Dr Bharti Gupta
“Sankalp Divas” marks the significance of February 22nd, 1994, when both houses of the Indian Parliament unanimously passed a resolution affirming that Jammu and Kashmir is an integral part of India. The resolution stressed that Pakistan should relinquish the territories it occupies within the state, thereby recognizing them as unlawfully held parts of the Indian Union.
A little peep into the historical facts makes the understanding of the Sankalp Divas clearer. On October 20, 1947, Pakistan launched an invasion of Jammu and Kashmir as part of Operation Gulmarg, with alleged support from the British. On 26 October 1947, Maharaja of the princely state of Jammu & Kashmir signed the Instrument of Accession with India. Thereafter, India gave its military support to flush out the so-called tribal invasion by Pakistan. In response to the escalating tensions, India, led by Prime Minister Nehru, sought intervention from the United Nations Security Council (UNSC) on January 1, 1948. The UNSC established the United Nations Commission for India and Pakistan (UNCIP) and passed Resolution 47 on April 21, 1948. This resolution called for an immediate ceasefire and urged Pakistan to withdraw tribesmen and Pakistani nationals from Jammu and Kashmir who had entered the state for combat purposes. The ceasefire agreement was imposed on January 1, 1949, when it was signed by General Gracey for Pakistan and General Roy Bucher for India.
As per the United Nations Commission for India and Pakistan (UNCIP), a two-phase plan was put forward for the withdrawal of military forces. In the initial phase, Pakistan was required to withdraw its troops along with any Pakistani nationals from the state. Following this, in the subsequent phase, upon notification from the Commission confirming Pakistan’s withdrawal, India was to commence withdrawing the majority of its forces. Once both withdrawals were accomplished, a plebiscite would be conducted. While India accepted this resolution, Pakistan effectively declined to comply with it and has been since then retaining illegal control on the Indian territories viz Pakistan Occupied Jammu and Kashmir (POJK) and Pakistan Occupied Territories of Ladakh (POTL). India maintains that its legal possession of Jammu and Kashmir was secured through the state’s accession.
POJK spans an area of 13,297 square kilometres, consisting primarily of three divisions: Muzaffarabad, Poonch, and Mirpur. Muzaffarabad encompasses the Kashmir part of the territory, comprising three districts: Neelum, Muzaffarabad, and Hattian Bala. The Jammu part of the territory is made up of Poonch and Mirpur divisions. Poonch includes four districts: Bagh, Haveli, Poonch, and Sudhnoti, while the Mirpur district encompasses Kotli, Mirpur, and Bhimber. The Jhelum River, along with its two major tributaries, the Neelum or Kishan Ganga and Poonch, is the main river traversing through POJK.
Pakistan refers to POJK as “Azad Jammu and Kashmir” (AJK). The region operates under regulations established by Pakistan over time. Despite being labelled as “Azad” (meaning “free”), the elected leaders of AJK hold nominal authority while actual power lies with politicians and bureaucrats in Islamabad. Freedom of expression and association are severely restricted in this territory.
Besides POJK, the territory under illegal occupation of Pakistan since 1947 is POTL i.e. the Pakistan Occupied Territory of Ladakh. Under this comes the area called Gilgit-Baltistan (GB in short). This comprises 85 percent of the territory under Pakistan’s illegal occupation. Under the Dogra rulers, till 1901, Gilgit, Baltistan and Ladakh were all a part of a single administrative division called Northern Frontiers. Post 1901, the Northern Frontiers were divided into Wazarats of Gilgit and Ladakh including Baltistan. Gilgit-Baltistan is a region over 72971 sq km which makes it more than five times the size of POJK. POTL or GB has been divided into three divisions namely Gilgit, Diamer and Baltistan. These three divisions are further divided into ten districts. Gilgit division includes Gilgit, Ghizer, Hunza and Nagar. The Diamer division includes two districts namely Diamer and Astore. The Baltistan division include four districts namely Ghanche, Kharmang, Shigar and Skardu.
The region came under Pakistan’s control in 1947, with covert assistance from the British. Major William Brown, the British commander of the Gilgit Scouts, unilaterally declared the accession to Pakistan on November 4, 1947. Designated as “The Northern Areas of Pakistan,” it was placed directly under Islamabad’s authority, distinct from the Pakistan-administered Jammu and Kashmir.
Since its establishment, POTL has lacked recognition under the Pakistani Constitution, and its inhabitants have had no political representation in the national Parliament. Only in 2009 did Islamabad begin direct administration of the region through a non-elected federal minister for the Northern Areas, pursuant to the Gilgit-Baltistan (Empowerment and Self-Governance) Order, 2009. Further, in its efforts to solidify its claim over GB, Pakistan introduced the Gilgit-Baltistan Order 2018.
In light of Pakistan’s unlawful occupation of Indian territories and its strategic endeavours to bolster control over the region, the collaboration with China on infrastructural projects under the China-Pakistan Economic Corridor (CPEC), a component of China’s Belt and Road Initiative, has sparked concerns and controversies. Certain agreements and initiatives within CPEC have raised questions about sovereignty and local autonomy, notably the construction of the Karakoram Highway (KKH), linking China’s Xinjiang region to Pakistan through Gilgit-Baltistan.
In addition to historical considerations, India has compelling reasons to advocate for the reclaiming of its territories, as the people residing in POJK and POTL endure severe adverse conditions. India has voiced concerns over reported human rights violations in these regions, including allegations of repression, discrimination, and limited political freedoms. Reclaiming POJK could provide an opportunity for India to address these concerns and safeguard the rights of the inhabitants.Furthermore, our religious and spiritual ties to heritage sites such as the Shardapeeth in Muzaffarabad, the Mangla Devi temple, and the Banganga temple in Mirpur, as well as the Devi Gali temple near Poonch and the Ali Baig Gurdwara in Bhimber tehsil, serve as profound motivators for our endeavors to reclaim the land rightfully belonging to us.
The Sankalp Divas is dedicated to reaffirming our resolve to reclaim the territories unjustly seized by our adversaries through deceitful schemes. It serves as a reminder of our historical ties and inspires us to inject fresh Vigor and determination into our quest to regain our rightful heritage.
(The author is Department of Tourism and Travel Management, Central University of Jammu)
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