Is Kashmir An Issue ?

12 Jul, 2001    ·   520

Maj Gen (Retd) Ashok Krishna says Pakistan can lay no claim to any part of J&K on legal, constitutional or any other grounds
Maj. Gen. Ashok Krishna (Retd)
Pakistan is adamant that Kashmir is the core issue between India and her. This is because the Pak Army and the establishment derive their strength from Kashmir , and it helps unite the country psychologically. However, a look at some hard facts would indicate how much of an issue it really is.

 

 

When the British granted independence to India , the 565 Princely states covering over two fifths of the sub-continent with a population of 99 million, technically, became sovereign states. A "Memorandum on States’ Treaties and Paramountcy" stated that the paramountcy which the Princely states had enjoyed with the British would lapse at independence. The ‘void’ created would have to be filled either by a federal relationship or by ‘particular political arrangements’ with the successor government or governments, whereby the states would accede to one or other dominion. The Instrument of Accession was to be signed only by the ruling princes and there was no provision in it for referring the question of accession to the new independent states of India and Pakistan . (The rulers of Bhawalpur and Khairpur acceded to Pakistan accordingly).

 

 

Although India was divided into two dominions on the basis of religion, Pakistan getting the Muslim-majority ones, this reason did not apply to the Princely states, and hence not to Kashmir. As such, Pakistan had no claim on the state at all on this basis. And since India became a secular republic, not a theocratic state, it was incumbent on the rulers of India not to bow down to pressure from Pakistan on this account. The Pakistani leadership had encouraged the Nawab of Junagadh to opt for Pakistan and the Nizam of Hyderabad to opt either for independence or for Pakistan ; it even tried to lure Jaipur and Jodhpur which had Hindu rulers to join Pakistan . All these states had a predominantly Hindu population.

 

 

Fearing democracy in India and communalism in Pakistan , Maharaja Hari Singh of J&K hoped to stay out of both and to continue to wield power as an independent ruler. The popular political forces led by the National Conference and its leader Sheikh Abdullah, however, wanted to join India . The Indian political leaders took no steps to obtain Kashmir ’s accession and, in line with their general approach, wanted the people of Kashmir to decide whether to link their fate with India or Pakistan . Nehru and Patel had made a similar offer in the case of Junagadh and Hyderabad . 

 

 

Pakistan refused to accept the principle of plebiscite for deciding the issue of accession in the case of Junagadh and Hyderabad . In the absence of a constructive proposal from Pakistan , India held a referendum on 20 February 1948 in Junagadh to ascertain the wishes of the people regarding accession. The votes for Pakistan totaled 91, and over 190,000 voted for India . In the case of Kashmir Pakistan tried to short-circuit the popular decision through a short-sighted action, forcing India to partially change its attitude in regard to Kashmir . On 22 October 1947, with the onset of winter, several Pathan tribesmen, led unofficially by Pakistani army officers, invaded Kashmir and rapidly pushed towards Srinagar . In panic, on 24 October, the Maharaja appealed to India for military assistance. Nehru, even at this stage, did not favour accession without ascertaining the will of the people. But Mountbatten, the Governor General, pointed out that under international law India could send its troops to Kashmir only after the state’s formal accession. And so on 26 October, the Maharaja acceded to India and installed Abdullah as head of the state’s administration. Even though both the National Conference and the Maharaja wanted firm and permanent accession, India , in conformity with its democratic commitment and Mountbatten’s advice, announced that it would hold a referendum on the accession decision once peace and law and order had been restored in the Valley. 

 

 

Fearful of the dangers of a full-scale war between India and Pakistan , the Government of India agreed, on 30 December 1947, on Mountabatten’s suggestion, to refer the Kashmir problem to the Security Council, asking for vacation of aggression by Pakistan . Nehru was to regret this decision later as, instead of taking note of the aggression by Pakistan, the Security Council, guided by Britain and the United States, tended to side with her. Ignoring India ’s complaint, it replaced the ‘ Kashmir question’ before it by the ‘India-Pakistan dispute’. It passed many resolutions, but the upshot was that in accordance with one of its resolution both India and Pakistan accepted a ceasefire on 31 December 1948 and the state was effectively divided along the ceasefire line.  Nehru who had hoped to get justice from the UN, in a letter to Vijayalakshmi Pandit in February 1948, wrote: ‘I could not imagine that the Security Council could possibly behave in the trivial and partisan manner in which it functioned. The United States and Britain have played a dirty role, Britain probably being the chief actor behind the scenes.’ 

 

 

The dismemberment of J&K started with Gilgit. J&K’s strategic value was appreciated by the British in 1935, hence the 60- year lease. By 1947, its importance had enhanced due to the vastly increased power of the Soviet Union . India it was realised would never have agreed to Gilgit being used for spying on the USSR . The retrocession of Gilgit to the Maharaja in June 1947 was therefore merely a gesture, and Gilgit was firmly designed by the British to become part of Pakistan as were other parts of J&K.

 

 

In 1951, the UN passed a resolution providing for a referendum under UN supervision after Pakistan had withdrawn its troops from the part of Kashmir under its control. The resolution has remained infructuous since Pakistan has not withdrawn its troops. At present about 78,932 sq. km of the state is under the illegal occupation of Pakistan . China is in occupation of 4,855.9 sq. km ceded to it by Pakistan and 37,879.1 sq. km is with them since the 1962 war. India retains an area of only 100,569 sq. km out of the total area of J&K of 2,22,336 sq. km.  Except on the basis of its boldness (at times aided by foreign powers) Pakistan can lay no claim to any part of J&K on legal, constitutional or any other grounds. The Kashmir issue was more than resolved at the Shimla summit. It remains for Pakistan to decide when, if at all, it will give up its over-50 year-old obsession with Kashmir and join hands with India to fight the real issue, which, as expressed by the Indian Prime Minister, is poverty.  

 

 

 

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