Digvijay’s Dream AND “India Occupied Kashmir” remark!

The REAL story behind Digvijay’s retraction of “India Occupied Kashmir” remark. Digvijay “had a dream” of a conversation with a Pakistani. Our sources have the transcript:

Digvijay: I am disappointed with the Prime Minister

Pakistani: Yes Modi is bellicose…

Digvijay: No No!!! I am talking of Nawaz Sharif

Pakistani: Oh? OUR Prime Minster

Digvijay: Yes! He is the only PM I recognize.

Pakistani: But why?

Digvijay: When he talks of Kashmir he uses complicated expressions like “indigenous  freedom struggle” more than “India occupied Kashmir.” You see “Indi” is a town in the State of Karnataka in India. INDIgenous freedom struggle would suggest Sharif supports India’s struggle to rid Kashmir of Pakistani elements.

Pakistani: (Angrily) What do you “Pakistani elements”? Pakistan only supports Kashmiri aspirations.

Digvijay: Kashmiri aspirations? But it is India occupied Kashmir…

Pakistani: Yes! that is why Kashmiri aspirations are suppressed.

Digvijay: But where are the Indians?

Pakistani: In Kashmir ofcourse…

Digvijay: (Confused)If Indians are occupying Kashmir where are the Kashmiris?

Pakistani: (Annoyed)In Kashmir!!!

Digvijay: (Doubly confused) If Kashmiris are in Kashmir where are the Indians??

Pakistani: With Indians…(mulling using the word dim-wit) Dont u DIG it?

Digvijay: But then if Kashmiris are with the Indians how does Sharif talk of Kashmiri aspirations? I thought Kashmir should be with Pakistan.

Pakistani: (Gleefully) Yes!

Digvijay: But now that you have brought Kashmiris in where will they go?

Pakistani: Kashmir!

Digvijay: But are they not already in Kashmir?

Pakistani: Yes.

Digvijay: So why does Pakistan want Kashmiris in Kashmir when they are already in Kashmir with the Indians?

Pakistani: Because Pakistan wants to be with Kashmiris!!!

Digvijay: Oh. But I thought you named the northern part of Kashmir Gilgit-Baltistan??

Pakistani: Yes…Only because India could not cannot call it “Pakistan Occupied Kashmir”

Digvijay: But you just said Pakistan wants to occupy Kashmir. So why the objection?

Pakistani: (Starting to pull his beard) Gilgit is part of Pakistan…

Digvijay: (Hesitantly…not having hair to pull) But Gilgit was part of Kashmir…

Pakistani: (Getting ferocious) There is only Azad Kashmir!!

Digvijay: Azad Kashmir?? If Kashmir is azad how can Kashmiri aspirations not be fulfilled?

Pakistani: (Showing a map) Azad Kashmir is also part of Pakistan. It south of Gilgit…

Digvijay: (Pausing…Brooding)…NOW I GET IT! Gilgit is not Kashmir anymore. Kashmir is azad south of Gilgit. Pakistan wants India occupied Kashmir. Nothing will remain of Kashmir but Pakistan! FANTASTIC! You people are brilliant. We must learn from you.

Pakistani: (Exhausted but relieved) Now you get it?

Digvijay: Yes…But then why did the PM call it “indigenous freedom struggle”?

Pakistani: ENOUGH. Behead him!!

Digvijay got up perspiring and issued the clarification! Lets only talk of “India’s Kashmir” he said.

Some dreams fortunately or unfortunately never come true. Pakistani dream of Kashmir and Digvijay’s dream about Pakistan being cases in point!

KASHMIR & MYTH OF “OCCUPATION”

“After Independence, the accession of Kashmir was done following the India-Pakistan war on the pretext that a plebiscite will be conducted when the situation gets back to normal and since then it (janmat sangrah) has not happened.” Thus spoke one Nivedita Menon who is a JNU Professor. She also said that India, an “imperialist” country is “illegally occupying Kashmir”.

Mark Twain famously remarked, “Get your facts first then you can distort them as you please.” In the instant case distortion is being paraded as facts.

The India Independence Act, 1947 created a sovereign Dominion of India which came into existence on August, 15, 1947. Under the said Act the suzerainty of the British Crown over the Indian States (including Jammu &Kashmir) also lapsed and they consequently regained there sovereignty. In exercise of this sovereignty the Indian States were competent to succeed to either of the two Dominions.

On October 26, 1947 The Maharaja signed Instrument of Accession with India thus recognising the fact that his State was part of the Dominion of IndiaThe Instrument of Accession was in the same form as was executed by Rulers of other states which had acceded to India and the legal consequences cannot be any different. The requirement of a plebiscite was not part of the Instrument of Accession. The acceptance of the Instrument of Accession was unconditional.

This position was reflected in the Constitution of India when it was made in 1949 and declared Jammu & Kashmir as part of the territory of India in Article 1. Article 370 itself states that Article 1 applies to the State.

The Constituent Assembly of Jammu &Kashmir ratified the accession to India in February 1954 and the President of India issued Constitution (Application to Jammu & Kashmir) Order, 1954 which added all Union subjects under the Constitution of India (not the three subjects of Defence, Foreign Affairs and Communications).

The Constitution of Jammu & Kashmir adopted on November 17, 1957 with effect from January 26, 1957 declares the State of Jammu & Kashmir to be “an integral part of the Union of India”. The choice of January 26th as the date from which the constitution was to take effect is significant as it was on this day that the Declaration of Indian Independence (Purna Swaraj) was proclaimed by the Indian National Congress as opposed to the Dominion status offered by the British Regime and it was chosen as the day when the Constitution of India came into force.

Where then is the “pretext of a plebiscite”? A sovereign Princely State acceded to the Dominion of India which accession  was unconditionally accepted by it and the same was incorporated in the Constitution framed declaring India to be a Republic to be ratified subsequently by the Constituent Assembly of the State and eventually acknowledged in the Constitution of Jammu & Kashmir itself. 

The UNCIP resolution talked of a plebiscite but even that mandated the withdrawal of Pakistani troops and tribals which never took place. And Mountbatten’s letter, apart from being a unilateral and ultra-vires act without the approval of the Council of Ministers could not only not alter a completed accession but at best was statement of intent which was fulfilled by subsequent developments.

Admittedly, elections to the Constituent Assembly were held in August-September, 1951 and all 75 seats were won by the National Conference. This itself is popular affirmation of the State’s accession to India.

Significantly the first official act which the Constituent Assembly of Jammu & Kashmir did was to end the princely rule of the Maharaja. His son was elected by the Constituent assembly itself. If what the Maharaja did was unacceptable would the Constituent assembly have elected his son as Sadar-i-Riyasat of Jammu & Kashmir?

Elections were held to the Jammu and Kashmir Legislative Assembly after the Constituent assembly was dissolved in 1957 and again in 1962 wherein 65% of the voters cast their ballot. Is this not vindication of the integration of the State into India? In fact in later elections in excess of 75% of the voters cast their votes! Presuming that any assurance of taking “people’s will” into account was given, this “will” has been repeatedly expressed by the people.

Jammu & Kashmir is India’s and will remain so and not because India is an imperialist country forcibly occupying it. Kashmir has not been colonised but has been constitutionally integrated into India. It was not for expanding investment, nor for acquiring material resources nor even to look for man-power that India sought to “occupy” Kashmir. The integration followed a legal process and in the very making of special provisions for it there is an absence of both dominance as also an enforced inequality in the relationship. There has been an engagement not conquest. And force is being used not to extend territory but only to preserve that which is its own.

India’s breakup is the agenda not the so called “occupation”.