Sanjeev Nayyar - Everything you wanted to know about The Kashmir problem

Everything you wanted to know aboutthe Kashmir problemSixty-seven years after Jammu & Kashmirjoined the Indian Union, all issues aboutthe state have got clouded in claims andcounter-claims.This ebook is intended to put the facts in someperspective.-Sanjeev Nayyar The author is a Chartered Accountant and independent columnist. The article is based on inputs from Arvind Lavakares The Truth behind Article 370 and Daya Sagars History of Delimitation inJ&K On 26 October 1947, the princely state *Nehru chose to go to the UN on 1 January 1948 of Jammu & Kashmir formally became on the Pakistani/Pathan aggression. a part of the Indian Union. Pakistan never accepted the decision of Maharaja Hari *Resolutions adopted by UN Commission for Singh, who was legally empowered to sign the India and Pakistan on 13 August 1948 and 5 instrument of accession, as final. It has repeat January 1949 provide for a plebiscite after the edly tried to use force and terrorism to change withdrawal of troops from Pakistan. *The regent of J&K, Yuvraj Karan Singh, is sued a proclamation on 25 November 1949 that Even today, whenever the issues of J&Ks acces- legally declared total oneness with the Constitu-sion to India and article 370 which gives J&K tion of India. special status - are raised, emotions run high. special status - are raised, emotions run high.

Information is cherry picked, arguments are *Article 370, which gave J&K the right not to aggressive and thus, a meaningful discussion implement certain laws passed by parliament, becomes impossible. became a part of the Indian Constitution in 1950. This ebook on J&K seeks to provoke thought and does not claim to be the last word on the *Elections to the Constituent Assembly held in subject. However, it does try to be comprehen 1951 resulted in Sheikh Abdullah becaming PM sive, covering the following aspects: the finality of the Indian state of J&K. of the accession of J&K, the geopolitical issues of 1947, the pros and cons of article 370, Sheikh *Sheikh Abdullah was arrested in 1953. lation and delimitation of constituencies, the lopsided development of the state and state *The States Constitution came into force on 26 finances. lation and delimitation of constituencies, the lopsided development of the state and state *The States Constitution came into force on 26 finances.

We end up with a picture of J&K as a January 1957. pampered brat. For easy reading this essay is split into 10 parts. The J&K issue is a chakravyuh which is an The matter covered in each part is given below. advanced battle formation. During the Mahab This includes answers to commonly asked ques harata war, the Kauravas decided to capture tions on J&K.

Yudhishtir, the oldest of the Ppandava brothers, by engaging the Pandavas with a chakravyuh. The first part answers the following ques- Arjunas son Abhimanyu knew how to get into tions: Can Maharaja Hari Singh be accused this formation, but not out. He lost his life as of procrastinating on whether to join India or a result. Successive governments in India have Pakistan? Why has India not held a plebiscite not been able to get out of the chakravyuh cre in J&K? Did the British provide tacit support ated by Jawaharlal Nehru in J&K. to Pakistan in Pakistan-occupied J&K (POJK)/ First, a brief chronology of key events in J&K Gilgit/Baltistan? Why was J&K important to since independence. Part two focuses on anwers to questions *Instrument of Accession (hereafter referred to on article 370: Was J&K the only state to as IoA) was signed on 26 October 1947. draft its own Constitution? Was Article 370 promised at the time of the signing of the IoA? *The IoA was unconditionally accepted by Lord If Article 370 is repealed, would J&K cease to Mountbatten the next day. be a part of India, as the National Conference and some separatist groups are claiming today? Could Nehru have forced the state to merge Part five talks about the laws which are with the Constitution of India like the other not applicable in J&K. Does Article 370 pre States? Could Nehrus government have cleared vent anyone from buying property in the state? J&K of occupation by Pakistan? Is Article 370 a What about womens rights in J&K! temporary provision? What are the provisions of Article 370 in brief? Is it correct to justify Ar Part six focuses on who is a Permanent ticle 370 by referring to the exclusive provisions Resident of J&K. What are benefits conferred of Article 371? to Permanent Residents and implications there of? Part seven talks of the population anddelimitation of constituencies. What is the region-wise population since 1951? What are the comparisons of population and census numbers post-2001? Have assembly seats been manipulated to give Kashmir valley control of the legislature?

Of this only 46 percent is in Indias possession today; the balance is under forceful occupation of Pakistan and China (see table 1).