Narendra Modi made a fair use of Art-370 in 2019 – Hope he also executes 22nd Feb 1994 Parliament Resolution
DAYA SAGAR
The February 1994 Resolution of Indian Parliament had 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 HANSRAJ GANGARAM AHIR) had 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 Q* 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 (SHRIMATI SUSHMA SWARAJ) had tabled the reply as <” 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.”> Minister did not tell where & when India had asked Pakistan to vacate occupied areas by a nominated date ? Question had been once again asked on 11-03-2020 in Parliament where in reply to a Lok Sabha unstarred Q. No 2977 for reply on 11-03-2020 regarding 22nd Feb 1994 RESOLUTION ON POK from SHRIMATI 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 <” . 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 once again war was initiated by Pakistan in 1999 along Ladakh region of J&K but that too ended in only throwing out the 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 the replies as given by government of India in parliament to3 questions listed here in above.
Since some where around 22nd Feb is being observed as Sankalp Divas every year. Many leaders/ societies/ association/ institutions, particularly concerned with affairs related to 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 been and is an integral part of India is the theme of the 22nd Feb 1994 resolution.
Where as, while reiterating/ declaring (Art-1 of Constitution of India 1950 / Section-3 of J&K Constitution) on 22nd Feb 1994that 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 ourself 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 40000 families facing communal genocidewere displaced from the areas of the Indian (princely) State of J&K whichhave 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 are still hope fully hoping to return to their ‘ancestral’ hearths as promised by India government.
To be brief it has been mainly due to 75days delayed offer for accession made by the then Princely State of and that too after the then Princely state was openly attacked by ‘Pakistan’ on 22nd Oct 1947 from Muzaffrabad side that nearly40 % of the area of the Indian State of J&K was unauthorisedly occupied by Pakistan in 1947-1948 and more than 40000 displaced families had to run for life leaving behind almost all of their physical assets, almost some member of every household losing a parent / becoming a victim of rape / losing a kin / living in relief camp separated from others family members. No any regular registration count was neither made by GOI nor State government after POJK DPs managed to reach safer areas in J&K /other India states. Many of these families who were denied claims of properties left behind ( pleading POK is apart of India but any action to register the property claims could give rise to the feeling that Government have given up the hope for the return of the territory held by Pakistan)were not given a meagre ex gratia relief of even equivalent of Rs.3500 per family in 1960s. 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 in Indian states other than J&K had been disowned as residents of ‘J&K state’ even by the J&K Government. What to talk of giving the property / monetary asset’s claims to POJK DPs these ‘1st.Victims’ of Pakistani atrocities/ aggression have not been giving any type of socio economic support like reservations in education/ services,concessions intrade etc.These families too were hoping after 22Feb1994Parliament Resolution that atleast ‘now’GOI will be gettingPOJK areas vacated & they shall be returning to their ancestral lands.
So, this day ‘WE’ must remind ‘OURSELF’ that it is now 75 years of POJK lands being under enemy / foreign occupation, the 1947-POJK DP families which might have grown to atleast 1,50,000 family units by now have remained without claims of the properties left behind for nearly 75 years since 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 when ever 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.
Continued
(Daya Sagar is a Sr Journalist &
analyst of J&K Affairs. dayasagr45@yahoo.com 9419796096).