NEHRU’S speeches on KASHMIR

FACTS RELATING TO KASHMIR

(A statement made at a Press Conference, New Delhi, January 2, 1948)

From, Independence and After, A collection of the more important speeches of Jawaharlal Nehru from September 1946 to May 1949. The Publications Division, August, 1949

As is well known now, the Government of India has made a reference to the Security Council of the UNO in regard to the invasion of Kashmir by persons coming from or through Pakistan.

The Government desires to take the Press and the public into full confidence in so far as it can, having regard to diplomatic decorum and propriety. It has waited thus far because it would have been proper for the Security Council to consider the matter first before any publicity was given to it, but, in view of references being made to this subject by the Foreign Minister of Pakistan and by others, it is desirable to state the facts briefly.

I have previously, on several occasions, placed before the country the facts relating to Kashmir ever since we sent our troops there on October 27, 1947. Our troops succeeded in saving the valley of Kashmir and the city of Srinagar and drove back the enemy to Uri along the Jhelum Valley road.

Since then, fighting has taken place on a large front along almost the entire border of the Kashmir State and Pakistan. Very large numbers of armed men, in battle formation and fully equipped with modern arms, have entered Kashmir State territory at many places, and still larger concentrations of these men have been made along the border on the Pakistan side.

These border areas of Pakistan hate become the base of operations for these invaders and, from the security of these bases, large numbers come across and raid, burn and loot on Kashmir State territory which is Indian Dominion territory.

The Government of India would have been justified, in self defence, to strike at these bases, and thus put an end to the sources of supply of these invaders. It has however, scrupulously avoided doing so, so as to limit the field of operations and in the hope that the Pakistan Government will cease aiding and abetting these invaders.

During the last two months, repeated requests have been made to the Pakistan Government to prevent the use of its territory for aggression on India. It has not only not done so, but it is an established fact that these invaders, among whom are a large number of Pakistan nationals, have been helped in every way by the Pakistan Government.

They are allowed transit through Pakistan territory by motor transport and railway trains, supplied petrol, food and accommodation and the arms they possess are manifestly the arms of the Pakistan Army. Pakistan Army personnel have also been captured by our troops in the operations in Kashmir.

Nat only has the Pakistan Government not taken effective steps to prevent this invasion, but it has refused even to call upon the invaders to desist from their active aggression.

The Government of India cannot tolerate the use of a friendly and neighbouring country as a base for the invasion of Indian territory but in its desire to avoid any action, unless it is compelled by circumstances to take it, it has decided to refer this matter to the Security Council of the UNO.

On December 22, 1947, a formal request was made in writing to the Prime Minister of Pakistan. In this letter, the acts of aggression of Pakistan and the forms of aid given by Pakistan to the invaders were briefly stated and the Government of Pakistan was asked to call upon Pakistan nationals to cease participating in the attack on the Jammu and Kashmir State and to deny to the invaders: (1) all access to and use of Pakistan territory for operations against the Kashmir State; (2) all military and other supplies; (3) all other kinds of aid that might tend to prolong the present struggle.

The Government of India expressed its earnest desire again to live on terms of friendship with Pakistan and hoped that its request would be acceded to promptly and without reserve. It pointed out, however, that, failing such response, it would be compelled to take such action, with due regard to its rights and obligations as a member of the UNO, as it might consider necessary to protect its own interests and those of the Government and people of Jammu and Kashmir State.

As no reply was received to this formal request, two reminders were sent. Ultimately, on December 30, a formal reference was made to the Security Council of the UNO through the representative of the Government of India with UNO. On December 31, a copy of this reference was sent by telegram to the Pakistan Government.

This reference stated the facts of the case and pointed out that they indisputably pointed to the following conclusions

(a) that the invaders are allowed transit across Pakistan territory;

(b) that they are allowed to use Pakistan territory as a base of operations;

(c) that they include Pakistan nationals;

(d) that they draw much of their military equipment, transport and supplies (including petrol) from Pakistan; and

(e) that Pakistan officers are training, guiding and otherwise helping them.

There was no source other than Pakistan from which such quantities of modern military equipment, training and guidance could have been obtained. The Government of India requested the Security Council, therefore, to ask the Government of Pakistan

(1) to prevent Pakistan Government personnel, military and civil, participating in or assisting the invasion of the Jammu and Kashmir State;

(2) to call upon other Pakistan nationals to desist from taking any part in the fighting in the Jammu and Kashmir State;

(3) to deny to the invaders: (a) access to and use of its territory for operations against Kashmir; (b) military and other supplies; (c) all other kinds of aid that might tend to prolong the present struggle.

The reference to the Security Council is thus limited to the matters mentioned above. There is an urgency about these matters, for the first step that must be taken is to put a stop to the fighting and this can only be done if the invaders withdraw. It must be remembered that all the fighting has taken place on Indian Union territory and it is the inherent right of the Government of India to drive back any invaders on its territory. Till the Kashmir State is free of the invaders, no other matter can be considered.

The Government of India deeply regrets that this serious crisis has arisen. It is not of its seeking, and it has been thrust upon it by invading armies from outside who have committed acts of barbarism against the inhabitants of the Kashmir State and destroyed and burnt a large number of villages and some towns. No Government can tolerate such an invasion. In its desire, however, to avoid any act which might lead to further complications, it has shown the greatest forbearance and made repeated appeals to the Pakistan Government. Those appeals have been in vain, and hence it decided to refer this particular question to the Security Council. It has naturally reserved to itself freedom to take such action in self-defence as the situation may require.

The Foreign Minister of Pakistan, in a recent Press interview, has brought a large number of charges against the Government of India. I shall not go into these charges except to repudiate them utterly. What has happened during the past year is well known and we are prepared to stand the test of the closest scrutiny. Apparently all this variety of charges has been brought to cover up the Kashmir issue in a forest of other matters which have nothing to do with it.

It is completely untrue, to say that the Government of India has tried to undo the partition or to strangle Pakistan. The mere fact of our agreeing to what everybody recognizes to be very generous financial terms is evidence of our desire to help Pakistan and to have friendly relations with it.

It is completely untrue that we have repudiated these financial agreements; we stand by them and shall honour them, but it is true that we have pointed out to Pakistan that we cannot make these payments at present when the money we give might be utilized for warlike operations against India.

The Kashmir issue stands by itself. If the methods of invasion of friendly territory by a barbarous foe are encouraged and submitted to, there is no future either for India or for Pakistan and therefore this has to be and will be resisted by us to the utmost and the Kashmir State will have to be freed completely. Even from the narrowest viewpoint of self interest, the Government of Pakistan should realize that the encouragement of such an invasion is perilous to its own future, because, once the forces of unbridled violence are let loose, they endanger the whole security of any State.

It must be remembered that in Kashmir there is no communal issue as such. Large numbers of Kashmiris, Muslims, Hindus and Sikhs are fighting the invaders. It is a national issue for them to preserve their freedom, and we have gone there to support them. We have pledged our honour to them and we shall stand by our pledge.

I would appeal to the Press for restraint in dealing with this issue at this critical stage and to avoid publishing unauthorized matter. We shall try to give full information to the Press whenever it is possible. The publication of unauthorized stories is likely to do harm to the State and to the cause we represent.

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