History recheck: UN also declared Pakistan as aggressor in J&k
   22-Apr-2019

 
 
Analysis: UN resolution 47 (1948). Resolution of 21 April 1948
The state of Jammu and Kashmir was one of the 550 princely states that acceded to India through Instrument of Accession. The state came under the invasion of Pakistani army on October 22, 1947 though the supply of essential commodities and other pressure tactics were already applied by Pakistan to force Maharaja Hari Singh to sign the Instrument of Accession in their favour.
 
But Maharaja Hari Singh signed the Instrument of Accession in favour of India on October 26, 1947, and the entire state of Jammu and Kashmir became an integral part of India. Though the state legally became an integral part of India yet Pakistan invasion continued. India filed a complaint with the United Nations against Pakistan’s aggression on India.
 
 
 
 
UN’s April 21, 1948 resolution
 
In order to ease the tension between India and Pakistan, the UN passed a resolution on 21 April 1948. UN asked Pakistan “to use its best endeavours:
 
(a) To secure the withdrawal from the State of Jammu and Kashmir of tribesmen and Pakistani nationals not normally resident therein who have entered the State for the purposes of fighting, and to prevent any intrusion into the State of such elements and any furnishing of material aid to those fighting in the State;
 
(b) To make known to all concerned that the measures indicated in this and the following paragraphs provide full freedom to all subjects of the State, regardless of creed, caste, or party, to express their views and to vote on the question of the accession of the State, and that therefore they should co-operate in the maintenance of peace and order.”
 
And it asked India to “(a) When it is established to the satisfaction of the Commission set up in accordance with the Council's Resolution 39 (1948) that the tribesmen are withdrawing and that arrangements for the cessation of the fighting have become effective, put into operation in consultation with the Commission a plan for withdrawing their own forces from Jammu and Kashmir and reducing them progressively to the minimum strength required for the support of the civil power in the maintenance of law and order;”
 
UN also ensured that when the abovementioned terms of the resolution are implemented, the plebiscite shall take place. It even asked Government of India to establish in Jammu and Kashmir a Plebiscite Administration to hold a Plebiscite and a nominee of the Secretary-General of the United Nations will be appointed as the Plebiscite Administrator.
 
 
 
Important point of the Resolution
 
In this resolution, the UN asked:
• Cessation of the fight between India and Pakistan.
• Acknowledged that the state of Jammu and Kashmir acceded to India, as it asked Pakistan to remove its nationals and tribesmen from Jammu and Kashmir.
• India to keep minimum force for the maintenance of law and order.
• Government of India to establish in Jammu and Kashmir a Plebiscite Administration to hold a Plebiscite.
• Residents of the state who had to flee from their homes because of Pakistan’s invasion should return back and take part in the process of plebiscite in a congenial environment.
 
 
 
Conclusion
 
The resolution has importantly emphasized that there should be the cessation of the fight between India and Pakistan and withdrawal of Pakistani nationals and tribesmen from Jammu and Kashmir. And when these two conditions are fulfilled the third condition i.e. Plebiscite should take place under the auspices of the UN. UN also stressed that this plebiscite must be fair and impartial. But the UN failed to implement its our resolution. India, as per its stated commitment of ascertaining the wishes of people, has clearly mentioned that it is ready to accept the verdict of the people but UN failed to keep its commitment in the matter of J&K.