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Proposed Solution of Kashmir Dispute 

By Mamnoon Ahmad Khan

SLOW BUT STEADY PROCESS

 After a thorough research work and examining minutely all the possible options for the resolution of Kashmir enigma, I have evolved a peace process which will definitely lead to the resolution of the Kashmir Dispute.

For the settlement of Kashmir issue according to the wishes of the Kashmiri people, the only feasible, viable, practicable, equitable and honourable way, is to adopt a “Slow but Steady Process”. This “Slow but Steady Process” is based on three factors.

1)  PEOPLES’ FACTOR

 The peoples’ factor of the ‘Kashmir Problem’, requires free passage and interaction of the people, living on both sides of LoC, meeting each other and exchanging views on different issues, as members of ‘one geo-political family’, i.e., the Jammu and Kashmir State. For this purpose, easy travel permits should be issued to the Kashmiris, of course, consistent with the ‘security interests’ of both India and Pakistan. Duration of this experiment should be five years, to start with. The task of issuing permits for traveling, to and from the temporary LoC, can safely be entrusted to the local authorities, like the Deputy Commissioner, or the Senior Superintendent of Police, of the concerned district of the applicant, or any special officer, appointed by the State Governments of the respective side of the LoC, with the prior approval of the Government of India-in case of Indian Occupied Kashmir, (IOK) and the Pakistan Government-in case of Pakistan Occupied Kashmir (POK). There shall be no constitutional or any Legal Gambling Age difficulty in this matter because according to Indian and Pakistani own law, the question of issuing visa to their citizens, for entering into another part of its territory, can not arise at all.

According to the Pakistani constitution, the Azad Kashmir is not a part of Pakistan, and is held and controlled by the Pakistan Government until and unless to a peaceful settlement of Kashmir Dispute, Similarly under the authority of article 370, of the Indian Constitution, 25 provincial assembly seats have been reserved for the people of Azad Kashmir, in the Jammu and Kashmir State Constitution. In the same way Jammu and Kashmir is not a part of India. India is ruling on Jammu and Kashmir by force and against the wishes of the Jammu and Kashmir people. It may be mentioned that, all Indo-Pak agreements, UN resolutions, and directions have been ratified by the parliaments of both India and Pakistan, at relevant times, which have consequently acquired the sanction and force of law. The rehabilitation of more than a million refugees of Jammu and Kashmir State, in their original homes, in Indian held Kashmir and Jammu, during this period, under the auspices of the United Nations High Commissioner, for rehabilitation of the Refugees, should be ensured. According to the International law India and Pakistan can not refuse or avoid to rehabilitate the hereditary citizens of Jammu and Kashmir State, in their original residential places, who were either forcibly driven away from their original State or were left with no alternative but to migrate to India or Pakistan, to save their lives, and had to temporarily settle there, with ‘refugee status’. Even the Indian law cannot allow the Government of India to refuse rehabilitation of the Jammu and Kashmir refugees, who are at present living in various places of Pakistan. These refugees of Jammu and Kashmir are more than a million in number. They are waiting to return to their native-state. The Indian law is clear in this regard. That is why, even a person of Indian origin, who has acquired a foreign citizenship, can easily and conveniently resettle in his/her mother-land, and freely enjoy dual citizenship, i.e., citizenship of his/her mother-land, as well as, of a foreign country, where he/she has settled, and has acquired citizenship, either by domicile, or by process of naturalization, or by marriage with a woman/man of that foreign country.

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