Iltija & Ors can solve Kashmir problem by mobilizing AJK & USA also and by invoking military power through UN & judiciaries. By Hem Raj Jain


Iltija Mufti daughter of former Chief Minister of J&K Mehbooba Mufti appeared on a NDTV program ( ) where she tried to give an impression that she is worried about her mother (who along with another former Chief Minister of J&K Omar Abdullah has been booked under PSA) and about generally what is happening in Kashmir to others since last 6 months.

 Iltija and other Kashmiris can solve Kashmir problems if keep two points in mind since Kashmir problem is caused by India’s partition: -

 (i)- Present can be improved only when recent / LIVE (and not DEAD) history and coming future is kept in mind which is as given below-

(A)- As far relevant history, no pre-partition Indian leader (Gandhi, Jinnah Nehru etc) wanted theocratic country but Jinnah (who was initially in Congress and was projected as symbol of secularism) demanded Pakistan for Muslim majority areas because he and his subsequent party Muslim League believed that Congress party did not and cannot (with some justification due to Gandhi using techniques, emotions and imagery of Hinduism in politics that too later on without being member of Congress party) practice secularism hence Jinnah claimed that Pakistan will do it (which is evident from his August 11, 1947 address to Constitute Assembly of Pakistan). It is a different matter that Jinnah too was swept away by the gory developments on both sides of the border.

 (B)-Riots including communal riots do happen and can happen anywhere but if displaced persons (due to these riots) are not rehabilitated in their original place then it emboldens communal forces which destroys secularism (or impartial rule / rule-of law under theocracy too) .This is precisely what happened when ~ 20 % Hindus were allowed to be expelled from both Pakistan (earlier West Pakistan) and Bangladesh (earlier East Pakistan) by granting them citizenship in India (under unethical & illegal Constitution and laws of India) which tantamount to illegal population transfer because it was not the mandate of the partition (hence no provision / preparation was made by Britain for population transfer in ‘Independence of India Act’). Similarly, it happened with Muslims who went to Pakistan from India (though ~ 20 % Hindus were wrongly forced out from both Pakistan and Bangladesh whereas Muslims gained some increase in India to about ~ 15 %).

 (C)- Though after ~ 72 years it is not feasible to rehabilitate these displaced persons (including ~ 80 million Hindus the 20% of the population of present day Pakistan and Bangladesh) but unless these ~ 80 million Hindus are given dual citizenship (one for India and other for Pakistan / Bangladesh) (and similarly for Muslims who went to Pakistan and their children) this communal high handedness of communal forces can never be eliminated from Indian subcontinent hence obviously otherwise no peace is possible in this region. Due to this wrong (un-martial) policy of India what to talk of ~ 20% Hindus from Pakistan & Bangladesh even in Hindu majority India the Muslim majority Kashmir got so emboldened that it forced out hundreds of thousands of Hindus (Kashmiri Pandits). Rather India then (at the time of partition) should have made clear that every refugee in India (mainly Hindus) will have to be taken back and proper law & order will have to be provided by East & West Pakistan for these religious minorities otherwise India will be constrained to negate the partition (India should make it clear even now about Hindus who would gain said dual citizenship).

 (ii)- As far the future, whether people like it or not world is bound to usher in “New Horizon for Mankind” (NHM) as given below: -

(a)- In another few decades with coming changes in science & technology [especially in artificial intelligence (AI), thinking machines (TM), robotics (RT) etc] not only very few people will be able to produce enough for entire mankind but the space and some planets are also going to be inalienable part of human life which will require human beings to behave as a single community and different countries would only be a political arrangement of global world order to provide peace, prosperity and freedom to every human being on earth and in space and in planets. This coming of NHM is evident also from the fact that on February 4, 2020 in his ‘State of the Union Address’ Prez Trump announced about ‘Space Force’ and ‘Moon & Mars Plans’.

 (b)- This NHM will require secular democracy in all the countries because modern-science & technology came into existence in West only with hundred years of religious war in Europe (from 16th to 18th century) which brought separation of State (dealing with this-worldly matters) and religion (dealing with other-worldly matters). All religions came before modern democracy of universal adult franchise hence the values of modern democracy and all the religions are in conflict. Presently every human being is important (hence universal adult franchise) because in this age of modern-science & technology (which has brought unprecedented power, prosperity and even comparative peace to entire mankind) every human being (he/she) has a potential to contribute in some way in some science (material or life or social).

 Therefor in view of the above, if Iltija and other Kashmiris are really serious about solving chronic & gory Kashmir problem, then Kashmiris should do the following: -

 (1)- A Writ petition should be filed by Kashmiris in J&K High Court / SCI - [for restoring Article 370 & 35-A of the Constitution, for repealing AFSPA, SPA (as a result for releasing people arrested under these) and for enforcing plebiscite in united J&K as per the mandate of ‘Instrument of Accession’ (IoA) ] - with pleading that the State of J&K is not like other States of India and is not (automatically despite such mention in Indian Constitution which is legally nothing but usurpation) an integral part of India rather its fate as per IoA of October 27, 1947 is legally expected to be decided by plebiscite (the will of the people of United-J&K) and till then Article 370 & 35-A of the Constitution are necessary temporary constitutional provisions (for keeping J&K outsiders-free in the interest of free & fair plebiscite and for running J&K politically, legally and administratively as per the wishes of the people of J&K).

 (2)- It should be mentioned in this writ petition that the dereliction of GoI for the last ~ 70 years (by not carrying out plebiscite as per IoA) has not only created chronic & gory Kashmir problem which has caused immense loss of lives, blood, properties and honor in J&K (mainly in Kashmir) and GoI through its security forces has been showing ‘bravery’ (not by retrieving PoJK for carrying out plebiscite) but by training guns at civilians of J&K (mainly of Kashmir) under protection of AFSPA, SPA etc. but now GoI has also denied human rights / fundamental rights of the people of J&K since August 5, 2019.

 (3)- The Kashmiris along with other Indians (especially Punjabis and Bengalis whose parents were displaced from Pakistan and Bangladesh) simultaneously should be mobilized by Iltija to file a writ petition in Supreme Court of India (SCI) (a)- For making a declaration that ‘Population transfer’ is against the mandate of partition of India and against Secular Constitution of India (b)- For directing GoI to identify  ~ 80 million said Hindus from Pakistan & Bangladesh and to work for giving these ~ 80 million Hindus dual citizenship (one for India and another for Pakistan or Bangladesh) (c)- For directing GoI that if any such displaced from Pakistan or Bangladesh (of any religion) want to come back to India then they should also be given dual citizenship. Iltija and other Kashmiris should persuade the people of AJK-Gilgit-Baltistan (and through them other Pakistanis) to file similar writ petitions in their High Court and Supreme Court of Pakistan.

 (4)- Iltija and other Kashmiris should take the lead to mobilize the people of the origin of India, Pakistan (including united-J&K) and Bangladesh living in the USA to launch a NGO in the USA (registered as per law of the USA) for lobbying & gaining support for the cause of plebiscite in united-J&K and for granting dual citizenship to displaced people in India, Pakistan and Bangladesh as mentioned above.  This NGO can carry-out demonstrations, seminars, meetings etc at various places / cities in the USA and can move & approach the US Congress and its relevant Committees and US Administration and can contact diplomats of various countries (including of India, Pakistan, Bangladesh and especially from UK, which carried out criminally unplanned partition in view of public and intelligence reports that communal massacre bound to happen in case of partition) in the USA and at the United Nations (including UN human rights organizations) and can mobilize the influential US media. It will obviously help the cause immensely as it will be very effective in this year of President election in the USA.

 (5)- But Iltija and other Kashmiris would be living in their make belief world if they think that merely by above mentioned ‘Zabani Jama Kharch’ (lip service, paperwork and other civil measures), the Kashmir problem will be solved. Iltija and other Kashmiris should also understand that the prominent leaders of other side of J&K (including the AJK President Sardar Masood Khan and the Prime Minister Raja Muhammad Farooq Haider Khan ) are playing over-smart and are giving merely lip service to the cause of beleaguered & harassed people of Kashmir valley. Therefore Iltija and other Kashmiris should persuade the people of AJK-Gilgit-Baltistan (including their Government & State functionaries and leaders of various fields) to take-up non-violent peace-march of at-least 2 million people from AJK / Muzaffarabad to Srinagar (for offering arrest to Indian authorities) for getting the human rights of the people of Kashmir valley restored. If authorities of Pakistan stop this peace-march at LoC / border, then first they should fill the prisons of Pakistan.

(6)- It will be immensely beneficial for the cause, if the people of J&K (especially from valley including Iltija) also join said peace-march from AJK to Srinagar if the people and leadership of AJK can arrange their visa to Pakistan / AJK. Also, Iltija and Kashmiris along with other Indians should carry out repeated demonstrations at Jantar-Mantar Delhi for the realization of said demands.

 It is hoped that instead of suffering for another 6 months and more Iltija Mufti and other Kashmiris will take the lead for Kashmir solution by mobilizing the people of AJK-Gilgit-Baltistan & USA and by raking up military power through UN and the judiciaries of India & Pakistan, as mentioned above.

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