Friday 31 January 2014

Way of independace for people of JAMMU AND KASHMIR

            It is one of the most important desire of human being to pass life with full independence. This passion of human being is natural. To accomplish this ambition every human being makes effort to his best. Some of human get success in their lives and some looses their lives in the way of acquiring their wish. And some of them made compromise to their natural wish and passes the life as a slave. In my point no one is worst thing in this world more then slavery. 
             In the beginning of 20th century the people of subcontinent accelerated their efforts to achieve the wish of independence. As a result of these efforts in 1947 the people of subcontinent achieved their most important thing of their lives up to some extent in the form of two sovereign country Paksitan and India.At that time it had been decided about independent states to decide whatever they want about their future accession to India,Pakistan or independent. Jammu & Kashmir was one of them.
                Majority of Jammy & Kashmir people were Muslim but the ruler was Mahraja Hari Sing. He was running his rule like a dictator and muslim community feels the feeling of slavery under his rule. These feeling urge Muslim community to take benefit of changing environment  of subcontinent and accelerated there efforts for independence from Mahraja rule. These political base efforts turned in to armed war before any decision of state future.The muslim community of Tribal areas of Pakistan also helped their religious base brother of Kashmiri people in the war. At that time Mahrahja called indian government for help. India sent his army to save Mahraja regime in the state of Jammu and kashmir. Mean while India plea UNO for intervention to solve this problem.  
                 After hearing the stance of Pakistan and India about the matter Security council passed following resolution.
"

A. Restoration of peace and order

1. The Government of Pakistan should undertake to use its best endeavours:

(a)      To secure the withdrawal from the State of Jammu and Kashmir of tribesmen and Pakistani na­tionals 
not normally resident therein who have entered the State for the purpose of fighting, and to prevent any 
intrusion into the State of such elements and any furnishing of material aid to those fighting in the State ;
(b)     To make known to all concerned that the measures indicated in this and the following paragraphs provide full freedom to all subjects of the State, regardless of creed, caste, or party, to express their

views and to vote on the question of the accession of the State, and that therefore they should co-operate in the maintenance of peace and order.

2.     The Government of India should :

(a)   When it is established to the satisfaction of the Commission set up in accordance with the Council's resolution 39 (1948) that the tribesmen are withdraw­ing and that arrangements for the cessation of the fighting have become effective, put into operation in consultation with the Commission a plan for with­drawing their own forces from Jammu and Kashmir and reducing them progressively to the minimum strength required for the support of the civil power in the maintenance of law and order;
(b)    Make known that the withdrawal is taking place in stages and announce the completion of each stage ;
(c)   When the Indian forces have been reduced to the minimum strength mentioned in (a) above, arrange in consultation with the Commission for the stationing of the remaining forces to be carried out in accordance with the following principles :
(i)    That the presence of troops should not afford any intimidation or appearance of intimidation to the inhabitants of the State ;
(ii)    That as small a number as possible should be retained in forward areas ;
(iii)    That any reserve of troops which may be included in the total strength should be located within their present base area.
3.   The Government of India should agree that until such time as the Plebiscite Administration referred to below finds it necessary to exercise the powers of direction and supervision over the State forces and police provided for in paragraph 8, they will be held in areas to be agreed upon with the Plebiscite Administrator.

4.     After the plan referred to in paragraph 2 (a) above has been put      into operation, personnel recruited locally in each district should so far as possible be utilized for the re-establishment and maintenance of law and order with due regard to protection of mino­rities, subject to such additional requirements as may be specified by the Plebiscite Administration referred to in paragraph 7.

5.If these local forces should be found to be inadequate, the Commission, subject to the agreement of both the Government of India and the Government of Pakistan, should arrange for the use of such forces of either Dominion as it deems effective for the purpose of pacification.



B. Plebiscite


6.    The Government of India should undertake to ensure that the Government of the State invite the major political groups to designate responsible repre­sentatives to share equitably and fully in the conduct of the administration at the ministerial level while the plebiscite is being prepared and carried out.
7.    The Government of India should undertake that there wilt be established in Jammu and Kashmir a Plebiscite Administration to hold a plebiscite as soon as possible on the question of the accession of the State to India or Pakistan.
8.    The Government of India should undertake that there will be delegated by the State to the Ple­biscite Administration such powers as the latter con­siders necessary for holding a fair and impartial plebiscite including, for that purpose only, the direc­tion and supervision of the State forces and police.
9.     The Government of India should, at the request of the Plebiscite Administration, make avail­able from the Indian forces such assistance as the Plebiscite Administration may require for the perfor­mance of its functions.
10.       (a) The Government of India should agree that a nominee of the Secretary-General of the United Nations will be appointed to be the Plebiscite Administrator.
(b)     The Plebiscite Administrator, acting as an officer of the State of Jammu and Kashmir, should have authority to nominate his assistants and other subordinates and to draft regulations governing the plebiscite. Such nominees should be formally appointed and such draft regulations should be formally promul­gated by the State of Jammu and Kashmir.
  
(c)     The Government of India should under­take that the Government of Jammu and Kashmir will appoint fully qualified persons nominated by the Plebiscite Administrator to act as special magistrates within the State judicial system to hear cases which in the opinion of the Plebiscite Administrator have a serious bearing on the preparation for and the conduct of a free and impartial plebiscite.


(d) The terms of service of the Administrator should form the subject of a separate negotiation be­tween the Secretary-General of the United Nations and the Government of India. The Administrator should fix the terms of service for his assistants and subor­dinates.

(e) The Administrator should have the right to communicate directly with the Government of the State and with the Commission of the Security Council and, through the Commission, with the Security Coun­cil, with the Governments of India and Pakistan and with their representatives with the Commission. It would be his duty to bring to the notice of any or
all of the foregoing (as he in his discretion may decide) any circumstances arising which may tend, in his opinion, to interfere with the freedom of the plebiscite.
11. The Government of India should undertake to prevent, and to give full support to the Administrator and his staff in preventing, any threat, coercion or intimidation, bribery or other undue influence on the voters in the plebiscite, and the Government of India should publicly announce and should cause the Gov­ernment of the State to announce this undertaking as an international obligation binding on all public authorities and officials in Jammu and Kashmir.
12. The Government of India should themselves and through the Government of the State declare and make known that all subjects of the State of Jammu and Kashmir, regardless of creed, caste or party, will be safe and free in expressing their views and in voting on the question of the accession of the State and that there will be freedom of the press, speech and assem­bly and freedom of travel in the State, including freedom of lawful entry and exit.
13.    The Government of India should use and should ensure that the Government of the State also use 

their best endeavours to effect the withdrawal from the State of all Indian nationals other than those who

 are normally resident therein or who on or since 15 August 1947 have entered it for a lawful purpose.
14.    The Government of India should ensure that the Government of the State releases all political 

prisoners and take all possible steps so that:
(a)   All citizens of the State who have left it on account of disturbances are invited, and are free, to return to their homes and to exercise their rights as such citizens ;
(b)   There is no victimization ;
(c)   Minorities in all parts of the State are accorded adequate protection.


15.  The Commission of the Security Council should at the end of the plebiscite certify to the Council whether the plebiscite has or has not been really free and impartial. 
C. General provisions
16.  The Governments of India and Pakistan should each be invited to nominate a representative to be 

attached to the Commission for such assistance as it may require in the performance of its task.
17.    The Commission should establish in Jammu and Kashmir such observers as it may require of any of the proceedings in pursuance of the measures indicated in the foregoing paragraphs. 
18. The Security Council Commission should carry out  the tasks assigned to it herein.  "

Now if  we make honest analysis in considering the above resolution who is responsible for not giving the right of self determination to Jammu and Kashmir people. It is very obvious it is the INDIA. So now in 2014 being a kashmiri citizen our stance should be for right of self determination. We should not confuse our young generation in the slogan of accession to INDIA,PAKISTAN or INDEPENDENT. We should use supporting country the PAKISTAN etc for obtaining the this right. If world provide us such an opportunity then the result can be come according to majority of people of Jammu and Kashmir.World should accept it whether it is independent state or accession to  INDIA or PAKISTAN.So our slogan should be only one "Right of Self Determination".