TYAG N SAMARPAN - NEHRU & RSS ADVISE TO PERSECUTED EXILED HINDUS OF KASHMIR

Though there was nothing tangible or any major take away from the speech of Dattatraye Hoshbale considering his entire speech revolved around upholding the civilizational legacy which Pandits are equally mindful. 

However, two words he focused Tyag and Samarpan with regards to going back to Kashmir and reclaiming it. 

Again Sh Hoshbale ji missed a very moot point that it is purely attributed to Tyag and Samarpan of Exiled Hindi community that Kashmir continues to be part of India and Hoshbale ji proudly claim it from the dias. It was my Tyag and continued Samarpan for last 1300 years right since the days of Lalitaditya Mukhtpida that Hindus of Kashmir have been able to save the Himalayas from getting Islamized. It was the tyag and Samarpan which made the community loose 98 % of its population to conversion, brutality and Genocide. 

One of the worst Genocides in the history of mankind Mr Hoshbale but my Tyag and Samarpan to uphold the Sanatan nationhood in valley stood undetteted.

Mr Hoshbale when the entire nation was celebrating freedom, our first PM who happened to be a KP used the same words to pent up my sentiments. Tyag and Samarpan telling me to stay grounded in Kashmir and suffer because it my suffering which will save Kashmir for India.

Every day since then it is only tyag and Samarpan every day I have been offering like petals of flowers at the sacred feet of this nation. 

Hoshbale ji Just thought with you vast understanding and learning on subject you would be a bit more sympathetic towards the victims of Genocide languishing for last 30 years. In your entire speech you evaded to talk about any justice to the victims of Genocide. Tyag and Samarpan are my mates for last 1300 years and rest assured the Hindus of Kashmir will live these ideals to the last drop of their blood. 

BUT

Do you mean to say the Hindus of Kashmir should always be at the altar of sacrifice , Tyag N Samarpan to rescue this nation every time in Kashmir. Yes, the Hindus of Kashmir are under pledge but what about the pledge of 100 crore Sanatanis of Bharat varsh towards their Kashmir. Not even once Mr Hoshbale did you assure the supporting this mammoth population to reclaim Kashmir. 

Sir, it is time for your organization RSS to do some genuine and real soul searching over it. Kashmir is not the problem of Hindus of Kashmir alone, but entire Hindu samaj. Yes we have taken a pledge much before you asked us to so to uphold Sanatan nationhood in Kashmir but that doesn't mean you or 100 crore Hindus shy away from their respective pledges. 

GIRJA TICKOO and RETURN OF KASHMIRI PANDITS

Unfortunate! Tragic! Inhuman!

These are the words which come to my mind while going through a You Tube video being circulated by a wannabe Kashmiri Pandit activist advocating Return of exiled Kashmir Pandits today. Why? My readers might ask.

25^th June is the day written with Black letters in the gory and pathetic history of last 30 years. On this day the mutilated dead body of Girja Tickoo was found along a road side in one of the hamlets of valley. The badly mutilated body of Girja Tickoo as per post mortem report was gang raped and teared apart on a mechanical carpenter saw before it was thrown on the road to rot. What a shame that this gentleman posts a video on social media to showcase his Return and Rehabilitation plan for the same community which has not received justice for hundreds of brutally killed, maimed and raped brethren during those days. The murderers and rapists of our brethren are still roaming free, ruling the roost, and enjoying every morsel of their lives with no qualms or sense of guilt.  

What has changed? The armed terrorist killed get branded as Martyrs (Shaheed) by the government records even today and the fate and nomenclature of the brutalized KPs gets listed as MIGRANTS… How ironic!

The argument over Return and Rehabilitation ends with this last paragraph depicting the ground scenario, but since few quislings have now dared to touch the raw nerve of this brutalized displaced community, it is mandatory to tear through the video message with logic and reason for the community to understand that without a fool proof plan which guarantees life of dignity, security and Non refoulement as the cardinals of return , it is not only futile but will lead this exiled community in further peril.

RETURN AND REHABLITATION PLAN OF GOI, 2007

The video message talks about return of community as per R&R plan of 2007, which is a 13 year old plan and stands rejected by the community enmass. As per the governments own data only one family has returned to valley under this scheme. Needless to say this plan has been a miserable failure considering the cardinals of return have been grossly overlooked and not envisaged by it. As a natural response the community has rejected it outrightedly. Circulating consent forms for return under a plan which stands already rejected leads to confusion in community and exposes few ignorant people to devious designs.

Imagine, GOI has neither updated its previous plan of return nor made any official value additions, yet these quislings and desperate individuals have unilaterally decided to infringe upon the community resolve to stay away from valley till all the cardinals of return and rehabilitation are met by the government. Only these individuals can answer the desperation and hopelessness in their attitude.

NO REPRESENTATION BY COMMUNITY IN PAST DECADE

As per the video message the government of India claims that no community representation has been received laying a road map of return and rehabilitation other than the demand of Panun Kashmir. Though this claim by the undisclosed government representatives is far away from truth but it is pertinent to understand that the demand of a separate Geo Political dispensation stands registered as the only demand of the community. Instead of walking the talk and starting negotiations government has sidetracked this genuine demand and seems to be looking for manufactured representatives to break the resolve of the community. How ironical!

It is not hidden from the community that repeated representations have been made to the government of India about various issues impacting the exiled lot but the stoic silence of GOI over pertinent matters has acted as a damp squib. The community has been demanding IDP status as an interim mechanism and to do away with the humiliating nomenclature of MIGRANT. Repeated memorandums have been forwarded to PM Modi from scores of places in India and abroad. Just last year a detailed memorandum was forwarded to the Home Minister of India Rajnath Singh in person on Martyrs Day 14 September by Global Diaspora of Kashmiri Pandits which seeks:

1.       Constitutional arrangements for the return and rehabilitation of all seven hundred thousand Displaced Kashmiri Pandits in a separate, single, concentrated Homeland carved out in the Valley of Kashmir.

2.       The Constitution of India along with all associated laws and provisions be allowed to flow freely in the newly created geo-political territory without the shackles of Article 370 or Article 35A.

3.       A high-power Tribunal with constitutional authorityto establish which causal factors were responsible for the Genocide of Kashmiri Pandits and bring the perpetrators to justice.

4.       An immediate appropriate authority, vested with powers flowing directly from the Centre, to urgently implement suitable measures for protecting the millennia-old social, cultural and religious legacy of Kashmiri Pandits, which otherwise is fast facing obliteration at the hands of a radicalised mindset.

It seems that deliberate attempts are being made by vested interests to side track the genuine aspiration and demand of the community through some manufactured activists. It is not only intriguging but baffling to know how gross misrepresentations are being created by government if the contents of the video are true. We need to know and understand that community has always stood its ground in last 30 years and repeatedly sought the implementation of a separate Geo Political dispensation. Margdarshan Resolution 1991 of Panun Kashmir and the recent memorandum by GKPD to the highest echelons of power in India has established that nothing has changed as far as the genuine aspiration of community is concerned. It has stayed same and naturally so because the ground situation in valley has not improvised.

PANUN KASHMIR AS AN PLAN IS UNCONSTITUTIONAL

Should we be concerned? Understand that the displacement of Kashmiri Pandit community is the worst and gory human displacement after the partition of this country. Unprecedented situations need unprecedented responses. When the ruling political party of the state acknowledges and places in its manifesto the removal of Article 370, should we say they are doing an unconstitutional exercise. Kashmiri Pandits are simply demanding a territory which sans this article and constitution of India be made applicable in letter and spirit something akin to the aspiration of ruling party in India. It seems so stupid to object this demand of community at one end and uphold the same demand in manifesto.

It is the right of displaced community to decide upon the return plan and its fruition the responsibility of Government.

LAND TO BE MADE AVAILABLE FOR RETURN

A misleading statement since there is no formal land accusation proposal for return and rehabilitation. The land being procured is meant to construct transit accommodation for PM Package Employees in valley who are currently serving as bonded laborers under draconian SRO 412. It is a misnomer to club the presence of PM Package Employees in valley with return and rehabliation of entire community. Government is on record claiming only one family has returned availing the benefits of R&R policy 2007, which direcly means the PM Package Employees currently serving in valley have not returned. Being an interim mechanism to address the rising unemployment in valley the then Congress regime created this package. Another validation to this lies in the status of those Employees who continue to be registered as ‘Migrants’ in government records and their Ration cards are still intact.

Thus it is gross treachery and betrayal of the community sentiment to claim that lands is being allocated and even if they allocate land does this mean that the ethnic cleaning and genocide perpetrated upon this hapless community should be shrouded with this land and flats. What a pity!

SCOPE OF REHABILITATION IN GOVERNOR RULE

The proposition placed by this video message that we can get through the return plan in Governors rule only and not when a popular government is in place in the state of Jammu and Kashmir nips all the argument in favor of return in bud. Imagine, how naïve and ingenuous can one be to treat the issue of this exile community with such immaturity and crudity. Such a cosmetic approach in dealing with the gruesome and brutal displacement speaks volumes about the sincerity and integrity of few minds. Internal displacement finds a higher listing in human travesty than refugees under United Nations. Principles related to Return and Resettlement are gradual and flowing and it can only be possible in accordance with the community sentiments and support of the government. Any mechanism which does not address the principle causes of displacement is purely cosmetic and sans any sanctity.

MAHARAJA HARI SINGH'S LETTER TO MOUNTBATTEN

The prime purpose of publishing this letter here is to break the myth that Maharaja Bahadur had opted for signing the treaty of Accession with India before the Tribal raids and it was Indian Dominion which refused the accession. There is another myth doing the round that State of Jammu and Kashmir could not accede to Indian Dominion owing to absence of a road link to India.

Nowhere in his communication does the erstwhile Maharaja Bahadur offers any mention to either of the two myths, infact reiterating "I wanted to take time to decide to which Dominion I should accede, or whether it is not in the best interests of both the Dominions and my State to stand independent, of course with friendly and cordial relations with both." 

Would appreciate if the readers go through the letter in an unbiased manner and arrive at a conclusion.

Text of letter dated October 26, J 947 from Sri Hari Singh, the Maharaja of Jammu and Kashmir to Lord Mountbatten the Governor-General of India.

My dear Lord Mountbatten,

I have to inform your Excellency that a grave emergency has arisen in my State and request immediate assistance of your Government. As your Excellency is aware the State of Jammu and Kashmir has not acceded to the Dominion of India or to Pakistan. Geographically my State is contiguous to both the Dominions. It has vital economical end cultural links with both of them. Besides my State has a common boundary with the Soviet Republic and China. In their external relations and Dominion of India and Pakistan cannot ignore this fact. I wanted to take time to decide to which Dominion I should accede, or whether it is not in the best interests of both the Dominions and my State to stand independent, of course with friendly and cordial

relations with both.

I accordingly approached the Dominions of India and Pakistan to enter into Standstill Agreement with my State. The Pakistan Government accepted this Agreement. The Dominion of India desired further discussions with representatives of my Government. l could not arrange this in view of the developments indicated below. In fact the Pakistan Government are operating Post and Telegraph system inside the State. Though we have got a Standstill Agreement with the Pakistan Government permitted steady and increasing strangulation of supplies like food, salt and petrol to my State. Afridis, soldiers in plain clothes, and desperadoes with modern weapons have been allowed to infliter into the State at first in Poonch and then in Sialkot and finally in mass area adjoining Hazara District on the Ramkot side. The result has been that the limited number of troops at the disposal of the State had to be dispersed and thus had to face the enemy at the several points simultaneously, that it has become difficult to stop the wanton destruction of life and property and looting. The Mohara power-house which supplies the electric current to the whole of Srinagar has been burnt. The number of women who have been kidnapped and raped and makes my heart bleed. The wild forces thus let loose on the State are marching on with the aim of capturing Srinagar, the summer Capital of my Government, as first step to over running the whole State.

The mass infiltration tribesman drawn from the distant areas of the North-West Frontier coming regularly in motor trucks using Mansehra-Muzaffarabad Road and fully armed with up-to-date weapons cannot possibly be done without the knowing of the Provincial Government of the North-West Frontier Province and the Government of Pakistan. In spite of repeated requests made by my Government no attempt has been made to check these raiders or stop them from coming to my State. The Pakistan Radio even put out a story that a Provisional Government has been set up in Kashmir. The people of my State both the Muslims generally have taken no part at all.

With the conditions obtaining at present in my State and to great emergency of the situation as it exists, I have no option but to ask for help from the Indian Dominion. Naturally they cannot send the help asked for by me without my State acceding to the Domination of India. I have accordingly decided to do so and I attach the Instrument of Accession for; acceptance by your Government. The other alternative is to leave my State and my people to fee-booters. On this basis no civilized Government can exist or be maintained.

The alternative I will never allow to happen as long as I am Ruler of the State and I have life to defend my country. I may also inform your Excellency's Government that it is my intention at once to set up an interim Government and ask Shaikh Abdullah to carry the responsibilities in this emergency with my Prime Minister.

Yours Sincerely
Hari Singh
The Palace, Jammu
26th October, 1947.

SOURCE: KASHMIR
CONSTITUTIONAL HISTORY AND DOCUMENTS, kASHMIR LEGAL DOCUMENTS, Mohan Krishen Teng
Ram Krishen Kaul Bhatt
Santosh Kaul, Light & Life Publishers, 1977

PLEBISCITE! THE MYTH

It has been long since I turned to this page penning down something on K – Yes! My beloved chaotic Kashmir! Wonder why all beloveds create chaos, confusion and agony. I must confess most of my write ups are instinctive and today my instinct was incited by none other than a school time friend who like me has suffered the pangs of exile and displacement, yet carrying the same syndrome of Stockholm keeping him captive and prostrated at the mercy of our adversary like many amongst us. However, intriguingly, he has moved a notch ahead of general masses in league sounding like mouth piece of Azadi mongers. What is more amusing here connects to his benighted and ignorant attitude towards the issue. In absence of even the rudimentary knowledge of contemporary geo political scenario evolved over last 80 years, my friend presumably entangled and confused by the concocted and farce discourse of adversary lost the narrative of his own state of existence. In an effort to post some sense of truth and logic in him and all those who find themselves in similar precarious situations, I am compelled to bust the myth of PLEBISCITE.

While debating today he came up with a Wikipedia article on Instrument of Accession forming it as the basis of his argument of the so called Freedom/Azadi demand by the Majority section of Kashmir Valley. The article mentions the condition of Plebiscite or Referendum in Kashmir and quotes Lord Mountbatten,  “it is my Government's wish that as soon as law and order have been restored in Jammu and Kashmir and her soil cleared of the invader the question of the State's accession should be settled by a reference to the people.” Considering that this argument has been prevalent in Kashmiri separatist society ever since and it has solidified as the bed rock of the narrative based on which azadi mongers claim a separate territory, I promised my friend that he will get a logical and legal scientific argument as rebuttal to this farcical claim. This argument can be blown to smithereens with more than one counter argument considering it sans any legal validity.

UN RESOLUTION ON J&K

To begin with, I would first like to draw the attention of the readers towards the most important UN Resolution, On January 5, 1949, the Security Council came up with a new resolution on J&K focusing on the holding of plebiscite. The resolution goes ahead and says,

PART II: TRUCE AGREEMENT

A.1. As the presence of troops of Pakistan in the territory of the State of Jammu and Kashmir constitutes a material change in the situation since it was represented by the Government of Pakistan before the Security Council; the Government of Pakistan agrees to withdraw its troops from that State.

2. The Government of Pakistan will use its best Endeavour to secure the withdrawal from the State of Jammu and Kashmir of tribesmen and Pakistani nationals not normally resident therein who have entered the State for the purpose of fighting.

3. Pending a final solution, the territory evacuated by the Pakistani troops will be administered by the local authorities under the surveillance of the commission.

B.1.When the commission shall have notified the Government of India that the tribesmen and Pakistani nationals referred to in Part II, A, 2, hereof have withdrawn, thereby terminating the situation which was represented by the Government of India to the Security Council as having occasioned the presence of Indian forces in the State of Jammu and Kashmir, and further, that the Pakistani forces are being withdrawn from the State of Jammu and Kashmir, the Government of India agrees to begin to withdraw the bulk of its forces from that State in stages to be agreed upon with the Commission.

Thus, it is evidently clear who has betrayed the UN resolution on Kashmir considering Pakistan never adhered to the Truce Agreement for the referendum to take place. Also noteworthy to mention here is Kashmir question was profiled at the UN as a territorial dispute between India and Pakistan and not a struggle of the people of J&K for full freedom and Independence.

UN GENERAL SECRETARY STATEMENT IN PAKISTAN

Drawing our understanding straight, we must know that over past 60 years since UN resolution, enough water has flown down Vitasta / Jehlum. In light of contemporary understanding and pragmatic approach to issues internationally, the UN Secretary General, Kofi Annan’s statement during his official visit to Pakistan rests all notions connected to plebiscite. He publicly said that these resolutions were un-implementable and obsolete. Annan’s comment was carried by the reputed Pakistani newspaper Dawn on the next day. Kofi Annan on Pakistani soil stopped short of saying that the debacle of most important UN resolution on Kashmir laid upon the shoulders of Pakistan, considering the onus of acting on it first and primarily laid upon Pakistan.

PARTITION, LEGAL ASPECTS OF ACCESSION AND BRITISH INTRIGUES

After understanding the above facts let us try to understand the legal validity of the clause of Plebiscite laid down as a condition by Lord Mountbatten. Though Mountbatten made a categorical mention “it is my Government's wish that as soon as law and order have been restored in Jammu and Kashmir and her soil cleared of the invader...." the possibility of Plebiscite can be explored. The argument of Plebiscite does not arise considering the state of Jammu and Kashmir has always been in conflict since Pakistan sent its tribal raiders and regular army men to attack and capture the pricely State of Jammu and Kashmir. In addition to this Pakistan has not cleared the territory of tribals and various settlers from neighboring Punjab. However we will still try and understand how   the issue of Plebiscite does not hold and water on legal aspects. 

We know that the partition of British India was done purely under India Independence Act 1947 and roughly around 534 Princely states which did not form the part of British India merged in Indian Dominion or the dominion of Pakistan through Instrument Of Accession which finds its roots to Government of India Act 1935. Independence or Sovereign rule was never an option assigned to any Princely State. Noteworthy to mention that neither of the two Acts talk about plebiscite or peoples consent in event of Accession of Princely States The Government of India Act 1935 vividly mentions in Part II (6)– The Federation of India that “ A state shall be deemed to have acceded to the Federation if His Majesty has signed his acceptance of the Instrument of Accession executed by the ruler thereof….” Noteworthy is the mention of word “Ruler”. 

Thus legally the IOA signed by the princely states vindicates that the suzerainty of these states lied with the Ruler and not the Subjects/People. When the governor general Lord Mountbatten made the insertion of reference to people, he deliberately wish to keep the cauldron boiling at least in one Indian state to keep the sub continent involved in chaos and conflict at the behest of his mentors for reasons better known to all. British unleashed a very vicious and deceitful campaign right since 1930 to destabilize the ruler of state of Jammu and Kashmir exploiting the sentiments of religious sentiments of Muslims against a Hindu Monarch. 

Here one needs to understand a very pertinent point which connects us to 534 princely states in fray for acceding to either of the dominions.  All the princely states signed the same format Instrument of Accession signed by Maharaja Hari Singh of J&K. The only thing which differed was the name of the Ruler and the date of accession. While the rumble rousers today claim only four powers rested with the Indian Dominion must know these four powers root to the SCHEDULE OF INSTRUMENT OF ACCESSION and were A)Defense B) External Affairs C) Communications D) Ancillary, and were connected with all the IOA documents signed by Princely states. So, Jammu and Kashmir didn’t not assign any specific condition with its IOA.

RELIGIOUS BIASES AND REGIONAL DISCONNECT

Never wish to sound biased and prejudiced in something which I claim as an analytical piece of write up based upon logic and reason, let us now try to give due credence to the argument of Plebiscite and consider it from the angle of separatist leadership. Over years the separatist leadership of Kashmir are crying hoax about Indian domination and subjugation of a territory called Jammu and Kashmir cornering their argument on the promise of Plebiscite and blaming India for all the ills of Kashmir without even giving a thought to the hara-kiri and blatant disregard to International laws by Pakistan, the separatist leadership has unleashed mayhem and turbulence in valley. It is both ironic and unfortunate that the bogey in utmost disregard of truthful understanding claims Pakistan as a friend in this struggle when it is the Islamic state of Pakistan which is squarely responsible for trampling their sentiments. This vindicates the argument of India that the so called freedom struggle in Kashmir is merely an camouflage to the larger ulterior motives of creating an Islamic dispensation along theo-fascist and religious lines. The Indian argument further receives fuel with the often repeated discourse of separatist regime upholding religious ties as the prime reason of connect with Pakistan. Had the separatist bogey been fair and just in its approach and understanding, they would have trained their guns upon Pakistan and not India.

The separatist bogey nurturing the sentiment of freedom and self determination is acting in isolation and disconnect with the other two major regions of State. Jammu and Ladakh which comprises a major stake holder in the state of Jammu and Kashmir have unequivocally and repeatedly defeated the designs of Kashmiri separatists in their demand for self determination or plebiscite. In light of this drift in state polity the separatist class of Kashmir based on a totalitarian and religious mind set needs to do a soul searching of the whole movement and their argument of Plebiscite.

Readers of this write up need to understand that the points mentioned above are strictly in coherence of the Plebiscite demand of separatist bogey and they have been dealt with detail purely on legal aspects of Accession of Jammu and Kashmir to India, UN Resolution on Kashmir, India Independence Act 1947 and Accession of Indian states under Government of India Act 1935. I will soon come up with the facts which narrate treachery and back stabbing of consequent ruling dispensations in state, deliberately keeping the state of Jammu and Kashmir under tender hooks with sole motive to preserve the Muslim domination and theo fascit character of state for larger ulterior motives.

LET POLITICAL EMPOWERMENT DRIVE OUR SOCIAL EMPOWERMENT HOME

While appreciating the concerns of our community about the dire state of our places of worship in Kashmir, we must understand that our temples or the monuments of faith cannot be isolated from our political struggle. All the issues which mire our community be it the places of worship, pitiable living conditions, education, health care, employment and other allied issues are directly related to our schemed marginalization in political sphere of Kashmir. I appreciate the efforts of all those who are putting up a brave affront for these issues, and in past 25 years various small and big time organisations took these issues as per their convenience and style.

We are at a juncture where we need to assess why our efforts on various fronts have borne least positive dividends, why are we no better if not worse than what we were 25 years during the times of our exodus, inspite of various positives at individual fronts, why the community is still unable to strike the best blow.

 

I believe, it is not the realisation of the goal but the path which leads to the goal which determines the success or failure. It is the path which must be perfected to attain the desired result. And based upon this universal truth, I say with finite accuracy that our path was never right. We always tried to isolate our political struggle from social issues like living conditions, health care, relief, education, temples et all, least bothering to analyse that these social issues were always connected with our political marginalization. Most of the organisations be it APMCC, AIKS, JKVM, YAIKS, various KPSs, all Ashrams and other small time organisations dealing with social issues treated politics as a taboo and carried non political or apolitical approach all their life.

The result is in front of us, we have miserably failed on all fronts purely because our path / approach was never right. Whatever little we have achieved is purely due to efforts of few individuals. While working upon social issues we allowed our energies to wither away striking against the system which has always been biased against our community. Had we encompassed our social struggle which has multiple contours and where our energies were sure to get withered away considering the magnitude of work and established marginalisation under Political struggle which has only one contour, we would have converged our energies upon one goal of realising our political empowerment which in turn would have empowered us socially as well.

Having said this, I donot deny that efforts were not made by the above organisations in their respective fields, but since these efforts have not produced desired results they have produced counter results and proved detrimental for the general good of the community. A general message has gone to the masses of the community that our community has gone to dogs, and we have miserably failed which I do believe is not true. But the sentiment of failure has caught the nerve centre of masses, and the community is seeing negativity all around.

Unity, is most abused word in Kashmiri Pandit community, and I attribute the hue and cry about unity to the same reason of treating social and political contours of our struggle separately. While talking about hundreds of organisations, we must know we are talking about hundreds of socially radical groups working upon social issues which I have explained above has multiple contours where our energies were sure to get withered away wastefully, considering the magnitude of work / parameters and established marginalisation of our community. So, it will not be improper to say that path which we choose has brought our community to the current levels of desperation.

At this juncture when things are slipping out of our hands and sinister designs are shaping to end the resilience of our community by way of forcible return to ghettos or original habitations, we must reassess our strategy and do some sincere course correction. We must now reaffirm our resolve and faith in the only political idiom of  a Separate Geo-Political dispensation as envisaged in Margdarshan Resolution 1991. Let the community with one voice reject all means and mechanisms of our return which do not encompass respect, dignity and non Refoulement. Let this political idiom drive us into realisation of unity and let the political empowerment drive our social empowerment home.

 

 

WHAT IS PANUN KASHMIR !

What is Panun Kashmir? A member in one Panun Kashmir group on whatsapp retorted back when I was trying to pull the attention of members towards this Geo Political entity. Well, even before this I have encountered many people who have built their own understanding of Panun Kashmir. Some refer to it as a party of KP's, some call it a separate homeland for Pandits in Kashmir, some even, and interestingly even Pandits describe it as a response to azadi tahreek of KM and think it as an equal sedition towards this nation. And very importantly certain page three Pandits very frequently refer to Panun Kashmir as its activists as a lunatic fringe who are selling a fantasy to the community.

With all this, it has been my endeavour in social media and my personal interactions to try and make my brethren understand the real meaning of Panun Kashmir, which though has been explained by many before as well, but as a general habit in humans we cannot seek the highest ideals from our state of existence. And maybe this is one of the reasons why Hindu worship idols. But I believe it is natural for humans to behave in this manner since most of us are bereft with limitations attributed to our respective mental capability. So, it becomes our responsibility to clear the cob webs and connected mis-understandings. In light of this observation, I would like to explain my understanding of Panun Kashmir.

Panun Kashmir can best be described as the Geo-Political entity under the ambit of Constitution of India, which came into existence through MARGDARSHAN RESOLUTION 1991. Incidentally the organisation which undertook to shoulder the responsibility of achieving this ideal also came to be known by the name of Panun Kashmir. Taking nothing away from the members of this organisation and with due regards to their selfless contributions we must however understand that the Ideal - Panun Kashmir is supreme, over and above anything else.

Though most of us know the necessity of this Geo-Political entity however for the section of community and the rest of Indians who are not aware about the back ground which led the KP community to demand separate Homeland, I would like to give a brief back ground.

This geo-political entity generally understood by the certain quarters as simply a separate political enclave for Pandits and nothing else is far from reality and gross dilution of the basic ethos of this ideal. With this understanding a scenario is being built by vested interests that it is sheer selfishness of the community which has led to such a demand. Some even think that it is a treason against the nation. So, before we make our mind about this Geo-Political entity as something exclusive for Pandits we must analyse the Kashmiri Pandits are the aboriginals of Kashmir with a known historical existence of more than 5000 years . Kashmir and its inhabitants are connected with Indian nation like flesh and bones. Pandits have been the baton holders of Sanskrit Hindu civilization, nourishing and safe guarding its strategic interests and the connected civilizational moorings and anchors along Northern frontiers of this mighty civilization. Our contribution and sacrifice to Sanskrit Hindu Civilization is second to none.

Islamic onslaught in Kashmir has changed the dynamics of this equation to a great degree and this religion has done everything to delineate the our sacred land from its original civilizational moorings thereby creating a new dispensation which is grossly contrary not only to our civilizational ethics and practices but defeats most widely held basic ethical and behavioural patterns world over. It unleashed a brute force to spread its tentacles and forcibly occupied the Kashmir valley - our sacred land. Forced conversions, Religious executions, inhuman treatment of the aboriginals and everything which constitutes barbarity was employed by these zealots using religious expansion as the state policy to annihilate the Indian Civilization and its representative - the Kashmiri Pandit.

Now we are at a juncture where the valley has been cleansed from the representatives of Indian Nation. The Islamic onslaught, we must know is not confined to KP community only, it is through this community that a larger and more potent attack is being planned on this nation and its civilization. Pandits being in the front line of this attack are the first collaterals of this civilizational conflict. 

It is in light of this understanding that Pandits have decided to take a lead once again and shoulder the responsibility of being the front runners of this civilizational conflict and re-establish the lost Sanskrit Hindu Civilization along with its moorings and anchors in Kashmir.  Thus, we must know the Geo-Political entity named Panun Kashmir was never and will never constitute the selfish intent of this community. The Ideal of Panun Kashmir will and shall always remain a selfless endeavour of this exiled community to re establish INDIA back in KASHMIR.

Ending with a humble plea to my community and the concerned souls of this mighty nation to draw the correct understanding of PANUN KASHMIR through above lines and shoulder this responsibility with us. India can be re-established in Kashmir only through its aboriginals and their GEO-POLITICAL ENTITY - PANUN KASHMIR.

HOW ARTICLE 370 CAN BE REPEALED !

A friend of mine while discussing Article 370 suddenly retorted back by saying, why cannot we abrogate this article since this is an article present in the constitution of India. If we can have hundreds of amendments in our constitution, why not amend this one as well. I always believed that it is always in the scope of the
Indian Parliament to remove or amend this Article. I could have replied to my friend in boxing the details, but I thought to share it here on my wall for all my friends to know and evaluate. I am reproducing the same here for the esteemed readers to read and evaluate.


How was the fraud committed?

Powers to make any amendments in the COI rests ordinarily rests with the Parliament through Article 368, PART XX
AMENDMENT OF THE CONSTITUTION' which says "An amendment of this Constitution may be initiated only by the introduction of a Bill for the purpose in either House of Parliament, and when the Bill is passed in each

House by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting, [it shall be presented to the President who shall give his assent to the Bill and thereupon] the Constitution shall stand amended in accordance with the terms of the Bill.

Thus, in ordinary terms even with the Temporary provisions with respect to the State of Jammu and Kashmir through Article 370, the Parliament of India still reserved its rights to alter or amend the Article 370 through Article 368. In utter disregard to the Constitution of India and to please the separatist elements of Valley, through Sheikh Abdullah, the then Government of India made changes in Article 368 through a simple Presidential order which ironically didn't find its way into the main body of Constitution of India ( For obvious
reasons that it was illegal to tamper with the COI in this manner) but as an Appendix to the Constitution, which remained away from the eyes of nation and was not discussed or brought to light. The Appendix I of the COI says: 
[To clause (2) of article 368], the following proviso shall be added, namely:—


“Provided further that no such amendment shall have effect in relation to the State of Jammu and

Kashmir unless applied by order of the President under clause (1) of article 370.”

Thus when analysts say that this Article can be amended or even abrogated, they actually mean to undo this fraud through the same Presidential order, which means the President of India can pass an order and declare the Appendix I of COI null and void. Even the consent of the Parliament is not necessary since a precedence has been set by the then President through his presidential order. Once the Appendix I is provided null and void, Article 370 becomes just another article of COI and will stand prone to amendments.

In nut shell, we must understand that it was just the will of the then central government to introduce this Article and accord special status to J&K through Art 370, even after facing stiff opposition from the architect of constitution, Sh B R Ambedkar , Maulana Hasrat Mohani, Pt Shyama Prasad Mukherjee and many others, but Sardar Patel and Pt Nehru went ahead with the article and made future safe guards for it.

Now it is the same will needs to be exercised by the current Central Government to undo this fraud. Just the matter of will and sheer guts. Will our NaMo bell the cat, is the million dollar question.