Ceasefire violations Kashmir, LOC and UN

Col J P Singh, Retd
There is a war like situation on J&K borders at the time of writing this column even though the guns have fallen silent. Who is the war-monger? When Pak discredited dictator Gen Parvez Musharraf and Pak Army Chief Rahil Sharif challenged Indian army a week before the escalation, any wild guess will label them aggressor. What are they upto is a great mystery. Both are bitter India baiter whereas one of them is anti  establishment in his own country and anti Nawaz Sharif. Both of them working together pose serious threat particularly in J&K if a permanent state of hostility is their intention. India is known for peace and peaceful co-existence. Indian defence policy is ‘ahimsa’ even though this policy is a great disqualification when India stands in one of the most unenviable situation of the world by being geographically located right next to inimical and terrorists infested Pakistan as also besieged by a plethora of disruptive organizations from within, all of which put together pose a formidable challenge to its peaceful (co) existence. J&K is the worst sufferer in the entire juggernaut. Pakistan attacked J&K first in October 1947, thrice again and carries it on as proxy war with ceasefire violations. How long the civilians along the LoC will continue to suffer?  An end must come to the sordid saga.
Ever since Modi  became prime minister, Pak security establishments started testing his strength with a clear message that Pakistan can undermine his regional peace and economic initiatives by confining him to  internal and external security issues like they did for Vajpayee in Kargil. I think Modi has passed the litmus test.
In the current extensive ceasefire violations, unprecedented casualties and collateral damage has occurred. Nawaz Sharif’s failure to internationalise Kashmir issue is being upstaged by flaming the Kashmir border. Pak premier pleaded the UNGA to hold a plebiscite in Kashmir as per the Security Council Resolution but found no takers. On the other hand Indian Premier talked about global terrorism, dared the terrorist outfits and exhorted the world body to take them on collectively which was appreciated by the Western World. This irked Pakistan terrorist organisations. Nawaz Sharif was isolated. Pak United Jihad Council felt threatened when Obama invited Indian strategic partnership in global war against terror and demanded action against perpetrators of Mumbai attack. Modi and Obama named terrorists outfits with bases in Pakistan including Dawood’s D Company and ISIS to be dealt with jointly. Hence Pak ISI orchestrated a plot to send cross terrorists to J&K to create mayhem in India to counter Modi-Obama challenge. As a result extensive firing was undertaken to facilitate infiltration. It was a great news for the media but the lightning that accompanied the thunder was painful for civilians living near the border. Analysts feel that whatever Pakistan lost in UNGA is being gained through extensive firing to involve UN again to internationalize Kashmir.
10 days after cross border firing, Pak NSA Sartaj Aziz wrote to UN chief Ban-ki-Moon blaming India of “deliberate and unprovoked violations of ceasefire agreement’ and unilaterally cancelling foreign secretary level talks. He stated, “as you are aware J&K dispute is one of the long outstanding issue on the agenda of UN Security Council whose resolution promising the holding of plebiscite for self determination of people of J&K remains valid though unimplemented till date”. He has exhorted UN chief to fulfill that promise in the interest of ‘durable peace and security in the region’. UNSC understands Pak sinister design and hence out rightly rejected the plea. Previous UN chief Kufi Annan had taken off Kashmir dispute from UNSC agenda.
Pakistan stands isolated after Chinese President Xi Jinping refused to visit Pakistan and Kashmir rant falling flat in the UNSC. That complicated matters for Pakistan. When their voices are not heard in Delhi, China, US and UN, they unleash violence across LoC so that Indian retaliation invites world attention to the vexed Kashmir issue. India has tolerated Pak non-sense for decades. Time had come to call a spade a spade. My experience of two tenures on the LoC is that we have been at the receiving end. Eight fatal and over ninety non fatal casualties during current firing was a bitter pill for the govt at Delhi. This could not be taken lying down like the previous govts. Although loss of life on both sides is regrettable at the same time effective retaliation by Indian forces is laudable. For me it is a welcome change from the status quo.
There could be geo-political and constitutional reasons for Kashmir to remain an eye sore and too too main main between India and Pakistan. Are they everlasting reason and are we destined to live with the violence? Is Kashmir part of India or disputed? These questions are being raised again and again when the Kashmir issue is discussed at the national and international fora. There is another crucial factor to J&K issue ie separatist leaders. Over the period they have become a force to reckon with. Their meeting with Pak envoy led to calling off foreign secretary talks in Islamabad which was a clear snub for both. Sartaj Aziz has accepted this meeting as mistake.
Kashmir is being kept in limbo, to my mind, purposely. The self styled experts and opinion makers on Kashmir, in connivance with the vested interests, keep Kashmir as an issue. Looking back, taking the Kashmir  issue to the UN Security Council was a monumental error. By doing it Pt Nehru converted a domestic issue into an international issue. What was more erroneous in this move was his going to the Security Council under Chapter VI of the UN Charter. If at all, he should have taken up Kashmir issue under Chapter VII. Chapter VI deals only with the disputes and disputed territories whereas Chapter VII deals with aggressions. Since Pakistan had invaded J&K, the matter was to be dealt with under Chapter VII. That irritated Maharaja Hari Singh. He wrote to Pt Nehru that his accession to India was final and irrevocable and hence he had no business of approaching UN as that will complicate matters further. Even Patel and Gandhi were against it. But Nehru, in this case, allowed his personal feelings over ride his professional judgment. It was Nehru’s major failing, least expected of a statesman of his stature. Nehru even agreed to hold a plebiscite under the UN supervision. He had agreed to take Kashmir issue to international court of Justice at Hague. He made Sheikh Abdullah a member of the 1st Indian delegation to UN hoping that he will be better spokesperson for Indian stand on Kashmir. But Sheikh Abdullah undercut the delegation’s position by calling for Kashmir’s independence. The world rightly says that you yourself have accepted that Kashmir is a disputed territory. Thus Kashmir as dispute is a reality so far as UN and Pakistan are concerned. UN at best can advise  both sides to resolve it bilaterally as has been the case. But detaching the past from present will be as difficult for Modi as it was for his predecessors. Yet it is incumbent on the  govt to find a political solution to the lingering problem so that people on the borders can live peacefully and precious lives are not lost due to past follies.
Bilateral talks are the only way to come out of war syndrome. Situations worst than this have been handled diplomatically. But, for the talks, peace and tranquility on the borders is must and infiltration must end.