Parliament resolved in 1994 that Pakistan Must Vacate POJK-A look through the Mist

    Will the February 22, 1994 Parliament resolution on POJK ever be implemented. Unless done return of peace & stability in “J&K” may take decades.   

The February 1994 Resolution of the Indian Parliament demanded  that Pakistan must vacate the areas of the Indian State of Jammu and Kashmir, which they have occupied through aggression; and resolves that  all attempts to interfere in the internal affairs of India will be met resolutely.

In reply to Rajya Sabha unstarred question NO.†2957 (measures taken to liberate POK  ) for 21-03-2018 by  Shri Javed Ali Khan MP, “Will the Minister of Home Affairs be pleased to state : (a) whether Government is still committed to the resolution on Jammu and Kashmir passed by the Parliament on 22nd February, 1994; and (b) if so, the measures taken to liberate Pakistan Occupied Kashmir from Pakistan.”  

Minister of State in the Ministry of Home Affairs (Shri H G Ahir) replied, “The Government of India’s principled and consistent position on the issue of Jammu and Kashmir is that the entire State of Jammu and Kashmir is an integral part of the Indian Union. A part of the territory of the State is under the forcible occupation of Pakistan. This position has been reaffirmed by the Resolution on Jammu & Kashmir adopted by the Parliament of India on 22 February, 1994. India is committed under the Simla Agreement and the Lahore Declaration, to resolve all issues with Pakistan peacefully through bilateral discussions.” 

But Government had said in reply to the question that India is committed under the Simla Agreement and the Lahore Declaration, to resolve all issues with Pakistan peacefully through bilateral discussions without telling what had been the progress.

The reply was no different than it was to Q No 2957 of 21-03-2018  when  in reply to Lok Sabha Question no 32 ( Illegally Occupied Areas) of December 12, 2018 by MP  Dr Kirit Somaiya: (a) whether the Government has asked Pakistan at diplomatic level to vacate all illegally occupied areas of Kashmir; (b) if so, the details thereof; (c) the details of the areas in Kashmir under illegal occupation of Pakistan till date; (d) whether Pakistan has reverted and taken initiative to vacate the illegally occupied areas of Kashmir; and (e) if so, the details thereof?

The Minister for External Affairs (late Smt. Sushma Swaraj) replied, “India’s consistent and principled position, as also enunciated in the 1994 Parliament Resolution adopted unanimously, is that the entire State of Jammu and Kashmir has been, is, and shall be an integral part of India. Pakistan has been in illegal occupation of approximately 78,000 sq.kms of Indian territory in the State of Jammu & Kashmir. Under the so-called ‘Boundary Agreement’ signed between China and Pakistan on 2 March 1963, Pakistan illegally ceded 5,180 sq .kms of Indian territory in Pakistan Occupied Jammu and Kashmir to China. We have repeatedly and consistently called upon Pakistan to immediately vacate all areas under its illegal occupation, most recently on 30 November 2018. Pakistan continues to be in illegal and forcible occupation of a part of the Indian State of Jammu and Kashmir.”

The Minister did not tell where & when India had asked Pakistan to vacate occupied areas and by what date?  

Question had been once again asked on 11-03-2020 in Parliament where in a reply to a Lok Sabha unstarred Q. No  2977 for reply on 11-03-2020 regarding  22nd Feb 1994 resolution on POK from Smt. Mala Roy asking :a) whether the Government is aware of a Parliament resolution on PoK; (b) if so, the details thereof and the steps being taken to realise the resolution; and (c) the details of steps taken till date on PoK? 

The Minister of State MEA Shri V Muraleedharan said in a written reply, “The Government’s consistent and principled position, as also enunciated in the Parliament resolution adopted unanimously by both Houses on 22 February 1994, is that the entire Union Territories of Jammu & Kashmir and Ladakh have been, are and shall be an integral part of India. Government monitors all developments taking place in the territories of India including in territories that are under illegal and forcible occupation of Pakistan. We have consistently called upon Pakistan to immediately vacate all areas under its illegal and forcible occupation, and to put an end to the human rights violations and desist from continued attempts to bring material change in these territories.” But here too no specific details were given  of  steps taken after 22-02-1994  on PoK vacation.

 

After 1994, a war initiated by Pakistan in 1999 along Ladakh region of J&K but that too ended in only throwing out Pakistan intruders / forces from areas intruded in 1999, the 1947 POJK areas still remained not vacated by Pakistan and 22nd Feb 1994 resolution of Indian Parliament which demanded that Pakistan must vacate POJK too remained un executed by Government of India.

 

To be brief the status of the Demand that Indian Parliament made on Pakistan the 22nd Feb 1994  could be well read from replies given by government of India in parliament to 3 questions listed here in above.

 

Since somewhere around 22nd Feb is observed as Sankalp Divas every year. Many leaders/ societies/ association/ institutions, particularly concerned with affairs related to the Indian state of J&K, do talk of 22nd Feb 1994  Parliament Resolution every year and observe the day holding seminars / public functions. Some in their wisdom appear to use the occasion to only express  that J&K has and is an integral part of India which is  the theme of the 22nd Feb 1994 resolution.

 

Whereas, while reiterating/ declaring (Art-1 of Constitution of India 1950 / Section-3 of J&K Constitution) on 22nd Feb 1994 that The State of Jammu & Kashmir has been, is and shall be an integral part of India and resolving that any attempts to separate it from the rest of the country will be resisted by all necessary means; it was demanded that Pakistan must vacate the areas of the Indian State of Jammu and Kashmir, which they have occupied through aggression.

So, this day is to remind us that People of India had demanded, through a parliamentary resolution about 3 decades back on 22nd Feb 1994, that Pakistan must vacate the occupied areas of J&K & resolution of Parliament has to be Executed by the Government of India. It is now more than 3 decades of the said Resolution and 7 decades since about 40,000 families were displaced from the areas of the Indian (princely) State of J&K which have been in 1947 occupied through aggression by Pakistan, who have not been even given the claims of the properties / assets left behind in POJK by government of India. Unlike 1947 refugees in India they are still hoping to return to their ‘ancestral’ hearths as promised by India government.  

 

To be brief, it was mainly due to 75days delayed offer for accession by the then Princely State of J&K. The offer was made after the then Princely state was openly attacked by ‘Pakistan’ on 22nd Oct 1947 from the Muzaffarabad side such that nearly 40 % of the area of the Indian State of J&K was unauthorisedly occupied by Pakistan in 1947-1948 and over 40,000 displaced families had to run for life leaving behind almost all of their physical assets. No registration count was made neither by GOI nor State government after POJK DPs managed to reach safer areas in J&K /other India states. Many families who were denied claims of properties left behind were not given a meagre ex-gratia  relief. Not only that some of the families who were though recorded as   from POJK areas ( Mirpur/ Muzaffrabad/’Poonch’/ Kotli/ Bhimber /GB etc ) but had reached Indian states other than J&K were disowned  as residents of ‘J&K state’ even by the J&K Government. These refugees were not given any type of socio economic support like reservations in education/ services, concessions in trade etc.

 

These families hoping that after the 1994 Parliament Resolution GOI would get POJK areas vacated & they shall return to their ancestral lands.

 

So, this day ‘WE’ must remind ‘OURSELF’ that it is now 75 years of POJK lands are under enemy/foreign occupation, the 1947-POJK DP families which might have grown to atleast 150,000 family units. As per government of India policy their properties in POJK  are to be  restored to them  and it is now nearly 3 decades since Parliament of India had demanded that Pakistan must vacate the areas of the Indian State of Jammu and Kashmir occupied through aggression and ‘IT’ is the duty of Government of India to execute the Demand of Parliament made on Pakistan so that whenever now after 22nd Feb 2022  a question in reference to 22nd Feb 1994  comes for reply in Parliament  GOI is able make a specific pointed reply as regards (a) GOI having asked   Pakistan  to vacate all illegally occupied areas of J&K by an appointed date  (b) if so, Pakistan has reverted and taken initiative to vacate the occupied areas (c)  if not what action next .                    

 

When the Instrument of Accession was signed on 26th Oct 1947 by the Maharaja of Indian princely state of J&K Pakistani ‘raiders’ had already launched open attack since  on 22nd October 1947 on the J&K borders on Pakistan side. India had just attained independence in August 1947 and Indian defence forces were still under the ‘half commands’ of the British officers. This must be kept in mind whilst studying the odds of the circumstances under which Indian army / air force had to fight after being despatched to Kashmir on 27th October.

 

Then PVC Maj Som Nath Sharma (1st PVC) made supreme sacrifice to defend Srinagar/ Badgam  Airport thereby enabling Indian troops to still save large part of Kashmir Valley and Ladakh Region. PVC Naik Yadu Nath Singh (2nd PVC) too made extreme sacrifice that enabled the Indian troops to save around 72.5 % of the Jammu Region from Pakistani occupation.

 

In the interest of common peace, the Indian Representative to the UN Security Council had, through a letter dated January 1, 1948 addressed to the President of the UN Security Council placed a complaint against Pakistan. The complaint received by via telegraphic communication said,  

 

“1. Under Article 35 of the Charter of the United Nations, any Member may bring any situation whose continuance is likely to endanger the maintenance of international peace and security to the attention of the Security Council. Such a situation now exists between India and Pakistan owing to the aid which invaders, consisting of nationals of Pakistan and of tribesmen from the territory immediately adjoining Pakistan on the north-west, are drawing from Pakistan for operations against Jammu and Kashmir, a State which has acceded to the Dominion of India and is part of India. …. The Government of India request the Security Council to call upon Pakistan to put an end immediately to the giving of such assistance, which is an act of aggression against India. If Pakistan does not do so, the Government of India may be compelled, in self- defence, to enter Pakistan territory, in order to take military action against the invaders. The matter is, therefore, one of extreme urgency and calls for immediate action by the Security Council for avoiding a breach of international peace.”  

 

After the 1948 complaint and ceasefire of 01-01-1949 there was the 1965 Pak initiated Indo-Pak War and the 971 war where Indian forces entered Pakistan and a new nation was carved out of Pakistan namely Bangladesh. Although this new nation was created POJK still remained part of Pakistan.

 

Pakistan continued its activities of destabilising development process and disturbing peace in J&K through indirect means/ methods supporting the anti-India elements / militancy across J&K .Till 1994 India had not directly  asked Pakistan to vacate POJK and if at all it was, it was  indirectly through UN desk route. It was on 22 February 1994 that Parliament of India noting with  deep concern the illegal occupation of some areas of Indian state of J&K by Pakistan and  Pakistan's role in imparting training to the terrorists in camps located in Pakistan and Pakistan Occupied Kashmir etc. These were in violation of the Shimla Agreement/ internationally accepted norms of inter-State conduct and by declaring 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 ‘demanding’ 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.

 

It was the DEMAND that Pakistan must vacate the areas of Jammu and Kashmir, which Pakistan has occupied through aggression that needs to be taken serious note of. And demand of Parliament made through a resolution on 22 Feb 1994 was to be executed by the Government of India.

 

No doubt the resolve that all attempts to interfere in the internal affairs of India will be met resolutely too was for GOI to execute but it was not necessarily involving some direct material action. But as regards “Pakistan must vacate occupied areas” even after 22-02-1994 nowhere is it on record that GOI has even formally asked Pakistan to vacate POJK by a particular date. Even UN has not been able to get occupied areas of Indian state of J&K vacated from Pakistan. Over seven decades have passed. 

 

Many leaders talk of the Parliament Resolution every year on 22nd February and observe it regularly after 2010 or so. Here too most of them  introduce the resolution more as Parliament resolving that The State of Jammu & Kashmir has been, is and shall be an integral part of India instead of reminding GOI that Pakistan must be asked to Vacate the occupied areas by an appointed date is the real operative part of Feb 22nd 1994  resolution.

The political leaderships has been using the 22nd Feb 1994 Parliament of India resolution more to “trumpet” how much they are concerned about the erstwhile State of J&K as Indian territory. For instance a political leader was quoted as having said on 22-02-2020 in Delhi that abrogation of Article 370 of the Constitution was a step towards fulfilling the objective of “Akhand Bharat” and “Our next objective is to take back the Indian land which is under illegal occupation of Pakistan.” 

The referred statement was surely received very pleasantly by ‘some’ but even 2 years after that there has been no reference in public domain where GOI India has asked pointedly asked Pakistan government to vacate occupied areas of Jammu, Ladakh and Kashmir Regions of erstwhile Indian State of J&K, by an appointed date. 

Still the common man keeps on hopefully hoping that as UN has failed, one day India will surely set a firm date before Pakistan for vacating the POJK 1947 areas since unless that is done return of peace and stability in “the J&K” may not be there for some  more decades. 

Author is a Senior Journalist & analyst on J&K Affairs.

Also read

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3. Analysing the new Pakistani Map

4. Rajrishi Kashyapa

5. Why British created the Kashmir Dispute, how the U.S. compounded it and why China wants its closure

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