INDIA went back on its commitment to hold a plebiscite in Kashmir as envisaged under United Nations’ Commission on India and Pakistan resolution dated Dec 25, 1948.

Aware of India’s intention to get the ‘Instrument of Accession’ rubber-stamped by the puppet assembly, the Security Council passed two resolutions to forestall an accession’ by the India-held Kashmir assembly.

The Security Council’s Resolution No 9 of March 30, 1951 and confirmatory Resolution No 122 of March 24, 1957 outlaw accession or any other action to change status of the Jammu and Kashmir state.

Disregarding United Nations’ admonitions, India stage-managed an ‘accession resolution’ by the puppet assembly under duress. This accession is ipso facto void, not even tenable as a fait accompli. The accession was a farce violating international-law jus cogen pacta sunt servanda`, ‘treaties like plebiscite commitment are to be observed’. Any country that flouts a UN resolution is a rogue state.

India pretends it has extended special status to occupied Kashmir under Article 370. The article stands eroded. “Ninety four of the 97 entries in the Union List, and 26 of the 27 entries in the Concurrent List have been extended to Jammu and Kashmir” (Dileep Padgaonkar , Open the Pandora’s Box at your own peril, Outlook). Article 370 has been further eroded by presidential orders and 260 of the 395 Indian Constitution articles, extended to disputed Kashmir.

India’s home minister Gulzari Lal Nanda told the Lok Sabha while introducing a bill titled Central Labour Laws (Extension of Jammu and Kashmir) Bill 1969, about New Delhi’s systematic erosion policy. He said, “…it is the attempt of the government to see that special position of Jammu and Kashmir State as mentioned in Article 370 of the Constitution is eroded little by little and in course of time it will be entirely corroded, resulting in Jammu and Kashmir having the same status as other States’: (Lok Sabha debates Archives).

Obviously, India has never been sincere with UN resolutions, and Kashmiris. It was all along a rogue state.

Danish Jabbar Makhdoomzada
Hyderabad

Published in Dawn, March 21st, 2019