Present problems of CAA-Kashmir-Afghan of 1.8 billion people of Old-India from Myanmar to Afghanistan, can be solved only through FSD-South Asia. By Hem Raj Jain


Historically from Myanmar to Afghanistan India has remained one country / political unity. During Mahabharat (epic) times mother of Kauravas (Gandhari) was from present day Kandhar and Babur & other Mughal rulers were ruling in Kabul of Afghanistan and Myanmar was part of British India. Presently three problems (CAA-Kashmir-Afghanistan) are deeply disturbing this region which are as given below: - 

 (1)- As far as ‘Citizen Amendment Act’ (CAA), this is a much more serious problem than is conceded by most. The recent Delhi riots (during presence of Prez Trump and his family in Delhi) in which 53 killed (majority Muslims), over 200 injured and immense properties destroyed, is a very minor manifestation of the problem. This problem has a root in illegal population transfer allowed during partition. There was no provision of population transfer in ‘Indian Independence Act’. Rather India then in 1947 was legally expected to make it clear that every refugee in India (mainly Hindus) will have to be taken back and proper law & order will have to be provided by East & West Pakistan for these religious minorities otherwise India would be legally right to negate the partition.

 (2)- India wrongly allowed theocratic rather communal Pakistan and Bangladesh to be practically free from Hindus (~ 20 % of population, the Hindus forced out from each of Pakistan and Bangladesh while Muslims remains same rather increased a little to ~ 15 % in India) which has generated bloodthirsty communal forces in both countries Pakistan and Bangladesh (and even in Muslim majority Kashmir) and will be more so now through CAA which has potential of further illegal population transfer. Hence unless the people (Hindu and Muslims) who crossed borders of India and Pakistan (both East and West) are not granted dual citizenship (so that they can go and remain in both India, Pakistan and Bangladesh) this problem will not be solved. The problem of Rohingyas who have been expelled through violence from Myanmar also will have to be resolved as per international laws.

 (3)- As far as the problem of Kashmir, plebiscite is the only legally expected solution. The state of J&K is not an integral part of India rather its political fate will be decided by the will of the people (plebiscite) as mandated by the IoA the relevant part of it reads as – “[the question of Accession should be decided in accordance with the wishes of the people of the State, it is my Government’s wish that, as soon as law and order have been restored in Kashmir, and her soil cleared of the invader, the question of the State’s Accession should be settled by a reference to the people. Yours Sincerely Sd/- Mountbatten of Burma]”

 (4)- The people of J&K are not concerned whether GoI carries out this plebiscite on its own or by taking help and assistance from the United Nations or some other countries. But GoI has not carried out this plebiscite in J&K (out of unfounded fear that in plebiscite the people of united J&K may not vote for India) which has resulted in chronic & gory Kashmir problem. What to talk of legally expected plebiscite in united J&K the GoI & GoJ&K (instead of retrieving Pakistan Occupied Kashmir for carrying out plebiscite as mentioned in IoA) are even making Indian security forces to show their ‘bravery’ (not for retrieving PoK but) for harassing & persecuting the people of J&K (mainly of Kashmir) through AFSPA, SPA, PSA, sedition laws etc.

 (5)- It is pertinent to mention that the sedition laws which apply to rest of India does not apply to J&K especially about public statements of  someone who demands separation of J&K from India because IoA allows him / her to carry out a non-violent political campaign about it. Here it is equally important to mention that instead of carrying out plebiscite, as mandated by IoA, considering by India the State of J&K an integral part of India (by any way including mentioning so in Constitution & Statute) is legally comes under the category of usurpation and any meaningless exercise and activities (such as done on August 5, 2019 by GoI and GoJ&K  about amendment & repeal of Article 370 & 35-A of the constitution and converting the State of J&K into two union territories) is nothing less than mischief in legal terms to unnecessarily harass the innocent people of J&K by activities of GoI and GoJ&K which have no legal value because fate of J&K is yet to be decided by plebiscite as mandated by IoA.

 (6)- As far as problems in Afghanistan (LEFT TO ITSELF) it cannot remain politically viable in the present age of democracy, hence has no future. Even after 18 years of stay post 9/11 the temporary power, the USA & its allies could not establish democracy in Afghanistan. This is evident from the fact that in 2019 Presidential election in a population of ~ 37 million merely ~ 9.7  million (with merely ~ 3 million women) are registered voters and out of that merely about 2 million voters voted during Presidential election and that too turned out to be farce as it resulted in oath taking ceremony of two Presidents (Ghani and Abdullah) in Afghanistan on March 9, 2020 in presence of important countries of the world. India has high stakes in Afghanistan and present political disturbance in Afghanistan is even a security threat to India.

 In order to solve these three problems of CAA-Kashmir-Afghan, without the solution of which there can’t be any progress or peace in this region the Government of India (GoI) or (as GoI does not seem to be prepared to do it) some political parties in India, through activities and public demands, should take the lead as given below:-

 (i)- A writ petition should be filed in Supreme Court of India (A)- For making a declaration that ‘Population transfer’ is against the mandate of partition of India and against Secular Constitution of India. (B)- For repealing  ‘Citizen Amendment Act’ (C)- For directing GoI to identify ~ 80 million said Hindus from Pakistan & Bangladesh and to work for giving these ~ 80 million Hindus dual citizenship (one for India and another for Pakistan or Bangladesh). (D)- For directing GoI that if any such displaced from Pakistan or Bangladesh (Mainly Muslims) want to come to India then they should also be given dual citizenship. (E)- For repeal of the Article 1 (3) (a) of The Constitution of India and PART II THE STATE (3) of the Constitution of J&K [which illegally show J&K as Indian territory (like any other State of India) and even an integral part of India without any mention of the condition of plebiscite to decide the territory of J&K as per ‘Instrument of Accession’]. (F)- For directing the GoI to get a plebiscite in united J&K at the earliest possible after ensuring in united J&K the conditions conducive for carrying out such plebiscite required by IoA and file quarterly progress report about it in SCI (G)- For directing GoI & GoJ&K to release all the people of J&K who have been arrested on political basis [out of legally objectionable (in view of IoA) the apprehension of Respondents that they may demand plebiscite or independence of United JK] including those people who have been arrested since August 5, 2019 on political basis. (H)- For directing the GoI & GoJ&K to ensure the peaceful rehabilitation of Kashmiri Pandits in Kashmir also by ensuring the restoration of their evacuee properties and distress sale properties.

 (ii)- The  people and Government of Afghanistan should be told that (A)- India is prepared to adequately provide its security forces and others for maintaining peace and for carrying out elections (after preparing voter lest) in Afghanistan, if Afghanistan (while retaining its name as ‘Islamic Republic of Afghanistan’ or any such) is prepared to suitably amend the provisions of its constitution [which are discriminatory to other religions (than Islam) like Article 3, 17, 35, 45, 54, 58, 62, 63, 74 etc ]. (B)- India is prepared to launch ‘Federal Secular Democratic South Asia’ (FSDSA) in which Afghanistan can join and later on Pakistan and Bangladesh, Myanmar can also join. ( C)- For federalism  only the martial subjects (defense, foreign affairs, communication, national transport, currency human rights etc) will be with the center and all the civilian subjects including natural resources will be with the States (it will be according to federalism demanded by Jinnah in the interest of avoiding partition of India which was fatally denied by the then leadership of Congress Gandhi, Nehru, Patel etc). In this FSDSA any group of people (like united-J&K or part of it or Pashtuns of Afghanistan and Pakistan or Baloch etc shall be allowed to carve a separate State for them within FSDSA. (D)- Once FSDSA is realized then there will be one citizenship for the entire territory of FSDSA.  

It is hoped that ~ 1.8 billion people of this region (which is Old-India) instead of fighting with each other, will start working for peace, justice and prosperity in this region by realizing ‘Federal Secular Democratic South Asia’ as mentioned above.

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