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Theme Changer

 Topic: Kashmir endgame

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  • Kashmir endgame
     Reply #90 - November 07, 2019, 04:25 PM

    New Political Map of Kashmir and Narendra Modi's next move @Third Opinion with Hamid Bashani

    that is Barrister Hamid Bashani, who hails from Rawalakot in Pakistan occupied Kashmir now lives in Canada

    Do not let silence become your legacy  
    I renounced my faith to become a kafir, 
    the beloved betrayed me and turned in to  a Muslim
  • Kashmir endgame
     Reply #91 - November 15, 2019, 09:18 AM


    In the first week of August 2019, the Indian Parliament passed, and the President signed legislation to remove Articles 370 and 35A of the India Constitution. Article 370 preserves the autonomy of Jammu and Kashmir (J&K), a princely state that has been forcibly divided up between India and Pakistan. Article 35A empowers the J&K State to determine its permanent residents.

    The constitutionality of the legislation revoking Articles 370 and 35A has been challenged in the India Supreme Court.

    By revoking Articles 370 and 35A, India has seemingly abandoned the notion of J&K state as a special territory deserving autonomy. However, as discussed below, the revocation complicates matters more than it resolves. The revocation does little to lawfully change the autonomy of the State or alter the territorial dispute between India and Pakistan. Unfortunately, the revocation will foment domestic unrest and possibly an armed conflict between nuclear rivals, India and Pakistan.


    The Kashmir dispute surfaced soon after the 1947 partition of British India when the Hindu ruler of the J&K princely state acceded to India without consent of the predominantly Muslim population. Within a year of the partition, Pakistani tribesmen invaded and captured a substantial portion of the J&K state, which remains under the Pakistan control.

    India moved the U.N. Security Council, which, acting under Chapter VI of the UN Charter, passed a resolution proposing several measures, including “the withdrawal of tribesmen,” and the holding of “a free and impartial plebiscite” for determining “the question of the accession.”

    Pakistan declined to give up its portion of the J&K state.  India declined to hold a plebiscite. Since then, the J&K state has remained divided between India and Pakistan.

    In 1952, in view of the deadlock between India and Pakistan, India turned inward and entered into an agreement with the J&K state, known as the Dehli Agreement. The Agreement reaffirms “that sovereignty in all matters other than those specified in the Instrument of Accession continues to reside in the State.”  The Agreement also recognizes the State’s authority to define the rights and privileges for its permanent residents.

    In order to give effect to the Dehli Agreement, Articles 370 and 35A were enacted and placed in the India Constitution. This constitutional enactment brought peace between India and the J&K state.

    Internationally, however, India and Pakistan continued to claim the entire J&K state but made little headway to resolve the dispute. Under the 1972 Simla Agreement, India and Pakistan made a commitment to resolve the Kashmir dispute through bilateral negotiations.

    In addition to the accession duality, a third option has also developed, which argues for the sovereign independence of the J&K state, free from both India and Pakistan.

    Far from offering a solution, the revocation of Articles 370 and 35A deepens the conflict even further since the Muslims of Kashmir, and the radicalized youth will protest the denial of autonomy. Pakistan will come under its own domestic pressure to “do something” while the Indian troops mistreat the people of Kashmir.

    The question remains whether the revocation of Articles 370 and 35A can lawfully change the autonomy of the State. In 1956, the J&K Constituent Assembly drafted a constitution for the State, reaffirming its own special status in the Union of India. The State constitution has incorporated the provisions of Articles 370 and 35A to preserve its own autonomy.

    Part III (Sections 6-10) of the constitution lays out the qualifications, rights, and privileges of the “permanent residents” of the State. The residence provisions preserve the J&K demographics and prevent the influx of people from other parts of India. They also limit who could lawfully vote in local elections, and own property.

    The State constitution allows the J&K legislature to redefine and regulate permanent residents. However, any change in the definition, rights, and privileges of the permanent residents requires “not less than two-thirds” of the “total membership” of each House of the State bicameral legislature.

    Given that the people of the State do not support the revocation of Articles 370 and 35A, and given the local resistance to Indian troops, it is unlikely that the State legislature would expand the definition of permanent residents to permit immigrants from other parts of India. The “two-thirds” requirement poses a stiff barrier to any alteration of Part III of the State constitution.

    This raises the question of whether the federal parliament can revoke the State constitution. There appears to be no such authority available under the India Constitution.

    Furthermore, the territorial dispute between India and Pakistan over the J&K state has also been enshrined in the State constitution. Section 3 proclaims that the State of Jammu and Kashmir “is and shall be an integral part of the Union of India.” However, Section 4 defines the territory of the State as “all the territories which on the fifteenth day of August, 1947, were under the sovereignty or suzerainty of the Ruler of the State.“  Since a substantial portion of the pre-1947 State is now under Pakistan control, the territorial dispute between India and Pakistan remains a lingering question under the State constitution.

    The India Constitution recognizes the special status of several states within the Union. In addition to the J&K state, for example, Article 371A recognizes the “religious and social practices of the Nagas,” and protects the State of Nagaland’s “land and its resources” from the reach of federal legislation. Article 371G offers similar protections to the State of Mizoram.

    As noted above, Articles 370 and 35A limit the power of the federal legislature to make laws for the J&K state. The federal legislature can make laws only with respect “to matters specified in the Instrument of Accession,” such as defense, external affairs, and communications (posts and telephones, etc.). On other matters, the Instrument of Accession retains the sovereignty of the State. This limit on federal powers forges the special status of the State.

    Thus, Articles 370 and 35A are a federal commitment to safeguarding the terms of the Accession Instrument and the Dehli Agreement. By revoking these Articles, the federal government violates the terms of the Accession Instrument and the Dehli Agreement. The revocation takes away the sovereignty of the State that the Instrument and the Agreement confer on the State.

    Furthermore, Section 147 of the J&K constitution prohibits the State legislature from “changing the provisions of the constitution of India as applicable in relation to the State.”  Section 147 is a reference to Articles 370 and 35A, the only constitutional provisions of the India Constitution applicable to the State.

    In view of the Accession Instrument and the Dehli Agreement, the India Supreme Court may rule that the federal government has no authority to revoke Articles 370 and 35A. The Court will most likely hold that the federal government cannot unilaterally amend or repeal any or all the provisions of the J&K constitution, without the consent of the State legislature.

    Domestically, the revocation of Articles 370 and 35A does not alter the J&K autonomy protected under the Accession Instrument, the Dehli Agreement, and the State constitution. Internationally, the 1948 UN Security Council Resolutions and the 1972 Simla Agreement recognize the territorial dispute between India and Pakistan as an international dispute that cannot be unilaterally resolved but must be settled through a fair and impartial plebiscite or through some other bilateral agreement. Unfortunately, the heavily guarded border dividing the State, known as the line of control, continues to trigger skirmishes and threatens a possible all-out war with or without the use of nuclear weapons.

    that is  from Liaquat Ali Khan  and do not confuse this Liaquat Ali Khan with   that with Nawabzada Liaquat Ali Khan (Næʍābzādāh Liāqat Alī Khān   1 October 1895 – 16 October 1951), widely known as Quaid-e-Millat, the (Leader of the Nation  and Shaheed-e-Millat was one of the leading founding fathers of Pakistan,  who  was assassinated On 16 October 1951, in  Rawalpindi,,

    This Liaquat Ali Khan   is the Founder, Legal Scholar Academy Emeritus Professor of Law..

    Liaquat Ali Khan  initially trained as a civil engineer. He later switched to law, obtaining a law degree from Punjab University, Lahore. In 1976, Khan immigrated to the United States and studied law at New York University School of Law where he received his LL.M. and J.S.D. Khan is a member of the New York Bar and Kansas Bar. Since 1983, Khan has been teaching law at Washburn University School of Law in Topeka, Kansas. In 2014, Khan founded Legal Scholar Academy to provide impact analysis of U.S. foreign policy pertaining to Muslim nations and communities. Listen to Khan's commentaries on iTunes, Daily Motion, and YouTube. Khan has authored several books, including The Extinction of Nation-States (1996), A Theory of Universal Democracy (2003), A Theory of International Terrorism (2006), and Contemporary Ijtihad: Limits and Controversies (2011). Over the years, he has written numerous law review articles and essays on Islamic law, international law, commercial law, creative writing, legal humor, jurisprudence, the U.S. Constitution, comparative constitutional law, human rights, and foreign policy. His academic writings are used as parts of course materials in universities across the world. Khan has devoted much of his academic scholarship to Islamic law and conflicts involving Muslim communities. Khan has participated in Islamic law symposia held at the law schools of Samford University, the University of St. Thomas, Barry University, Michigan State University, and Brigham Young University—contributing ground-breaking articles on Islamic jurisprudence. In addition to law articles and academic books, Khan also writes for the popular press in the United States, the Middle East, and the Indian subcontinent. His legal and foreign affairs commentaries are published worldwide and international media, including BBC, Press TV, NPR, and leading newspapers, seek his comments on world events. Khan's writings are cited in various Wikipedia entries, including Sharia, Islamic democracy, nation-state, definitions of terrorism, and manual labor.Khan was a resident legal scholar with the Organization of Islamic Cooperation in Jeddah, Saudi Arabia.

     wonderful Bio.. and I did not know him until today...

    Do not let silence become your legacy  
    I renounced my faith to become a kafir, 
    the beloved betrayed me and turned in to  a Muslim
  • Kashmir endgame
     Reply #92 - November 16, 2019, 11:02 AM

    Kashmir: Labour shifts policy after backlash by Indian-heritage voters

    Profoundly disappointing for the Kashmiri diaspora in Britain that Labour have done this. When the human rights of Kashmiris are being systematically violated & Genocide Watch have released an alert, Labour cannot remain silent. It's an international issue

  • Kashmir endgame
     Reply #93 - November 16, 2019, 12:29 PM

    taking notes from netanyahu on foreign lobbying as well as armed occupation.

    Quote from:
    Indian politics is casting a shadow over our general election. Overseas Friends of the BJP (the party of India’s Prime Minister Narendra Modi) have reportedly identified 48 Labour-Tory marginals in which the organisation would campaign for a Conservative vote because of Labour criticism of events in Kashmir.

    Just this week, Labour issued a statement clarifying that it would “not take a pro-Indian or pro-Pakistan stance on Kashmir,” in a bid to pacify Indian organisations that had attacked the party over its conference resolution on the crisis in the region. Actually, Labour had not taken a “pro-Indian or pro-Pakistan stance” by expressing concern at the Indian government’s behaviour, but the concession showed that Modi’s supporters in this country pack a punch.
  • Kashmir endgame
     Reply #94 - November 16, 2019, 07:46 PM

    Pakistan lauds US commission for becoming voice of Kashmiris 'brutally silenced by India'  says Dawn News

    The Foreign Office (FO) on Saturday welcomed the hearing of of the Tom Lantos Human Rights Commission of the United States Congress on the situation in occupied Jammu and Kashmir, where people are facing movement and communications restrictions for more than 100 days.

    "Pakistan welcomes the public hearing on human rights in occupied Jammu and Kashmir by the Tom Lantos Human Rights Commission of the US Congress, held on November 14 at Washington DC," read a statement issued today.

    According to the statement, the deliberations of the commission reinforced internationally recognised disputed nature of the Jammu and Kashmir issue and highlighted gross human rights violations and the humanitarian crisis in occupied Jammu and Kashmir.

    "A call for an independent fact-finding mission to occupied Kashmir was made and the right of self-determination of Kashmiri people was also duly underscored during the Commission’s proceedings," it added...

    well that is the news and read more at the link..  may be it is good watch whole thing..

    Please join the Tom Lantos Human Rights Commission for a hearing to examine the human rights situation in the former state of Jammu and Kashmir in India in historical and national context.

    well that is two an half hr tube... may be i should watch bits and pieces

    Please join the Tom Lantos Human Rights Commission for a hearing to examine the human rights situation in the former state of Jammu and Kashmir in India in historical and national context.

    The Indian government’s decision to change the legal status of the Muslim-majority state of Jammu and Kashmir, announced in August and effective as of October 31, 2019, has attracted intense attention due to persistent reports of human rights violations, including a crackdown on freedom of expression; the arbitrary “preventive” detention of hundreds of politicians, lawyers, journalists, and other civil society figures and related fears of enforced disappearance; and the use of excessive force against protesters. The increased militarization of the security presence in the region and the economic and social consequences of the central government’s actions, including continuing restrictions on internet and phones, have also provoked widespread concern. In addition, militants have targeted migrant workers from outsider Kashmir, and have threatened businesses to maintain a protest shutdown.

    But although India’s decision was sudden, the situation in Jammu and Kashmir has been of concern for years. Its territory is divided by a military “Line of Control,” with Pakistan holding about one-third and rejecting India’s claim over most of the remainder. China also claims some of the land. In 2018 the Office of the UN High Commissioner for Human Rights (OHCHR) documented human rights violations in both India- and Pakistan-administered Kashmir and issued recommendations on a wide range of issues including civilian killings, deaths during security operations, blanket restrictions on journalists and independent observers, misuse of anti-terrorism legislation, and protection of religious minorities. A follow-up OHCHR report in July 2019 found little improvement and reiterated the “urgent need to address past and ongoing human rights violations and to deliver justice for all people in Kashmir.” Nor are the human rights problems limited to the Kashmir region. Patterns of human rights violations have been documented at the national level in India and Pakistan, including by the U.S. Department of State in the annual Country Reports on Human Rights Practices.

    Witnesses will examine the human rights situation in Jammu and Kashmir in the context of the region’s history and larger patterns of rights violations in India and Pakistan, and will offer recommendations for action by Congress.

    The hearing will be open to Members of Congress, congressional staff, the interested public, and the media. The hearing will be livestreamed via the Commission website and will also be available for viewing on Channel 55 of the House Digital Channel service. For any questions, please contact Kimberly Stanton at 202-225-3599 (for Co-Chair McGovern) or Piero Tozzi at 202-225-3765 (for Co-Chair Smith).   

    Hosted by:
    James P. McGovern
    Member of Congress
    Co-Chair, TLHRCChristopher H. Smith
    Member of Congress
    Co-Chair, TLHRC

    Opening Remarks
    Rep. James P. McGovern, Co-Chair, TLHRC

    Written remarks
    Rep. David N. Cicilline, Member, TLHRC

    Written remarks
    Letter to Ambassador Harsh Vardhan Shringla (October 24, 2019)
    Panel I

    Anurima Bhargava, Commissioner, U.S. Commission on International Religious Freedom
    Written testimony

    Panel II

    Haley Duschinski, Associate Professor of Anthropology and Director of the Center for Law, Justice and Culture, Ohio University

    Sehla Ashai, Human rights lawyer

    Yousra Fazili, Human rights lawyer and Kashmiri-American cousin of Mubeen Shah, detained Kashmiri businessman

    Arjun S. Sethi, Human rights lawyer and Adjunct Professor, Georgetown Law

    Sunanda Vashisht, Writer, political commentator, and Kashmiri Hindu who identifies as a victim of ethnic cleansing

    John Sifton, Asia Advocacy Director, Human Rights Watch
    Written testimony

    Do not let silence become your legacy  
    I renounced my faith to become a kafir, 
    the beloved betrayed me and turned in to  a Muslim
  • Kashmir endgame
     Reply #95 - November 17, 2019, 02:48 PM

    it is worth watching an old Q&A Session With General Mussharaf On ISIS And Taliban  and whole lot of other subjects  specially on Kashmir

    that was 10 years ago...  well lot of water went down the river Sindh since 2009  but India and Pakistan relations are exactly at the same level what they were before ., Now after what Indian Government did in Kashmir  that is breaking Kashmir in to  three regions (Now it is only two  Jammu Kashmir and Laddak )  I guess they will make it three states out of that land ..

    here is the old map 1947

    Now the map of Kashmir

    well we have to wait and see for the year 2020

    Do not let silence become your legacy  
    I renounced my faith to become a kafir, 
    the beloved betrayed me and turned in to  a Muslim
  • Kashmir endgame
     Reply #96 - November 17, 2019, 02:55 PM

    and that was Benazir ..Benazir ...Benazir.. well None of us and none of them could really CRACK THE PROBLEM OF PAKISTAN & INDIA ..

    it is not because of people in these countries ,,, IT IS BECAUSE OF FAITHS.. FAITH BASED POLITICS..   that video was a year f before  her assassination. Her loss for terror was the  Greatest  loss in the  history of Pakistan.. more than Pakistan break up as Bangladesh and Pakistan

    Do not let silence become your legacy  
    I renounced my faith to become a kafir, 
    the beloved betrayed me and turned in to  a Muslim
  • Kashmir endgame
     Reply #97 - November 19, 2019, 01:00 PM

    looks like this chap is involved in kashmir court cases and the twitter platform is complying with indian state demands.

    Quote from:
    A large number of Indian Twitter users are signing up on a rival social media platform called Mastodon in solidarity with the “illegal suspension” of Supreme Court lawyer Sanjay Hegde’s account over a couple of posts.
  • Kashmir endgame
     Reply #98 - December 10, 2019, 01:53 PM

    well Khan Saheb says


    On international Human Rights Day Muslims need to remember that the message of equality,  justice & protection of human rights for all was given more than 1400 yrs ago by our Prophet PBUH. This embodied the cardinal principles of respect for human rights & human dignity.

    Human Rights Day: PM urges global community to act against India's 'illegal annexation' of IOK

    In his message on global Human Rights Day, marked on December 10, Prime Minister Imran Khan appealed to the international community to act against the "illegal annexation" of occupied Kashmir by the Indian government.

    "On Human Rights Day, we must appeal to the world's conscience, to upholders of international law [and] to the UNSC to act against the illegal annexation of IOJK by the Indian occupation government," he said in a tweet on Tuesday morning.

    The premier condemned the Indian government's "siege" of over four months and demanded an end to the "gross abuse and atrocities being inflicted on Kashmiri men, women and children by Indian occupation forces in violation of all international humanitarian and human rights laws".

    "We salute and stand resolutely with the brave Kashmiris struggling for their right of self-determination," he added.

    well that is the Kashmir news..

    Do not let silence become your legacy  
    I renounced my faith to become a kafir, 
    the beloved betrayed me and turned in to  a Muslim
  • Kashmir endgame
     Reply #99 - December 11, 2019, 02:13 PM

    A draconian law From Indian Government

    UNDER Narendra Modi’s watch, there is little doubt that the country is being transformed into a Hindu rashtra, where minority communities are relegated to the margins of society, if accepted at all. For with the passage of the Citizenship Amendment Bill by the Lok Sabha on Tuesday, the BJP-led government in New Delhi has sent another signal — loud and clear — that Muslims are not welcome in Modi’s India.

    Under the law, which still has to pass through India’s upper house, non-Muslims from Pakistan, Afghanistan and Bangladesh will be able to acquire Indian citizenship more easily.

    Hindu nationalist supporters of the controversial bill have said the law will allow minorities ‘persecuted’ in these countries to find refuge in India. However, this move is hardly inspired by humanitarian concerns and smacks of Islamophobia and communalism.

    The BJP seems very concerned about non-Muslim communities in South Asia, yet it is doing all it can to make the lives of Indian Muslims miserable.

    This is only the latest in a series of moves the Indian government — now firmly carrying out the agenda of the Sangh Parivar — has made to marginalise and exclude Muslims from mainstream India.

    The government has stood by as barbarians have hunted down and lynched Muslims suspected of transporting or eating beef; the annulment of India-held Kashmir’s special status is also part of this sinister agenda.

    Moreover, a new ‘citizenship register’, under which people have to prove their antecedents, and already being enforced in Assam, may be used to cancel the citizenship of Indian Muslims if the BJP has its way.

    Many sections of Indian society have criticised these moves, particularly the new citizenship bill, for contravening India’s supposedly secular character.

    However the BJP, power drunk and with the support of far-right Hindu groups, knows that it can bulldoze these laws through parliament in the hope of achieving its dream of a Hindu India.

    For India’s Muslims, these are troubling times.

    People whose roots lie in India and who have lived in that land for centuries may now be declared aliens if the shock troops of Hindutva have their way.

    With these ominous moves, the BJP is paving the way for making millions of Indian Muslims stateless — outsiders in their own land.

    It seems the RSS ideologues that are running India, who are huge fans of Israel and whose ideological forefathers were smitten by Europe’s 20th-century fascists, are now employing the ‘best practices’ of both influences to do away with India’s Muslims.

    These condemnable actions should be noted by countries around the world.

    There have always been forces in India struggling to remove the veneer of secularism that previous dispensations there sought to promote. With the BJP’s rise to power, it seems that the communal beast has been set free

    and that is published in today's dawn Editorial .. If that is the law of Indian Government which says   
    Under the law, which still has to pass through India’s upper house, non-Muslims from Pakistan, Afghanistan and Bangladesh will be able to acquire Indian citizenship more easily.

    then I have to agree with the editorial..  THERE ARE PLENTY OF PERSECUTED FOLKS WHO HAPPENED TO BE MUSLIMS in Pakistan, Afghanistan and Bangladesh .. and I say  such Muslim folks should have equal opportunity to get immigration in to India as minorities of these countries ., The rule is yet to be passed by their parliament but  I hope sensible Indians oppose such rules of their government..

    Do not let silence become your legacy  
    I renounced my faith to become a kafir, 
    the beloved betrayed me and turned in to  a Muslim
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