APPENDIX-I

Contested History of Kashmir

The partition of British India involved the creation of the new state of Pakistan out of the Muslim-majority provinces, and the. division of the provinces of Bengal and the Punjab between the two dominions in accordance with the recommendations of two Boundary Commissions, both under the chairmanship of Sir Cyril Radcliffe. It may be noted that geographical contiguity of Muslim-majority areas was not necessarily the rationale for inclusion in Pakistan, witness, East Bengal separated from the large territorial part of Pakistan by a thousand miles of Indian Territory.

Contrary 'to misconceptions, the partition of the subcontinent was .not based on an all-around acceptance of the 'Two-Nation theory" which propounded the creation of two states, one Hindu and one Muslim, on the supposition that neither community could hope to get justice in a state dominated by the other. The Indian National Congress, the majority political party of the dominion of India to whom power was transferred in 1947, did not accept the theory; the All-India Muslim League which over 500 states, covering 40 percent of the subcontinent's area with a population of 90 million, was left outside the scope of such parleys. The British Cabinet Mission's memorandum of May 12,1946, assured the Princes that Britain could not and would not, under any circumstances, transfer paramountcy to a successor government Arguing that after the transfer of power it would be impossible for Britain to station troops on the subcontinent ih order to fulfill its obligations of paramount, the memorandum stated: "This means that the rights of the States which flow from their relationship to the Crown will no longer exist and that all the right surrendered by the states to the Paramount Power will return to the States/' 1

The Indian National Congress did not challenge the legal aspects of the Cabinet Mission's Memo of May 12th. It, however, emphasized that a Ruler's exercise of the right of accession should conform with the wishes of the people of the state concerned. It may be noted here, that neither the Indian Independence Act of 194 7, nor any of the acts of the Indian Constituent Assembly, or any of the provisions of the Indian Constitution, or any of the acts of the Indian Parliament, made any of the Instrument of Accession signed by the Rulers of Princely states subject to a plebiscite or any other vote in the form of ratification of the accession. In fact, both India and Pakistan accepted the accession of over 500

Princely States without a plebiscite or a ratificatory vote A Ruler's signature on the Instrument of Accession completed the legal part of the accession of die state concerned.

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APPENDIX -2

SHIMLA AGREEMENT

The Simla Treaty, popularly known as the Simla Pact or the Simla Agreement, was signed between India and Pakistan on July 2, 1972.

The treaty followed from the war between the two nations in the previous year that had led to the independence of East Pakistan as Bangladesh. The agreement laid down the principles that should govern their future relations. It also conceived steps to be taken for further normalization of mutual relations. Most importantly, it bound the two countries "to settle their differences by peaceful means through bilateral negotiations". It also cemented the Line of Control as something close to a permanent border. "In Jammu and Kashmir, the Line of Control resulting from the cease-fire of December 17, 1971 shall be respected by both sides without prejudice to the recognised position of either side. Neither side shall' seek to alter it unilaterally irrespective of mutual differences and legal interpretations. Both sides further undertake to refrain from threat or the use of force in violation of this Line." the agreement also paved the way for diplomatic recognition of Bangladesh by Pakistan. As a gesture of goodwill India decided not to try 93,000· (34,000 Troops and rest Civillians) Pakistan Prisoners of War for war crimes and released them.

The treaty has been the basis of all subsequent bilateral talks between India and Pakistan, though it has not prevented the relationship between the two countries from deteriorating to the point of armed conflict (most recently in the Kargil War). The treaty was signed in Simla, India, by Zulfiqar Ali Bhutto, the President of Pakistan, and Indira Gandhi, the Prime Minister of India.

The Government of India and the Government of Pakistan are resolved that the two countries put an end to the conflict and confrontation that have hitherto marred their relations and work for the promotion of a friendly and harmonious relationship and the establishment of durable peace in the sub-continent, so that both countries may henceforth devote their resources and energies to the pressing task of advancing the welfare of their people.

·In order to achieve this objective, the Government of India and the Government of Pakistan have agreed as follows:-

1. That the principles and purposes of the Charter of the United Nations shall govern the relations between the two countries.

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2. That the two countries are resolved to settle their deferences by peaceful means through bilateral negotiations or by any other peaceful means mutually agreed upon between them. Pending the final settlement of any of the problems between the two countries, neither side shall unilaterally alter the situation and both shall prevent the organisation, assistance or encouragement of any acts detrimental to the maintenance of peaceful and harmonious relations.

3. That the pre-requisite for reconciliation, good neighbourliness and durable peace between them is a commitment by both the countries to peaceful co-existence, respect for each other's territorial integrity and sovereignty and non-interference in each other's internal affairs, on the basis of equality and mutual benefit.

4. That the basic issues and causes of conflict which have bedevilled the relations between the two countries for the last 25 years shall be resolved by peaceful means ;

5. That they shall always respect each other's national unity, territorial integrity, politic,al independence and sovereign equality ;

6. That in accordance with the Charter of the United Nations, they will refrain from the threat or use of force against the territorial integrity or political independence of each other.

7. Both Governments will take all steps within their power to prevent hostile propaganda directed against each other. Both countries will encourage the dissemination of such information as would promote the development of friendly relations between them.

In order to progressively to restore and normalise relations between the two countries step by step, it was agreed that:

1. Steps shall be taken to resume communications, postal, telegraphic, sea, land including border, posts and air links including over-flights.

2. Appropriate steps shall be taken promote travel facilities for the nationals of the other country.

3. Trade and co-operation in economic and other agreed fields will be resumed as far as possible.

4. Exchange in the fields of science and culture will be promoted. In this connection delegations from the two countries will meet from time to time to work out the necessary details.

In order to initiate the process of the establishment of durable peace, both the Governments agree that :

1. Indian and Pakistani forces shall be withdrawn to their side of the international border.

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2. In Jammu and Kashmir, the line of control resulting from the cease-fire of December 17, 1971, shall be respected by both sides without prejudice to the recognised position of either side. Neither side shall seek to alter it unilaterally, irrespective of mutual differences and legal interpretations. Both sides further undertake to refrain from the threat or the use of force in violation of this line.

3. The withdrawals shall commence upon entry into force of this agreement and shall be completed within a period of 30 days thereof.

This agreement will be subject to ratification by both countries in accordance with their respective constitutional procedure and will come into force with effect from the date on which the instruments of ratification are exchanged.

Both Governments agree that their respective heads will meet again at a mutually convenient time in the future and that in the meanwhile the representatives of the two sides will meet to discuss further the modalities and arrangements for the establishment of durable peace and normalisation of relations, including the questions of repatriation of prisoners of war and civilian internees, a final settlement of Jammu and Kashmir and the resumption of diplomatic relations.

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APPENDIX-3

THE LAHORE DECLARATION

The following is the text of the Lahore Declaration signed by the Prime Minister, Mr. A. B. Vajpayee, and the Pakistan Prime Minister, Mr. Nawaz Sharif, in Lahore on Sunday:

The Prime Ministers of the Republic of India and the Islamic Republic of Pakistan:

Sharing a vision of peace and stability between their countries, and of progress and prosperity for their peoples;

Convinced that durable peace and development of harmonious relations and friendly cooperation will serve the vital interests of the peoples of the two countries, enabling them to devote their energies for a better future;

Recognizing that the nuclear dimension of the security environment of the two countries adds to their responsibility for avoidance of conflict between the two countries;

Committed to the principles and purposes of the Charter of the United Nations, and the universally accepted principles of peaceful co­existence;

Reiterating the determination of both countries to implementing the Simla Agreement in letter and spirit;

Committed to .the objective of universal nuclear disarmament and non­proliferation;

Convinced of the importance of mutually agreed confidence building measures for improving the security environment;

Recalling their agreement of 23rd September, 1998, that an environment of peace and security is in the supreme national interest of both sides and that the resolution of all outstanding issues, including Jammu and Kashmir, is essential for this purpose;

Have agreed that their respective Governments:

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• shall intensify their efforts to resolve all issues, including the issue of Jammu and Kashmir. ·

• shall refrain from intervention and interference m each other;s internal affairs.

• Shall intensify their composite and integrated dialogue process for an early and positive outcome of the agreed bilateral agenda.

• Shall take immediate steps for reducing the risk of accidental or unauthorised use of nuclear weapons and discuss concepts and doctrines with a view to elaborating measures for confidence building in the nuclear and conventional fields, aimed at prevention of conflict.

• Reaffirm their commitment to the goals and objectives of SAARC and to concert ·their efforts towards the realisation of the SAARC vision for the year 2000 and beyond with a view to promoting the welfare of the peoples of South Asia and to improve their quality of life through accelerated economic growth, social progress and cultural development.

• reaffirm their condemnation of terrorism in all its forms and manifestations and their determination to combat this menace.

• shall promote and protect all human rights and fundamental freedoms.

Signed at Lahore on the 21st day of February 1999.

Joint statement

The following is the text of the Joint Statement issued at the end of the Prime Minister, Mr. A. B. Vajpayee's visit to Lahore:

In response to an invitation by the Prime Minister of Pakistan, Mr. Muhammad Nawaz Sharif, the Prime Minister of India, Shri Atal Behari

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Vajpayee, visited Pakistan from 20-21 February, 1999, on the inaugural run of the Delhi-Lahore bus service.

2. The Prime Minister of Pakistan received the Indian Prime Minister at the Wagah border on 20th February 1999. A banquet in honour of the Indian Prime Minister and his delegation was hosted by the Prime Minister of Pakistan at Lahore Fort, on the same evening. Prime Minister, Atal Behari Vajpayee, visited Minar-e- Pakistan, Mausoleum of Allama Iqabal, Gurudawara Dera Sahib and Samadhi of Maharaja Ranjeet Singh. On 21st February, a civic reception was held in honour of the visiting Prime Minister at the Governor's House.

3. The two leaders held discussions on the entire range of bilateral relations, regional cooperation within SAARC, and issues of international concern. They decided that:

(a) The two Foreign Ministers will meet periodically to discuss all issues of mutual concern, including nuclear related issues.

(b) The two sides shall undertake consultations on WTO related issues with a view to coordinating their respective positions.

(c) The two sides shall determine areas of cooperation in Information Technology, in particular for tackling the problems of Y2K.

(d) The two sides will hold consultations with a view to further liberalising the visa and travel regime.

(e) The two sides shall appoint a two member committee at ministerial level to examine humanitarian issues relating to Civilian detainees and missing POW s.

4. They expressed satisfaction on the commencement of a Bus Service between Lahore and New Delhi, the release of fishermen and civilian detainees and the renewal of contacts in the field of sports.

5. Pursuant to the directive given by the two Prime Ministers, the Foreign Secretaries of Pakistan and India signed ' a Memorandum of Understanding on 21st February 1999, identifying measures aimed at promoting an environment of peace and security between the two countries.

6. The two Prime Ministers signed the Lahore Declaration embodying their shared vision of peace and stability between their countries and of progress and prosperity for their peoples.

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7. Prime Minister, Atal Behari Vajpayee extended an invitation to Prime Minister, Muhammad Nawaz Sharif, to visit India on mutually convenient dates.

8. Prime Minister, Atal Behari Vajpayee, thanked Prime Minister, Muhammad Nawaz Sharif, for the warm welcome and gracious hospitality extended to him and members of his delegation and for the excellent arrangements made for his visit.

Lahore,

February 21, 1999.

Memorandum of Understanding

The following is the text of the Memorandum of Understanding signed by the Foreign Secretary, Mr. K. Raghunath, and the Pakistan Foreign Secretary, Mr. Shamshad Ahmad, in Lahore on Sunday:

The Foreign Secretaries of India and Pakistan:-

Reaffirming the continued commitment of their respective governments to the principles and purposes of the U.N. Charter;

Reiterating the determination of both countries to implementing the Shimla Agreement in letter and spirit;

Guided by the agreement between their Prime Ministers of 23rd September 1998 that an environment of peace and security is in the supreme national interest of both sides and that resolution of all outstanding issues, including Jammu and Kashmir, is essential for this purpose;

· Pursuant to the directive given by their respective Prime Ministers in Lahore, to adopt measures for promoting a stable environment of peace, and security between the two countries;

Have on this day, agreed to the following:-

1. The two sides shall engage in bilateral consultations on security concepts, and nuclear doctrines, with a view to developing measures for confidence building in the nuclear and conventional fields, aimed at avoidance of conflict.

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2. The two sides undertake to provide each other with advance notification in respect of ballistic missile flight tests, and shall conclude a bilateral agreement in this regard.

3. The two sides are fully committed to undertaking national measures to reducing the risks of accidental or unauthorised use of nuclear weapons under their respective control. The two sides further undertake to notify each, other immediately in the event of any accidental, unauthorised or unexplained incident that could create the risk of a fallout with adverse consequences for both sides, or an outbreak of a nuclear war between the two countries, as well as to adopt measures aimed at diminishing the possibility of such actions, or such incidents being misinterpreted by the other. The two side shall identify/ establish the appropriate communication mechanism for this purpose.

4. The two sides shall continue to abide by their respective unilateral moratorium on conducting further nuclear test explosions unless either side, in exercise of its national sovereignty deCides that extraordinary events have jeopardised its supreme interests.

5. The two sides shall conclude an agreement on prevention of incidents at sea in order to ensure safety of navigation by naval vessels, and aircraft belonging to the two sides.

6. The two sides shall periodically review the implementation of existing Confidence Building Measures (CBMs) and where necessary, set up appropriate consultative mechanisms to monitor and ensure effective implementation of these CBMs.

7. The two sides shall undertake a review of the existing communication links (e.g. between the respective Directors­General, Military Operations) with a view to upgrading and improving these links, and to provide for fail-safe and secure communications.

8. The two sides shall engage m bilateral consultations on security, disarmament and non-proliferation issues within the context of negotiations on these issues in multilateral foray.

Where required, the technical details of the above measures will be worked out by experts of the two sides in meetings to be held on mutually agreed dates, before mid 1999, with a view to reaching bilateral agreements.

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Done at Lahore on 21st February 1999 in the presence of Prime Minister of India, Mr. Atal Behari Vajpayee, and Prime Minister of Pakistan, Mr. Muhammad Nawaz Sharif.

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APPENDIX-4 TABLE 1: Kashmiri Pandits in Bapudham Camp, New Delhi

Family Family Age Education Place of Year of Previous Job Present Job No. members origin marriage I Ego 70 Graduate Umanagri Govt. Works with an

employee MLA Ego's wife 65 Graduate (Anantnag) House Housewife

wife Ego's Son 30 Matriculation 2004 Unemployed Ego's 25 10 +2 Private Daughter-in- organization Law Ego's Daughter 27 Graduate 1992 Govt.

employee Ego's Son-in- 30 Graduate Unemployed law

2 Ego 65 10+2 Govt. Retired employee

Ego's wife 60 Class iv Housewife Ego's Daughter 32 Matriculation 2002 not in camp Ego's Son-in- 35 not in camp Law

3 Ego 75 Sri nagar Business Runs a school (runs a school)

Ego's wife dead (in camp till Ego's Son 35 1996) student Ego's Daughter 32 student

4 Ego 70 Graduate Sri nagar Tradesman Runs a school Ego's wife 66 Matriculation (in camp till Housewife Housewife Ego's Son 30 1996) student Ego's Daughter 27 student

5 Ego's father 78 Sopora Ego 42 10+2 unemployed Private

organization Ego's wife 38 Matriculation Housewife Housewife Ego's Son 10 Ego's Daughter 8

6 Ego 50 Graduate Sopora Farmer Factory worker Ego's Wife 45 Matriculation Housewife Housewife Ego's 45 10+2 Private Brother sector Ego's 38 Brother

7 Ego 75 10+2 Rainawari Army retired Ego's wife 70 (Sri nagar) housewife Housewife Ego's Daughter 48 Graduate Married student Bank employee

in camp Ego's Daughter 44 10+2 Married -do- Private

in camp organization 8 Ego's Father Dead

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Ego's Mother Dead Mahind Ego 60 Medical Unemployed

assistant Ego's Wife 45 class IV housewife Housewife Ego's Daughter 30 Graduate

9. Ego Dead Tailor Ego's wife 60 Ego's son(1) 30 Graduate Bijbihara 2001 student Govt

Employee Ego's 27 -do- 2002 -do- -do-son(2) Ego's son(3) 25 -do- 2005 -do- Private sector Ego's son(4) 23 10+2 -do- Unemployed

Ego's Daughter 18 Class VIII 2006 -do- Housewife

10. Ego 50 Graduate Srinagar Bank Bank Ego's wife 47 Graduate (no longer Govt Data not

in the job available camp)

Ego's Son 12 Student Ego's Daughter 17 Student

11. Ego 70 shopkeeper Unemployed Ego's wife 60 Srinagar housewife Housewife Ego's 35 Graduate student Private sector

Daughter Ego's Son 40 Graduate student Private

Sector Ego's Housewife Daughter- in -law Ego's 12 Grandson

12 Ego 56 Graduate Srinagar Govt. Private sector job

Ego's Mother 50 10+2 (not in Housewife Data not camJD available

Ego's Son 30

13. Ego 35 Graduate Bijbihara private sector Hotel employee

Ego's wife 30 Class VIII Housewife Ego's Son 3 Student Ego's Daughter 5 -do-

14. Ego 75 10+2 Sri nagar Govt Govt employee employee

Ego's Wife 65 Housewife Ego's Daughter 30 10+2 now in housewife

Jammu

Ego's Son 35 10+2 Govt employee

15. Ego 48 B.A Srinagar C.B.I C.B.l

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Ego's Wife 38

Ego's Son 11 Student

Ego's Daughter 14 -do-

16 Ego 45 10+2 In camp Govt (p&t) Govt employee

Ego's wife 40 10+2 Halwara Housewife private

Ego's 7 For 12 yrs Son Ego's Born in camp Son

Ego's 72 .Mother

17 Ego 30 Graduate No longer Unemployed Works in a in the Hotel camp. Stayed in the camp for 12 yrs

Ego's wife 25 Nurse No longer Nursing Nurse in the camp.

Ego's No longer Born in camp Son in the

camp. Ego's father 53 In camp Farmer Unemployed

Ego's 50 Sopore Mother Ego's 28 Engineer Private Brother Ego's 13 Matriculation Sister

18 Ego 60 10+2 Constable retired

Ego's wife 48 So pore Teacher Housewife

Ego's 25 Nurse Housewife daughter Ego's Daughter 29 Nurse

Ego's Daughter 20 Graduate Private sector (comp)

19 Ego 60 Matriculation In camp Govt Retired employee

Ego's 57 Tral wife Ego's son 28 Grad For 12 yrs Medical

company

20 Ego 60 Matriculation Govt Private sector employee

Ego's wife 58 Matriculation Srinagar

Ego's Son 32 Graduate Works in a Hotel

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Ego's 27 Graduate Media Planner Daughter

21 Ego 72 Class V Alikadal Tradesman Unemployed Ego's wife 65 Housewife Dead Ego's Son 22 Graduate 1996 Student Govt employee Ego's Daughter 18 Graduate -do- Housewife

22 Ego's 59 Matriculation Sri nagar Tradesman Unemployed (traumatised by migration)

Ego's wife 54 Matriculation Housewife Housewife Ego's Daughter 28 MBA Private sector Ego's Daughter 26 Grad Private sector

23 Ego 35 Matriculation Sri nagar Unemployed Private sector

Ego's wife 30 Matriculation Housewife Housewife Ego's son 9 Student Ego's Son 3 -do Ego's brother 45 Matriculation Govt Govt employee

employee Ego's sister-in- 40 Jaw Ego's 7 Student niece Ego's niece 16 Student

24 Ego 28 Matriculation Srinagar Runs a Taxi NA service

Ego's 30 -do- No longer Family in Tradesman brother in the the ca'mp

camp. fori i yrs.

Ego's Sister 35 -do-'

25 Ego 66 Matriculation Family no longer in the camp.

Ego's Son 36 Matriculation lived in the Married Govt employee camp 2yrs.

Ego's Son 32 Matriculation -do-

Ego's Matriculation Daughter- in-law Ego's 11 Granddaughter Ego's 9 Grandson

26 Ego 26 Matriculation Handwara Family farmer Govt. lived in the victims employee camp for 12 of Uammu) yrs. militancy

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