non state state subjects who will equally be rendered homeless and state less.
Relation with Pakistan will touch all time high tension and erpetual threat to regional and international peace .Afghan peace process will be hampered and no body can stop Taliban to export its brand of ideology to emancipate their brethren wherever they are subjugated .
China has a claim on a part of area under Indian control and skirmishes on LAC are mounting day and night which call upon urgent attention of world community to intervene as it intervened in East Tamore , lest it takes the ugly shape in the state surrounded and claimed by nuclear neighbours of state . One cannot conceive the catastrophe to befall if this unresolved issue ignites the full blast war amongst three nuclear powers in  the region.
Leaving aside the tragic events of mass massacre in 1947 when lacs of state subjects were killed , Kashmir Media Service has reported that in the mass movement of uprising after 1989 till July 2021 , Indian army has killed ,  95843 people out of which 7186 are custodial killings , 161935 people are arrested , 22930 women are widowed, 107 831 children are orphaned, 11245 women are gang raped or molested, 110423 properties are destroyed.
Since 5th august 2019 alone ; 806 people are killed , and, 5044 are tortured .
In last 23 months of lock down alone , Kashmir business has suffered a loss of rupees 70 thousand crores . Number of Unemployed youth has arisen to six lac while five lac people connected with local business are rendered jobless in this period . It negates the object of India justifying 5th august action for economic uplift of state . On political front, in the Distract Development council elections November 2020 , local political parties affront to 5th august action had land slide victory with 110 seats against 72 seats by BJP , negating the claim that these parties have monopolized state for their families . Similarly the state politics and political and democratic life stands still frozen as on 5th august, 2019 . What to do;
1- Failure to resolve the Kashmir conflict is a failure of world community as a whole and , particularly of mighty countries of UNSC which need to assert the pressure on India and Pakistan to settle it peacefully. Third party intervention has twice given good results in sub
continent , firstly the world Bank in settling the water dispute in 1960 and secondly the Swiss Government working out the modalities for Simla accord through its embassy in 1972 .
Settlement of Kashmir conflict can be facilitated likewise based on the ground realities of the region . A negotiated settlement is well within the spirit of UNSC Resolutions. 2- Pakistan is historically , constitutionally , legally and ethically obliged and bound to take all necessary diplomatic, constitutional and political steps to press upon the world community , particularly the big powers and those who strive to export democracy, liberty and human rights around the glob , to put pressure on India to negotiate peaceful settlement within the spirit of UNSC Resolutions for ensuring democracy, liberty snd safeguarding human rights in Kashmir .

5Th august action is not an end by India neither is undoing it the goal of Kashmiris . It is to rustrate the basic right of self determination of Kashmiris by India and to kill the resilience of people of State which India has not been able to achieve . . 3- Though it is a human rights tragedy denying the legal rights ffecting every native of the state including Kashmiri Hindu Pandit community , but being predominantly Muslim majority state , leaders and rulers of the Muslim world in multi billion trade with India and brotherly relations with Pakistan owe the prime responsibility to play their active roll to translate the wishes of their populace into action for bringing an end to the human tragedy . Trade and fraternity can flourish in a state of peace and tranquility only not under t he shadows of war and unrest .
3-AJK being a part of whole state , let Pakistan Govt empower AJK Government by appropriate amendment in its constitution to make it a “ powerful local authority as envisaged by UNCIP RESOLUTIONS “ and economically enviable to play the representative role on behalf of subjugated people of Kashmir , lest the adventurist preempt as they brag 4- Alternatively , the GOP May give constitutional shape to its action of 4th august 2020 including entire state in its map depicting IHK as illegally occupied by India and , pending its final resolution , give representation to AJK & GB jointly or separately , as a special geographical unit equal to a province in representative institutions of Pakistan to represent Kashmiris and give Kashmir a “Kashmiri face “ besides filling the democratic deficit in AJK & GB held hostage to resolution of the Kashmir issue.
5- A commission be formed to register, record and maintain the digital directory of genuine state subjects so as to defeat the mischief of demographic change by India under imposed laws .Once the task is complete , a referendum be held under the auspices of this commission to dispel the propaganda of India that people of state are with India . 6- GOP should appoint a permanent “Kashmiri faced envoy “ on Kashmir to interact with think tanks , universities , political parties, civil societies and Governments of the world .

 

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