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India embarrassing USA on Kashmir by not retrieving PoK. By Hem Raj Jain

After boycott of polls by local parties NC & PDP on the pretext of Article 35-A, India’s position on Kashmir has become untenable (ii)- Not allowing self-determination in J&K (including PoK) can be justified only on the ground of not-promoting ‘Islamist Jihadi terrorism’ (iii)- By taking excuse of combatting Jihadi terrorism, India cannot inflict its own terrorism in Kashmir through its coward security forces (iv)- India damaging its title on J&K due to adverse possession (v)- USA should ask Hindu majority India to either retrieve Muslim PoK or let go Muslim Kashmir (vi)- India should be prepared for realization of ‘Federation of SAARC’ in case India opts to retrieve PoK (vii)- Without genuinely secular parties at helms, India can’t retrieve PoK (viii) For bringing secularism in India, USA should constrain India to get 5 writ petitions filed in SCI

It is not merely Indians or Indian origin US Citizens in USA but even the India-friendly people and Government of USA get embarrassed when Kashmiris and their supporters carry out programs (seminars, demonstrations etc) in USA for highlighting the sufferings of Muslim Kashmiris (at the hands of Hindu majority India) and their demand for plebiscite (self-determination) as happened last week also in Houston, Texas, USA during a convention as reported at https://kmsnews.org/news/2018/09/04/speakers-at-seminar-in-us-urge-un-to-stop-carnage-in-iok/ OR https://www.dailyparliamenttimes.com/un-can-stop-carnage-kashmir-dr-mir/

On the pretext of Article 35-A (related to Article 370 of the Constitution which is as good as saying that the accession of J&K to India is not as undisputed as India claims) now when both the main local parties the NC and PDP have boycotted the polls as mentioned at https://indianexpress.com/article/india/pdp-to-boycott-local-body-polls-in-jk-cites-article-35-a-row-5348642/ India’s position on Kashmir has become untenable. Hence now the USA will find it increasingly difficult to support India’s position on Kashmir. Therefore if India wants to retain Kashmir then without further delay India will have to start the process of retrieving PoK, militarily if necessary (which will ultimately lead to the realization of ‘Federation of SAARC’) as explained below:-

(1)- Not allowing self-determination in J&K (including PoK) can be justified only on the ground of not-promoting ‘Islamist Jihadi terrorism’ (as current insurgency in Kashmir is being carried out by militant Jihadis injected by Pakistan especially since late eighties after end of cold war between USA & former USSR and when Pakistan diverted in Kashmir the militant Jihadis freed from Afghanistan). But by taking excuse of combatting Jihadi terrorism (especially in this age of ‘Global war against militant-Jihadi’s terrorism’), Hindu majority India cannot inflict its own terrorism in Muslim Kashmir through its coward security forces which instead of taking on Pak-military for retrieving PoK (the integral part of India as per Indian Constitution and unanimous resolution of Parliament) are showing ‘bravery’ by training guns at the civilian citizens of India (the Kashmiri Muslims) under protection of AFSPA, SPA.

(2)- Politically naïve India does not understand that it is damaging its title on J&K due to adverse possession. Muslim Pakistan (which came in existence due to India’s partition on the basis of religion) tried to take Muslim Kashmir militarily many times in 1947, 1948, 1965, 1971, during Kargil and on-going proxy war but Hindu majority so-called secular India did not try to retrieve Muslim PoK militarily, not even once. Due to this reason also the USA should ask Hindu India to either retrieve PoK or let go Muslim Kashmir

(3)- Without genuinely secular parties (which presently India does not have) at the helms (at Centre and in States), the Hindu majority India can’t retrieve rather can’t be allowed (by world community) to retrieve Muslim PoK. Moreover India should be prepared for realization of ‘Federation of SAARC’ in case India opts to retrieve PoK militarily because world community will not allow all-out war on PoK between two nuclear countries India and Pakistan.

(4)- For bringing secularism in India USA should constrain India to get following 5 writ petition filed in SCI (because presently all the political parties in India are communal hence they will not go for political remedy to restore secularism in India hence the only remedy available is legal ):-

(i)-(Even before any judgment in title suit pending with SCI), legally expected restoration of Status-quo-ante of Babri Masjid which was demolished in 1992 in the presence of Observer of SCI (ii)- Getting entire process of discriminatory NRC in Assam dropped / quashed under Article 13 & 14 of the Constitution because (A)- NRC is made only for Assam (and not for entire India) which harasses mostly so-called infiltrators in Assam but not so, for so-called infiltrators in rest of India.(B)- NRC is made under unconstitutional Assam Accord 1985 (which discriminately grants citizenship rights to illegal migrants up-to 1971 in only Assam and not in other State). Hence the constitutional validity of Assam Accord has been challenged in SCI therefore before deciding this issue it is unconstitutional on the part of SCI to ask for the preparation of NRC in Assam (because if Assam Accord is struck down by SCI then NRC will become illegal and meaningless).( C)- NRC is being made with religious discrimination because tens of millions of Hindus are illegal immigrants in all over India from Bangladesh and Pakistan but India is harassing mostly Muslim illegal immigrants in Assam [Government of India (out of communal discrimination, has already initiated to bring 'Citizenship Amendment Act' through Parliament where except Muslims all others, the Hindus, will be granted citizenship who came illegally from Pakistan, Bangladesh etc] (iii)- For abolishing (because discriminatory against Muslims etc and favoring Hinduism in constitutionally secular India) all the laws related to cow protection, beef eating etc which are causing also the lynching of Muslims and ‘Dalits’ in India (iv)- Quashing of discriminatory (especially against Muslims) Reservation Policy which, in the name of backward castes, is giving reservations to also those castes of Hindus which once ruled in India (v)- Regarding Delhi 1984 & Gujarat 2002 riots. SCI should demand responsibility of and punishment to executive magistrates and armed forces who failed in stopping these riots under sections 129, 130, 131 Cr.P.C. This petition will help to stop promptly and effectively any riots in future.

It is hoped that USA will not only favor its avowed-friend India but as a leader of free world will also honor its commitment to human rights in Kashmir and will persuade rather constrain India to start the process of retrieving PoK militarily so that the world community can constrain both India and Pakistan to realize ‘Federation of SAARC (may be Federation of India and Pakistan in first stage), which will permanently solve the major problems of South Asia.