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

Gujarat Information Commission issues warning against misinterpretation of RTI orders

By A Representative   The Gujarat Information Commission (GIC) has issued a press note clarifying that its orders limiting the number of Right to Information (RTI) applications for certain individuals apply only to those specific applicants. The GIC has warned that it will take disciplinary action against any public officials who misinterpret these orders to deny information to other citizens. The press note, signed by GIC Secretary Jaideep Dwivedi, states that the Right to Information Act, 2005, is a powerful tool for promoting transparency and accountability in public administration. However, the commission has observed that some applicants are misusing the act by filing an excessive number of applications, which disproportionately consumes the time and resources of Public Information Officers (PIOs), First Appellate Authorities (FAAs), and the commission itself. This misuse can cause delays for genuine applicants seeking justice. In response to this issue, and in acc...

A comrade in culture and controversy: Yao Wenyuan’s revolutionary legacy

By Harsh Thakor*  This year marks two important anniversaries in Chinese revolutionary history—the 20th death anniversary of Yao Wenyuan, and the 50th anniversary of his seminal essay "On the Social Basis of the Lin Biao Anti-Party Clique". These milestones invite reflection on the man whose pen ignited the first sparks of the Great Proletarian Cultural Revolution and whose sharp ideological interventions left an indelible imprint on the political and cultural landscape of socialist China.

'MGNREGA crisis deepening': NSM demands fair wages and end to digital exclusions

By A Representative   The NREGA Sangharsh Morcha (NSM), a coalition of independent unions of MGNREGA workers, has warned that the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) is facing a “severe crisis” due to persistent neglect and restrictive measures imposed by the Union Government.

Uttarakhand tunnel disaster: 'Question mark' on rescue plan, appraisal, construction

By Bhim Singh Rawat*  As many as 40 workers were trapped inside Barkot-Silkyara tunnel in Uttarkashi after a portion of the 4.5 km long, supposedly completed portion of the tunnel, collapsed early morning on Sunday, Nov 12, 2023. The incident has once again raised several questions over negligence in planning, appraisal and construction, absence of emergency rescue plan, violations of labour laws and environmental norms resulting in this avoidable accident.

Job opportunities decreasing, wages remain low: Delhi construction workers' plight

By Bharat Dogra*   It was about 32 years back that a hut colony in posh Prashant Vihar area of Delhi was demolished. It was after a great struggle that the people evicted from here could get alternative plots that were not too far away from their earlier colony. Nirmana, an organization of construction workers, played an important role in helping the evicted people to get this alternative land. At that time it was a big relief to get this alternative land, even though the plots given to them were very small ones of 10X8 feet size. The people worked hard to construct new houses, often constructing two floors so that the family could be accommodated in the small plots. However a recent visit revealed that people are rather disheartened now by a number of adverse factors. They have not been given the proper allotment papers yet. There is still no sewer system here. They have to use public toilets constructed some distance away which can sometimes be quite messy. There is still no...

Rally in Patna: Non-farmer bodies to highlight plight of agriculture in Eastern India ahead of march to Parliament

P Sainath By  A  Representative Ahead of the march to Parliament on November 29-30, 2018, organized by over 210 farmer and agricultural worker organisations of the country demanding a 21-day special session of Parliament to deliberate on remedial measures for safeguarding the interest of farm, farmers and agricultural workers, a mass rally been organized for November 23, Gandhi Sangrahalaya (Gandhi Museum), Gandhi Maidan, Patna. Say the organizers, the Eastern region merits special attention, because, while crisis of farmers and agricultural workers in Western, Southern and Northern India has received some attention in the media and central legislature, the plight of those in the Eastern region of the country (Bihar, Jharkhand, West Bengal, Orissa, Chhattisgarh and Eastern UP) has remained on the margins. To be addressed by P Sainath, founder of People’s Archive of Rural India (PARI), a statement issued ahead of the rally says, the Eastern India was the most prosperous regi...

India's health workers have no legal right for their protection, regrets NGO network

Counterview Desk In a letter to Union labour and employment minister Santosh Gangwar, the civil rights group Occupational and Environmental Health Network of India (OEHNI), writing against the backdrop of strike by Bhabha hospital heath care workers, has insisted that they should be given “clear legal right for their protection”.

As 2024 draws nearer, threatening signs appear of more destructive wars

By Bharat Dogra  The four years from 2020 to 2023 have been very difficult and high risk years for humanity. In the first two years there was a pandemic and such severe disruption of social and economic life that countless people have not yet recovered from its many-sided adverse impacts. In the next two years there were outbreaks of two very high-risk wars which have worldwide implications including escalation into much wider conflicts. In addition there were highly threatening signs of increasing possibility of other very destructive wars. As the year 2023 appears to be headed for ending on a very grim note, there are apprehensions about what the next year 2024 may bring, and there are several kinds of fears. However to come back to the year 2020 first, the pandemic harmed and threatened a very large number of people. No less harmful was the fear epidemic, the epidemic of increasing mental stress and the cruel disruption of the life and livelihoods particularly among the weaker s...

Targeted eviction of Bengali-speaking Muslims across Assam districts alleged

By A Representative   A delegation led by prominent academic and civil rights leader Sandeep Pandey  visited three districts in Assam—Goalpara, Dhubri, and Lakhimpur—between 2 and 4 September 2025 to meet families affected by recent demolitions and evictions. The delegation reported widespread displacement of Bengali-speaking Muslim communities, many of whom possess valid citizenship documents including Aadhaar, voter ID, ration cards, PAN cards, and NRC certification.