I woke up at around 4:30 pm and went out of tent to find Jamaica was back. He had brought back some supplies was with him and was busy putting them away. As we chatted over a cup of tea, a guide came up and said that a foreign tourist had fallen sick and needed medical care. Turned out that a large group of tourists were doing the Zanskar to Spiti trek and one of them was showing symptoms of high altitude sickness. We had no means of contacting anyone except for one satellite phone in Batal. Just about then, a few locals from some place near Kaza came back from the lake and started to leave in their Maruti 800. The stupid guide, instead of sending the sick tourist  back to Batal in their car, hopped in himself and went away before we had the chance to say anything.
As we had no information of their location or means to help, we could only hope that the guide would be able to call up an ambulance. As I had already explore much of the area and didn’t have enough time to do anything else, I just stayed in the camp.  Jamaica is an interesting guy and it was fun listening to his stories. Did a bit of cleaning up of the camp site by picking up the trash. I wish the rules related to littering and environment protection were more strictly implemented.
Batal
Anyhow, nothing really remarkable happened otherwise and I had dinner and packed up all of my stuff which was going back with me.  Waking up next morning, I was again tempted to go out to have a ‘little walk’ around the place but checked myself. No taxi, private car etc came up for a long time, so I just chatted with Jamaica and and some shepherds. After a while, 3 guys came up, one of them a guide from one of the camps down the road. Rest were staff from an ambulance service which the guide had called up. The driver was unable to negotiate the sharp curves and had left the ambulance back there to came up by foot. For record, you can dial 1608 to call for an ambulance there.
The guide came up riding pillion on a bike. Biker told us that one of the guys in his group had broken his leg near Batal and they were staying there waiting for a vehicle to Manali when the guide came  to call for ambulance. The guide went to his group to bring them, while the rest waited. They came up after a while and I was a bit surprised to see them. It was a group of 10-11 people and not one of them was looked below 35. The sick guy was easily 50. Although, they were using  porters and mules to carry their luggage,  their journey from Zanskar to Spiti was no mean feat. Many people consider it to be one of the most difficult treks.The sick guy was loaded on the bike and driven to the ambulance. As there was enough space, the driver graciously agreed to drop me in Batal. I gave away most of my medicines to Jamaica as I had little use for them and took my leave. I kept 2-3 pills of a few, just in case :D
Near Chota Darraa
We walked to the ambulance and the sick tourist was given some first aid. He  didn’t speak English and most of the conversation was in gestures and signs. Only if the guide had brains to take him down to Batal with him the previous night, so much trouble could have been averted. But he seemed fine and no serious damage was done. I said goodbye to the lake and climbed in the front seat with driver. The road was rocky and difficult to drive , same as most places beyond Manali. At a point, I thought we were going too fast and I glanced at the speedometer. It read an insanely fast speed of 25 km per hour. Heh
      The ambulance dropped us at Batal at 12 and left for Kaza. A bus was already waiting for the tourist group. It was full already, so I kept waiting for another one. As the road had just opened in Kaza, I was hopeful of getting a bus or taxi soon, but the vehicles going towards Manali were very few. I had lunch in Chandra dhaba and sat outside. There were quite a few vehicles coming from Manali going towards Kaza, so it was a busy place. Driver of the bus thought himself a bit of a smart alec and keept cracking tasteless jokes about age of sick tourist and how old people should stay at home, crows as big as chicken in mountains of Jammu etc . I got annoyed after a while and walked around the place clicking some photos.But there was hardly anything to see near the road.
After 2-3 hours, rest of the tourist group  reached Batal and they left on bus taking the injured biker with them. At around 4, I got sick of waiting and put away my rucksack to spend the night in dhaba. Even if any vehicle passed through, it couldn’t reach Manali before 11 in night. Last bus for Delhi left at around 9 – 10. Better to spend night in Batal than in another crappy hotel  in Manali. I picked up my camera and torch and left to explore the area beyond the hill adjacent to hill.
After walking around rather aimlessly for a while, I found the source of  ‘perennial tap’ in dhaba which provided water 24 hours non-stop. It was a small spring around a km from dhaba. They had laid down around 6-7 cm thick plastic pipes to transport the water back to the dwellings. Some holes, 1 meter deep were dug at regular intervals to keep an eye on pipe’s condition. Although, Chandra river  flows just beyond their dhaba, it’s water is not drinkable due to slit.
A ridge extended sideways for quite some distance beyond the spring and I started climbing it. A water stream which merges in to Chandra near the bridge in Batal flowed beyond it. It’s source was a glacier 3-4 km straight up the path on ridge which first merged with a mountain and then seemed to extend right up to the glacier. It was 2nd time in 2 days that I found myself right in sight of some place where I could easily walk to but couldn’t because of lack of time and related crap. Only if I had left sooner, I could have a reasonable chance of trekking right up to the glacier. It was getting dark really fast as dark clouds covered the sky and wind got a bit colder as if it was raining somewhere.
I decided to walk as far as possible till it got too dark or started raining heavily. Till now, I hadn’t paid much attention to critters on ground.  But this place for some reason was swarming with spiders up to 5-6 cm across. There were so few insects in the place and even less vegetation to support any significant numbers. Presence of so many full grown spiders in such a place was very surprising.  It was a bit difficult to take a picture as they hid fast behind stones whenever some particularly fast gust of wind came by. My camera battery was almost fully discharged by this time anyway. So there are not many pictures.
I still don’t believe that nectar, pollen are part of a healthy diet for a spider
I kept on walking till a few minutes past six when it started to drizzle. There was still a lot of distance left to the glacier, so I turned back. It was almost dark by the time I reached back to dhaba. A few minutes later, two bikes from Bangalore coming from Kaza side stopped by to ask for directions and decided to spend the night. They had started their journey from Shimla route and it was nice to compare notes and exchange  ideas. I realised for sure that biking is a completely different form of travel than what I like.  While we were having dinner, Chacha started generator to recharge his inverter batteries (for his satellite phone). I managed to get my camera battery charged too. We went to bed soon after.
I woke up beforee 7 in morning to sound of trucks stopping and truckers going in to dhaba for a cup of tea. Those bikers had their breakfast, packed up and left soon after.  As I had my breakfast, I was tempted to go out walking again. But considering that the road had just been cleared, I decided to stay and wait for a vehicle. I got a lift in a Sumo taxi at around 11. The driver had stopped by the previous day too as he was transporting a group of foreigner tourists from Manali to somewhere near Kaza. As he was coming back empty, he had a 3 sullen looking Biharis who had missed the early morning bus. That bus had passed by about an hour earlier, completely jam packed. The driver upon noticing my camera asked me to stop wherever I feel liked to take pictures. He was fairly knowledgeable about the place and kept dropping tit-bits of information every now and then. One of the suspensions of the vehicle was damaged, so he claimed that  was not driving very fast. I doubted if it was possible to drive any faster on those roads.
For perspective, that blue-yellow thing at bottom is a tent
We did stop in a number of places, sometimes him pointing out something which I had missed. He offered to stop and wait for me near Rohtang Pass, so that I could catch a glimpse of Beas Kund. But it was raining heavily and the place was literally covered with clouds. The visibility was less than 20 meters. We moved on but got stuck in jam due to bad road soon after. The road was nothing except a mud track  and we spent more than an hour crawling down from the pass till road got any better. Rohtang Pass was a disappointment anyway, full of shanty like shops, shitty dhabas and dumb tourists (mostly Indian) acting like fools. I can understand people posing for photos in silly dresses, sunglasses etc but what  angered me was filthiness of the place. An average Indian tourist is a  plague of any beautiful place.
  Rest of the drive to Manali was without any incident and the beautiful sights outside helped calmed me down. Finally I had the chance to see the part of Beas where it flows through deep gorges as described in अरे यायावर रहेगा याद . Couldn’t get out to explore but may be will do it someday. We reached Manali at around 7:30. All the Volvo buses had left and only Himachal SRTC buses were available. Bought one ticket for a bus leaving at 9:30. As I had quite a bit of time to pass, I walked to Old Manali and had dinner in a faux-Tibetan restaurant. Almost all of the staff had left for Pushkar due to off-season in Manali and beginning of tourist season there.  Tested ‘choclate momo’ for dessert. It was nothing to talk about.
The bus, when it left was mostly empty, but I couldn’t fit my rucksack in overhead luggage rack. A kind local suggested that I take one of empty row of seats. These buses are driven with  lights on inside switched on.   As I wanted to get a little bit of sleep, I put on my sunglasses, covered my eyes with my hat (yes, at night) and made myself as comfortable as possible. Managed to get a few winks of sleep, but the journey was long and bus reached Delhi past noon.
Back to the soul crushing grind of life in a big city.
Sigh.
Not all those who wander are lost.  J.R.R.Tolkien    

Continuing from Fight For Jammu & Kashmir: Legalities

Article 370 of the Constitution is making a mockery of secularism, nationalism and the structure of unity. This temporary constitutional provision has, in fact, been providing encouragement for the establishment of Muslim nation.

Article 370 of the Constitution, which has grouped Jammu and Kashmir as a special and different state, ridicules this declaration that Kashmir is an inseparable part of India. This special status delinks the state from rest of the country. It won’t be an exaggeration if it is called constitutionally recognised separatism. On the basis of this “special status” people of Kashmir, Pakistani rulers and diplomats and intellectuals in the world raise of volley of questions in front of the Government of India. Is accession of Jammu and Kashmir complete like other states ? If the accession is complete, why then the special appeasement ? Is it so because there is Muslim majority ? Had there been Hindu majority in the Kashmir valley, would there have been this clause of the Constitution ? Does not this clause give an opportunity to the world to doubt our honesty ?
Everybody knows that Maharaja Hari Singh signed the accession papers on October 26, 1947 under which the state acceded to India. The accession of Jammu and Kashmir with India was carried out on the same pattern other states acceded to it. But as a result of the misfortune of the country, Nehru pressurised the Maharaja for handing over power to Sheikh Abdullah. The Maharaja gulped the bitter draught and exhibited his patriotism. The misfortune does not end here. On the request of Sheikh Abdullah it was decided that the State Assembly will take the final decision on the accession and it was done to appease the Muslim society in Kashmir. From here the State was given the special status. The question arose as to what should be done till the Assembly took the final decision ? For this period Article 370 was incorporated in the Constitution as a temporary measure. But even when the State Assembly ratified the state’s accession to India, the Article was not scrapped. There can be no other bigger instance of treachery than the interest of the vote bank and the politics of appeasement.

With the blindfold of political interest we lent permanancy to the temporary character of the Article making our position not only ridiculous before the world but also provided a golden opportunity and solid base for separatist-oriented terrorism to grow in Kashmir. The most shameful part is that we are not ready even now to throw off the soiled blindfold. Instead we are keen to keep this blindfold as a permanent feature.

Our Government has deliberately concealed the dangers of Article 370 because it will expose the hollowness of its secularism. The exposure of its dangerous consequences will cut asunder the web of pro-Muslim policies.

It is because of this Article that the Government of India cannot enforce any law connected with Jammu and Kashmir without the approval or concurrence of the State Government. Only defence, external affairs and communications fall in the central list. Against this the Parliament has the powers to frame laws for rest of the states in the country. But Article 370 of the Constitution restricts the hands of the Union Government and the Parliament in doing this in case of Jammu and Kashmir. Its dangerous consequences have been witnessed in recent years when the law prohibiting misuse of religious places could not be extended to Jammu and Kashmir with the result the state does not come within the ambit of secularism. And even after the independence the ignoble thing happened in Kashmir where hundreds of temples were destroyed and where people belonging to a particular community were victimised and subjected to cruelties. On the question of Ayodhya nnd the consequent Babri Masjid episode the Union Home Ministry had been issuing threats to the Uttar Pradesh Government and ultimately the Government was dismissed under Article 356 of the constitution but this article cannot be implemented directly in Jammu and Kashmir.

The President of India cannot dare to issue any order under Article 356 to Jammu and Kashmir. The President has no right to suspend his Constitution in the State. The National emergency under Article 352 of the Constitution can be extended to Jammu and Kashmir to a limited extent and the financial emergency under Article 360 cannot be enforced in Jammu and Kashmir.

Under part four of the Constitution of India there is procedure for one constitutional practice, one administrative structure and one economic pattern. But under Article 370 Jammu and Kashmir has its right under its own constition to do whatever it likes. It is because of the separate flag and separate symbol that two flags flutter on the Government buildings in the state. For hoisting freely the National flag, permission has to be sought from the State flag because it is necessary to hoist the national flag with the state flag.

There is only one system of citizenship for the people of the country but in case of Jammu and Kashmir, it is dual citizenship, one of the state and the other of India. The citizens of Jammu and Kashmir are citizens of India but the citizens of the rest of India cannot be citizens of Jammu and Kashmir. He does not have the right to have property and the right to vote in Jammu and Kashmir. If a girl belonging to Jammu and Kashmir marries a boy from outside the state, who is not a state subject, she loses all her rights in the state. Even the wealth tax cannot be imposed in the state. The Urban Land Act, 1976, which is in force in the entire country is not applicable to Jammu and Kashmir. The result of it is that rich landlords, belonging to the majority community in the Valley, indulge in economic exploitation of the poor and the Indian citizens, who are non-state subjects and living in the valley, cannot even secure loans from the financial institutions.

It is because of Article 370 that political groupism receives encouragement and no local nationalist Government can remain durable if it is not the product of anti-national elements. The state Government did not accept the Anti-defection law adopted in the country and instead made several amendments. Here the decision on defection is not taken by the speaker of the Assembly but by the leader of the connected political party. This gives constitutional legitimacy to the unbridled authority of the leader of the party. Since the Governor usually is not a citizen of the state, he has no right to vote, the separatist elements treat him an outsider and equate themselves with slaves. During the 80’s the Wazir Commission had recommended measures forpolitical reforms in Kashmir but due to Article 370 these recommendations have not been implemented.

Burning of the national flag is not a cognizable offence in Kashmir because there cannot be proper arrangement for the basic duties enshrined in the Constitution under which the tricolour, the national anthem and the national symbol have to be shown due respect. Under Article 370 the Indian Parliament cannot increase or reduce the borders of the state. The Union Government implements international agreements and accords under Article 253 of the Constitution but Jammu and Kashmir is beyond its jurisdiction. Muslims from other parts of the country become successful in getting the citizenship of the Jammu and Kashmir but about one lakh Hindus, who had been uprooted in the neighbourhood at the time of the partition, have not been given citizenship so far. Under the umbrella of Article 370 the fundamentalists have received strength in their campaign for Islamisation.

Article 370 revives the two-nation theory and secures security for it in the future. On one side we proclaim in the world that in India their is no discrimination on the basis of religion, community or sect, on the other hand special facilities are being given to Kashmir because there the Muslims are in majority. If these special privileges are being given on the plea that Kashmir is a backward area, is there no other place in india where backwardness and poverty are less important ? In fact several thousand crores of rupees have been spent in Kashmir and the result is apparent. Anti-national elements are active. Instead of bringing the people to the national mainstream, we have, in comparison to other states, given unlimited rights to the people which have made them a pampered lot. People of Kashmir became suspicious about the accession and the anti- national elements got an opportunity for launching an open disinformation campaign against India. Pakistan supported these separatist organisations. The result was that Kashmiri youths picked up arms against India and forced over three lakh Hindu patriots to leave their houses and property in Kashmir and live in the plains a life of penury and misery.

Our Constitution gives equal rights to all citizens but this right is not available in Jammu and Kashmir. It is the tale of local versus non-local who are not state subjects. They do not enjoy any political and economic rights. Their wards cannot get admission in the colleges in Kashmir. Article 370 has violated the principle cf Indian citizenship. The maker of the Constitution of India, Dr. Ambedkar, had cautioned Nehru on the plea that it can create difficulties in full integration of the state with India. This Article would sow the seeds of separatism in the Valley. At least Dr. Ambedkar’s warning can be understood now but the politics of vote appeasement does not allow it.

It is quite evident that Article 370 has not integrated Jammu and Kashmir with India but it has delinked it. There in Kashmir is no place for secularism and nationalism in the mind of the youth. The feelings of regionalism, communalism and separatism have been developed in their mind. Instead of coming closer to the national mainstream, they have distanced themselves from it and have now started raking up the question of independence. On April 7, 1958 the Plebiscite Front, of Sheikh Abdullah adopted a resolution and the wording of the resolution clearly indicates how Kashmiri leaders have been working for making the Muslim society anti-India and pro-Pakistan and for this the leaders took the refuge under Article 370. The resolution had made a mention of this Article and said:

“Jammu and Kashmir state has not yet acceded to any of the two dominions, India and Pakistan. Therefore, it will not be right to call Pakistani invasion on Jammu and Kashmir as an attack on India.”

Under Article 370 Kashmiri Muslim leaders have been opposing any welfare schemes formulated by the Government of India. No scheme relating to family welfare, formulated by the Government of India, is in force in Kashmir. The programme was implemented in the Jammu region becawe of being a Hindu majority area. A former Chief Minister, G.M. Shah, had said that the aim of the Government family planning programme was to convert the Muslim majority into a minority. Such type of false propaganda has given birth to separatism which received shelter under Article 370.

According to a former Governor, Jagmohan, Article 370 should be scrapped because it has become an instrument of injustice and inequalities. It waters the roots of corrupt elements. It nourishes narrow-minded and reactionary forces. It fully accepts the principle of two-nation theory. It fills the mind of the youth with the garbage of false desires. It gitres birth to narrow lines and narrow faith. This encourages and nourishes regional tensions.

Historical facts reveal that prior to this Article, both Hindus and Muslims were part of the national mainstream. There was no animosity or hatred. During the 1947 Pakistani aggression on Kashmir, Kashmiri Muslims not only welcomed the Indian Army but also assisted them in nabbing the infiltrators. Then why the same Muslim society is launching an attack on the Indian Army at present? This is the result of the poison of Article 370. On seeing the Poisonous impact of this Article on the Kashmiri mind that a former External Affairs Minister, M.C. Chagla, had told the United Nations that the Article was a temporary measure. This Article should be abolished. The two former Chief Ministers of Jammu and Kashmir, Bakshi Ghulam Mohammad and G.M. Sadiq, too wanted this Article to be repealed. The Government of India too had assured people that when the time comes, the Article would be scrapped. But our political interests and the mean and directionless politics of vote bank based on appeasement have not allowed this to materialise. By duping people in the name of secularism, removal of poverty and promotion of equality our leaders have abolished the Privy purses but it is difficult for them to abolish Article 370 for the sake of the integrity of the country. Who will make these leaders understand that after having tasted the bitter fruit of Article 370 let them watch the other side of the coin by abrogating the Article. The armed struggle for liberation is not something separate from the demand for plebiscite and self-determination.

This Article, meant to be a temporary clause in the Constitution, has become a special barrier which is promoting and encouraging Muslim state in the Kashmir valley. This anti- national Article has strengthened its roots because of our weak policies, wavering decisions and growing Islamic fundamentalism and this Article cannot be abrogated so long Governments, favouring the policy of appeasement, remain in power in the centre. This Article opens the door for subversion in the country. The basic idea behind the Anandpur Sahib resolution of the Akalis is the same Article 370. This Article is not a constitutional necessity. The special status given to Jammu and Kashmir is an insult to the people of all other states in the country. There are innumerable facilities, under this special status, for the people who have begun their revolt against India and who are conspiring for Islamisation of entire India, against helplessness and suffocation for people who are nationalists and are one with the ups and downs of India. Article 370 is like a piece of bone stuck in the gullet: if it is swallowed, it may lead to death and if not, still death is there. But when the bone has become dangerous for the existence of the body. it is better to throw it out. There is now need for the abrogation of Article 370 in the interests of security and integrity of the country. It is the need of hour to fully integrate the state with India by abolishing the special status and by abrogating its own consitution.

A political section is of the opinion that this Article cannot be abrogated. But according to Dr. Babu Ram Chauhan, an expert on international law and the Constitution of India, this Article can be scrapped even without the concurrence and approval of the state Assembly The President of India and the Indian Parliament can repeal it. It is clear from Articles 3 and 5 of the State Constitution that Jammu and Kashmir state will remain an “inseparable” part of India. The Constitution of Jammu and Kashmir has been framed under the Constitution of India. Why cannot the Government abrogate the Article in the interest of the nation when the same Government has allowed the State to frame its constitution ?

The utility of Article 370 has been finished now. Its utility has ceased with the people in Kashmir having launched an open revolt and with their guerrilla war against the Indian Army. It is nothing but ridiculous to tell a man, who has come to kill you, to slap you and forge an agreement. What is the meaning af the bait af Article 370 for those who are fully equipped with arms to secure independence for Kashmir? Will a glutton feel satisfied with a crumb ? Now only one way is left: launch a full military campaign against the anti-national elements for finishing them and start, on a war footing, measures for bringing the remaining Kashmiri society to the national mainstream. For this there is need for a search of nationalist leadership among the Kashmiri youth, particularly the Muslim youths. This plan can fructify only after giving up the politics of narrow-mindedness. This is certain that it can pave the way for the national plan of abrogating Article 370.

Continuing from Fight For Jammu & Kashmir: Indian side of state

The ruler of Jammu and Kashmir, Maharaja Hari Singh, signed the accession papers and sent them to the Government of India on October 26, 1947; “Now, therefore,’ I, Shriman Rajrajeshwar Maharajadhiraj Shri Hari Singh Ji, Jammu Kashmir Naresh Tatha Tibbet adi Deshadhipathi Ruler of Jammu and Kashmir state, in the exercise of my sovereignty in and over my said state do hereby execute this my instrument of Accession”. This way the Maharaja submitted his accession papers which were accepted by the then Governor General, Mountbatten, on October 27, 1947.

Maharaja Hari Singh

Maharaja Hari Singh

After this accession, even India had no right to talk with short-sightedness. Such a purposeless talk had not only insulted the accession proposal of Maharaja Hari Singh but also violated the Independence Act. Under this Act the rulers of the State had been given the right for accession. Nothing had been said about the right of self-determination for the people of the State. In fact Mountbatten was desirous of keeping the fate of Kashmir hanging and he performed this act through Pt. Nehru and R.C. Kak. The Constitution of India was adopted on January 26, 1950 and there was no provision kept for self-determination in the Constitution. Therefore, the Government of India too had no right to talk about this plan. When the Constitution of India has not given the right to Government of India to review the questions of self-determination and accession, it is unconstitutional and illegal for any international organisation to talk anything in the context of India.

The entire dispute should have ended with the ratification of the accession by the Constituent Assembly on November 17, 1956. Both Pakistan and the Security Council have lost any right to talk anything about Kashmir or do anything about it.The people to whom was connected the question of self-determination were the same people who had elected the Constituent Assembly which had accepted the accession. This Assembly adopted the Constitution of the State. The clause three of this Constitution makes it clear “Jammu and Kashmir is and will remain inseparable part of India.”

The clause four of the Constitution is: The entire area, which was under the control of the ruler of the State till August 15, 1947, will remain withir. the territory of the State.

On August 15, 1947 the Pakistan held Kashmir was also under the control of the ruler of the State. Therefore, it is evident that the entire Jammu and Kashmir State is an inseparable part of India. The Maharaja had acceeded this undivided state to India. As such occupation of even an inch of the territory of Kashmir by Pakistan will be treated as aggression on India. This clause of the Constitution is further strengthened and shielded by clause 147. According to this clause, clause four cannot be nullified. And the Security Council too loses its right to give guidance and direction to India on matters connected with Kashmir. The Security Council can only advise Pakistan to vacate the Indian territory. And if Pakistan does not accept the suggestion ofthe Security Council, it can adopt a resolution against it and ask other countries to snap ties with Pakistan. But the Security Council has become a wrestling arena for political groups and as such it will not be wisdom to have any expectations from this powerless and lifeless international body.

Hide and seek of the Security Council

When India wrote to the Security Council about Pakistani aggression, it could do nothing except behaving like a spectator. It kept on adopting one resolution after the other but it could not prevail upon Pakistan to vacate the Indian state after declaring it an aggressor. Had not India unilaterally ordered cease-fire, it would have not only regained its two-third area of Kashmir but the Indian troops could have entered into the Pakistani territory ? At that time the Indian Prime Minister was neither any strong-willed Sarvarkar, nor any Subash or Dr. Hedgewar. Had Sardar Patel been appointed as the Prime Minister he would have finished the artificial line of partition by directing the Indian Army to march forward. The British had left India and the entire Army was under our control and this way the Congress would have washed away the blot of partition on its forehead. But the Oxford graduate, Nehru, lacked diplomacy and political wisdom.

The settlement of Kashmir became an object for the Security Council for playing hide and seek. On July 4, 1948 the Security Council sent a commission to have an on the spot assessment of the situation. On reaching Karachi, the Commission was told by one Pakistani officer, Sir Zaffarullah Khan, that three brigades of Pakistani Army had been deployed on the Kashmir border. But he called it part of self-defence plan thereby trying to prove that India was an aggressor.

After two years, in September 15,1950, a similar Commission, headed by an expert on international law, Owen Dixon, came to the following conclusion as a representative of the United Nations.

“When the rebel elements entered into the borders of Jammu and Kashmir, it was violation of the international law. When in May 1947 Pakistani Army entered into this state, it too was a violation of the international law”.

This Dixon had charged Pakistan with the open violation of the international law. In reality the Security Council too has accepted Kashmir’s accession to India. One American representative of the Security Council had given a statement on February 4, 1948.He had said: “The external ruler of Kashmir is not now under the control of the Maharaja. With the accession of Jammu and Kashmir with India this right has been vested in the hands of India and on the basis of that right India has placed this question here”.

The Security Council deployed UN observers on both sides of the cease-fire line. After that it adopted a resolution calling upon Pakistan to withdraw its troops, citizens and tribals from Kashmir. This way the United Nations accepted the defence aspect of India. But Pakistan, till date, has been violating this direction and resolution. Even after this, Pakistan has turned down the parleys between India and Pakistan. In August 1953 talks between the Prime Ministers of India and Pakistan took place where it was agreed to withdraw their troops from Kashmir. But again Pakistan adopted obstinate attitude.

The United Nations has always failed to control such attitude of Pakistan. Pakistan declared open war on India twice and the United Nations succeeded in halting the war but it remained incapable of resolving this dispute. The Security Council did not concentrate on the basic complaint of India which it had submitted to the Council in January, 1948.

 

NEXT Fight For Jammu & Kashmir: Absurdity of Article 370 

Continuing from: Fight For Jammu & Kashmir: Pakistan’s Gains 

Even though the gains of aggression to Pakistan were valuable and important, the territory still left with India was of much greater extent, value and importance. It included Kashmir Valley and parts of Uri and Titwal sub- divisions of Muzzafarabad district in Kashmir province, four eastern districts comprising the Duggar region of Jammu province together with the town of Poonch and some neighboring territory along the Cease Fire Line which belonged to the Punjabi speaking Western Zone, most of which had been occupied by Pakistan, and the whole of Laddakh and Kargil area lying between Laddakh and Baltistan proper across the Zojila Pass.

The total area of this territory was about 50,000 sq. miles including about 33000 sq. miles of Laddakh, about 12000 sq. miles of Jammu, about 3000 sq. miles of Kashmir Valley and about 2000 sq. miles of Uri and Tithwal area.

From the population point of view the Kashmir Valley with its 30 lakh population of which about 27 lakhs are Muslims is the most populous. Next comes Jammu with a population of about 30 lakhs of which about 20 lakhs are Hindus. The Muslim population of Jammu region is mainly concentrated on the West along the Cease Fire Line. Laddakh with a population of about two lakhs of which Buddhists form a large majority is the most sparsely populated.

Jammu and Laddakh being directly contiguous to each other as also to East Punjab and Himachal Pradesh form a compact bloc of about 45,000 sq. miles with a predominantly Hindu or Buddhist population. Kashmir valley and the adjoining areas of Uri and Tithwal form the only compact Muslim majority area on the Indian side of the Cease Fire Line.

Strategically, though not comparable to Gilgit because of its being the meeting ground of international frontiers of Afghanistan, USSR, Communist China and India, the territory held by India is yet of immense importance to her. Being the only link between India and the rest of the State including Kashmir Valley, the Jammu region has the greatest strategic importance for India. Its warlike Dogra population and hilly terrain make it an ideal frontier area separating Indian Punjab from North Western parts of Pakistan and Pakistan held territories of the State.

Continue reading

Next morning, I woke up to the sound of a car’s engine at around 7. Jamaica’s foreigner guests were leaving and he was going to see them off till Batal. By that time, I had made up my mind to go back to Delhi. I had forgotten to mention it before that some areas near Kaza had experienced heavy rainfall and landslides. Due to this, there were blockages on a few places along the route from Kunzum La to Kaza and beyond. After I had abandoned all hopes of visiting Samudri Taapoo, I wanted to visit Kibber for 2-3 days. But as it happened, the number of incoming vehicles slowed to a trickle and I was unable to get a taxi or lift to Kunzum La or Batal from where I could get somewhere else.
New camp mate
It didn’t matter much as I was enjoying my stay at Chandrataal a lot. The relative solitude was also a welcome incentive for my inertia. By that time, I had completely lost the concept of keeping date and time. It was a nice feeling, not to care about clock and calendar. Just roam around, eat, rest and walk around till it got too dark and sometimes even past that. After wandering around whole day, I was always tired to my bones, but loved every single moment.
When I got out of tent, I found out that Si too had packed up all of his belongings and was getting ready to leave. He had been staying for more than 3 weeks for his work and was going somewhere else. Lucky chap. It also meant that unless some other tourists arrived, I was the only one staying there. At least 2 out of 3 other camps down the road were also completely empty except for staff. As the day was probably my last of the stay, I wanted to take one last look at the lake. I put a little dry fruits in my pocket, picked up my camera and left for the lake.
Chandrataal Lake
The wind I had talked about earlier had not started yet and the lake was completely tranquil. I sat down on a rock and took in the views for a while. I could hear the ducks quacking in some distance as well as some other birds including Himalayan Snowcock. But they are extremely shy and stay in higher reaches away from people. Gaddi dogs are a big danger to them. Si had seen a family of 2 adults and two young ones the previous day, but I was not so lucky. Hoping to catch a glimpse, I started walking around the lake, but I guess they moved away pretty fast and I could hear their calls no longer. But I did meet the duck family again.
As I reached other end of the lake, I changed my mind about walking around the lake and decided to walk to the stream I had seen 2 days ago. Last time, it was too dark to see  anything in detail. This time, white clouds covered the adjoining mountain peaks. But the landscape was clear. I tried looking for the burrow, I had seen 3 days back, but couldn’t find it. Came up to the small but noisy stream while searching for the burrow and crossed it. The area was nothing but a path of dried out streams and and avalanches. The path was very rocky and difficult to walk for most part. Toughest thing was to walk down heap of stones 4-6 meters high and then climb another pile again.
The other glacier in distance
Chandra river flowed to my left down the mountain and I kept following it to it’s source from above. After some time, I saw a Gaddi camp in distance and noticed someone walking towards me. I was surprised to see a Bihari in his teens. Is there any place in India where you can’t find one working ? :)) No disrespect, just surprised to see a Bihari working for a Gaddi shepherd in Spiti. I asked him if there was any drinkable water source nearby. There was one very small stream, most of which was hidden under the rocks and he pointed it out. I thanked him and moved on. He asked me, ” आप यंहा क्या करने आयें हैं ? घूमने  ? (What are you here for ? Sight seeing ? )” I nodded yes and I think he must have shaken his head a little on the crazy tourist in middle of nowhere. Apparently, tourists are very rare on this trail.
I found the stream, drank some cold water and rested. When I had set out from the camp, I didn’t intend to come this far. I just wanted to see the lake once more, walk back and pack up my stuff and wait for a taxi. Somehow, that didn’t happen and I was 2-3 km away from lake following a trail which was barely there. With no food, water or sun glasses. Just a hat to protect from sun and a camera. In some of my walks, I used sandals instead of shoes and the exposed skin on my feet was severely sun burned. That’s when I realised that the itchy feeling on my nose, whenever I put my eye on camera’s viewfinder was a fairly deep sun burn. The expensive sun screen that I was using worked only if applied 3-4 times a day. I guess, one has to stay indoors for optimal results too. By this time, most of the clouds had dissipated and sun was shining in it’s full glory. As I was already looking like a badly maintained brown leather bag, I just shrugged it off. What more could another day in sun could do !
I kept on walking and reached bottom of the hill where I had seen the Gaddi camp. A shepherd was getting his flock out to graze. I considered walking up to him but my path bypassed his camp and it was a rather steep climb. Having to deal with 3-4 menacing dogs wasn’t an appealing idea either.
At some distane, I came across a empty stone hut which looked like it hadn’t been occupied for years. By this time, I was thirsty, hungry and fairly tired. But the sight of glacier kept me going. It was one of the sources of Chandra river, 2nd one being Samudri Taapoo. The former would have taken at least 4-5 hours of walking, but most of it was on easier terrain and no river to cross. As I got closer to the glacier, amount and flow of water in the river kept decreasing. It even looked possible to pass it on foot in some places. But I didn’t go that far. After a while I got really thirsty and there was no water source nearby. It was hot and I could see mirages shimmering over hot rocks. As I had no intention to walk up to the glacier in first place, I sat down on a ledge and rested.  As far as I could see, there was no trace of any human being. Even Gaddis rarely came that far and there were no stone huts beyond that point. One interesting feature I saw were *some long rocks, 3-6 meters high, standing up on slope near the river. I don’t know how to properly explain this, just take a look at the picture.
Some crazy erosion
After resting for some time, I started walking back towards my camp. The shepherd I had seen earlier in his camp was now on a nearby mountain with his flock. It was probably his last day in that area too as they were packing up to leave. I came up to the lake after what seemed like hours to find Pradhan’s sheep blocking the trail but he was not in sight. They scattered as soon as I reached within touching distance. The campsite was empty when I reached there and I had 1 chocolate and some dry fruit for lunch . It was nearly 3 pm and I had been walking for almost 8 hours. Sunny was probably sleeping or somewhere else and I had given away all of my MRE packs the previous night No vehicle except for a single Sumo from Manali side had came that morning. Si had probably hitched a lift in that. Even if some vehicle/taxi came up at that point, it was a fools errand to packup everything and hitch a ride. So, I crawled in to my tent and slept on the mat. It was too hot to use sleeping bag.
More in next post
Friendly little birdie