Arundhati Roy | The Hindu.
My reaction to today's court order directing the Delhi Police to file an FIR against me for waging war against the state: Perhaps they should posthumously file a charge against Jawaharlal Nehru too. Here is what he said about Kashmir:
1. In his telegram to the Prime Minister of Pakistan, the Indian Prime Minister Pandit Jawaharlal Nehru said, “I should like to make it clear that the question of aiding Kashmir in this emergency is not designed in any way to influence the state to accede to India. Our view which we have repeatedly made public is that the question of accession in any disputed territory or state must be decided in accordance with wishes of people and we adhere to this view.” (Telegram 402 Primin-2227 dated 27th October, 1947 to PM of Pakistan repeating telegram addressed to PM of UK).
2. In other telegram to the PM of Pakistan, Pandit Nehru said, “Kashmir's accession to India was accepted by us at the request of the Maharaja's government and the most numerously representative popular organization in the state which is predominantly Muslim. Even then it was accepted on condition that as soon as law and order had been restored, the people of Kashmir would decide the question of accession. It is open to them to accede to either Dominion then.” (Telegram No. 255 dated 31 October, 1947).
3. In his broadcast to the nation over All India Radio on 2nd November, 1947, Pandit Nehru said, “We are anxious not to finalise anything in a moment of crisis and without the fullest opportunity to be given to the people of Kashmir to have their say. It is for them ultimately to decide ------ And let me make it clear that it has been our policy that where there is a dispute about the accession of a state to either Dominion, the accession must be made by the people of that state. It is in accordance with this policy that we have added a proviso to the Instrument of Accession of Kashmir.”
4. In another broadcast to the nation on 3rd November, 1947, Pandit Nehru said, “We have declared that the fate of Kashmir is ultimately to be decided by the people. That pledge we have given not only to the people of Kashmir and to the world. We will not and cannot back out of it.”
5. In his letter No. 368 Primin dated 21 November, 1947 addressed to the PM of Pakistan, Pandit Nehru said, “I have repeatedly stated that as soon as peace and order have been established, Kashmir should decide of accession by Plebiscite or referendum under international auspices such as those of United Nations.”
6.In his statement in the Indian Constituent Assembly on 25th November, 1947, Pandit Nehru said, “In order to establish our bona fide, we have suggested that when the people are given the chance to decide their future, this should be done under the supervision of an impartial tribunal such as the United Nations Organisation. The issue in Kashmir is whether violence and naked force should decide the future or the will of the people.”
7.In his statement in the Indian Constituent Assembly on 5th March, 1948, Pandit Nehru said, “Even at the moment of accession, we went out of our way to make a unilateral declaration that we would abide by the will of the people of Kashmir as declared in a plebiscite or referendum. We insisted further that the Government of Kashmir must immediately become a popular government. We have adhered to that position throughout and we are prepared to have a Plebiscite with every protection of fair voting and to abide by the decision of the people of Kashmir.”
Referendum or plebiscite
8.In his press-conference in London on 16th January, 1951, as reported by the daily ‘Statesman' on 18th January, 1951, Pandit Nehru stated, “India has repeatedly offered to work with the United Nations reasonable safeguards to enable the people of Kashmir to express their will and is always ready to do so. We have always right from the beginning accepted the idea of the Kashmir people deciding their fate by referendum or plebiscite. In fact, this was our proposal long before the United Nations came into the picture. Ultimately the final decision of the settlement, which must come, has first of all to be made basically by the people of Kashmir and secondly, as between Pakistan and India directly. Of course it must be remembered that we (India and Pakistan) have reached a great deal of agreement already. What I mean is that many basic features have been thrashed out. We all agreed that it is the people of Kashmir who must decide for themselves about their future externally or internally. It is an obvious fact that even without our agreement no country is going to hold on to Kashmir against the will of the Kashmiris.”
9.In his report to All Indian Congress Committee on 6th July, 1951 as published in the Statesman, New Delhi on 9th July, 1951, Pandit Nehru said, “Kashmir has been wrongly looked upon as a prize for India or Pakistan. People seem to forget that Kashmir is not a commodity for sale or to be bartered. It has an individual existence and its people must be the final arbiters of their future. It is here today that a struggle is bearing fruit, not in the battlefield but in the minds of men.”
10.In a letter dated 11th September, 1951, to the U.N. representative, Pandit Nehru wrote, “The Government of India not only reaffirms its acceptance of the principle that the question of the continuing accession of the state of Jammu and Kashmir to India shall be decided through the democratic method of a free and impartial plebiscite under the auspices of the United Nations but is anxious that the conditions necessary for such a plebiscite should be created as quickly as possible.”
Word of honour
11.As reported by Amrita Bazar Patrika, Calcutta, on 2nd January, 1952, while replying to Dr. Mookerji's question in the Indian Legislature as to what the Congress Government going to do about one third of territory still held by Pakistan, Pandit Nehru said, “is not the property of either India or Pakistan. It belongs to the Kashmiri people. When Kashmir acceded to India, we made it clear to the leaders of the Kashmiri people that we would ultimately abide by the verdict of their Plebiscite. If they tell us to walk out, I would have no hesitation in quitting. We have taken the issue to United Nations and given our word of honour for a peaceful solution. As a great nation we cannot go back on it. We have left the question for final solution to the people of Kashmir and we are determined to abide by their decision.”
12.In his statement in the Indian Parliament on 7th August, 1952, Pandit Nehru said, “Let me say clearly that we accept the basic proposition that the future of Kashmir is going to be decided finally by the goodwill and pleasure of her people. The goodwill and pleasure of this Parliament is of no importance in this matter, not because this Parliament does not have the strength to decide the question of Kashmir but because any kind of imposition would be against the principles that this Parliament holds. Kashmir is very close to our minds and hearts and if by some decree or adverse fortune, ceases to be a part of India, it will be a wrench and a pain and torment for us. If, however, the people of Kashmir do not wish to remain with us, let them go by all means. We will not keep them against their will, however painful it may be to us. I want to stress that it is only the people of Kashmir who can decide the future of Kashmir. It is not that we have merely said that to the United Nations and to the people of Kashmir, it is our conviction and one that is borne out by the policy that we have pursued, not only in Kashmir but everywhere. Though these five years have meant a lot of trouble and expense and in spite of all we have done, we would willingly leave if it was made clear to us that the people of Kashmir wanted us to go. However sad we may feel about leaving we are not going to stay against the wishes of the people. We are not going to impose ourselves on them on the point of the bayonet.”
13.In his statement in the Lok Sabha on 31st March, 1955 as published in Hindustan Times New Delhi on Ist April, 1955, Pandit Nehru said, “Kashmir is perhaps the most difficult of all these problems between India and Pakistan. We should also remember that Kashmir is not a thing to be bandied between India and Pakistan but it has a soul of its own and an individuality of its own. Nothing can be done without the goodwill and consent of the people of Kashmir.”
14.In his statement in the Security Council while taking part in debate on Kashmir in the 765th meeting of the Security Council on 24th January, 1957, the Indian representative Mr. Krishna Menon said, “So far as we are concerned, there is not one word in the statements that I have made in this council which can be interpreted to mean that we will not honour international obligations. I want to say for the purpose of the record that there is nothing that has been said on behalf of the Government of India which in the slightest degree indicates that the Government of India or the Union of India will dishonour any international obligations it has undertaken.”
[8/6, 1:37 AM] Munawar Opel: Today's Action May Lead India Into Trouble:-
A received message :-
In all the doom & gloom, could today be a good day for Kashmiris?
Heres why India may come to regret Modi’s action:
(i) The Proclamation is likely to be struck down by Indian courts as
(a) the use of Article 370(3) without Constituent Assembly’s recommendation is quite likely to be illegal,
(b) Courts in India have already declared Article 370 to be permanent in nature,
(c) the President Rule in J&K itself is subject to strict limitations set down by Indian Supreme Court, which probably have been violated;
(ii) The Proclamation is contrary to the UN Resolutions & the Simla Accord & therefore, illegal under int’l law.
Trump recently expressed interest in Kashmir and all veto wielding powers are siding with Pakistan right now over Afghanistan. The timing of today’s act is the worst possible for India (e.g., if China decides to use this as a precedent to end Hong Kong’s special status, how horrifying would that be for the western world?);
(iii) The Proclamation undermines the entire basis on which Raja Hari Singh acceded to India, & so Kashmiris may terminate the accession agreement now. India had avoided getting the accession scrutinized judicially, but this may well happen now;
(iv) Today’s Proclamation effectively extinguishes Indian claim over Azad Kashmir & Gilgit Baltistan (& with that over CPEC), as no reference has been made to those areas in the Proclamation. Pakistan has avoided doing in these areas what India has done today in J&K precisely, so that Pakistan’s claim over J&K is not prejudiced.
(v) The President’s Rule in J&K was helped by Indian stooges, Mehbooba Mufti & Umar Abdullah (now shedding crocodile tears). At this do-or-die stage, the Kashmiris can finally start seeing Hurriyat as their true leader.
(vi) India’s democratic credentials have been fully exposed, not least by the scrutiny that the device of President’s Rule is likely to come under now;
(viii) The stalemate of 70 years is broken. This means, for the first time since 1948, ANYTHING is possible now.