Status of Indian and Pakistani armies in Jammu and Kashmir

June 17th, 2009 - 12:19 pm ICT by ANI  

London: Dr Nazir Gilani is among a few Kashmiris who regularly write on Kashmir and human rights abuse. He, at times, comes out with new phrases, which provide a new dimension to debates. In response to my article, ‘Another own goal’, he made an interesting remark: “India is not an occupier in Kashmir. She is there as the consequence of a provisional agreement with the Government of Kashmir. The jurisprudence of this provisional agreement is accepted by the Government of Pakistan in all her bilateral agreements with the Government of India, namely, Tashkent Accord and Shimla Accord.”

This observation gave a new dimension to the debate and requires further consideration. The Indian army came to Jammu and Kashmir not as army of invasion; rather they came on request of the Maharaja of Jammu and Kashmir. On 22 October 1947 some parts of the State were invaded by unruly tribal warriors, killing and pillaging on their way to Srinagar, the Maharaja’s forces were not able to defend the State territory. The Maharaja had two choices: either let these tribesmen run over the country and destroy everything or seek help from India - he chose the later.

The Maharaja could not have got help from the government of Pakistan as they betrayed his trust; and despite the Standstill Agreement with the Maharaja, they stopped all the necessary supplies to the State and managed the tribal invasion to punish the Maharaja for not yielding to the demands of the Pakistani rulers who wanted State’s accession to Pakistan. (1)

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