There is a common tendency among the Kashmiri scholars to define Kashmir from the geographical and lingual perspective only and ignore the legal and political basis of its delimitation. The Treaty of Amritsar is the legal basis of the formation of Jammu and Kashmir State on 9th March 1848. More than a century later on 1st January 1949, the Cease Fire Line (CFL) was implemented by the United Nations Commission for India and Pakistan (UNCIP) to have a de facto bifurcation of the territory of Jammu and Kashmir State, between India and Pakistan. After the Sino-India War in 1962, the Line of Actual Control (LAC) effected as a border between India and China in Jammu and Kashmir State. Though the CFL was given the official recognition as Line of Control (LOC) under Shimla Agreement between India and Pakistan in 1972, yet it does not enjoy the status of an international border between India and Pakistan. Similarly, the LAC does not enjoy the status of an international border between India and China. There has been no UN-mandated plebiscite in Jammu and Kashmir to determine the will of the people regarding the state’s accession with India or Pakistan. Thus it would be inappropriate to ignore the legal and political basis of Jammu and Kashmir as a single entity. In fact, the people of erstwhile princely state of Jammu and Kashmir can get united under a single banner to demand the review of UN resolutions on Jammu and Kashmir to incorporate the independent Jammu and Kashmir as the first option for the people of the state.
There is no denial of the fact that the erstwhile princely state of Jammu and Kashmir has very huge geographical, climatic, ethnic, lingual and cultural diversity. In order to address the issue of internal heterogeneity within Jammu and Kashmir, it is very essential to convert the erstwhile unitary Dogra kingdom in to a federal state. The Kashmiristan, Baltistan, Dardistan, Parmistan, Jumistan, and Ladakhistan can be formed as the constituent provinces of the Federal Republic of Jammu and Kashmir. If the inter-relationship and interdependence of the constituent regions of Jammu and Kashmir State is thoroughly analyzed, one can find definite reasons behind unity and territorial integrity of the state. The Kashmir Valley is the demographic and historical and lingual epicenter of Kashmiri nationalism. The Muslims living in Chenab Valley, Kshanganga Valley Suru-Shingo Valley have strong religious ties with the people of Kashmir. The people of Jammu region have ethnic and lingual ties with the Muslims of Chenab Valley. Similarly there are ethno-lingual ties between people of Ladakh and the people of Suru-Shingo Valley. The people of Kishenganga Valley have close ethno-lingual ties with the people of Gilgit region like the people of Suru-Shingo Valley are closely related to the people of Baltistan. The people of Azad Kashmir have close ethno-lingual and religious ties with the people of Chenab Valley and Pahari/Gujjari speaking people of Kashmir Valley. Kargil and Ladakh are connected to the rest of the Indian subcontinent through Kashmir, Chenab Valley and Jammu region. Similarly, Gilgit-Baltistan is accessible to Punjab mainly through Azad Kashmir. Kashmir Valley has its natural connectivity with Punjab through Muzaffarabad route only. Given this inter-relationship and inter-dependence among the constituent regions of Jammu and Kashmir State, it would make much sense to consider the former princely state as one political entity.
The parties to the Kashmir dispute which include India, Pakistan and most importantly the people of erstwhile princely state of Jammu and Kashmir are unanimous have a unanimous view that the entire territory of the state spread over an area of 2,22 lakh square kilometers presently under the control of India, Pakistan and China is one political entity. India considers the entire state of Jammu and Kashmir as an integral part of its territory, whereas Pakistan considers it as a disputed territory. The Kashmiri nationalists consider both India and Pakistan as the forceful occupants of the territory of Jammu and Kashmir State. The empirical reality of Jammu and Kashmir is its trifurcation among India, Pakistan and China. The official positions of the three countries on Jammu and Kashmir State are based purely on their expansionist designs in the state. Contrary to it the political stand of the people of Jammu and Kashmir State is based on legality and political morality. Since, the world community is involved in power politics and the powerful nations make the economic cost-benefit analysis of their foreign policy in the Western High Asia, so the right of self-determination of the people of Jammu and Kashmir has been compromised by every geopolitical player in the region.
The vested interests in Jammu and Kashmir State discourage the people by arguing that the internal heterogeneity of the state does not make it a fit case for a nation-state. Yes, the political and social boundaries of Jammu and Kashmir are not coterminous, but one can argue, how many nation-states have complete internal homogeneity in the contemporary world. If the internally heterogeneous countries like United States, Canada and India, can survive as federations why the constituent nations of Jammu and Kashmir can’t survive as a federation? The skeptics hold the view that the erstwhile princely state of Jammu and Kashmir is mountainous and landlocked, so independence is not a viable option for it. One can quite logically argue that will Jammu and Kashmir be the only mountainous and landlocked country in the world? What about the landlocked and mountainous countries like Nepal, Afghanistan, Tajikistan and Kyrgyzstan? If these sovereign political entities are surviving against all odd circumstances, why can’t Jammu and Kashmir survive as an independent country?
The Jammu and Kashmir State has certain advantages which make it a fit case for independence. The state is located along the historical Silk Road, connecting Central Asia, South Asia, West Asia and East Asia, thus offering opportunities for the development of trade and commerce in the state. The state has geographical and cultural ties with the Muslim Realm in the north and west, Buddhist Realm in the east and Hindu Realm in the south which offers moral, social and financial opportunities for the growth and development of the constituent provinces of an independent Jammu and Kashmir. The huge water resource, forest resource, horticultural resource, scenic resource, livestock resource, agricultural resource, industrial resource and human resource of Jammu and Kashmir can be developed to have socio-economic transformation in the state. It is better to have an experiment with an independent Jammu and Kashmir rather than to be skeptical about the very idea of a free nation. The moral strength, strong will power and full determination of its people make a nation strong and prosperous. The lazy, coward, less industrious and luxurious people become the cause of downfall of even great nations. So both success and failure are the products of psychological strength and weakness of the citizens of nations respectively. So boosting up the morale of the citizenry is the essential key to our success as an honorable nation.
