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  Global Views
Matter of Inherent Right
Special Contribution
By Mohammad Yousuf Naqash
Jammu and Kashmir
is the northernmost state of India. It is situated mostly in the Himalayan mountains. Jammu and Kashmir shares a border with the People's Republic of China to the north and east, the states of Himachal Pradesh and Punjab to the south and the Pakistani-administered territories of Kashmir, namely Azad Kashmir and Northern Areas, to the west and northwest respectively.

Clinging to its policy, faith and tenacious outlook, dominant majority of Jammu Kashmir makes it amply reiterated that the sentiment of freedom can only be realized by recognizing the right to self determination. Inhabitants of this secluded part of the world are human beings and depriving them from their inherent right politico-territorial sovereignty is a condemned injustice, inflicting on them penalty in the shape of human and material loss, economic deprivation and diplomatic isolation-the wretched fate designed by colonial interests which they resist. The obstinate mindset of those who occupy Jammu Kashmir by the dint of force has to change so that justice is meted out to the subjugated lot. All this is possible if world's August Apex Body United Nations Organization plays a judicious and impartial role and takes up the cause of Jammu Kashmir with earnest efforts, positive make of mind and above all with sincerity and no obduracy, considering its human aspect, the world concern.

The inherent right recognized by United Nations Charter affirming Right of Self Determination to the people's and territories under colonial rule needs to be restored to the people of Jammu Kashmir without any further delay as it cannot be avoided for long given the situation of death and destruction and possibility of incitement of war hovering over sub-continent and entire South Asia causing due to the denial of this right. People of this territory are justified to get this right reasoned by centuries old historic perspective of independent and sovereign status of their territory. Many United Nations resolutions and commitments by the political authorities of two countries are also the obligation in this regard. When a small territory with only seven lakh population say east timor attracts the world attention and gets freedom, why can't it happen in the case of Jammu Kashmir (a large territory measuring more than one lakh eighty seven thousand square-kilo meters and having about fifteen million population) which is causing constant potential threat of Nuclear War hovering over whole sub-continent and can engulf the whole world. The perpetual state sponsored terrorism has marred the soul and site. During past nineteen years, one lakh bullet ridden, tortured, blasted, hanged and beheaded were consigned to graves in the nook and corner of Indian held Jammu Kashmir. Those with stained chastity, vilified and disappeared, jailed, crippled and disabled are countless. The psycho fear of Indian brutes in uniforms has converted whole territory in to a concentration camp (jail) and lunatic asylum like situation. That is why many local, Indian and International NGO's find impossible and difficult to take care of flood of psychiatric patients. This territory of ghost's needs huge amount and that also recurring to accommodate and cater to the needs of extra large number of widows, orphans and destitutes adding the number on an average daily from ten to twenty in the afore mentioned categories.

Let this be clear to the International Community including the civil Society and intelligentsia of sub-continent that Kashmiri people are not a martial race, rather benign ands tolerant with pious thoughts, least accustomed to gun culture. Had the circumstances not been made malignant upon them, they could not have pursued the path that culminated in an armed resistance which is on gobbling up many precious lives hitherto. Although the pro-freedom parties and most significantly two Hurriyat's does not believe in armed conflict, it is not possible to stop the cyclone of violence in Kashmir and above all the threat of nuclear war given the presence of seven lakh armed Indian Forces who have forcibly occupied and subjugated Jammu Kashmir and are at war with the civilian population perpetrating heinous crimes including genocide, custodial disappearances and killings, fake encounters, rapes, molestations besides frisking, arresting, torturing, detaining, blasting (humans and properties). All this has generated fear psychosis to which every Kashmiri is vulnerable. The Indian men in Uniforms do not have any respect for humanity, law and judiciary and are toying with as they act above law empowered by Black Draconian Laws like Disturbed Area Act, Armed Forces Special Powers Act etc. They enjoy impunity in whatever devilish and inhuman they perpetrate as they are accountable to none. They disrespect by not adhering to the orders and verdicts of the judiciary that amounts to negating their own democracy and system.

Dominant Muslim majority of Jammu Kashmir never quartered communalism and also wore no imperious intentions vis-à-vis minorities who are coherently inseparable and revered part of composite culture inheriting every right but the Pandit community's disrespect to the sentiment of freedom cherished by majority is painful and the matter of concern. How is it justified that they remain the part of this territory and at the same time owe allegiance to India to the dismay of majority whose verdict in democracy matters final and binding? The Pandit community has to decide whether they are with majority community or with India. Their communal parties like Panun Kashmir, Kashmir Samiti nurtured by dreaded Communal Organization Rashtriya Swayem, Seway Sang, its political façade bhartiya janta party and other like minded offshoots are engaged in misrepresenting and defaming Islam, Muslims and freedom struggle. They keep on spitting this venom and hate. They are the tools of Indian establishment, supporting the occupation at all levels. Worst situation of economic blockade and attacks on Muslims in Jammu was actually the hate campaign incited by these Pandit Communal parties aided and supported by above mentioned communal parties of India which got proved after Leela Karan Sharma head of the Seri, Amaranth Shrine Yatra Board openly joined hands with Bhartiya Janta Party and also revealed his past connections and affiliation with RSS and BJP. It is pertinent to mention here that he was rewarded the ticket for election. Even if we condemned the migration of Pandit community and any type of damage to them but they never even thought of condemning the brutal killings of their Muslim neighbors at the hands of India Forces. When such is the mindset, can we?

Mohammad Yousuf Naqash
Islamic Political Party (jk)
Human Rights Cell
All Parties Hurriyat Conference
Kursu Rajbagh Srinagar Kashmir

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Mohammad Yousuf Naqash serves as a special contributor to The Seoul Times. He is chairman of the Islamic Political Party (jk) and also a head of the Head Human Rights Committee and All Parties Hurriyat Committee, Kursu Rajbagh Srinagar Kashmir. He can be reached at






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