Changing maps will not mean Kashmir is a part of you, India

Published: May 18, 2016
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The correct legal position under international law is the whole state of Jammu and Kashmir is designated as disputed territory. PHOTO: mclaughlinhistory

The Indian government wants to pass the Geospatial Information Regulation Bill (GIRB). This bill will essentially make any map in India (ONE that does not toe the official line on geospatial information provided by the Indian government) illegal and liable to seven years in jail and a fine of up to a whopping billion Indian rupees.

Predictably Pakistan reacted by shooting off a letter to the United Nations (UN) protesting that the official Indian maps show the disputed territories of Kashmir as wholly part of India, including Azad Jammu and Kashmir (AJK). While one respects the sovereignty a foreign nation state, the provisions of this law are draconian to say the least and as such the impact of this law is another example of how national governments everywhere are anxious to control information. It also shows the absurdity of conflating political ideology with cartography which flies in the face of cold hard facts.

Those facts are that a part of the erstwhile Jammu and Kashmir state is occupied by India and a part of it is under Pakistani control. The Kashmir issue is the longest standing dispute on the UN’s agenda and the resolution passed by the UN Security Council remains in field. At the end of the day, Jammu and Kashmir belong first and foremost to the people of both Indian occupied Kashmir and AJK. The correct legal position under international law is the whole state of Jammu and Kashmir is designated as disputed territory. This correct legal position should be reflected on the map as well. If the legal position is not tenable, then at the very least the de facto border i.e. the line of control must be reflected.

The official Pakistani gripe over inclusion of AJK in the map, however, is only the tip of the iceberg. The proposed law goes beyond mere political point scoring and this is not merely a national issue. The precedent that India, as the world’s largest democracy, is about to set will be emulated by other regimes around the world and one fears something similar may eventually find its way onto our statute books as well.

So what is at stake?

Section 2(e) of the GIRB defines geospatial information as imagery or data acquired through space or aerial platforms such as satellite, aircrafts, airships, balloons, unmanned aerial vehicles including value addition; or graphical or digital data depicting natural or man-made physical features, phenomenon or boundaries of the earth or any information related thereto including surveys, charts, maps, terrestrial photos referenced to a co-ordinate system.

Whenever this data is used it is to be subject to vetting by an awkwardly named body called the “Security Vetting Authority” (SVA). The bill empowers the SVA to issue licenses to both individuals and organisations that want to use geospatial information. This the SVA would do after taking into consideration “national security”, “sovereignty” and “integrity” of India. Obviously the language is designed to fit the legislation to reasonable restrictions imposed on the fundamental right of freedom of expression in India as granted under their Constitution. It remains to be seen if this law, as it is finally passed, is considered a reasonable or unreasonable restriction by the constitutional courts in India.

Now what does that mean exactly?

Almost every app and every major news body uses geospatial data. This includes Facebook, Twitter, Apple, Google Maps, Uber and so on and so forth. All of these international companies would be required to submit their geospatial data for “security vetting” by the SVA. The implication for the freedom of these companies is very grave. Very soon, almost all of us in South Asia will have to use maps that are officially sanctioned by the Indian government. Things would get even more interesting, if in a tit for tat move, Pakistan too was to pass similar geospatial regulation legislation.

Obviously such a move will backfire on Pakistan because it is a considerably smaller country and hence a smaller market for the aforesaid companies. What would make it interesting, however, is if China steps in with its own version. After all, China has its own border disputes with India. China already has geospatial regulations in place and while these too speak of national sovereignty, they are nowhere near as draconian as the Indian version.

The GIRB adversely affects individual freedom to keep any mapping data whatsoever. Now imagine that this website i.e. Express Tribune publishes a blog with a Pakistani map which shows AJK as part of Pakistan. Suppose this is re-tweeted by a person living in India. Such a person will fall foul of the proposed law. Dissemination of a map that is not officially approved or vetted carries the maximum penalty of up to seven years and 1 billion Indian Rupees.

Conversely, if geospatial data from India is used in anyway outside of India, it also carries a similar penalty. The whole scheme is fundamentally designed to discourage international debate or discussion about India, its borders or any physical, manmade or charted features within that country. Geospatial data, it must be remembered, is used in many ways. It can range from locations of local businesses to mapping of outbreaks of epidemics. By subjecting all manner of organisations, data scientists and researchers to harsh penalties under this law, the Indian government is basically going to shoot itself in the foot. Not only will it create innumerable problems for international companies, but it will discourage bona fide researchers carrying out academic analyses of data in fields such as medicine and irrigation.

Here is why this is relevant to us in Pakistan.

Those familiar with the legislative history of Pakistan know that whenever India passes a particularly draconian law premised on national security and sovereignty, Pakistan’s government feels duty bound to follow suit, often with disastrous consequences. After all, Pakistan is equally touchy about its “national borders” and the Kashmir question. Pakistan’s civil society and digital freedom activists must be alive to this challenge. Indian activists must resist the bill in their country and we must resist any attempts to duplicate it in Pakistan.

Do you think the GIR Bill (which shows Kashmir as part of India) should be passed?

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Yasser Latif Hamdani

Yasser Latif Hamdani

The writer is a lawyer based in Lahore and the author of the book Mr Jinnah: Myth and Reality. He tweets as @theRealYLH (twitter.com/therealylh)

The views expressed by the writer and the reader comments do not necessarily reflect the views and policies of The Express Tribune.

  • Sane

    Indians are arrogant and a threat to the security of this region. They also say that thousand of years before they invented rocket and landed on moon. They can say and they can claim anything. This is all due to increasing population of Hindu Talibans.Recommend

  • little children

    kashmir is always a part of india….doesn’t matter what pak thinks..Recommend

  • Gratgy

    “The Kashmir issue is the longest standing dispute on the UN’s agenda and the resolution passed by the UN Security Council remains in field. ”

    Newsflash!! In November 2010 the United Nations has removed Jammu and Kashmir from its list of disputed territories.

    Moreover United Nations has also excluded Jammu & Kashmir (J&K) from its list of unresolved international disputes under the observation of the UN Security Council (UNSC).Recommend

  • Gratgy

    First you say “What would make it interesting, however, is if China steps in with its own version. After all, China has its own border disputes with India.”

    Then you say

    “China already has geospatial regulations in place and while these too speak of national sovereignty”

    So is the law the problem or the penalty. The author doesn’t seem to be quite clear what he wantsRecommend

  • Concard

    This is first step to our claim. What you think doesn’t matter for us. Seriously no one listens to Pakistan and Modi certainly has decided to tighten the screws. He extended a hand and you gave Pathankot. Vajpayee extended a hand you gave Kargil. Now you are going to see the real Modi. Trust me the man who has given up his family life and sees his mother as ordinary citizen who goes to hospital in an ambulance like a average citizen will go to any length to protect the country.Recommend

  • shahid

    Looks like you have not read Article 370 of your Hindus-tan Constitution drafted in Part XX1 and on 26 Jan 1950 and then enforced on 14 May 1954. Also you must read Raja Hari Singh’s ruler of J&K’s Instrument of Accession signed by him and Hindus-tan government on 27 Oct 1947, which said in this document that people of J&K will decide and nobody else; Both these legal documents clearly state that Hindus-tan Citizens cannot own, procure, buy, and property land business house vehicle in the state of J&K, and that any Hindus-tan citizen cannot participate as candidate or vote in J&K elections, Hindus-tan citizens can visit J&K as tourists and need to return back to their country. Read and learn… just dont Listen and react. I am not saying J&K belongs to Pakis-tan but surely it does not belong to Hindus-tan either. Both these documents are recorded and registered in the UN when Nehru went personally there and signed that J&K is a disputed territory and needs to be resolved by Plebicite. Still I am not saying it is Pakistan who gets it.. then for sure it is not for Hindus-tan too; So, by you warping and and bending over backwards would still not make this your or our domain.. Need to just clear the heads and get this done with civility other wise, it will be taken by force by third party, not Hindus-tan and neither Pakis-tan.. We both will be glaring at each other when actually somebody else will take it over.. Better to wake up now and be sensible and talk it over and settle it otherwise we both will be watching it from a distance.Recommend

  • Khan
  • Khan

    Keep Yapping Doesn’t Change Ground RealitiesRecommend

  • AQ

    but this Modi is greatest threat to India itself Coz of his aim to impose Hindutva in the country.. Gujarat massacre is great example of his mental approachRecommend

  • Headstrong

    What made Pakistan give up part of what it considers ‘disputed land’ to China? If the opinion of Kashmiris are so dear to Pakistan, why were they not consulted?Recommend

  • Indian guy

    Precisely. So, why create such a hue and cry! The right thinking people in India are already protesting against it for simple reason that such unnecessary regulations are going to make life difficult for, among others, tech startups and act as a damper for innovation. By making it about itself, Pakistan is making it an issue about patriotism for many in India.Recommend

  • Nomad1412

    Compare Modi’s exoneration by courts when Congress was in power to Quaid’s killing of Hindus during Direct Action Day, something which YLH doesn’t want to accept.Recommend

  • Sudhanshu Swami

    Please quote any law or action taken by Modi govt which you see as imposing of hindutva. How Post Godhra riots were started ? That was due to burning 58 people mostly women and kids, alive.Recommend

  • sylmarkhan

    Worry about your aksi chin that u lost in 62. Indo think aksi chin that Pakistan gave china. Pakistan does not control regions that overpass k2 . You change the punjab map in your favor at the last minute. This is china Pakistan relation. We can do whatever.. Like you did in47. Worry about 62 aksi chin forget about china Pakistan boundary. If you can have punjab boundary as you like. We can have gilgit boundary. Because it is not your gilgit. Don’t try the punjab final boundary act in gilgit. Recommend

  • An Indian

    Keep complaining author. India shall do what it have to do. In due course of time, India will take back the rest of Jammu and Kashmir currently being occupied by Pakistan-China combine, the world will move on Recommend

  • An Indian

    Really? Did you ever hear of Supreme Court judgements related to the Gujarat riots, let alone read and understand them?Recommend

  • An Indian

    Neither does screaming and crying and begging at the UN. Stop crying like a dehaati aurat in front of the UN.Recommend

  • An Indian

    Ever heard of amendments to Constitution? Probably not – since in your case Constitutions are not amended but chucked out – lock, stock and barrel. And a new one drafted only to undergo the same fate a few years down the line.Recommend

  • An Indian

    That’s because Pakistan foots their bill and takes them on joy rides in the part of Jammu and Kashmir that it occupies illegally. Don’t worry. We are going to put a stop to that as well soon.Recommend

  • Salim Alvi

    Kashmir is the land of Kashyap Rishi. Kailash and Manas Sarovar also belongs to India, since it is a holy place for Hindus. China and India needs to have economic merger.. and it will happen. There is lot more common between Indians and chinese. Both value education, both are spiritual and not later day Abrahamics. Both suffered at the hands of colonialists. India and China needs to make Tibet jointly held territory. It can be an experiment to bring Indian and Chinese civilizations together and ultimately merge. Both civilizations have common enemy. If we can live together peacefully in Singapore, Indonesia, Malaysia then we can live together in Tibet.Recommend

  • Salim Alvi

    those who want to keep their separate antiIndian identity had option to leave to Pakistan, they can start walking west. First they will reach Pure land of anarchy called Pakistan, then they will reach their hero’s land called Afghanistan and go further to reach holy desert.Recommend

  • hp kumar

    He doesnot like antinationals.A considerable doze of Hindutva is good for all Indians.Recommend

  • Salim Alvi

    No one should be allowed to make money in India from Indian people who disputes Indian claim on whole of Kashmir and Balochistan. Indians cannot any longer allow Dawood Ibrahims live among themselves. Recommend

  • Rajiv

    and who is doing all those massacres in middle east?Recommend

  • Rajiv

    Wow
    you are such a genius.
    you must have an IQ of 250Recommend

  • Gratgy

    Where in the link you posted is UN Chief saying that Kashmir is a dispute on UN Agenda?

    I did not know express tribune was an Indian website
    http://tribune.com.pk/story/77671/kashmir-issue-left-unmentioned-in-united-nations/

    The Military observer group is only on the Pakistani occupied Kashmir. So as per your logic only the Pakistani Kashmir is disputed. That more or less proves my pointRecommend

  • maynotmatter

    Modi’s involvement is fabricated story by Congress and widely plagiarized by Pakistani establishment. Have no evidence no proof besides the co-incidence that he was then the CM of the state.Recommend

  • maynotmatter

    Pakistan is already helping India changing map by doing CPEC. This is a brilliant game by India. If China or any foreign countries will get involved in any sort of development disputed territory, it automatically changes the status of the territory to be non disputed. Stalling India’s mapping guidelines will mean international pressure to legally stop CPEC on grounds that it’s construction passes through disputed territory. Check mate Pakistan.Recommend

  • maynotmatter

    Ah glad to see you guys feeling threatened. We tried peace but then you guys do not understand peace do you ?Recommend

  • Greywolf

    Hahaha…im quivering…hahaRecommend

  • indiandude

    How true! Just like Pakistan’s map that got cut in half in 1971, where more than 50% of muslims birader said good bye to Land of Pure, doesn’t mean that Pakistan doesn’t exist. Real Pakistan lies at the Bay of Bengal. If at all, the Bangladeshis have rightful claim to Kashmir (as they were the majority of Pakistan of 1947 and the one founded muslim league) according to partition. Not the people living on the Arabian sea!
    Even if India wants to entertain Kashmir question, it should talk to the country called Pakistan that existed at 1947. Where is that Pakistan?Recommend

  • HZR

    China is the expert in producing maps and there by claims how it historically belongs to China and how it was wronged by imperialists.Maybe others should learn from China and start the map campaign and so sovereignty.Recommend

  • Salim Alvi

    Those who put map of kashmir as disputed must not get Indian visa, must not be allowed to call Indian mobile and land line. Even the editor and all the employees of tribune must not get Indian visa or phone calling, emailing to IndiansRecommend

  • indiandude

    Gujarat massacre was the first response to the pan-islamist do murdered innocent Hindu women and children. See, no riots afterward. Once the bullies fear reprisal they obey laws.
    Any muslim who thinks of themselves as Indian first is as proud and welcomed as any Indian. Fortunately, the entire western world has reached the same conclusion. that the pan-islamist/islamic brotherhood are undesirables. Brotherly China knows how to deal with Muslims much better than rest of the world. I wish the world learned from the Chinese.Recommend

  • indiandude

    I wish we have more Hindu Talibans to fight the 200 million+ terrorist talibans in the west of India,Recommend

  • Rohan

    The author should read shuja Nawaz’s book.
    Pakistan was the first to grab gilgit and ajk through use of terrorists in 1947 and hence Pakistan is asked to vacate its entire army as per the UN resolutions and India is asked to only reduce its army.The same resolutions which Pakistanis bark about without actually reading it
    India merely defended itself against those terrorists when the Maharaja asked Nehru for help
    Writing such bogus blogs with 0 facts and all emotions won’t change realityRecommend

  • Vinod Chauhan

    Its funny how Hindus-tan have more muslims than Muslim-stan.Recommend

  • Vish

    Pakistan has no locus standi in Kashmir due to the following reasons,

    1. Pakistan ceased to exist in 1971, when a majority of Pakistanis seceded to form a new state called Bangladesh. What now remains is just a rump state, which has no ‘religious identity’ claim on Kashmir as the majority of Pakistani Muslims resoundingly voted their no-confidence in Pakistan.

    2. When pre 1971 Pakistan could not manage and keep what it had got in 1947 there is very little justification in claiming Kashmir now.

    3. Pakistan proved it has no interest in Kashmir by giving up a portion of what it held to China.

    4. Even in 1947 the Instrument of Accession was in favour of India. Pakistan by attacking, killing and raping Kashmiris, with its non-state actors, effectively destroyed any ‘religious identity’ claims that it may have had, in its pre 1971 avatar.

    5. UN resolutions (which are no longer applicable as the original Pakistan does not exist) call for Pakistan to withdraw from all the areas of Jammu & Kashmir it holds.

    6. Finally the vast majority of Kashmiris especially Shias, Ahmadis, Buddhists, Hindus, Sikhs and tribal it’s have no desire to join Pakistan. Even Gilgit, Baltistan & POK desire freedom from Pakistan, just as Sindh, Balochistan & Khyber Pakhtunwa.Recommend

  • Concard_007

    We are proud of him. Seen the recent surveys? Still he had got a popularity rating of more than 70%. Your old whining doesn’t work. People don’t buy it. People are seeing Modi means business, no corruption, no brokers, only development and Nationalist oriented government. And your PM is in Panama papers and yet the public hasn’t raised a hue and cry for him to resign like in Iceland where people forced their PM to resign after his name was leaked in panama papers.Recommend

  • rtnguy

    If Kashmir is disputed territory then CPEC is illegal .Recommend

  • Nana

    Quite obviously all the Indians are zeroed on this site…. because they can’t find anything interesting on their sites. Pity!Recommend

  • S

    First and the last step. That’s all you can do when it comes to Kashmir. It will not change the ground reality that we have half of the disputed territory.Recommend

  • Akhand Bharat

    IF J&K is disputed territory then why Pakistan has given parts of J&K to China and allowed the construction of Karakoram Highway? Pakistan should introspect.Recommend

  • Grace

    Doesn’t really matter what Modi or anyone else thinks or claims. People in occupied Kashmir do not consider themselves Indian and those in Pakistani Kashmir or Azad Kashmir sign up in the Pak military to liberate their brothers and sisters. Nothing will change that and the sooner Indians grasp this reality, the sooner the conflict can be resolved. Why hold a people and region hostage for so long and ignore the wishes of the majority? Indian Kashmir has 800 000 occupation army and Azad Kashmir no occupying army. Makes no sense so just let the people in Kashmir vote on freedom and move on Indians.Recommend

  • Keyboard Soldier

    Pakistanis have a fake identity. There is no such thing as a Pakistani race. It is a made up name.

    All Pakistanis are Indians, who act as Arabs, whereas the Arabs spit on Pakistanis. There is nothing common between the Arabs and Pakistanis; no food, no fashion style, no common language, nothing. But, all Pakistanis want to do is to copy them in their dressing and ways of life like pathetic little slaves.

    The two nation theory failed in 1971 and was based on a false pretext to begin with. The problems of the failed TNT can be seen today, since Pakistan is nothing but a crowd forced to live together under the military might of the Punjabi GHQ.

    Pakistanis will eventually have to go back to their true Indian roots, open up the borders and re-immerse themselves back into their abandoned core Indian culture.

    A rubberband can be stretched only so much. Eventually, the laws of nature come into play and set the record back to zero.Recommend

  • Vinod

    Yes you are sir/madame. The world will be a better place with out these pesky Indians an islamic heaven.Recommend

  • Sunil

    So you say and what is wrong if we want to establish our way of life? You have your Islamic way of life. Mind your own business. Kashmir was always a part of India the state is named after a great Saint who lived 1000’s of years ago. My family come from Kashmir we lost everything due to Muslims, I am and always will be a Hindu.Recommend

  • Sunil

    If you Pakistani’s think you can take Kashmir try it and see what we do.Recommend

  • http://peddarowdy.wordpress.com/ Anoop

    Fresh coming from a country which was born in blood. Check how 1946 riots happened under a Muslim League Govt in Muslim majority Bengal.

    Gandhi had to fast on to death to stop the violence.Recommend

  • http://peddarowdy.wordpress.com/ Anoop

    “Not only will it create innumerable problems for international
    companies, but it will discourage bona fide researchers carrying out
    academic analyses of data in fields such as medicine and irrigation.”

    International companies have to decide. Do they want to go with a democratic, secular, India ruled by a Constitution or, well, Pakistan.

    I seriously doubt the claim somehow researchers will be affected. I am not how Irrigation is affected considering India has its own satellites doing a stellar job of providing data and a steady stream of scientists who work on it.

    How will medicine be affected?

    If an Airline has to use India’s Geospatial Information, it has to follow the Indian law or be penalized. Or, it can opt to not work in India.

    For pure commercial purposes India shouldn’t change its stance.Recommend

  • gp65

    Did you read the link you posted? Ban-Ki-Moon refers to Kashmir as an issue NOT a dispute. HE also says he is willing to help if BOTH sides invite him – in other words, he will not act unilaterally based on Pakistan’s request.

    Also, it is not just Indian newspapers who mentioned that J&K has been excluded from the list of disputes,. ET itself had reported this news. http://tribune.com.pk/story/77671/kashmir-issue-left-unmentioned-in-united-nations/Recommend

  • LS

    Article 370 is part of Indian Constitution and can be revoked. There has already been talk about since last decade and it will be revoked. Now how strictly Indian constitution is enforced depends on the GOI. There are lot of things mentioned in the constitution and are subject to change by legislative vote. J&K only has 6 seats and the area that is disputed has only 3 seats. So do the math.. It can be done anytime of the day if India wishes to.

    Pakistan never had any stake in J&K. You need to read the UN resolution S/726 to note that Pakistan WAS identified as an aggressor state and asked to vacate the territory, which Pakistan hasn’t complied with. Thus, the actual dispute is internal to India and residents of Kashmir. So, the hypothetical situation you laid out below is not happening…

    “Need to just clear the heads and get this done with civility other wise, it will be taken by force by third party, not Hindus-tan and neither Pakis-tan.. We both will be glaring at each other when actually somebody else will take it over.. Better to wake up now and be sensible and talk it over and settle it otherwise we both will be watching it from a distance.”

    Lastly I don’t understand your need to put a hyphen in the name of the countries and the we prefer to be called as India or Bharat rather than Hindustan (which for some reason only Muslims seem to call)Recommend

  • Aditya Sah

    well, Gujarat riot was triggered as a response to burning of Hindu pilgrims in a train. Congress and not Modi was responsible for failure to the escalation of tension. Modi requested armed forces from the central govt headed by Congress to control the situation within 24 hrs of the riot which was declined by the Congress. Modi knows this very well that India can develop more when the country is secular.Recommend

  • Aditya Sah

    This is the classical showcase of heightened paranoia of the Pakistanis. I fail to understand how Indian sanctioned map will be forced to be used by the Pakistanis or any other countries. India believes JK is an integral part of India and it already has been printing such maps. Only things in now printing wrong map carries a fine – a hefty one now. This is totally an internal matter and I can’t understand why Pakistan has to poke its nose in the internal affairs of India.Recommend

  • http://gravatar.com/skchadha SKChadha

    Knowledge is wisdom ….. please gain more knowledge about J&K’s accession to India under Indian Independence Act, 1947 (British rule) under which both India and Pakistan came into existance. Please also read Government of India, 1935 and Constitution of India, 1950 to understand division of subjects under federal system.Recommend

  • LS

    Firstly (From the article):
    “The UN chief has told Mail Today that the world body is willing to play a role – if so asked – in resolving the Kashmir issue”

    Which simply means that a fresh request needs to be made. Focus on “IF SO ASKED”.

    Secondly:
    In 1954 Jammu and Kashmir’s accession to India was ratified by the state’s constituent assembly. In 1957, it approved its own constitution, modelled along the Indian constitution. Since that time India has regarded that part of the state which it controls as an integral part of the Indian union.

    India kicked out UNMOGIP from LoC long ago and its Delhi Office was also closed couple of years ago.. They are restricted to Srinagar

    Lastly:
    J&K has been removed from dispute list in 2010. If you don’t believe in Indian Media.. read your own.
    http://tribune.com.pk/story/77671/kashmir-issue-left-unmentioned-in-united-nations/

    In fact as TOI says it hasn’t been listed as disputed territory since 2006!!

    Thus, even if it is no longer in disputed territory list, UNSC has not voted to remove UNMOGIP, which is no longer recognized by India.Recommend

  • Jayman

    Where does Pakistan come into all this? They came with the invaders, didn’t they? Recommend

  • LS

    That is the hypocrisy – In fact they also attacked the same people on 6th October 1947 despite the “stand-still” act they signed with J&K Princely state, looted, plundered, raped till they were chased away from Baramulla by IA. Today they pretend to stand by the same people.Recommend

  • Bibloo

    But,.. see, well, you know, after all, there is a third party involved.
    The 14 million Kashmiris in Bharat Occupied Kashmir, do not
    want to be part of Hindustan. They are Muslims. They identify with
    their brothers/sisters in Pakistani Kashmir. And Pakistan. So, it does
    not matter what The Vermilion/Saffron Lord who gave up his mother,
    and deserted his wife [Jashodeben Chimenlal] thinks. Any man who
    who gives up family life is mentally unstable. Everyone needs a normal
    healthy. family life. It part of cultures, societies, all over the world.
    Hitler did not have a family life, either. Nothing. Nada, Zip. Zero.
    The Germans were crazy about him. They adored him. Just like
    hindus adore Modi Sarkar. Well, Hitler destroyed Germany.
    You can see stark similarities between the two. History repeating itself.
    This time in South Asia.Recommend

  • maynotmatter

    It has Observer group only in Pakistan occupied Kashmir not in Indian Kashmir. And that too because Pakistan is fool to believe that by having observer group will put it back in UN resolutions list. That ship has sail.Recommend

  • vinsin

    Instrument of Accession has no clause for plebiscite or to be decided by people of J&K.

    Rest is right.Recommend

  • vinsin

    It was not removed as Pakistan opposed.Recommend

  • Mirza Aasauf Baig

    You will then see real face of Pakistan Military Forces.
    3 Million Military Troops can go to any extent in order to protect our Country.Recommend

  • Bibloo

    The author is very clear. It’s the hindu cyber warriors, like YOU,
    who are following a script….from BJP, Shiv Sena,…RSS…?
    It’s the same mantra, Everywhere in ET ePaper.Recommend

  • Concard

    3 Million troops? LOL first get updated on facts. Pakistan has 500,000 active troops and another 500,000 in reserve. On the other hand Indian army active, reserve, and Paramilitary will go upto 3 Million. Looks like your imaginary troops didn’t do a good job in 1971.Recommend

  • Concard

    Blah, blah…you can tell this story to your future grand children.Recommend

  • Gratgy

    You did not answer my question either apart from your usual BJP, Shiv Senna RSS blah blah froth froth drivel

    is the law the problem or the penalty.?Recommend

  • Gratgy

    Where does the UN Chief say Kashmir is on UN agenda?
    Here a link from Express tribune from 2010 for you
    http://tribune.com.pk/story/77671/kashmir-issue-left-unmentioned-in-united-nations/Recommend

  • Shanker

    How much Hindu population in Pakistan before 1947 and now ????Recommend

  • Sane

    First fight with Kashmiris who want liberated Kashmir from India. Your 800,000 military personnel are still struggling since may years. Terrorist which you send under the garb of Muslims are being killed rapidly and we have almost cleaned. Remember your prime terrorist has been caught and he is accepting all terrorism activities in Pakistan launched by Indian government. Now, start saying here and there. Recommend

  • Sane

    Yes, crying like a DEHATI AURAT is the right of your PM Modi. We do not cry, but fight with facts.Recommend

  • Milind A

    They’ll go running to Washington, Beijing & Saudis begging to be savedRecommend

  • Milind A

    You’re expecting too much from a PakistaniRecommend

  • Milind A

    Wait till he comes over an “reclaims” the “lost” Hindus (converted Muslims) of Pakistan…Recommend

  • Gratgy

    We see the real face of the Pakistani Military Forces each time they occupy IslamabadRecommend

  • Gratgy

    Haha “facts”? your PM does stand up comedy at the UN.Recommend

  • Gratgy

    Do you want some cheese to go with your whine?Recommend

  • SHAH S

    Just to fefresh your memory as you as it looks also, Listen and React;
    The Instrument of Accession is a legal document executed by Maharaja Hari Singh, ruler of the princely state of Jammu and Kashmir, on 26 October 1947. By executing this document under the provisions of the Indian Independence Act 1947, Maharaja Hari Singh agreed to accede to the Dominion of India.

    In a letter sent to Maharaja Hari Singh on 27 October 1947, the then Governor-General of India, Lord Mountbatten accepted the accession with a remark, “it is my Government’s wish that as soon as law and order have been restored in Jammu and Kashmir and her soil cleared of the invader the question of the State’s accession should be settled by a reference to the people.” Lord Mountbatten’s remark and the offer made by the Government of India to conduct a plebiscite or referendum to determine the future status of Kashmir led to a dispute between India and Pakistan.

    I have already stated that State of J&K is self standing and neither Pakis-tan nor Hindus-tan has any right over it.Recommend

  • SHAH S

    Once the Article 370 is revoked, Hindustan de-facto becomes the occupier of sovereign state of J&K.. as J&K before Article 370 and after revoking Article 370 was and then becomes independent state with no right of care-taking by Hindustan.. This is what I stated, then it becomes a renegade state and available for occupation, and then both, Hindustan & Pakistan would be bystanders and one of the two so called superpowers will go for grabs. In my comment I stated clearly Pakistan had no stake in it.. so where is the issue you keep harping on. By the way, again, read your Constitution, .. at partition and when Brits left, Hindustan Constitution states that British called India (initially was called by Brits as Hindia) is now here-forward to be called and stated and known as ‘Hindus-tan’. By the way, it doesnt give me a twist in the stomach of what you state here. Pakistanis also need to wake up and come into the real world. .. only thing is that you Hindustanis to also stop dreaming and wake up, come out of your fantasy macho la la land; .. the sooner the better.. Time has come.. and if not sorted out.. it will be forcefully snatched away from both .. and if you think I am joking, just sit back and watch the show.. ;Recommend

  • Hassan

    How could a disputed territory becomes integral part of India,Recommend

  • Hassan

    So u need to do some introspect, there r no campaign or separatist movements in Pakistan, i am laughing hard for the names u have mentioned like sindh baluchistan and KPK, which in ur little brain desires freedom from Pakistan, we have no army deployed there like India in IoK, carrying out killings of innocent kashmiris, shut downs, curfews, etc and here we had elections in all the provinces of Pakistan. so many Indians visiting Our websites, even more than us, u just can’t live without us, u love Pakistan. lolRecommend

  • Jammu Tawi

    Wait a minute! Pakistan now claims Jammu also? Please correct the map to show Jammu. The entire state is not Kashmir. Also, Kashmiris lost all moral credibility when they orchestrated ethnic cleansing of religious minorities like Buddhists and Kashmiri Pandits, when they radicalised young boys to kill themselves for political purposes and when they flew the flag of ISIS, no doubt at the behest of some Mullah.
    No one buys their tale of “oppression” anymore.Recommend

  • Jayman

    We saw that “real face” in 1971 and in Kargil 1999. If that is “real”, you’re better off without it.Recommend

  • Dabang Kafir

    Kashmir will always be part of India. If Kashmiries do not like that than they can pack their bags and move to Pakistan.Recommend

  • Aditya Sah

    It is disputed because Pakistan made it disputed. Hari Singh signed instrument of accession with India, not Pakistan.Recommend

  • Salim Alvi

    I had written “Dawood Ibrahim”Recommend

  • Salim Alvi

    India needs to negotiate with original majority Pakistanis, that is Bangladeshis for Kashmir. Recently India gave an island with 300 sq km area to Bangladesh. Haseena of Bangladesh need to give all of Kashmir & Balochistan occupied by original Pakistanis.Recommend

  • Nana

    You are already having it with your heady whine of groans+ moans. Nothing left for me. Good.Recommend

  • LS

    Repealing 370 does not make J&K an independent state. The Article 370 was temporary at the best and were supposed to be removed since J&K government had signed off on the accession themselves. See below…

    “In 1954 Jammu and Kashmir’s accession to India was ratified by the state’s constituent assembly. In 1957, it approved its own constitution, modelled along the Indian constitution. Since that time India has regarded that part of the state which it controls as an integral part of the Indian union”

    So 370 is NOT the be-all-end-all thing here. No where in 370 it says that if that article is revoked the dominion of Indian over J&K would be Null and Void.

    http://www.constitution.org/cons/india/p21370.htmlRecommend

  • sterry

    India can try to change a map but it can’t change the heart of Kashmiris !Recommend

  • LS

    “I have already stated that State of J&K is self standing and neither Pakis-tan nor Hindus-tan has any right over it.”

    As I said before as well the accession was ratified by the J&K Parliament already in 1957.. So J&K belongs to India.Recommend

  • Swaadhin

    Talking of imaginary troops- Hitler went paranoid in his last days and would talk to his commanders about brigades which either did not exist or were already wiped out, some of the Pakistanis are going through the same stage as of now.Recommend

  • Swaadhin

    He is the grandchild who has been taught stories on India and history in general by his previous generations.Recommend

  • Swaadhin

    Yes madam, set a precedence for us Indians from Balochistan please.Recommend

  • Swaadhin

    killed a million to achieve what you call your homeland.Recommend

  • Swaadhin

    That’s true, Kashmir is with India and that is the ground reality.

    Keep Yapping.Recommend

  • Swaadhin

    You fight with grenades, AK’sRecommend

  • http://gravatar.com/skchadha SKChadha

    Yah …. they are busy killing their own brothers in “Azab Ka Jazba” to protect US interests. They are busy catching and killing rats from boroughs of Karachi, Baluchistan, KP, FATA and now Punjab …. :-)Recommend

  • http://gravatar.com/skchadha SKChadha

    I quote Section 3 of J&K’s Constitution adopted by them:

    “PART II-THE STATE 3. Relationship of the State with the Union of India:-The State of Jammu and Kashmir is and shall be an integral part of the Union of India.”
    Please also read Appendix I & II of the Constitution of India. Further, there are many States where tribal lands are not allowed to be purchased by outsiders. Nothing so special about J&K. Land is State subject in India.

    The accession of J&K to India is unquestionable under Indian Independence Act, 1947 (by British Parliament). This is the same Act under which entire Pakistan consider itself as sovereign nation …. :-) Read what section 2 of this act suggests about NWFP (now KPK) and accept the fact that Pakistan has not conducted any plebisite for this area and hence they have more rights then Kashmiri?

    The accession of all States in 1947 was under Government of India Act, 1935 which was succeeded by Constitution of India, 1950 and not only J&K but many States of India have special status. Please read PART XXI “TEMPORARY, TRANSITIONAL AND SPECIAL PROVISIONS” of the Constitution of India to understand the Indian Federalism in true spirit.Recommend

  • http://gravatar.com/skchadha SKChadha

    The accession of J&K is nowhere in dispute. Hartal, Bandh and strikes doesn’t make accession disputable. Tell me Sir, where and in which Court and by whom the accession is disputed? Sir, an afterword assurance, which is not part of the Agreement doesn’t make the agreement disputable under any international law. Further, is the J&K is cleared by Invaders?Recommend