Prof. G.M. Athar
INTRODUCTION:-Every political development has its own winners and losers and the political change in the erstwhile Dogra kingdom of Jammu and Kashmir in 1947 is no exception in this regard.There are different stands on the actual nature of the territorial dispute over Kashmir among the parties to the conflict.The different stakeholders to Kashmir conflict include the people of erstwhile Dogra kingdom of Jammu and Kashmir; the Government of India; and the Government of Pakistan. Since there is a clash of interests among different parties to the territorial dispute over Kashmir, therefore each stakeholder has its own version of the exact nature of the conflict. Let us examine very objectively the political stand of each stakeholder to the Kashmir dispute to find out the actual truth value of each view point and its associated falsehood.
THE INDIAN NARRATIVE:- Maharaja Hari Singh, ruler of the erstwhile princely state of Jammu and Kashmir wanted to stay away from the dominions of India and Pakistan following the announcement of Partition Plan of British India by Lord Mountbatten Governor General of India on 3rd June 1947. However, when Pakistan sponsored tribal raid in Kashmir on 22nd October 1947, the deterioration of the security situation in his kingdom forced Maharaja Hari Singh to seek military assistance from India.The Government of India was reluctant to send its troops in a technically independent country prior to the accession of the princely state of Jammu and Kashmir with Indian Union. In order to defend his kingdom against the Pakistani aggression, Maharaja Hari Singh submitted the Instrument of Accession of Jammu and Kashmir State with Indian Union on 26th October 1947 following which the Indian troops were deployed in Kashmir on 27th October 1947.Since Pakistan deployed its rangers on the eastern border in response to Indian military presence in Kashmir as a result of which the two countries plunged into an armed conflict. Lord Mountbatten Governor General of India wanted to have the mediation of the United Nations to find out a peaceful solution of the India-Pakistan territorial conflict so the Kashmir Question was referred to UN on 31st December 1947.The United Nations Security Council passed a resolution on Jammu and Kashmir on 21st April 1948 to ask Pakistan to withdraw its troops from the territory of the former Dogra kingdom and asked India to reduce its troops to an optimum level necessary for maintaining the law and order in the state to have a plebiscite in the Muslim dominated state to determine whether the people want to stay with India or join Pakistan. Since Pakistan did not demilitarise the illegally occupied territory of the former Dogra kingdom, the two-option plebiscite could not be held in Jammu and Kashmir State.
THE PAKISTANI NARRATIVE:- The erstwhile Dogra kingdom of Jammu and Kashmir as per the Population Census of 1941 had 77% of its people Muslim by religion and the former princely state has a common border with Pakistan, so as per the principles of geographical contiguity and demographic composition laid down in Indian Independence Act passed by the British Parliament on 18th July 1947, as the basis of accession of princely states with the dominions of India or Pakistan, the Jammu and Kashmir State was supposed to be a part of Muslim dominated Pakistan. The Hindu ruler of Jammu and Kashmir State was reluctant to join Pakistan, so the Muslims of Azad Kashmir and Gilgit-Baltistan revolted against the Dogra ruler to ally with Pakistan in October 1947. Since, Sheikh Mohammad Abdullah was an agent of the Indian National Congress, so he wanted to have accession of Jammu and Kashmir State with the Indian Union to overthrow Hari Singh and become himself the ruler of the Muslim dominated state. In order to liberate the Muslim brethren of Kashmir from the Dogra autocracy the Pakistani tribal warriors crossed the border to launch Jehad against the Dogra troops.
THE NATIONAL CONFERENCE NARRATIVE:- The All Jammu and Kashmir National Conference abandoned the exclusive politics in the late 1930s when All Jammu and Kashmir Muslim Conference was converted into All Jammu and Kashmir National Conference under the leadership of Sheikh Mohammad Abdullah on 11th June 1939. The slogan of Sheikh Mohammad Abdullah has been “Hindu, Muslim, Sikh, Essai, aaps mein hein Bhai Bhai”. The National Conference has throughout opposed the two-nation theory of the Indian Muslim League led by Mohammad Ali Jinnah. After the announcement of Partition Plan by Lord Mountbatten Governor General of India on 3rd June 1947, the National Conference has demanded the transfer of political power to the people of the state prior to the decision on the subject of accession of Jammu and Kashmir State with Indian Union, Pakistan or an independent country. Since, Pakistan sent its tribal raiders to invade Kashmir, so in order to defend the territory against the Pakistani aggression the National Conference leader Sheikh Mohammad Abdullah invited the Indian troops to Kashmir. Pakistan did not demilitarise the territory of the former Dogra kingdom, the two-option plebiscite could not be held in the state so the National Conference leadership asked for an autonomous status for Jammu and Kashmir State within the framework of the Indian Constitution adopted on 26th November 1949 and enforced on 26th January 1950.
THE JAMMU AND KASHMIR STATE NARRATIVE:- The Dogra kingdom of Jammu and Kashmir has been established by Maharaja Gulab Singh after bringing together diverse kingdoms from 1820 to 1846. Maharaja Gulab Singh, the founder of Jammu and Kashmir State has purchased the territory and sovereignty of his kingdom after making a huge payment to the British East India Company in 1846.The main objective of the Jammu and Kashmir State from 12th August 1947 has been to defend the territorial integrity and sovereignty of the princely state internally and maintain cordial relationship with the dominions of India and Pakistan externally. However, the Pakistani tribal aggression in Jammu and Kashmir on 20th October 1947 has compelled the Dogra state to surrender its control over defence, foreign affairs and communication on 26th October 1947.
THE KASHMIRI NATIONALIST NARRATIVE (NON-VIOLENT PHASE):- The Kashmiri nationalists who surfaced on the political scene in Kashmir after the India-Pakistan War in1965 began to demand an independent country. In fact, after the Kashmir Question was referred to the United Nations on 31st December 1947, Sheikh Mohammad Abdullah was worried about his political career, so during his visit to the United Nations as a member of the Indian delegation he met privately at New York to Mr Warren Austin, the Permanent Representative of United States of America at the United Nations on 25th January 1948 to point out that an independent country is the best option for Jammu and Kashmir State. Sheikh Mohammad Abdullah continued his secret meetings with the American diplomat Loy Handerson, his wife and the political leader Adlai Stevenson to work for an independent country, which became the actual reason for sacking him and putting behind the bars on 9th August 1953 to April 1964. Since, Sheikh Mohammad Abdullah was power hungry with a wawering mind so he joined the Indian political mainstream after West Pakistan was defeated by India in East Pakistan on16th December 1971.
THE KASHMIRI NATIONALIST NARRATIVE (VIOLENT PHASE):- The Jammu and Kashmir National Liberation Front established by Mohammad Maqbool Bhat and Mr Amanullah Khan in Muzaffarabad in1966 is considered as the parent militant organisation inspired by the Algerian armed struggle against the France to launch an armed struggle against Indian control over Kashmir. In the early 1970s the Al-Fateh surfaced in Kashmir but the members of this militant organisation were arrested by the Jammu and Kashmir Police. The Jammu and Kashmir Liberation Front established by Mr Mohammad Amanullah Khan in Birmingham, United Kingdom in 1970s is the first non-violent political organisation to demand freedom for Jammu and Kashmir State. However, following the murder of Ravinder Matre, Indian Assistant High Commissioner in London in 1984, Mr Amanullah Khan was deported to Pakistan and the rigging of elections by National Conference-Congress alliance took place in Kashmir on 23rd March 1987, the defeated political leaders of Muslim United Front, like Mohammad Yusuf Shah and depressed political workers like Hamid Sheikh, Ashfaq Majid, Jawid Mir and Yasin Malik crossed the Line of Control to seek arms training, arms and ammunition from across the border to start armed struggle against the Indian troops in Kashmir in July 1988.The pro-independence armed struggle started by the Jammu and Kashmir Liberation Front in 1988 was hijacked by the pro-Pakistan Hizbul Mujahideen in the early 1990s with the result Yasin Malik, Chairman of JKLF abandoned the path of violence in 1994. Meanwhile, United Jehad Council was established in Pakistan Occupied Kashmir under the leadership of Mohammad Yusuf Shah alias Syed Salahuddin the Supreme Commander of Hizbul Mujahideen.
THE KASHMIRI INTELLECTUAL NARRATIVE:- The Kashmiri intellectual class spread over the world in general and Europe and North America in particular has approached the Kashmir issue from the secular democratic and nationalist perspectives.The Kashmiri intellectuals have highlighted the fact that the Indian Independence Act passed by the British Parliament on 18th July 1947 has categorically stated that all the treaties of the British Government with the Indian princes would cease to exist after the lapse of British paramountcy in Indian subcontinent on 15th August1947. As a consequence the Treaty of Lahore between the British East India Company and the Lahore Darbar on 9th March 1846 by which Gulab Singh was recognised as the Maharaja of Jammu Kingdom; the Treaty of Amritsar between Maharaja Gulab Singh and the British East India Company on 16th March 1846 by which Kashmir became a part of the Jammu Kingdom; and the Treaty of the British Crown with the Indian princely states, announced on 1st November 1858, by which the 560 princes including Maharaja Gulab Singh were recognised as the allies of the British Crown and were allowed to transfer the hereditary authority to their nominees, became all invalid on 15th August 1947. As a consequence of which the Jammu and Kashmir State ceased to exist as a political entity and Hari Singh ceased to be the de jure Maharaja of the former Dogra kingdom. More importantly, after Hari Singh left his Srinagar Palace at midnight along with his family members and movable property on 24th October 1947, he ceased to be the de facto ruler of the Kashmir Province as well. Therefore, Hari Singh had no legal authority to Sign the Instrument of Accession of non-existent Jammu and Kashmir State with the Indian Union on 27th October 1947. Hari Singh had no legal authority to appoint Sheikh Mohammad Abdullah as the Chief Emergency Administrator of non-existent Jammu and Kashmir State on 29th October 1947 and upgrade him as the Prime Minister on 5th March 1948. Similarly, the abdication of non-existent authority by Hari Singh in favour of his son Karan Singh on 20th June 1949 was also illegal and unconstitutional. The erstwhile princely state of Jammu and Kashmir State ceased to exist as a political entity on 15th August 1947 and it was thereafter simply a geographical territory of 222,236 square kilometres inhabited by a population of 40 lakh persons as per the Population Census of 1941.
The author can be reached atg ghathar@yahoo.co.in
