Integrity Score 240
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The Fourth Fundamental: National Security Doctrine for Global Reach continues...
Paradoxically, despite a decisive legal basis for our claim to Kashmir, the Indian Government has inexplicably diluted it’s case on Kashmir by acknowledging that it was a “dispute” between India and Pakistan. This was admitted by India first in the United Nations in 1948. The United Nations Security Council had considered the Kashmir question only because Nehru as Prime Minister had taken the matter to the UN. Surprisingly Nehru did not have his Cabinet’s approval for seeking UN intervention, but even more strange is that subsequent Indian governments have not disowned Nehru. The UN Commission on India and Pakistan (UNCIP) Resolution of January 5, 1949 that limits the proposed plebiscite choice only to accession either to India or Pakistan—and not independence for Kashmir—thus made Pakistan the sole alternative party to the dispute. Since then, the Simla Pact (1972) and the recent Agra Indo-Pak Summit (2001) reaffirmed this UN given status to Pakistan in the Kashmir dispute, and legitimized Nehru’s folly.
Even the Indian Constitution (Article 370) clearly implies that Kashmir’s merger with India is incomplete and unresolved. Thus, though India had an impeccable legal claim to Kashmir, we have diluted our moral right to insist on it now because of the continuous acceptance by the Indian Government of the status of Kashmir as a disputed state in which Pakistan is a party, as also by the oft-stated commitment of India to resolve the question by peaceful negotiation with Pakistan. On June 14, 2003, Deputy Prime Minister L.K. Advani for example told CNN that in order to solve the Kashmir dispute India needed to “compromise with Pakistan” and resile from its “extreme position”. The legal dimension has thus evaporated and hence a future Indian government must formally repudiate; the commitment of Nehru and Mountbatten as not sanctioned by the Cabinet, and also disown Advani’s unilateral concession to Washington D.C.
to be continued.....
( This account is maintained by Har Anand Publication)