Dr Ajay Kumar Sharma
In August 2019, with the landmark decision of constitutional changes and reorganization of the erstwhile State of Jammu Kashmir, the Union Territories of Jammu Kashmir and Ladakh have been fully integrated into the mainstream of the nation. As a result, the Constitution of Indian has been implemented in letter and spirit from Kargil to Kanyakumari and all the rights enshrined in the Constitution of India and benefits of all the Central Laws being enjoyed by other citizens of the country are now available to the people of Jammu Kashmir and Ladakh as well. The slogan of One Nation, One Constitution, One Flag has become reality now. Presently, the only pending issue pertaining to erstwhile State of Jammu Kashmir is the Occupied Territories of Jammu Kashmir under illegal occupation of Pakistan and China. Unfortunately, the successive Governments in India have remained silent over Pakistan Occupied Jammu Kashmir (POJK) and its people living in India as well as in POJK. It remained mute spectator over the incidents of Human Rights Violation by Pakistani Government in POJK.
It is observed that in past India has failed to take bold stand on its occupied territories and raise aggressive voice at international forums. On 22nd February 1994, Parliament of India unanimously passed a resolution emphasizing that Jammu Kashmir is an integral part of India, and that Pakistan must vacate parts of the State under its illegal occupation.
The text of the resolution is as follows-
Parliament of India unanimously adopted a resolution on February 22, 1994, emphasizing that Jammu Kashmir is an integral part of India, and that Pakistan must vacate parts of the State under its occupation. The text of the resolution is as follows-
“This House note with deep concern Pakistan’s role in imparting training to the terrorists in camps located in Pakistan and Pakistan Occupied Jammu Kashmir, the supply of weapons and funds, assistance in infiltration of trained militants, including foreign mercenaries into Jammu Kashmir with the avowed purpose of creating disorder, disharmony and subversion:
* Reiterates that the terrorists trained in Pakistan are indulging in murder, loot and other heinous crimes against the people, taking them hostage and creating an atmosphere of terror;
* Condemns strongly the continued support and encouragement Pakistan is extending to subversive and terrorist activities in the Indian state of Jammu Kashmir;
* Calls upon Pakistan to stop forthwith its support to terrorism, which is in violation of the Simla Agreement and the internationally accepted norms of inter-State conduct and is the root cause of tension between the two countries reiterates that the Indian political and democratic structures and the Constitution provide for firm guarantees for the promotion and protection of human rights of all its citizens;
* Regard Pakistan’s anti-India campaign of calumny and falsehood as unacceptable and deplorable.
* Notes with deep concern the highly provocative statements emanating from Pakistan and urges Pakistan to refrain from making statements which vitiate the atmosphere and incite public opinion;
* Expresses regret and concern at the pitiable conditions and violations of human rights and denial of demoractic freedoms of the people in those areas of the Indian State of Jammu Kashmir, which are under the illegal occupation of Pakistan;
On behalf of the People of India,
Firmly declares that-
(a) The State of Jammu Kashmir has been, is and shall be an integral part of India and any attempts to separate it from the rest of the country will be resisted by all necessary means;
(b) India has the will and capacity to firmly counter all designs against its unity, sovereignty and territorial integrity;
and demands that –
(c) Pakistan must vacate the areas of the Indian State of Jammu Kashmir, which they have occupied through aggression; and resolves that-
(d) All attempts to interfere in the internal affairs of India will be met resolutely.”
Pakistan got its control over POJK during its attack on the princely state of Jammu Kashmir under Operation Gulmarg in 1947 that resulted into killing of thousands of innocent Hindus and Sikhs while thousands of young women, girls and children were kidnapped and taken captive by the raiders. In order to survive this campaign of ethnic cleansing Hindus and Sikhs were forced to flee from the areas of Mirpur, Muzaffarabad, Poonch and Gilgit-Baltistan leaving behind all their belongings. As of today, there are no estimates of Hindus or Sikhs left in the region and the entire population is assumed to have either been expelled, forcibly converted and those who refused were brutally killed.
This Indo-Pak war brought forcible territorial changes in erstwhile State of Jammu Kashmir that was divided across Line of Control (LoC). Jammu Kashmir which had total area of 222236 square kilometres (sq kms) in 1947 had four main regions Jammu, Kashmir, Ladakh and Gilgit. Out of this Mirpur, Muzaffarabad and Poonch had an area of 13297 sq kms whereas Gilgit-Baltistan had 64817 sq km area. The total area of 78114 sq kms of Jammu Kashmir which included Gilgit, Baltistan, Muzaffarabad, Mirpur and few tehsils of Poonch district came under the illegal occupation of Pakistan. And it was called as Pakistan occupied Jammu Kashmir (PoJK) till August 5, 2019. After August of 5, 2019 J&K was bifurcated into two Union Territories. The territory of the Union Territory of Jammu Kashmir under illegal occupation of Pakistan is called as Pakistan occupied Jammu Kashmir (POJK) having area of 13297 sq kms and Gilgit-Baltistan under the illegal control of Pakistan is called as Pakistan occupied Territories of Ladakh (POTL) having area of 64817 sq kms. During Indo-China war 1962, China occupied 37555 sq kms area of Jammu Kashmir. In 1963, Pakistan ceded 5180 sq km area to China. Thus, the total area under the illegal occupation of China is 42735 sq kms and known as China occupied Territories of Ladakh (COTL). The people displaced from POJK are the first victims of Independent India and popularly called as POJK Displaced Persons of 1947. Once displaced, they could not return to their homes till date. They are still emotionally connected with their land and religious places left in POJK. Maa Shardha Peeth, Mangla Mata Temple, Raghunath Temple, Kirtangarh Gurudwara, Hargobind Singh Gurudwara, Gilgit Buddha, etc. are the places of worship and rich cultural legacy. The survivors of POJK always dream of visiting their lands and worship at these holy places. Many of them left for heavenly abode without fulfilling their dreams.
In August 2022, nation has celebrated 75th year of India’s independence but it was the same year when POJK Displaced Persons observed 75 years of the sacrifices of their forefather in the interest of their motherland and their displacement from POJK. Different social organization of POJK organized various events in this regard in different locations of India. In Jammu Kashmir also, various organizations of POJK jointly under the banner of Jammu Kashmir Peoples Forum, held a mega rally ‘Shradhanjali Veh Punyabhoomi Smaran Sabha’ in Jammu to pay homage and floral tribute to the martyrs of POJK and remembered their pious motherland and religious places left in POJK. People from different walks and POJK Displaced Persons from living in different districts of Jammu and other states of India also participated in huge number. On this occasion people took pledge to bring back their territory illegally occupied by Pakistan.
It is a fact that the issue of POJK and its Displaced Persons remained unaddressed for most of the times and could not become the part of media, academic and political discourse. But with the coming of Narendra Modi as Prime Minister of India in the year 2014, there has been a significant shift in India’s strategy towards its areas illegally held by Pakistan and China. ‘Retrieving POJK’ is now on the national and political agenda of Modi Government and it has become more vocal and assertive upon its resolve to amalgamate the Pakistan-occupied territories again into Jammu Kashmir. Moreover, the sentiment of reclaiming the occupied territories of India under forceful occupation of Pakistan and China is clearly reflected in the statements of our national leaders and defence personnel. Some of the important statements have been mentioned here also.
In August 2016, while chairing an all-party meeting on Kashmir, PM Modi stated that meetings involving all stakeholders should also “include people from POJK living in other countries or places because POJK is also a part of India.”A few days later, addressing the nation on Independence Day, Mr Modi again mentioned POJK.
During debate over Article 370 in the Parliament in August 2019, Home Minister Amit Shah stated that whenever he referred to Jammu Kashmir it included POJK and Aksai Chin also. In August 2019, Defence Minister Rajnath Singh said that any talks with Pakistan would only be held “if it stops supporting terror” and that “if talks are held, it will now be only on POJK.”
In January 2020, Indian Army Chief, General Manoj Mukund Naravane while speaking to the media pointed out that a Parliamentary resolution states that the entire Jammu Kashmir region is a part of India. “There is a Parliamentary resolution, that entire Jammu Kashmir region is a part of India. If Parliament wants it, then that area (POJK) also should belong to us. If we get orders to that effect, we will take appropriate action.”
S. Jaishankar, the Eternal Affairs Minister has also made a strong statement on POJK in September 2019. He said, “POJK is part of India and we expect one day to have physical jurisdiction over it.”
On 27th of October 2022, Union Defence Minister Rajnath was speaking during the ‘Shaurya Diwas’ in Budgam district to commemorate the Indian Army’s successes made after the landing of soldiers in J&K on October 27, 1947. He said that ‘the mission of full integration of J&K that started on August 5, 2019 will complete when Gilgit-Baltistan and areas of the Pakistan Occupied Jammu Kashmir (POJK) will reunite with India’.
For the past few years the day of 22nd February is observed as ‘Sankalp Diwas’ by few organizations by organizing different academic and public programmes to create awareness among people regarding the resolution of Parliament vis-à-vis history and strategic importance of POJK. It is hoped that sooner Government will take back POJK and people will be able to visit their lands and offer prayers at their religious sites in person.
(The author is Academic Co-ordinator Jammu Kashmir Study Centre)
Follow our WhatsApp channel