Inclusion of
Kashmir to India
As an Indian, it is my pride
that my country never invaded anyone’s land, instead always supported people
from other countries in their struggle. But when dealing with Pakistan, it is
hard for us to sacrifice Indian lives at the cost of having peace talk. Time
and again India has exposed their involvement in directly and indirectly sponsoring
terrorism to cause heinous attack on our soil. Now, Pakistan is trying to gain
sympathy from the world as India takes a strong action of revoking the Article
370 (that temporarily provided special status to Kashmir) for maintaining
territorial integrity and bringing the vast nation under one constitution. It
has been established in the United Nations since 1948 that Kashmir was
integrated with India and it was Pakistan who illegally tried to capture that
land and occupied (POK) by ignoring UN appeal. It is important for people to
know the political history of Kashmir and how it had integrated with India
after the transfer of power1.
Pre-British era to British period: Jammu and
Kashmir (J&K) in the unified form came into political existence since 1846.
The state was under Hindu and Buddhist dynasties before Mughal emperor Akbar
conquered it. In 1752, Ahmad Shah Abdul of Afghanistan conquered Kashmir from the
Mughals. In the year on 1819, the great Sikh emperor Maharaj Ranjit Singh regained Kashmir from
Afghans and the state remained under the control of Sikhs until 1846. After the
first Sikh war, Sikh Maharaja was unable to pay the compensatory amount to
British East India Company, and handed over his territory. Under this
circumstance, Gulab Singh, great grand nephew of former ruler of J&K Ranjit
Deora, accepted the supremacy of British and signed Amritsar Treaty on 16th
March 1846. Until the time of transfer of power in 1947, his descendants ruled
J&K.
Standstill Agreement: Though the ruler of
the state was Hindu, Muslims were in numerical majority in the state. As most
of the posts in Government and in Army were held by Hindus, the local popular
Muslim leader Sheikh Abdullah formed All Jammu and Kashmir Muslim Conference to
create divide among the religious communities. In 1939 this Muslim body changed
their name to National Conference. To become the supreme authority of the state
Sheikh Abdullah started “Quit Kashmir” campaign against Raja Hari Singh in
1946. During the transfer of power on 15th Aug 1947, the king of
Kashmir preferred to stay independent, joining neither with India nor Pakistan.
The Government of Jammu and Kashmir announced standstill agreement with both
India and Pakistan to take more time to think about inclusion with either of
the one.
Violation of Standstill agreement by Pakistan:
Pakistan was born out of two-nation theory where it was claimed Hindus and
Muslims couldn’t live as equals in one country. Therefore, owing to Muslim
majority in the region, Pakistan was eager to include Kashmir. Pakistan
authorities cut off food, petrol and other essential commodities to Kashmir to
create pressure. This forced Jammu and Kashmir Government to ask for 5000
gallons of petrol in order to meet the immediate necessity, which India govt
considered. The train service between Sialkot (in Pakistan) to Jammu was
stopped by Pakistan unilaterally. Military pressure was also applied by
Pakistan at this point of time. Prime Minister of Jammu and Kashmir Mehr Chand
Mahajan wrote letter to British Prime Minister on 15th October to
inform that Pakistan broke standstill agreement, but no reply was received. On
18th October, he sent a letter protesting against the aggression to
Prime Minister Jinnah. On reply Pakistan Prime Minister Jinnah described
disturbances in East Punjab and shortage of the coal as an excuse.
Pakistan’s invasion on Kashmir: The full-fledged
invasion of Kashmir started on 22nd October 1947. According to the main
raider’s column, around three hundred lorries which consisted of five thousand
tribesmen including Afridis, Wazirs, Mahsudas, Swathis and soldiers of Pakistan
Army “on leave” led by some regular officers attacked Kashmir. After capturing
Garhi and Domel, they marched towards Muzaffarabad. All Muslims in Muzaffarabad
battalion joined with tribal and killed the commanding officer. Tribal force
marched towards their prime destination Srinagar through Baramulla and Uri. By
this time, all the Muslims in state forces joined with tribal invaders.
Brigadier Rajinder Singh gathered 150 men and moved towards Uri to stop them.
He was able to stop the invaders for two days until he with all his men were
overpowered and cut into pieces. The second highest Military decoration in
India “Maha Vir Chakra” was given posthumously to this Heroic soldier.
Maharaja’s appeal for Military help to India:
On the evening of 24th October the Government of India received a
desperate appeal from Raja Hari Singh to help them with Indian Military and
arms. On the 25th October morning, Defence committee meeting was held and the
secretary of the ministry of the states V.P. Menon was sent to Kashmir to
observe the situation.
Instrument of Accession: On the
Morning of 26th October, Menon left with Mahajan, Prime Minister of
Kashmir and upon reaching Delhl immediately met with Defence Committee. Lord
Mountbatten disagreed to send Indian forces as Kashmir was not integrated with
India at that time. He advised to send Indian troops to Kashmir only if Jammu
and Kashmir would become the part of Indian territory and Prime Minister of
India Pandit Nehru agreed to this. Menon with Mahajan flew back to Jammu where
Maharaja Hari Singh reached Jammu from Srinagar after overnight driving.
Following long discussion with Menon, Raja Hari Singh accepted the proposal of
accession of Jammu and Kashmir with India with the condition that a plebiscite
would be held in the state when the law and order situation restored.
India’s strategic move against Pakistan:
After Kashmir became part of India, Prime Minister Nehru was afraid to send
Indian army to Srinagar as he was concerned regarding the loss of civilian life.
There was absolutely no plan with Indian Government to send troops before 25th
October. Within three days after gathering some information, Sikh battalion
near Delhi under commander Lt. Colonel Dewan Ranjit Rai was sent to Kashmir.
All of them were martyred near Baramulla. Lt. Colonel was awarded with
posthumous “Maha Vir Chakra”.
Jinnah’s
offer to discuss on Kashmir: By this time, Jinnah came to know India
accepted the accession of Jammu and Kashmir, he ordered Pakistan army to
invade. On 28th October, field Marshal Auchinleck flew to Lahore to
inform Jinnah that if Pakistan troops entered Kashmir, which is now a legal
part of India, all British officer serving in Pakistan army would immediately
be withdrawn. Jinnah cancelled that order and invited Nehru and Mountbatten in
Lahore through Auchinleck to discuss the on Kashmir.
Though Mountbatten and Nehru were ready to visit Lahore,
Sardar Patel was not, as Pakistan was aggressor in this case. Patel wanted
Jinnah to come to Delhi to discuss. Due to difference in opinion between Sardar
Patel and Nehru, the case was referred to Gandhiji. Nehru finally was not able
to visit Lahore for serious illness. As Lord Mountbatten was prepared to visit
Lahore, on 30th October, Pakistan issued a statement as intrusion of
Kashmir “based on fraud and violence and as such can not be recognized”. In the
meantime, Sheikh Abdullah had been invited to form an interim emergency
government. Though Gilgit was handed over to Maharaja but with the provocation
of Tribes, Gilgit established their own government on 31st October
and 4th November they hosted Pakistan flag in that region. On
November 1, Mountbatten had a long conference with Jinnah in Lahore. When
Mountbatten proposed to Jinnah that both sides withdraw at once and Jinnah
disagreed. Jinnah also denied the proposal of plebiscite with Sheikh Abdullah
in power, but he preferred plebiscite under the joint control of supervision of
both Governor generals of India and Pakistan. Being the president of Muslim
league in Pakistan, Jinnah had some special power to offer but as a strictly
constitutional Governor general holding a ceremonial position, Lord Mountbatten
was unable to accept that. With an inconclusive meeting, Mountbatten returned
to Delhi. On 2nd November. Nehru addressed the nation that all
measures were taken after considering Kashmiris struggle under popular
leadership against the invaders and to prevent the genocide. In response, on 4th
November, Pakistan Prime Minister Liaqat Ali khan from Lahore emphasized on
“immoral and illegal” ownership of Kashmir from Amritsar Treaty of 1846 and put
the blame on Indian Government inclusion of Kashmir with India. The invaders
started blaming the saviours of forceful, immoral and illegal occupation.
Fight
of India against atrocities and genocide by Pakistan in valley: After
discussion with Brigadier L.P. Sen. and defence minister Baldev Singh, Sardar
Patel allowed Indian Army to reclaim Baramulla. On 8th November,
Indian force secured Baramulla and saved the remaining population from the
genocide. In the short period of occupation by tribal invaders aided by
Pakistan, the native population of Baramulla consisting of mostly Hindu and
Buddhists suffered untold atrocities. The population decreased from 14000 to
1000 and women of all ages were violated and scarred for life. Sheikh Abdullah
admitted this incidence to United Nations in 19482.
Indian Army decided to go ahead to reclaim Uri and on 11th
November they reached Uri. Out of fear, tribal invaders withdrew and left
without firing a shot. On 21st November, Nehru reiterated in
Parliament that Kashmir would be given the chance to decide their future under
the supervision of neutral tribunal such as United Nations Organization.
India’s
appeal to UN: In the first week of December, Liaqat Ali Khan came to Delhi
to attend meeting of the Joint defence Council. After discussion a draft was
prepared to propose Pakistan Government to withdraw invaders and troops from
Kashmir as quickly as possible and Government of India to withdraw forces as
soon as fighting had stopped. Then both Government would request UN to hold a
plebiscite in Kashmir. Sardar Petel and Baldev Singh visited Kashmir again and
they were informed that large numbers of tribesmen were concentrated in POK.
After returning to Karachi from Delhi, Liqat Ali Khan
encouraged more raiders to enter into Kashmir and made speeches that Pakistan
would never give up Kashmir and also encouraged raiders to make most ghastly
atrocities including wanton murder, pillage, lynching and rape of non-Muslims.
Young non-Muslim Kashmiri girls were abducted and auctioned to the highest
bidder. Such medieval atrocities on women were recently carried out by ISIS
against innocent Yezidi women and children.
Just like any other civilized and cultured nation would be,
India was thoroughly disturbed by these medieval atrocities by Pakistani
invaders and wanted a solution to the humanitarian crisis. On 8th
December, third meting of the Joint Defence Council was held at Lahore. After
very long discussion, Nehru firmed on the point that Pakistan Government had to
withdraw all invaders from Kashmir. Pakistan never agreed to do so, instead
they asked Indian Government to withdraw forces. It was naturally impossible India
to withdraw forces from Kashmir as it would simply allow the invaders to cause
massive genocide, rape and more atrocities of non-Muslim residents of the state.
Also, the then ruler of Kashmir came to Indian Union for help, therefore
leaving Kashmir to its fate was out of question. Soon it became quite clear that settlement
between two countries on Kashmir was practically impossible. Mountbatten pushed
both Gandhi and Nehru to appeal to United Nations, which was ultimately
accepted by Nehru. As a preliminary action an official letter was handed over
to Liaqat Ali Khan on 22nd December. It was clearly stated that
Pakistan aided invaders directly to occupy Kashmir. As no reply came from
Pakistan, on 31st December, Government of India formally appealed to
the United Nations Organization. Later on, same day, reply from Pakistan was
received which ridiculously stated India’s aggression to destroy Pakistan and
wanted intervention of UNO. When it came out in the open, and after taking a
heavy beating, the invaders started playing victim.
The
Battle of Jawans: As the invaders continued their operation with direct aid
from Pakistan, it became necessary for Indian forces to save its own people
from the invaders. The Kashmir operation is known as “The Battle of Jawans”
where many unrecorded acts of heroism were done by Indian army for every inch
of ground. Major-general Thimmayya led Indian forces to free Leh and Ladakh
valley from invaders and major-Genral Atma Singh led the forces to reclaim
Poonch. Indian Air force under Vice-Marshal S. Mukherji performed their duties
with extreme perfection in those operations. Air commander Mehar Singh took
Major general Thimmayya to laded him at Leh through a route which as above
23,000 feet above sea level, a very rear feat back in the day.
Birth
of Pakistan occupied Kashmir: In the last week of December 1948, the
members of United Nations Commission visited New Delhi and Karachi and proposed
certain points to hold plebiscite in Jammu and Kashmir3. As
Pakistan did not withdraw their army from the occupied region, a ceasefire was
ordered by both Army chief to take effect from midnight of January1, 1949. By
this time, Indian Army reclaimed most of the part which was previously occupied
by tribal invaders. As the cease fire continued, on January 5th, UN
resolution of 13th August 1948 were adopted by the UN which required
Pakistan to withdraw forces and allowed India to maintain minimum strength of
its forces to maintain law and order in the state. At that point of time, Indian
forces reclaimed two third of the Kashmir including Kashmir valley, Jammu and
Ladakh. On completion of those condition a plebiscite was supposed to happen to
determine the fate of Jammu and Kashmir. There is no need to say that Indian
Army was in much better position to defend and reclaim the remaining part from
Pakistan army at that time. But Pandit Nehru was hopeful about UN interference
to allow Pakistan to withdraw their forces and to hold plebiscite. With this
hope Nehru ignored the advice of Sardar Patel and many ministers of Indian
Government and decided not to continue the war. Since then, Pakistan cowardly continued
to occupy the remaining portion of Kashmir, and so it is absolutely justified
to call Pakistan Occupied Kashmir (POK).
Discussion:
It is extremely difficult to understand the aggression of Jinnah and Muslim
league without knowing their attempts to integrate many different states at the
time of transfer of Power.
Jinnah’s unsuccessful attempts to include predominantly
Hindu states Jodhpur and Jaisalmeer with Pakistan did not stand for two-nation
theory. When accepting the accession of Hindu dominated, Muslim ruled Junagarh,
Pakistan advocated for the absolute right of ruler to accede to either
dominion, but they disagreed with their own claim when Hindu ruler of Kashmir
decided to accede with India. It was expected that both Nations take care
of their minorities. In reality, the whole world knows by this time, the
decline of Hindu population in Pakistan and their ruthless violence and
genocide to suppress the people of East Pakistan until 1971 when India acted
against the horrible genocide and supported the people of East Pakistan to
become an independent nation, Bangladesh. After the war in 1971, India and
Pakistan signed the Shimla agreement and India returned around ninety thousand
Pakistani soldiers who had surrendered during the liberation war of Bangladesh.
Is it not the highest level of peace gesture showed in the history of war?
The tribal invasion in Kashmir was a preplanned and
well-organized attempt to finish the non-Muslim group from the state and it was
directly supported by Pakistan. The leader of that tribal invasion was known as
“General Tariq” who was none other than major general Akbar Khan of Pakistan
Army. They were also assisted by some reputable officers like Mahomed Zaman
Kiani, Buhanuddin of Indian National Army. By this time, we can understand that
horrible planning of Holocaust to completely wipe out non-Muslim group from the
valley.
It is also important to remember the statement of Lord
Mountbatten on his return to England. He publicly stated Government of India
informed the Maharaja of Kashmir that he was free to accede with Pakistan if he
chose to do so. So, the theory of forceful inclusion of Kashmir to Indian
state does not stand up to scrutiny.
As Kashmir came into limelight for recent decision of
revoking Article 370 from Indian Constitution, it is important to remind people
the status of Article 370. In 1949 Article 370 was adopted in Indian Constitution
as temporary provision, which allowed internal autonomy of Jammu and Kashmir
while India’s complete control on the defence, foreign affairs and
communications. It is to be noted that this Article 370 was adapted after
two years of Kashmir’s accession to Indian Union therefore contrary to
perception; it was not one of the conditions of accession. When it was
included into the constitution, Dr. Shyama Prasad Mukherjee resigned from
Nehru’s cabinet ministries in protest and found his own party Bharatiya Jana
Shangh which is present day’s Bharatiya Janata party. His death in police
custody within Kashmir still raises eyebrows. Many questions regarding his
death remain unanswered. It may be considered as first political murder of
independent India.
In 1990, Pakistani terrorist group Hizb-ul-Mujahideen
carried out rampant genocides in the Kashmir valley in which around sixty
thousand Hindu families became refugee in their own country4.
The process of rehabilitation is still underway. Due to the existence of
Article 370, Indian Government could not be able to deliver the justice to the
victims.
Through that occupied Kashmir region Pakistan relentlessly
try to provoke the Muslim in that region to jeopardize the peace. In 1999,
Pakistani terrorists with the help of Pakistani army invaded Indian posts in
Kargil. Indian army demonstrated their extreme level of professionalism to
reclaim our land and defeated Pakistani invaders, again. It was the temporary
provision Article 370 which acted as a barrier for Indian government to take
full control in their own land. Misusing the special status provided by Article
370, some corrupt political leaders poisoned the minds of gullible youth,
promoting disruptive activities while sending their own children off to foreign
educational institutes. All political parties were aware of the misuse of
Article 370 but due to short sightedness and vote bank politics, no one dared
to interfere. No government so far had the courage or political will to break
the barrier of “special status” of a Muslim majority state lest be termed
bigot, Islamophobic, fascist etc. by the liberal news agencies and observers.
Due to the special status under Article 370, Kashmir had her own set of rules
and decisions of even the Supreme Court of India’s decisions were not
implemented there. Now with the barrier no more, all of India comes under one
flag, one constitution, one set of rules. The progressive ideas prevalent in
the rest of India will finally reach the valleys of Kashmir and new era of
prosperity will be unleashed.
In the end, I would like to conclude by quoting V.P. Menon
“India’s stand with regard to Kashmir will not be understood by those who
are determined not to understand it.” It is equally applicable to
liberal, socialists or communists who question the way government of India
abrogated the Article 370.
Acknowledgements:
I thankfully acknowledge my fellow scholar Mr. Rajarshi Mukherjee and Dr. Souvik Dey for their critical analysis which substantially improved this essay.
References:
1. THE STORY OF THE INTEGRATION OF THE
INDIAN STATES. V.P.MENON.
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