Skip to main content

Kashmir: Pak move to annex Gilgat-Baltistan 'justifies' Modi action on Articles 370, 35A

By Dr Ghulam Nabi Fai*

Mohammad Zafrullah Khan, Pakistani foreign minister and delegate to the United Nations, had made it clear on January 16, 1948 during the 228th meeting of the Security Council that Gilgat-Baltistan is the part of the State of Jammu & Kashmir. Here is the part of his eloquent speech:
“The population of Kashmir is distributed communally as follows: In Kashmir proper, apart from Jammu, 93.5 percent are Muslims. Sixty-two percent of the population of Jammu are Muslims. Gilgat, which is the high mountain region is entirely Muslim. The total area of the state, which is largely composed of high mountains and barren hills, is 82,000 square miles.”
Now, if  Pakistan plans to elevate Gilgat-Baltistan (GB) to a full-fledged province with all constitutional rights, it will disturb the disputed nature of the state of the Jammu & Kashmir. It will be akin to the unilateral action taken by Narendra Modi on August 5, 2019, when Articles 370 and 35A were abrogated. Both these actions will be in violation of the United Nations Security Council resolutions # 91 of 1951 and 122 and 126 of 1957.
These resolutions categorically state: 
“Affirming that the convening of a Constituent Assembly as recommended by the General Council of the ‘All Jammu and Kashmir National Conference’ and any action that Assembly might attempt to take to determine the future shape and affiliation of the entire State or any part thereof would not constitute a disposition of the State in accordance with the above principle.”
So as bottom lines go, say what you want about Gilgat Baltistan. Do as you wish. It will not affect the status of what constitutes the whole of Jammu and Kashmir or its parts as a disputed territory.
The plan was announced by Ali Amin Gandapur, Minister of Kashmir Affairs and Gilgat-Baltistan on September 17, 2020. He further said that people of GB would be given representation in the Senate and the national Assembly of Pakistan.
Obviously, if Pakistan makes Gilgat Baltistan the province of Pakistan, then India has all the right, perhaps not legal but as a matter of principle, to justify her stand that Indian part of Jammu & Kashmir is an integral part of India. And on what justification will Pakistan protest? As the saying goes, what is good for the goose may also be good for the gander.
Pakistan has continually made Kashmir an international issue and brought it frequently to the attention of the UN for human rights abuses. On September 14, 2020, Ambassador Munir Akram said: 
"He (Imran Khan) is expected once again to project the just cause of the Kashmiri people and call for action by the international community to halt India’s massive violations of human rights, rescind the unilateral measures imposed in Indian Illegally Occupied Jammu & Kashmir since August 5, 2019 and promote a solution in accordance with the Security Council resolutions and the will of the Kashmiri people."
If Ambassador Munir Akram made India to adopt a defensive posture in respect to its action taken in August 2019, Gandapur provides India a cover to shield her illegal and unconstitutional action taken in Indian occupied Kashmir.
It is obvious, however, that making GB a fifth province of Pakistan isn’t going to fly with anyone. The resistance leadership in Kashmir certainly aren’t going to. Syed Ali Geelani, Mirwaiz Umar Farooq and Mohammad Yasin Malik said in March 2016 when such proposal was being floated by Riaz Hussain Pirzada, Pakistan’s minister for inter-provincial coordination: “Any proposal to declare Gilgat-Baltistan as the fifth province of Pakistan is unacceptable as it is tantamount to changing the disputed nature of Kashmir.” 
Declaring Gilgat-Baltistan as 5th province of Pakistan is unacceptable. It is tantamount to changing disputed nature of Kashmir
Nawaz Sharif, then the Prime Minister of Pakistan, wrote to Mohammad Yasin Malik, Chairman Jammu Kashmir Liberation Front on March 18, 2016: 
“I would like to make it unambiguously clear that Pakistan is fully aware of the sensitivities attached to Gilgat-Baltistan with regard to the Jammu & Kashmir dispute. Media speculations are a result of either misperceptions or misinterpretations… I would like to assure you that Pakistan will never compromise on its principle stance on the Jammu and Kashmir dispute which is based on the UN Security Council resolutions.
“Nor will Pakistan take any measure that may cause harm to the valiant struggle of the people of Indian Occupied Jammu and Kashmir, for their inalienable right to self-determination, promised to them by the UN Security Council resolution.”

Likewise, ZA Bhutto, then the foreign minister of Pakistan, wrote to the President of the Security Council on March 16, 1963:
"It is necessary for me to point out the evident fact that the territory of Jammu & Kashmir is not a part, integral or otherwise, of the territory of the Union. The territory of Jammu & Kashmir belongs to the people of Jammu & Kashmir. It is a territory the future of which must be decided in accordance with the United Nations Commission's resolution of plebiscite under the auspices of the United Nations to determine its accession to India or Pakistan…
“My Government is bound by its duty to declare before the Security Council that, pending determination of the future of Kashmir through the will of the people impartially ascertained, no position taken or adjustments made by either of the parties to the present controversy between India and China or any similar controversy in the future shall be valid or affect the status of the territory of Jammu & Kashmir laid down in the resolutions of the Security Council.”

One of the highly-noted London-based Kashmiri scholars, Professor Zafar Khan says, “If Gilgat Baltistan is absorbed as 5th province into Pakistani Federation, Kashmiris of all hues will consider such an action unfriendly by the Government of Pakistan, similar to the one, taken by the Narendra Modi government on August 5,2019.”
Obviously, making Gilgat-Baltistan a province of Pakistan will have disastrous consequences for the disputed territory of Jammu & Kashmir. Those willing to advance its cause among the international community will have lost a major ally.
The Kashmiri diaspora urges the Government of Pakistan to pay attention to the genuine grievances of the people of Gilgat-Baltistan. The government should undertake mega projects for GB, be it development project, educational, health, roads, etc. There is no doubt that the people of Gilgat-Baltistan need the immediate relief from the Government of Pakistan. It must be attended to immediately and not left to tomorrow.
As Justice Muzaffar Ali, former Judge of the Gilgat-Baltistan Supreme Appellate Court has said, “A prosperous Pakistan requires addressing of the grievances of GBians which are being felt by the educated youth of Gilgat-Baltistan bitterly.”
There can be various possibilities of addressing the issues of Gilgat-Baltistan. One of them is, let the people of Gilgat-Baltistan be given choice to elect the Prime Minister and President. Currently Gilgat-Baltistan has elected a Chief Minister as is the case in Punjab, Baluchistan, Khyber-Pakhtun and Sindh. This gives the appearance as if GB is one of the provinces of Pakistan. This mistake needs to be rectified.
---
*Secretary General of Washington-based World Kashmir Awareness Forum

Comments

TRENDING

When democracy becomes a performance: The Tibetan exile experience

By Tseten Lhundup*  I was born in Bylakuppe, one of the largest Tibetan settlements in southern India. From childhood, I grew up in simple barracks, along muddy roads, and in fields with limited resources. Over the years, I have watched our democratic system slowly erode. Observing the recent budget session of the 17th Tibetan Parliament-in-Exile, these “democratic procedures” appear grand and orderly on the surface, yet in reality they amount to little more than empty formalities. The parliamentarians seem largely disconnected from the everyday struggles faced by ordinary exiled Tibetans like us.

Study links sanctions to 500,000 deaths annually leading to rise in global backlash

By Bharat Dogra  International opinion is increasingly turning against the expanding burden of sanctions imposed on a growing number of countries. These measures are contributing to humanitarian crises, intensifying domestic discord, and heightening international tensions, thereby increasing the risks of conflicts and wars. 

Dhurandhar: The Revenge — Blurring the line between fiction and political narrative

By Mohd. Ziyaullah Khan*  "Dhurandhar: The Revenge" does not wait to be remembered; it arrives almost on the heels of its predecessor, released on March 19, 2026, just months after the first film’s December 2025 debut. The speed of its arrival feels less like creative urgency and more like calculated timing—cinema responding not to storytelling rhythm but to the emotional climate of its audience. Director Aditya Dhar, along with actor Yami Gautam, appears acutely aware of this moment and how to harness it.

BJP accounts for 99% of political donations in Gujarat: Corporate giants dominate

By Jag Jivan   An analysis of the official data on donations received by national parties from Gujarat during the Financial Year 2024-25 reveals a staggering concentration of funding, with the Bharatiya Janata Party (BJP) accounting for nearly the entirety of the contributions. The data, compiled in a document titled "National Parties donations received from Gujarat during FY-2024-25," lists thousands of transactions, painting a detailed picture of the financial backing for political parties from one of India’s most industrially significant states.

Alarming decline in India's repair culture threatens circular economy goals: Study

By Jag Jivan  A comprehensive new study by environmental research and advocacy organisation Toxics Link has painted a worrying picture of India's fading repair culture, warning that the trend towards replacement over repair is accelerating the country's already critical e-waste crisis.

Beyond the island: Top mythologist reorients the geography of the Ramayana

By Jag Jivan   In a compelling new analysis that challenges conventional geographical assumptions about the ancient epic, writer and mythologist Devdutt Pattanaik has traced the roots of the Ramayana to the forests and river systems of Central and Eastern India, rather than the peninsular south or the modern island nation of Sri Lanka.

Captains extraordinaire: Ranking cricket’s most influential skippers

By Harsh Thakor*  Ranking the greatest cricket captains is a subjective exercise, often sparking passionate debate among fans. The following list is not merely a tally of wins and losses; it is an assessment of leadership’s deeper impact. My criteria fuse a captain’s playing record with their tactical skill, placing the highest consideration on their ability to reshape a team’s fortunes and inspire those around them. A captain who inherited a dominant empire is judged differently from one who resurrected a nation’s cricket from the doldrums. With that in mind, here is my perspective on the finest leaders the game has ever seen.

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

‘No merit’ in Chakraborty’s claims: Personal ethics talk sans details raises questions

By Jag Jivan  A recent opinion piece published in The Quint by Subhash Chandra Garg has raised questions over the circumstances surrounding the resignation of Atanu Chakraborty from HDFC Bank , with Garg stating that the exit “raises doubts about his own ‘ethics’.” Garg, currently Chief Policy Advisor at Subhanjali and former Secretary of the Department of Economic Affairs, Government of India, writes that the Reserve Bank of India ( RBI ) appears to find no substance in Chakraborty’s claims, noting, “It is clear the RBI sees no merit in Atanu Chakraborty’s wild and vague assertions.”