Skip to main content

Kashmir: Pak move to annex Gilgat-Baltistan 'justifies' Modi action on Articles 370, 35A

By Dr Ghulam Nabi Fai*

Mohammad Zafrullah Khan, Pakistani foreign minister and delegate to the United Nations, had made it clear on January 16, 1948 during the 228th meeting of the Security Council that Gilgat-Baltistan is the part of the State of Jammu & Kashmir. Here is the part of his eloquent speech:
“The population of Kashmir is distributed communally as follows: In Kashmir proper, apart from Jammu, 93.5 percent are Muslims. Sixty-two percent of the population of Jammu are Muslims. Gilgat, which is the high mountain region is entirely Muslim. The total area of the state, which is largely composed of high mountains and barren hills, is 82,000 square miles.”
Now, if  Pakistan plans to elevate Gilgat-Baltistan (GB) to a full-fledged province with all constitutional rights, it will disturb the disputed nature of the state of the Jammu & Kashmir. It will be akin to the unilateral action taken by Narendra Modi on August 5, 2019, when Articles 370 and 35A were abrogated. Both these actions will be in violation of the United Nations Security Council resolutions # 91 of 1951 and 122 and 126 of 1957.
These resolutions categorically state: 
“Affirming that the convening of a Constituent Assembly as recommended by the General Council of the ‘All Jammu and Kashmir National Conference’ and any action that Assembly might attempt to take to determine the future shape and affiliation of the entire State or any part thereof would not constitute a disposition of the State in accordance with the above principle.”
So as bottom lines go, say what you want about Gilgat Baltistan. Do as you wish. It will not affect the status of what constitutes the whole of Jammu and Kashmir or its parts as a disputed territory.
The plan was announced by Ali Amin Gandapur, Minister of Kashmir Affairs and Gilgat-Baltistan on September 17, 2020. He further said that people of GB would be given representation in the Senate and the national Assembly of Pakistan.
Obviously, if Pakistan makes Gilgat Baltistan the province of Pakistan, then India has all the right, perhaps not legal but as a matter of principle, to justify her stand that Indian part of Jammu & Kashmir is an integral part of India. And on what justification will Pakistan protest? As the saying goes, what is good for the goose may also be good for the gander.
Pakistan has continually made Kashmir an international issue and brought it frequently to the attention of the UN for human rights abuses. On September 14, 2020, Ambassador Munir Akram said: 
"He (Imran Khan) is expected once again to project the just cause of the Kashmiri people and call for action by the international community to halt India’s massive violations of human rights, rescind the unilateral measures imposed in Indian Illegally Occupied Jammu & Kashmir since August 5, 2019 and promote a solution in accordance with the Security Council resolutions and the will of the Kashmiri people."
If Ambassador Munir Akram made India to adopt a defensive posture in respect to its action taken in August 2019, Gandapur provides India a cover to shield her illegal and unconstitutional action taken in Indian occupied Kashmir.
It is obvious, however, that making GB a fifth province of Pakistan isn’t going to fly with anyone. The resistance leadership in Kashmir certainly aren’t going to. Syed Ali Geelani, Mirwaiz Umar Farooq and Mohammad Yasin Malik said in March 2016 when such proposal was being floated by Riaz Hussain Pirzada, Pakistan’s minister for inter-provincial coordination: “Any proposal to declare Gilgat-Baltistan as the fifth province of Pakistan is unacceptable as it is tantamount to changing the disputed nature of Kashmir.” 
Declaring Gilgat-Baltistan as 5th province of Pakistan is unacceptable. It is tantamount to changing disputed nature of Kashmir
Nawaz Sharif, then the Prime Minister of Pakistan, wrote to Mohammad Yasin Malik, Chairman Jammu Kashmir Liberation Front on March 18, 2016: 
“I would like to make it unambiguously clear that Pakistan is fully aware of the sensitivities attached to Gilgat-Baltistan with regard to the Jammu & Kashmir dispute. Media speculations are a result of either misperceptions or misinterpretations… I would like to assure you that Pakistan will never compromise on its principle stance on the Jammu and Kashmir dispute which is based on the UN Security Council resolutions.
“Nor will Pakistan take any measure that may cause harm to the valiant struggle of the people of Indian Occupied Jammu and Kashmir, for their inalienable right to self-determination, promised to them by the UN Security Council resolution.”

Likewise, ZA Bhutto, then the foreign minister of Pakistan, wrote to the President of the Security Council on March 16, 1963:
"It is necessary for me to point out the evident fact that the territory of Jammu & Kashmir is not a part, integral or otherwise, of the territory of the Union. The territory of Jammu & Kashmir belongs to the people of Jammu & Kashmir. It is a territory the future of which must be decided in accordance with the United Nations Commission's resolution of plebiscite under the auspices of the United Nations to determine its accession to India or Pakistan…
“My Government is bound by its duty to declare before the Security Council that, pending determination of the future of Kashmir through the will of the people impartially ascertained, no position taken or adjustments made by either of the parties to the present controversy between India and China or any similar controversy in the future shall be valid or affect the status of the territory of Jammu & Kashmir laid down in the resolutions of the Security Council.”

One of the highly-noted London-based Kashmiri scholars, Professor Zafar Khan says, “If Gilgat Baltistan is absorbed as 5th province into Pakistani Federation, Kashmiris of all hues will consider such an action unfriendly by the Government of Pakistan, similar to the one, taken by the Narendra Modi government on August 5,2019.”
Obviously, making Gilgat-Baltistan a province of Pakistan will have disastrous consequences for the disputed territory of Jammu & Kashmir. Those willing to advance its cause among the international community will have lost a major ally.
The Kashmiri diaspora urges the Government of Pakistan to pay attention to the genuine grievances of the people of Gilgat-Baltistan. The government should undertake mega projects for GB, be it development project, educational, health, roads, etc. There is no doubt that the people of Gilgat-Baltistan need the immediate relief from the Government of Pakistan. It must be attended to immediately and not left to tomorrow.
As Justice Muzaffar Ali, former Judge of the Gilgat-Baltistan Supreme Appellate Court has said, “A prosperous Pakistan requires addressing of the grievances of GBians which are being felt by the educated youth of Gilgat-Baltistan bitterly.”
There can be various possibilities of addressing the issues of Gilgat-Baltistan. One of them is, let the people of Gilgat-Baltistan be given choice to elect the Prime Minister and President. Currently Gilgat-Baltistan has elected a Chief Minister as is the case in Punjab, Baluchistan, Khyber-Pakhtun and Sindh. This gives the appearance as if GB is one of the provinces of Pakistan. This mistake needs to be rectified.
---
*Secretary General of Washington-based World Kashmir Awareness Forum

Comments

TRENDING

Loktantra Bachao Abhiyan raises concerns over Jharkhand Adivasis' plight in Assam, BJP policies

By Our Representative  The Loktantra Bachao Abhiyan (Save Democracy Campaign) has issued a pressing call to protect Adivasi rights in Jharkhand, highlighting serious concerns over the treatment of Jharkhandi Adivasis in Assam. During a press conference in Ranchi on November 9, representatives from Assam, Chhattisgarh, and Madhya Pradesh criticized the current approach of BJP-led governments in these states, arguing it has exacerbated Adivasi struggles for rights, land, and cultural preservation.

Promoting love or instilling hate and fear: Why is RSS seeking a meeting with Rahul Gandhi?

By Ram Puniyani*  India's anti-colonial struggle was marked by a diverse range of social movements, one of the most significant being Hindu-Muslim unity and the emergence of a unified Indian identity among people of all religions. The nationalist, anti-colonial movement championed this unity, best embodied by Mahatma Gandhi, who ultimately gave his life for this cause. Gandhi once wrote, “The union that we want is not a patched-up thing but a union of hearts... Swaraj (self-rule) for India must be an impossible dream without an indissoluble union between the Hindus and Muslims of India. It must not be a mere truce... It must be a partnership between equals, each respecting the religion of the other.”

Right-arm fast bowler who helped West Indies shape arguably greatest Test team in cricket history

By Harsh Thakor*  Malcolm Marshall redefined what it meant to be a right-arm fast bowler, challenging the traditional laws of biomechanics with his unique skill. As we remember his 25th death anniversary on November 4th, we reflect on the legacy he left behind after his untimely death from colon cancer. For a significant part of his career, Marshall was considered one of the fastest and most formidable bowlers in the world, helping to shape the West Indies into arguably the greatest Test team in cricket history.

Andhra team joins Gandhians to protest against 'bulldozer action' in Varanasi

By Rosamma Thomas*  November 1 marked the 52nd day of the 100-day relay fast at the satyagraha site of Rajghat in Varanasi, seeking the restoration of the 12 acres of land to the Sarva Seva Sangh, the Gandhian organization that was evicted from the banks of the river. Twelve buildings were demolished as the site was abruptly taken over by the government after “bulldozer” action in August 2023, even as the matter was pending in court.  

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

A Hindu alternative to Valentine's Day? 'Shiv-Parvati was first love marriage in Universe'

By Rajiv Shah  The other day, I was searching on Google a quote on Maha Shivratri which I wanted to send to someone, a confirmed Shiv Bhakt, quite close to me -- with an underlying message to act positively instead of being negative. On top of the search, I chanced upon an article in, imagine!, a Nashik Corporation site which offered me something very unusual. 

Will Left victory in Sri Lanka deliver economic sovereignty plan, go beyond 'tired' IMF agenda?

By Atul Chandra, Vijay Prashad*  On September 22, 2024, the Sri Lankan election authority announced that Anura Kumara Dissanayake of the Janatha Vimukthi Peramuna (JVP)-led National People’s Power (NPP) alliance won the presidential election. Dissanayake, who has been the leader of the left-wing JVP since 2014, defeated 37 other candidates, including the incumbent president Ranil Wickremesinghe of the United National Party (UNP) and his closest challenger Sajith Premadasa of the Samagi Jana Balawegaya. 

Will Bangladesh go Egypt way, where military ruler is in power for a decade?

By Vijay Prashad*  The day after former Bangladeshi Prime Minister Sheikh Hasina left Dhaka, I was on the phone with a friend who had spent some time on the streets that day. He told me about the atmosphere in Dhaka, how people with little previous political experience had joined in the large protests alongside the students—who seemed to be leading the agitation. I asked him about the political infrastructure of the students and about their political orientation. He said that the protests seemed well-organized and that the students had escalated their demands from an end to certain quotas for government jobs to an end to the government of Sheikh Hasina. Even hours before she left the country, it did not seem that this would be the outcome.

A Marxist intellectual who dwelt into complex areas of the Indian socio-political landscape

By Harsh Thakor*  Professor Manoranjan Mohanty has been a dedicated advocate for human rights over five decades. His work as a scholar and activist has supported revolutionary democratic movements, navigating complex areas of the Indian socio-political landscape. His balanced, non-partisan approach to human rights and social justice has made his books essential resources for advocates of democracy.

Tributes paid to pioneer of Naxalism in Punjab, who 'dodged' police for 60 yrs

By Harsh Thakor*  Jagjit Singh Sohal, known as Comrade Sharma, a pioneer of Naxalism in Punjab, passed away on October 20 at the age of 96. Committed to the Naxalite cause and a prominent Maoist leader, Sohal, who succeeded Charu Majumdar, played hide and seek with the police for almost six decades. He was cremated in Patiala.