Kashmir Bar Council has decided to organise a seminar on possible solutions to Kashmir problem. The step may sound positive so far as it is an attempt to proceed from abstract ideas to concrete models. It may however create confusions as well. Kashmiris are fighting for the last five decades for achieving right of self determination. This right has been recognised by international forums as well as the parties to this dispute as the solution to this problem. If we start deliberating on possible solutions the question that may be asked is whether we have parted ways with our previous demand of plebiscite? The organisers therefore should clarify their position regarding this basic question.
Another way of evading such misunderstandings is to reorient the theme of the seminar. Instead of deliberating on possible solutions to the problem, the topic of discussions should be to ascertain possible ways of securing implementation of UN resolutions. The UN resolutions are important because they are the only valid internationally recognised documents which confer the status of a disputed territory upon Kashmir. So far as aspirations of those segments of society which do not see eye to eye with the majority’s demand of plebiscite are concerned these should be accommodated within the framework of U.N. resolutions and not otherwise. Plebiscite as a modus operandi for determining future of a territory has been utilised everywhere irrespective of composition of the population of a disputed territory. Yet the principle can be implemented with some modifications in Kashmir to take care of ethnic and linguistic diversity of the state. The following paragraphs are aimed at elaborating one of these approaches.
Ethnically the state of Jammu and Kashmir consists of five distinct races. These races dominate different regions of the state. Kashmir valley is almost totally inhabited by Kashmiri Muslims. Racially and culturally they are unique and altogether different from other people of the Indo Pak subcontinent. Huge chunks of ethnic Kashmiris also reside in other regions adjacent to Kashmir valley.
Second important ethnic group of the state is that of Punjabi speaking Muslims residing in Pakistan Administered Kashmir, Poonch and Rajouri Districts of the Jammu region. Population wise, they are second only to Kashmiri speaking Muslims.
The third ethnic group of Kashmiris constitutes of Dogras of Jammu. They dominate Jammu, Kathua and parts of Udhampur District. Although, Dogras are culturally closer to Punjabi Hindus yet they posses distinct traits and language of their own. Historically they have been allies of Muslims and always in confrontation with Sikhs of Punjab. Most of the people belonging to this racial group are satisfied with the status quo. However they are not ready to defend it. For last one decade they have consciously evaded any sort of confrontation with the secessionist groups of Kashmir. This policy is an indicator of the fact that Dogras are ready to reconcile with any situation that may arise in case secessionism succeeds in Kashmir.
The fourth ethnic group of Kashmir consists of the people of the Northern Areas. Most of them inhabit in Gilgit and its vicinities. A large chunk of this ethnic group is settled in Kargil and parts of Leh District. Most of the people belonging to these areas are for nothing other than accession with Pakistan.
Buddhists of Ladakh ethnically belong to Mongoloid race. Although they dwell in the vast cold desert of Ladakh their population is very small. On account of their submissive nature, they can adjust with any new situation. Their exclusive dependence upon the routes coming through the Kashmir valley makes them inclined to go along with people of the valley in case of any solution to the problem. Besides these five groups, there are some other insignificant groups with whom no particular area of the state can be identified Kashmiri Pandits & Sikhs represent these categories.
Inspite of this ethnic diversity most of the people think about politics in terms of their religion. Religion has overshadowed all other factors so far as the issue of accession is concerned. Muslims by and large are for secession of their state from India. Hindus on the other hand are satisfied with the status quo and are not in favour of any change in this situation. Muslims constitute eighty percent population of the state. Having suffered for centuries under alien occupation they are in forefront of the ongoing freedom struggle. In fact the freedom movement of Kashmir is nothing but an attempt of reassertion on the part of Kashmiri Muslims. In this struggle, they are supported by Muslims of other ethnic groups as well. Hindus dominate two and half districts of Jammu province. Buddhists dominate the Leh District of Ladakh region.
While formulating a solution to the Kashmir problem all the ethnic and religious factors have to be taken into consideration. It will help to achieve widest possible acceptance for a particular formula. When I say widest possible acceptance it clearly means that no solution acceptable to everyone is possible. Insignificant minorities will have no choice except to follow the decision of the majority with guarantees relating to equality and identity. This is the case everywhere. Latest example being East Timor where twenty two percent dissidents to the vote for secession had no option but to go along with the majority. In light of the above observations following solution to Kashmir Problem is proposed.
1) Demilitarization of the state.
2) Elections for an interim administration under International supervision.
3) Interim administration will re-organise the state so that areas identified with different ethnic groups are clearly demarcated. Areas inhabited by sandwiched identities e.g. Doda, Gool and Kargil should be allowed to join region of their own choice. Referendum in respective areas can be organised to ascertain the choice.
4) Besides re-organising the state it should be job of the interim administration to rehabilitate refugees of 1947, 1965 & 1990.
5) Plebiscite in accordance with the UN-resolutions.
6) Constitutionally guaranteed right of secession for minority dominated regions if they are unable to go along with the majority.
The formula proposed provides a mechanism for fulfillment of the long-standing demand of plebiscite for Kashmiris as a whole. It also provides for right of dissent and secession to the minorities in case they are unable to go along with the majority.
Another way of evading such misunderstandings is to reorient the theme of the seminar. Instead of deliberating on possible solutions to the problem, the topic of discussions should be to ascertain possible ways of securing implementation of UN resolutions. The UN resolutions are important because they are the only valid internationally recognised documents which confer the status of a disputed territory upon Kashmir. So far as aspirations of those segments of society which do not see eye to eye with the majority’s demand of plebiscite are concerned these should be accommodated within the framework of U.N. resolutions and not otherwise. Plebiscite as a modus operandi for determining future of a territory has been utilised everywhere irrespective of composition of the population of a disputed territory. Yet the principle can be implemented with some modifications in Kashmir to take care of ethnic and linguistic diversity of the state. The following paragraphs are aimed at elaborating one of these approaches.
Ethnically the state of Jammu and Kashmir consists of five distinct races. These races dominate different regions of the state. Kashmir valley is almost totally inhabited by Kashmiri Muslims. Racially and culturally they are unique and altogether different from other people of the Indo Pak subcontinent. Huge chunks of ethnic Kashmiris also reside in other regions adjacent to Kashmir valley.
Second important ethnic group of the state is that of Punjabi speaking Muslims residing in Pakistan Administered Kashmir, Poonch and Rajouri Districts of the Jammu region. Population wise, they are second only to Kashmiri speaking Muslims.
The third ethnic group of Kashmiris constitutes of Dogras of Jammu. They dominate Jammu, Kathua and parts of Udhampur District. Although, Dogras are culturally closer to Punjabi Hindus yet they posses distinct traits and language of their own. Historically they have been allies of Muslims and always in confrontation with Sikhs of Punjab. Most of the people belonging to this racial group are satisfied with the status quo. However they are not ready to defend it. For last one decade they have consciously evaded any sort of confrontation with the secessionist groups of Kashmir. This policy is an indicator of the fact that Dogras are ready to reconcile with any situation that may arise in case secessionism succeeds in Kashmir.
The fourth ethnic group of Kashmir consists of the people of the Northern Areas. Most of them inhabit in Gilgit and its vicinities. A large chunk of this ethnic group is settled in Kargil and parts of Leh District. Most of the people belonging to these areas are for nothing other than accession with Pakistan.
Buddhists of Ladakh ethnically belong to Mongoloid race. Although they dwell in the vast cold desert of Ladakh their population is very small. On account of their submissive nature, they can adjust with any new situation. Their exclusive dependence upon the routes coming through the Kashmir valley makes them inclined to go along with people of the valley in case of any solution to the problem. Besides these five groups, there are some other insignificant groups with whom no particular area of the state can be identified Kashmiri Pandits & Sikhs represent these categories.
Inspite of this ethnic diversity most of the people think about politics in terms of their religion. Religion has overshadowed all other factors so far as the issue of accession is concerned. Muslims by and large are for secession of their state from India. Hindus on the other hand are satisfied with the status quo and are not in favour of any change in this situation. Muslims constitute eighty percent population of the state. Having suffered for centuries under alien occupation they are in forefront of the ongoing freedom struggle. In fact the freedom movement of Kashmir is nothing but an attempt of reassertion on the part of Kashmiri Muslims. In this struggle, they are supported by Muslims of other ethnic groups as well. Hindus dominate two and half districts of Jammu province. Buddhists dominate the Leh District of Ladakh region.
While formulating a solution to the Kashmir problem all the ethnic and religious factors have to be taken into consideration. It will help to achieve widest possible acceptance for a particular formula. When I say widest possible acceptance it clearly means that no solution acceptable to everyone is possible. Insignificant minorities will have no choice except to follow the decision of the majority with guarantees relating to equality and identity. This is the case everywhere. Latest example being East Timor where twenty two percent dissidents to the vote for secession had no option but to go along with the majority. In light of the above observations following solution to Kashmir Problem is proposed.
1) Demilitarization of the state.
2) Elections for an interim administration under International supervision.
3) Interim administration will re-organise the state so that areas identified with different ethnic groups are clearly demarcated. Areas inhabited by sandwiched identities e.g. Doda, Gool and Kargil should be allowed to join region of their own choice. Referendum in respective areas can be organised to ascertain the choice.
4) Besides re-organising the state it should be job of the interim administration to rehabilitate refugees of 1947, 1965 & 1990.
5) Plebiscite in accordance with the UN-resolutions.
6) Constitutionally guaranteed right of secession for minority dominated regions if they are unable to go along with the majority.
The formula proposed provides a mechanism for fulfillment of the long-standing demand of plebiscite for Kashmiris as a whole. It also provides for right of dissent and secession to the minorities in case they are unable to go along with the majority.
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