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Jammu & Kashmir
Recent history, the present
  and the way forward
Index
                Geography of Jammu and Kashmir
               Accession of the Princely state of J&K
             West-Pak refugees and DP's from POJK
                     Terrorism and Separatists
                        1994 parl resolution
Status of J&K regions under illegal occupation of Pakistan and China
               Way forward and role of Govt. of India
               Our role and further reading resources
Geography of Jammu and
       Kashmir
Jammu & Kashmir
Different regions of J&K state
     Jammu                     Kashmir




Area : 36, 315 Sq.Kms      Area : 22,000 Sq.Kms
Different regions of J&K state
             Ladakh




      Area : 1,64,748 Sq.Kms
Occupied Areas of J&K State
Accession of the Princely
      state of J&K
Status of J&K prior partiton

    Jammu, Kashmir and Ladakh regions were parts of the
    Indian pricely state of Maharaja hari Singh of Jammu and
    Kashmir

    Gilgit agency (a part of ladakh region) that was leased to
    the British by the Maharaja of J&K in 1935 was taken back
    by the Maharaja in 1947

    There was NO separatist movement (worth significance)
    nor demand from people of J&K to remain independent or
    to go to Pakistan

    National Conference's Sheik Mohd. Abdullah had pledged
    unconditional loyalty to the Maharaja in a letter dated 26th
    Sept. 1947

    Draft of the Instrument of accession that was to be signed
    by the princely states acceding to India Dominion was
    same for all such ( nearly 550) states, including J&K
Status of J&K after partition
                                     
                                         Tribesmen from NWFP aided and abetted by Pak infiltrated into J&K
                                     
                                         'Kabailis'/Tribesmen raided western J&K; Ransacked, looted and
                                         marauded men and women in their path
                                     
                                         Maharaja pleaded for materials as well as help from India and Britishas
                                         Pakistan had blocked all supply lines
                                     
                                         India did not agree for any direct help till Maharaja acceeds J&K to
                                         India
                                     
                                         Maharaja Hari Singh acceeded to India 'unconditionally' on 26th Oct
                                         1947
                                     
                                         Lord Mountbatten signed his acceptance on the Instrument of
                                         Accession on 27th Oct 1947. However, in a covering letter
                                         accompanying Maharaja’s letter (received with Instrument of accession)
                                         Mountbatten made a mention of “some dispute” that (otherwise)
                                         technically existed no where in terms of Indian Independence Act
                                         1947
                                     
                                         Indian Army was sent to J&K immediately 27th Oct 1947. The
For Representational purposes only
                                         infiltrators were checked and some areas were freed
Accession and thereafter

    Emergency administration with Sheikh Abdullah as its head was put in
    place in Oct, 1947.

    On 1st January 1948 Nehru’s government went with a complaint to UN
    that Pakistan had engineered an attack on Indian territories in J&K

    India declared ceasefire on 1st Jan 1949 and some areas transgressed by
    Pakistan are still not recovered.

    In view of the local administrative uncertainties prevailing in J&K, Article
    370 was incorporated in Constitution of India (1950) as a temporary
    measure for finalising centre–state operations/relations beyond the subjects
    that were listed in the Instrument of accession as Dominion subjects
    (Foreign Affairs, Defence, Communications and Allied Matters).

    Delhi Agreement of 1952 b/w Nehru and Abdullah was made to draw some
    guidelines for centre–state operations/relations beyond the subjects
    (Foreign Affairs, Defence, Communications and Allied Matters) that
    were listed in the Instrument of accession as Dominion subjects like -
    – Sadar-i-Riyasat will be elected by the State legislature; J&K state may keep some
      special rights of Indian citizens who were Subjects of Maharaja’s J&K ( Holding
      State Subject Certificate ); Supreme Court will have only appellate jurisdiction;
      Modification in scope of Article 352 (Emergency Powers); It was also agreed that
      the application of Article 356 (suspension of State Constitution) and 360 (financial
                                                                                             For Representational purposes only
      emergency) was not necessary; State to have its own flag;
West-Pak Refugees and
   DP's from POJK
Refugees from West Pakistan
 About 5,764 families, mostly Hindus & Sikhs, entered Jammu from West
  Pakistan (West Punjab) during and after partition in 1947; They were
  allowed to stay and were given 'refugee' status.
 Most of these refugees belong to the Scheduled Castes. They do have the
  benefits of SC/ST as per Indian constitution.
 Their present population is about 2,50,000; and are settled in the areas
  adjoining India and Pakistan Border right from Jorian to Kathua in Jammu.
 They live mostly in rural areas and under poor sanitary / health conditions
  and in economic deprivation
 Since 1947 these refugees have not been granted State Subject Certificate
  / Permanent Resident of J&K Status. Hence they can not get jobs under
  J&K Government, they can not buy property in J&K and cannot vote for
  J&K Assembly
 They can not take admission in J&K State owned professional colleges.
  Since they can not get admissions in J&K professional colleges / they can
  not get J&K Government Jobs, their children do not take education
  seriously.
 No doubt they are citizens of India and have rights like other citizens of
  India other than Permanent resident of J&K. However they can vote in
  Parliament Elections
Displaced people from POJK
                                      Those who migrated from POJK after tribal incursions (mainly from
                                       Muzafarabad , Mirpur, Kotli, Bhimbar , Deva Balala and also from Gilgit /
                                       Baltistan) were not given REFUGEE STATUS. They have been named by
                                       J&K Government as Displaced Persons.
                                      Neither GOI nor J&K Government has done any formal registration of the
                                       POJK DPs. Some people place the number of DPs around 1,200,000.
                                      No claims for their Properties have been given. Even meagre Ex Gratia
                                       that was given, was not given to all POJK DPs.

For Representational purposes only
                                      No educational or employment or commercial support provided to POJK
                                       DPs by GOI or State Government.
                                      Neither the UN nor any international Human Rights organizations have
                                       cared for their cause over 64Yrs.
                                      Their properties needs to be registered and should be compensated for
                                       delayed payments and neglect they suffered over 6 decades. Many of
                                       them could not get PRC due to violent circumstances of displacement in
                                       1947 and cannot even construct their own house in this part of J&K.
                                      International human rights law is unambiguous about the prohibition of
                                       citizenship based on “jus sanguine” i.e. based on the nationality of their
                                       parents instead of where they are born
For Representational purposes only
Terrorism and Separatists
Terrorism & exodus from Kashmir Valley
        During 1989-1991 time period, lakhs of Kashmiri families (98% of them were Kashmiri Pandits)
         were expelled from their native Kashmir valley after a combination of violence and explicit threats
         by Islamic terrorists aided and inspired by Pakistan.
        Even after 22 years in exile more than 50,000 refugees, most of them Kashmiri Pandits,
         mislabeled as "migrants" live in squalid camps with spiralling health and economic problems.
        Some of the Kashmir valley migrants who were non State Subjects (those living and working in
         valley even since 1960 but belonged to Punjab / UP / etc) have been given no assistance by the
         Government, not even the monthly relief.
        Kashmiri pandits leaders suggest that return is possible only after a consensual rehabilitation
         scheme that guanrentees security to their life and property
        Whenever any attempt to facilitate their return to the Valley has been initiated, a major incident of
         terrorist violence has occurred;
                –     Jan 26, 1998 Gandherbal massacre,
                –     Killings of Sangrampora in Budgam district on March 22, 1997,
                –     Massacre of 26 Hindus at Prankote on April 21, 1998;
                –     Killing of 24 Kashmir Pandits (who stayed back) at Nadimarg Villag on March 2003;
Separatists – who are they?
 Al Fatah, a militant organization organized and funded by
  Pakistan started a armed separatist activities in J&K in 1966
 In the 1970s, Pakistan's ISI started to train Sikhs and other
  anti-India elements as part of Zulfiqar Ali Bhutto's strategy
 In 1980's Jamait-e-Islami another terrorist organization incited
  Kashmir youths to take up arms and be part of anti-India
  operations
 Terrorist organizations that operated or operating in J&K like
  JKLF,     Harkat-ul-Mujahiddeen,    Lashkar-e-toiba,    Hizbul
  Mujahiddeen are funded and maintained by Pakistan's ISI
 Separatist like Syed Ali Shah Geelani, Mirwaiz Farooq and
  Yasin Malik, advocate separatism based on religious grounds
  in the Valley.
 There are some so called mainstream “political” parties also
  who suggest something like dilution of 1947 Accession of
  J&K with India. Self Rule proposals of J&K PDP suggesting
  JOINT Control of Pakistan and India over some affairs of J&K
  too promotes the separatist ideologies.
1994 Parliament Resolution
1994 Parl resolution
In view of the increased terrorist violence and Pakistan’s
   attempts to highlight the Kashmir dispute, both houses
   of the Indian Parliament unanimously adopted a
   resolution on February 22, 1994, emphasizing that
   Jammu and Kashmir was an integral part of India, and
   that Pakistan must vacate parts of the State under its
   occupation. The highlights of the resolution follows:
 The State of J&K 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;
 India has the will and capacity to firmly counter all
  designs against its unity, sovereignty and territorial
  integrity; and demands that -                                   For Representational purposes only

   – Pakistan must vacate the areas of the Indian State
     of Jammu and Kashmir, which they have
     occupied through aggression; and resolves that -
   – All attempts to interfere in the internal affairs of India
     will be met resolutely.
Status of J&K areas under
  illegal occupation of
   Pakistan and China
Status of J&K under illegal occupation of Pak & China
 POJK govt works like a war council under 'Rules of Business (ROB)
  with almost no say in its own affairs
 People of POJK have no say in any administrative or legislative
  changes
 POJK council has nominal powers and functions under direct
  control of Pak govt.
 Mirpuris were forced to flee their homeland when hundreds of
  villages were inundated following the construction of the Mangla
  Dam.
 POJK DPs will not be able to locate their properties left back home
  and there is no record even with GOI as no registration of POJK
  DPs has been done so far

                                                                         Gilgit-Baltistan, came under direct rule of Pakistan after Karachi
                                                                          Agreement and was termed 'Northern Areas'.
                                                                         Northern Areas were ruled by Pak directly till 1993 with a joint
                                                                          secretary level officer as in-charge
                                                                         Pakistan’s SC in 1994 upheld the Muzaffarabad High Court
                                                                          decision that Northern Areas (Gilgit and Baltistan) are NOT a
                                                                          part of Pakistan, but a part of State of J&K.
                                                                         Gilgit-Baltistan got its first CM after 6 decades

   For Representational purposes only
Rights Violations and Neglect in POJK, Gilgit & Baltistan
                                      There are only 12 high schools and 2 regional colleges
                                       for a population of 8,70,347 in Gilgit-Baltistan
                                      There are no professional colleges in Gilgit-Baltistan
                                      Locals get 25% less than non-native workers in the
                                       government sector. There are no local dailies or radio or
                                       television sation; Just 1 doctor for 6000 people
                                      Almost all of 15000 mega watts generated in Gilgit is
                                       used by other areas of Pak and even China leaving Gilgit
                                       in the dark
                                      No freedom of expression, no press freedom; Arbitrary
                                       arrests and detentions are common
                                      2005 earthquake left thousands dead and lakhs
                                       homeless in the region. Pakistan governemnt provided
                                       no respite
                                      Militant groups threaten locals who do not co-operate or
                                       support their terror activities
                                      Pakistan is bent upon changing the Demographics of
For Representational purposes only     Gilgit Baltistan sub region by “flooding” in people from
                                       other areas of Pakistan
Aspirations of people of POJK, Ladakh and Gilgit
 Local Gilgit people are agitating to undo the designs of Pakistan to
  overshadow the local Shia majority with Sunni/Pathan through unfair
  demographic flooding
 The Gilgit-Baltistan united action forum for self-frule has been demanding
  right to self-rule as well as some status atleast comparable to that of
  Mirpur/Muzaffarbad
 Remove the Chinese troops on their soil, which is estimated anywhere
  inbetween 7000-11000
 Some are calling on UN and International Court of Justice(ICJ) to book
  Musharraf and other Pak generals for genocide carried out by them in
  Northern Areas
 People are agitating to move out all the Pakistani troops from civilian
  areas of Gilgit-Baltistan
 Students from Gilgit-Baltistan demand reservation for seats in premier
  institutions like IITs and IIMs
 Adequate share of power and economy generated from hydro-electric
  projects inside Gilgit for local population
 More than 900 have been killed, 1000s disalbed and more than 40 are
  allegedly missing as a result of recent uprising in the sub region
                                                                               For Representational purposes only
Way forward and Role of
     Govt. Of India
Strategic importance of POJK for India
 PoJK has a lot of strategic significance for India: it is the
  gateway to Central Asia through the Wakhan Corridor and
  at the same time it has rich water resources. Thus, there is
  greater need for India to take a more proactive approach on
  PoJK, not only because it is a part of its territory but
  because of the high strategic stakes.
 Indian strategic analysts should build future scenarios on
  PoJK through more conferences and publication of factual
  reports on PoJK to revisit the entire issue
 Gilgit is a throughfare to Afghanistan, central asia and
  countries of erstwhile USSR
 China is connected to Pakistan by the Karakoram Highway
 Karakoram Highway has been used for illegal transfer of
  nuclear material from China to Pakistan
 Several Hydel projects and infrastructure projects are being
  planned by China in Gilgit and Baltistan
 Gilgit is rich in several minerals like uranium, rich copper
  and gems like topaz, quartz, albite, etc                        For Representational purposes only
J&K – Way forward

    As the accession of J&K is both legal and ethical, abrogate article 370 as
    it was meant to be a temporary measure

    In accordance with 1994 Parliamentary Resolution on J&K, India should
    openly claim its rightful position on PoJK in international fora and
    denounce Pakistan's illegal occupation of the territory by aggression in
    1947.

    Annul the 1952 Delhi Agreement and 1974 Kashmir accords. The
    discourse on autonomy in J&K needs to be analysed in thecontext of what
    is taking place across the LoC in PoJK

    Grant Permanent Resident of J&K status to all West Pak refugees.
    Properly and adequately settle / resettle all POJK DPs , West Pak
    refugees as well the displaced persons / refuges of 1965 / 1971 wars.

    Government of India needs to create more opportunities for investment
    and employment in J&K                                                        
                                                                                     Tourism outside Kashmir valley like Jammu (Poonch, Rajouri,
                                                                                     Bhaderwa, Kishtwar, Udhampur , Kathua, Doda etc) and Ladakh
                                                                                     regions needs to be given more impetus so that the economy of
                                                                                     these regions grows and the neglect of 60 yrs is undone.
                                                                                 
                                                                                     Take measures to conserve and improve the local cultures,
                                                                                     languages, customs and traditions in Jammu and Ladakh regions
                                                                                 
                                                                                     GOI's should come out of the culture of working with a Kashmir
                                                                                     valley centric approach.
                                                                                 
                                                                                     Engage leaders and people from Jammu and Ladakh in decisions
                           For Representational purposes only                        related to J&K
Role of India in POJK and Gilgit-Baltistan
                                        India should also bring to the notice of the world the gross human
                                         rights violations in PoJK and expose the policies of the Pakistan
                                         government towards so-called “AJK” and Gilgit-Baltistan
                                        The Indian government should come out with a 'White Paper' on
                                         PoJK to convey a clear and explicit message to Pakistan that it is
                                         in illegal occupation of the region.
                                        A similar message needs to be conveyed to China that its role in
                                         PoJK is totally unjustified and against the process of normalization
                                         of Indo-China relations
                                        Indian government should provide scholarships to students from
                                         Gilgit-Baltistan and engage the people in Gilgit-Baltistan in
                                         meaningful dialogues
                                        J&K government may consider proportionately allocating some of
                                         the 24 seats in Assembly that are reserved for POJK and allow
                                         the DP's from POJK to vote for those seats.
                                        People of POJK are citizens of India. They may be allowed to visit
                                         India after proper check of their antecedents.
                                        Demand for reservations of people of Gilgit-Baltistan in premier
                                         institutions in India like IIT and IIMs should be considered
                                         provided they declare themselves are citizens of India.
  For Representational purposes only
Opportunities in J&K
1.Tourism and Hospitality
  1. Religious Tourism - Famous archaeological and historical sites. Ladakh has Buddhist
     sites. Jammu has tremendous scope for summer / winter Commercial Tourism as well
     as pilgrim Tourism
  2. Adventure Tourism – Ladakh offer several routes for trekking and mountaineering.
  3. Wildlife Tourism – National parks & Sanctuaries, Dachigam and Chitral National park

1.Textiles – People of J&K possess inherent skills of weaving and designing of textile .
Handicraft and handloom sector act as the source of foreign exchange earnings for the
economy

1.Minerals - J&K possess large mineral deposits of uranium, copper, etc. Gilgit-Baltistan is
rich in deposits of uranium and quality gemstones

1.Industrial policy - Attractive incentives, single-window clearance, land at concession
rates for 90 years lease. The cost of setting up operations is, comparatively, lower.




                                                                     For Representational purposes only
Opportunities in J&K
1.Horticulture, Floriculture, Sericulture and Handicrafts - Horticulture is the bulwark of
rural economy in the state. State is a leading producer of apples, walnuts, pears, almonds
and apricots. Has huge potential for manufacture & exports of processed food and allied
services.

    1. The floriculture industry supplies flowers to, both, domestic and international markets
       with over $2million turnover.
    2. Silk carpets & shawls are famous the world over. Can earn a substantial foreign
       exchange.

2. Agriculture - Exports from Jammu and Kashmir include apples,cherries, corn, millet,
rice, peaches, pears, saffron, sorghum and vegetables.

    1. Lot of scope for promotion of new projects for super quality saffron cultivation in
       Jammu Region ( Kishtwar ), rare quality spices like black Jeera in Kishtwar / Ladakh
       areas , world famous pulses like Rajmash , Wild honey , Guchi ( wild black
       mushroom ) in Jammu region.




                                                                     For Representational purposes only
Our role and further reading
         resources
What is our role
    Read more about J&K and Gilgit-Baltistan; Lots of book, periodicals and articles
     are available
    Talk to people about Jammu and Kashmir; Interact with people from J&K more
     often
    Write in papers, magazines, blogs and on social networking sites; Translate
     articles on J&K from English to local language and distribute
    Visit J&K and border areas and learn more about the people who live there
    Encourage PHd students to research on J&K
    People among you interested in law, should write on legal status of J&K more
     often
    Plan a tour of places in J&K, especially in Jammu and Ladakh region, write
     travelogues, spread the word. Guide people who travel there.

It is our responsibility to change discourse on Jammu and Kashmir
Further Reading
 PAKISTAN OCCUPIED KASHMIR: CHANGING THE DISCOURSE: IDSA Report
 Pakistan Occupied Kashmir: The Untold Story : Virendra Gupta and Alok Bansal
 Jammu and Kashmir Affairs- Mishandled :: Misquoted :: Miscarried : Daya Sagar
 Jammu and Kashmir 1947 Accession and events thereafter : Daya Sagar
 (HINDI) Jammu-Kashmir – Varthman paridryushya aur bhavi disha : Dr.Mohanrao Bhagwat
 (HINDI) Jammu Kashmir : Tatya, Samasyayein aur samadhan : Ashutosh
 Article 370 – Law and Politics : Daya Sagar
 The Armed Forces Special Powers Act 1990 – A Perspective : Jaibans Singh
 A look Through the Mist : Peoples Democratic Party Self Rule Document Oct 2008 : Daya
  Sagar
 Balochistan in Turmoil: Pakistan at Crossroads : Alok Bansal
 Websites : http://jammukashmirtoday.blogspot.in/ and http://www.gilgitbaltistan.us/
Acknowledgements

 Jammu Kashmir Study Centre – Kargil Bhavan, Jammu; An initiative to focus on the
  study of issues and solutions related to the state of Jammu and Kashmir
 Arun Kumar – Director, Jammu-Kashmir Study Centre
 Daya Sagar – Author, Social activist and freelance scribe, specialist on J&K affairs
 Ashutosh – Author, Social activist and heads J&K study centre at New Delhi
 IDSA - The Institute for Defence Studies and Analyses (IDSA) is autonomous body
  dedicated to studies on all aspects of defence and security.
 Centre for Security and Strategy(CSS) – An initiative of the Indian Foundation to
  study and strategize various aspects of the security challenges faced by India
 Websites : http://jammukashmirtoday.blogspot.in/ and http://www.gilgitbaltistan.us/
Dhanyavad
Instrument of Accession
Instrument of Accession - Acceptance
Jammu & Kashmir
– Some facts and figures
Jammu andkashmir   a presentation
Jammu andkashmir   a presentation
Jammu andkashmir   a presentation

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Jammu andkashmir a presentation

  • 1. Jammu & Kashmir Recent history, the present and the way forward
  • 2. Index Geography of Jammu and Kashmir Accession of the Princely state of J&K West-Pak refugees and DP's from POJK Terrorism and Separatists 1994 parl resolution Status of J&K regions under illegal occupation of Pakistan and China Way forward and role of Govt. of India Our role and further reading resources
  • 3. Geography of Jammu and Kashmir
  • 5. Different regions of J&K state Jammu Kashmir Area : 36, 315 Sq.Kms Area : 22,000 Sq.Kms
  • 6. Different regions of J&K state Ladakh Area : 1,64,748 Sq.Kms
  • 7. Occupied Areas of J&K State
  • 8. Accession of the Princely state of J&K
  • 9. Status of J&K prior partiton  Jammu, Kashmir and Ladakh regions were parts of the Indian pricely state of Maharaja hari Singh of Jammu and Kashmir  Gilgit agency (a part of ladakh region) that was leased to the British by the Maharaja of J&K in 1935 was taken back by the Maharaja in 1947  There was NO separatist movement (worth significance) nor demand from people of J&K to remain independent or to go to Pakistan  National Conference's Sheik Mohd. Abdullah had pledged unconditional loyalty to the Maharaja in a letter dated 26th Sept. 1947  Draft of the Instrument of accession that was to be signed by the princely states acceding to India Dominion was same for all such ( nearly 550) states, including J&K
  • 10. Status of J&K after partition  Tribesmen from NWFP aided and abetted by Pak infiltrated into J&K  'Kabailis'/Tribesmen raided western J&K; Ransacked, looted and marauded men and women in their path  Maharaja pleaded for materials as well as help from India and Britishas Pakistan had blocked all supply lines  India did not agree for any direct help till Maharaja acceeds J&K to India  Maharaja Hari Singh acceeded to India 'unconditionally' on 26th Oct 1947  Lord Mountbatten signed his acceptance on the Instrument of Accession on 27th Oct 1947. However, in a covering letter accompanying Maharaja’s letter (received with Instrument of accession) Mountbatten made a mention of “some dispute” that (otherwise) technically existed no where in terms of Indian Independence Act 1947  Indian Army was sent to J&K immediately 27th Oct 1947. The For Representational purposes only infiltrators were checked and some areas were freed
  • 11. Accession and thereafter  Emergency administration with Sheikh Abdullah as its head was put in place in Oct, 1947.  On 1st January 1948 Nehru’s government went with a complaint to UN that Pakistan had engineered an attack on Indian territories in J&K  India declared ceasefire on 1st Jan 1949 and some areas transgressed by Pakistan are still not recovered.  In view of the local administrative uncertainties prevailing in J&K, Article 370 was incorporated in Constitution of India (1950) as a temporary measure for finalising centre–state operations/relations beyond the subjects that were listed in the Instrument of accession as Dominion subjects (Foreign Affairs, Defence, Communications and Allied Matters).  Delhi Agreement of 1952 b/w Nehru and Abdullah was made to draw some guidelines for centre–state operations/relations beyond the subjects (Foreign Affairs, Defence, Communications and Allied Matters) that were listed in the Instrument of accession as Dominion subjects like - – Sadar-i-Riyasat will be elected by the State legislature; J&K state may keep some special rights of Indian citizens who were Subjects of Maharaja’s J&K ( Holding State Subject Certificate ); Supreme Court will have only appellate jurisdiction; Modification in scope of Article 352 (Emergency Powers); It was also agreed that the application of Article 356 (suspension of State Constitution) and 360 (financial For Representational purposes only emergency) was not necessary; State to have its own flag;
  • 12. West-Pak Refugees and DP's from POJK
  • 13. Refugees from West Pakistan  About 5,764 families, mostly Hindus & Sikhs, entered Jammu from West Pakistan (West Punjab) during and after partition in 1947; They were allowed to stay and were given 'refugee' status.  Most of these refugees belong to the Scheduled Castes. They do have the benefits of SC/ST as per Indian constitution.  Their present population is about 2,50,000; and are settled in the areas adjoining India and Pakistan Border right from Jorian to Kathua in Jammu.  They live mostly in rural areas and under poor sanitary / health conditions and in economic deprivation  Since 1947 these refugees have not been granted State Subject Certificate / Permanent Resident of J&K Status. Hence they can not get jobs under J&K Government, they can not buy property in J&K and cannot vote for J&K Assembly  They can not take admission in J&K State owned professional colleges. Since they can not get admissions in J&K professional colleges / they can not get J&K Government Jobs, their children do not take education seriously.  No doubt they are citizens of India and have rights like other citizens of India other than Permanent resident of J&K. However they can vote in Parliament Elections
  • 14. Displaced people from POJK  Those who migrated from POJK after tribal incursions (mainly from Muzafarabad , Mirpur, Kotli, Bhimbar , Deva Balala and also from Gilgit / Baltistan) were not given REFUGEE STATUS. They have been named by J&K Government as Displaced Persons.  Neither GOI nor J&K Government has done any formal registration of the POJK DPs. Some people place the number of DPs around 1,200,000.  No claims for their Properties have been given. Even meagre Ex Gratia that was given, was not given to all POJK DPs. For Representational purposes only  No educational or employment or commercial support provided to POJK DPs by GOI or State Government.  Neither the UN nor any international Human Rights organizations have cared for their cause over 64Yrs.  Their properties needs to be registered and should be compensated for delayed payments and neglect they suffered over 6 decades. Many of them could not get PRC due to violent circumstances of displacement in 1947 and cannot even construct their own house in this part of J&K.  International human rights law is unambiguous about the prohibition of citizenship based on “jus sanguine” i.e. based on the nationality of their parents instead of where they are born For Representational purposes only
  • 16. Terrorism & exodus from Kashmir Valley  During 1989-1991 time period, lakhs of Kashmiri families (98% of them were Kashmiri Pandits) were expelled from their native Kashmir valley after a combination of violence and explicit threats by Islamic terrorists aided and inspired by Pakistan.  Even after 22 years in exile more than 50,000 refugees, most of them Kashmiri Pandits, mislabeled as "migrants" live in squalid camps with spiralling health and economic problems.  Some of the Kashmir valley migrants who were non State Subjects (those living and working in valley even since 1960 but belonged to Punjab / UP / etc) have been given no assistance by the Government, not even the monthly relief.  Kashmiri pandits leaders suggest that return is possible only after a consensual rehabilitation scheme that guanrentees security to their life and property  Whenever any attempt to facilitate their return to the Valley has been initiated, a major incident of terrorist violence has occurred; – Jan 26, 1998 Gandherbal massacre, – Killings of Sangrampora in Budgam district on March 22, 1997, – Massacre of 26 Hindus at Prankote on April 21, 1998; – Killing of 24 Kashmir Pandits (who stayed back) at Nadimarg Villag on March 2003;
  • 17. Separatists – who are they?  Al Fatah, a militant organization organized and funded by Pakistan started a armed separatist activities in J&K in 1966  In the 1970s, Pakistan's ISI started to train Sikhs and other anti-India elements as part of Zulfiqar Ali Bhutto's strategy  In 1980's Jamait-e-Islami another terrorist organization incited Kashmir youths to take up arms and be part of anti-India operations  Terrorist organizations that operated or operating in J&K like JKLF, Harkat-ul-Mujahiddeen, Lashkar-e-toiba, Hizbul Mujahiddeen are funded and maintained by Pakistan's ISI  Separatist like Syed Ali Shah Geelani, Mirwaiz Farooq and Yasin Malik, advocate separatism based on religious grounds in the Valley.  There are some so called mainstream “political” parties also who suggest something like dilution of 1947 Accession of J&K with India. Self Rule proposals of J&K PDP suggesting JOINT Control of Pakistan and India over some affairs of J&K too promotes the separatist ideologies.
  • 19. 1994 Parl resolution In view of the increased terrorist violence and Pakistan’s attempts to highlight the Kashmir dispute, both houses of the Indian Parliament unanimously adopted a resolution on February 22, 1994, emphasizing that Jammu and Kashmir was an integral part of India, and that Pakistan must vacate parts of the State under its occupation. The highlights of the resolution follows:  The State of J&K 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;  India has the will and capacity to firmly counter all designs against its unity, sovereignty and territorial integrity; and demands that - For Representational purposes only – Pakistan must vacate the areas of the Indian State of Jammu and Kashmir, which they have occupied through aggression; and resolves that - – All attempts to interfere in the internal affairs of India will be met resolutely.
  • 20. Status of J&K areas under illegal occupation of Pakistan and China
  • 21. Status of J&K under illegal occupation of Pak & China  POJK govt works like a war council under 'Rules of Business (ROB) with almost no say in its own affairs  People of POJK have no say in any administrative or legislative changes  POJK council has nominal powers and functions under direct control of Pak govt.  Mirpuris were forced to flee their homeland when hundreds of villages were inundated following the construction of the Mangla Dam.  POJK DPs will not be able to locate their properties left back home and there is no record even with GOI as no registration of POJK DPs has been done so far  Gilgit-Baltistan, came under direct rule of Pakistan after Karachi Agreement and was termed 'Northern Areas'.  Northern Areas were ruled by Pak directly till 1993 with a joint secretary level officer as in-charge  Pakistan’s SC in 1994 upheld the Muzaffarabad High Court decision that Northern Areas (Gilgit and Baltistan) are NOT a part of Pakistan, but a part of State of J&K.  Gilgit-Baltistan got its first CM after 6 decades For Representational purposes only
  • 22. Rights Violations and Neglect in POJK, Gilgit & Baltistan  There are only 12 high schools and 2 regional colleges for a population of 8,70,347 in Gilgit-Baltistan  There are no professional colleges in Gilgit-Baltistan  Locals get 25% less than non-native workers in the government sector. There are no local dailies or radio or television sation; Just 1 doctor for 6000 people  Almost all of 15000 mega watts generated in Gilgit is used by other areas of Pak and even China leaving Gilgit in the dark  No freedom of expression, no press freedom; Arbitrary arrests and detentions are common  2005 earthquake left thousands dead and lakhs homeless in the region. Pakistan governemnt provided no respite  Militant groups threaten locals who do not co-operate or support their terror activities  Pakistan is bent upon changing the Demographics of For Representational purposes only Gilgit Baltistan sub region by “flooding” in people from other areas of Pakistan
  • 23. Aspirations of people of POJK, Ladakh and Gilgit  Local Gilgit people are agitating to undo the designs of Pakistan to overshadow the local Shia majority with Sunni/Pathan through unfair demographic flooding  The Gilgit-Baltistan united action forum for self-frule has been demanding right to self-rule as well as some status atleast comparable to that of Mirpur/Muzaffarbad  Remove the Chinese troops on their soil, which is estimated anywhere inbetween 7000-11000  Some are calling on UN and International Court of Justice(ICJ) to book Musharraf and other Pak generals for genocide carried out by them in Northern Areas  People are agitating to move out all the Pakistani troops from civilian areas of Gilgit-Baltistan  Students from Gilgit-Baltistan demand reservation for seats in premier institutions like IITs and IIMs  Adequate share of power and economy generated from hydro-electric projects inside Gilgit for local population  More than 900 have been killed, 1000s disalbed and more than 40 are allegedly missing as a result of recent uprising in the sub region For Representational purposes only
  • 24. Way forward and Role of Govt. Of India
  • 25. Strategic importance of POJK for India  PoJK has a lot of strategic significance for India: it is the gateway to Central Asia through the Wakhan Corridor and at the same time it has rich water resources. Thus, there is greater need for India to take a more proactive approach on PoJK, not only because it is a part of its territory but because of the high strategic stakes.  Indian strategic analysts should build future scenarios on PoJK through more conferences and publication of factual reports on PoJK to revisit the entire issue  Gilgit is a throughfare to Afghanistan, central asia and countries of erstwhile USSR  China is connected to Pakistan by the Karakoram Highway  Karakoram Highway has been used for illegal transfer of nuclear material from China to Pakistan  Several Hydel projects and infrastructure projects are being planned by China in Gilgit and Baltistan  Gilgit is rich in several minerals like uranium, rich copper and gems like topaz, quartz, albite, etc For Representational purposes only
  • 26. J&K – Way forward  As the accession of J&K is both legal and ethical, abrogate article 370 as it was meant to be a temporary measure  In accordance with 1994 Parliamentary Resolution on J&K, India should openly claim its rightful position on PoJK in international fora and denounce Pakistan's illegal occupation of the territory by aggression in 1947.  Annul the 1952 Delhi Agreement and 1974 Kashmir accords. The discourse on autonomy in J&K needs to be analysed in thecontext of what is taking place across the LoC in PoJK  Grant Permanent Resident of J&K status to all West Pak refugees. Properly and adequately settle / resettle all POJK DPs , West Pak refugees as well the displaced persons / refuges of 1965 / 1971 wars.  Government of India needs to create more opportunities for investment and employment in J&K  Tourism outside Kashmir valley like Jammu (Poonch, Rajouri, Bhaderwa, Kishtwar, Udhampur , Kathua, Doda etc) and Ladakh regions needs to be given more impetus so that the economy of these regions grows and the neglect of 60 yrs is undone.  Take measures to conserve and improve the local cultures, languages, customs and traditions in Jammu and Ladakh regions  GOI's should come out of the culture of working with a Kashmir valley centric approach.  Engage leaders and people from Jammu and Ladakh in decisions For Representational purposes only related to J&K
  • 27. Role of India in POJK and Gilgit-Baltistan  India should also bring to the notice of the world the gross human rights violations in PoJK and expose the policies of the Pakistan government towards so-called “AJK” and Gilgit-Baltistan  The Indian government should come out with a 'White Paper' on PoJK to convey a clear and explicit message to Pakistan that it is in illegal occupation of the region.  A similar message needs to be conveyed to China that its role in PoJK is totally unjustified and against the process of normalization of Indo-China relations  Indian government should provide scholarships to students from Gilgit-Baltistan and engage the people in Gilgit-Baltistan in meaningful dialogues  J&K government may consider proportionately allocating some of the 24 seats in Assembly that are reserved for POJK and allow the DP's from POJK to vote for those seats.  People of POJK are citizens of India. They may be allowed to visit India after proper check of their antecedents.  Demand for reservations of people of Gilgit-Baltistan in premier institutions in India like IIT and IIMs should be considered provided they declare themselves are citizens of India. For Representational purposes only
  • 28. Opportunities in J&K 1.Tourism and Hospitality 1. Religious Tourism - Famous archaeological and historical sites. Ladakh has Buddhist sites. Jammu has tremendous scope for summer / winter Commercial Tourism as well as pilgrim Tourism 2. Adventure Tourism – Ladakh offer several routes for trekking and mountaineering. 3. Wildlife Tourism – National parks & Sanctuaries, Dachigam and Chitral National park 1.Textiles – People of J&K possess inherent skills of weaving and designing of textile . Handicraft and handloom sector act as the source of foreign exchange earnings for the economy 1.Minerals - J&K possess large mineral deposits of uranium, copper, etc. Gilgit-Baltistan is rich in deposits of uranium and quality gemstones 1.Industrial policy - Attractive incentives, single-window clearance, land at concession rates for 90 years lease. The cost of setting up operations is, comparatively, lower. For Representational purposes only
  • 29. Opportunities in J&K 1.Horticulture, Floriculture, Sericulture and Handicrafts - Horticulture is the bulwark of rural economy in the state. State is a leading producer of apples, walnuts, pears, almonds and apricots. Has huge potential for manufacture & exports of processed food and allied services. 1. The floriculture industry supplies flowers to, both, domestic and international markets with over $2million turnover. 2. Silk carpets & shawls are famous the world over. Can earn a substantial foreign exchange. 2. Agriculture - Exports from Jammu and Kashmir include apples,cherries, corn, millet, rice, peaches, pears, saffron, sorghum and vegetables. 1. Lot of scope for promotion of new projects for super quality saffron cultivation in Jammu Region ( Kishtwar ), rare quality spices like black Jeera in Kishtwar / Ladakh areas , world famous pulses like Rajmash , Wild honey , Guchi ( wild black mushroom ) in Jammu region. For Representational purposes only
  • 30. Our role and further reading resources
  • 31. What is our role  Read more about J&K and Gilgit-Baltistan; Lots of book, periodicals and articles are available  Talk to people about Jammu and Kashmir; Interact with people from J&K more often  Write in papers, magazines, blogs and on social networking sites; Translate articles on J&K from English to local language and distribute  Visit J&K and border areas and learn more about the people who live there  Encourage PHd students to research on J&K  People among you interested in law, should write on legal status of J&K more often  Plan a tour of places in J&K, especially in Jammu and Ladakh region, write travelogues, spread the word. Guide people who travel there. It is our responsibility to change discourse on Jammu and Kashmir
  • 32. Further Reading  PAKISTAN OCCUPIED KASHMIR: CHANGING THE DISCOURSE: IDSA Report  Pakistan Occupied Kashmir: The Untold Story : Virendra Gupta and Alok Bansal  Jammu and Kashmir Affairs- Mishandled :: Misquoted :: Miscarried : Daya Sagar  Jammu and Kashmir 1947 Accession and events thereafter : Daya Sagar  (HINDI) Jammu-Kashmir – Varthman paridryushya aur bhavi disha : Dr.Mohanrao Bhagwat  (HINDI) Jammu Kashmir : Tatya, Samasyayein aur samadhan : Ashutosh  Article 370 – Law and Politics : Daya Sagar  The Armed Forces Special Powers Act 1990 – A Perspective : Jaibans Singh  A look Through the Mist : Peoples Democratic Party Self Rule Document Oct 2008 : Daya Sagar  Balochistan in Turmoil: Pakistan at Crossroads : Alok Bansal  Websites : http://jammukashmirtoday.blogspot.in/ and http://www.gilgitbaltistan.us/
  • 33. Acknowledgements  Jammu Kashmir Study Centre – Kargil Bhavan, Jammu; An initiative to focus on the study of issues and solutions related to the state of Jammu and Kashmir  Arun Kumar – Director, Jammu-Kashmir Study Centre  Daya Sagar – Author, Social activist and freelance scribe, specialist on J&K affairs  Ashutosh – Author, Social activist and heads J&K study centre at New Delhi  IDSA - The Institute for Defence Studies and Analyses (IDSA) is autonomous body dedicated to studies on all aspects of defence and security.  Centre for Security and Strategy(CSS) – An initiative of the Indian Foundation to study and strategize various aspects of the security challenges faced by India  Websites : http://jammukashmirtoday.blogspot.in/ and http://www.gilgitbaltistan.us/
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  • 40. Instrument of Accession - Acceptance
  • 41. Jammu & Kashmir – Some facts and figures