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| Congress negating the 1994 resolution on Jammu and Kashmir | | Negotiated Settlement | | Rustam
EARLY TIMES REPORT
JAMMU, Aug 6: On August 3, Foreign Minister SM Krishna made a statement in the Lok Sabha on his talks with his Pakistani counterpart Hina Rabani Khar. He informed the law-makers that he was quite satisfied with the outcome of the talks and that he and Khar had agreed to take forward the dialogue process to narrow down the differences between the two countries and prepare a ground leading to the resolution of all the outstanding issues, including the issue of Jammu and Kashmir. Besides, he told the Lok Sabha that India and Pakistan were for the "negotiated settlement" as far as Jammu and Kashmir was concerned.
Ironically, not a single law-maker raised an objection to what Krishna said in this regard. They should have asked him to explain as to what exactly he meant by "negotiated settlement." Such intervention on the part of the law-makers had become absolutely imperative considering the fact that Krishna had not explained what he said about Jammu & Kashmir. They could have avoided intervention, had Krishna talked about Pakistan-occupied-Jammu & Kashmir and suggested that the only issue that still remained unresolved between India and Pakistan was the political future of POJK. That the law-makers, including those belonging to the so-called ultra-nationalist BJP, did not raise any objection has only created serious doubts in the minds of the people about the intentions of the Congress-led UPA Government and the main opposition BJP as far as Jammu & Kashmir is concerned.
Now the fundamental question to be asked is: Can the Congress-led UPA Government, or for that matter any political party in power at the centre, can dilute the age-old Indian stand on Jammu & Kashmir? The answer is no political party has the mandate to compromise the Indian position in the state, which acceded to India as per the constitutional law on the subject. Article 1 of the Indian Constitution clearly defines the boundary of the country and lay down in unambiguous terms that no one can compromise the sovereignty and territorial integrity of the country.
Then, there is the February 22, 1994 Parliamentary resolution on Jammu & Kashmir. It was a unanimous resolution. All the political parties, without any exception, had adopted this historic resolution. It was not a resolution. It was something more than that. It was the national resolve. In fact, it was for the first time after decades that the Indian Parliament had taken a clear-cut stand on Jammu and Kashmir. It is significant to note that the Parliament passed the resolution when Congress veteran and Prime Minister P V Narasimha Rao was ruling the country.
It would be only appropriate to quote here verbatim the Parliamentary resolution on the state to put things in right perspective. The resolution on Jammu & Kashmir was moved in both Houses of Parliament by the presiding officers and adopted unanimously by the two Houses. It has neither been rescinded nor amended so far. The resolution read: "This House Notes with deep concern Pakistan's role in imparting training to the terrorists in camps located in Pakistan and Occupied Kashmir, the supply of weapons and funds, assistance in infiltration of trained militants, including foreign mercenaries, into Jammu and Kashmir with the avowed purpose of creating disorder disharmony and subversion: Reiterates that the militants trained in Pakistan are indulging in murder, loot and other heinous crimes against the people, taking them hostage and creating an atmosphere of terror; Condemns strongly the continued support and encouragement Pakistan is extending to subversive and terrorist activities in the Indian state of Jammu & Kashmir; Calls upon Pakistan to stop forthwith its support to terrorism, which is in violation of the Shimla Agreement and the internationally accepted norms of inter-State conduct and is the root cause of tension between the two countries; Reiterates that the Indian political and democratic structures and the Constitution provide for firm guarantees for the promotion and protection of human rights of all its citizens; Regards Pakistan's anti-India campaign of calumny, and falsehood as unacceptable and deplorable. Notes with deep concern the highly provocative statements emanating from Pakistan urges Pakistan to refrain from making statements which vitiate the atmosphere and incite public opinion. Expresses regret and concern at the pitiable conditions and violations of human rights and denial of democratic freedoms of the people in those areas of the Indian State of Jammu and Kashmir, which are under the illegal occupation of Pakistan."
The resolution further read: "On behalf of the People of India, Firmly declares that: a) The state of Jammu & Kashmir has been, is and shall be an integral part of India and any attempts to separate it from the rest of the country will be resisted by all necessary means; b) India has the will and capacity to firmly counter all designs against its unity, sovereignty and territorial integrity; and demands that - c) Pakistan must vacate the areas of the Indian State of Jammu and Kashmir, which they have occupied through aggression; and resolves that -d) All attempts to interfere in the internal affairs of India will be met resolutely."
The resolution is unambiguous and no power in India can tinker with it any manner whatsoever. If the Congress party wants a "negotiated settlement" with Pakistan as far as Jammu & Kashmir is concerned, it has to amend Article 1 of the Indian Constitution and withdraw the 1994 Parliamentary resolution. They cannot do so. Since they cannot do so, they also cannot force down the nation's throat their soft or porous borders and irrelevant Line of Control-formulation. This formulation clearly negates Article 1 of the Constitution and runs counter to what lays enshrined in the 1994 national will. |
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