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Myth of Kashmir’s accession to India

Amjed Jaaved

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Kashmir is a simmering cauldron. For about seven decades, India denied Kashmiris’ their right of self-determination. It claims that the occupied Kashmir’s constituent assembly has voted for accession of disputed Kashmir to India. As such, it is no longer necessary for her to let the promised plebiscite be held in Kashmir. Is India’s argument tenable? Does history or documents corroborate India’s stand? Let us look a bit closely at India’s stance.

It is the Treaty of Amritsar (1846) which entitled Gulab Singh to rule Jammu and Kashmir State. This treaty stands lapsed under Article 7 of the Independence Act. The Act was passed by British Parliament on July 18, 1947 to assent to creation of independent states of India and Pakistan. The aforementioned Article 7 provides that, with lapse of His Majesty’s suzerainty over Indian states, all treaties, agreements, obligations, grants, usages and sufferance’s will lapse.

Mountbatten deliberately kept mum about this reality for considerations of political expediency. He was not ‘politically naive, much less a fool’ not to realise this truth. According to his biographer, Ziegler, Mountbatten had a ‘powerful, analytic mind of crystalline clarity’. Yet, he had ‘legendary capacity for self-deception’. He ‘was a man who preferred falsehood to truth’. Even the ‘Instrument’ of Accession is void for several reasons. The Independence Act required intention of accession to be absolute and crystal-clear. But, a stray glance at the ‘Instrument’ would make it clear that it is equivocal. The ‘Instrument’ expresses ‘intention to set up an interim government and to ask Sheikh Abdullah to carry the responsibilities’ with maharajah’s prime minister. The last sentence in the ‘Instrument’ is ‘In haste and with kind regards’. Handwritten corrections on the text of the ‘Instrument’ speak volubly about the wavering state of the maharajah’s mind. The instrument, extracted under coercion and duress, is invalid under law.

Subsequent accession resolution, passed by the occupied Kashmir’s ‘constituent assembly’ is also void. This resolution violates the Security Council’s resolutions forbidding India from going ahead with the accession farce. Aware of India’s intention to get the ‘Instrument of Accession’ rubber-stamped by the puppet assembly, the Security Council passed two resolutions to forestall the `foreseeable accession’ by the puppet assembly. Security Council’s Resolution No 9 of March 30, 1951 and affirmative Resolution No 122 of March 24, 1957 outlaws accession or any other action to change status of the Jammu and Kashmir state. India gives the impression that the USA considers the state’s so-called accession as legal. This is not true. On October 28, 1993, Robin Raphel, in her statement, clarified that Washington does not recognise the Instrument of Accession to India. In its perception, Kashmir was a disputed territory, not an integral part of India. The future status of the state remained to be determined in accordance with the wishes of the people of Kashmir.

We hear echo of Raphel’s statement in the resolution passed by International Commission of Jurists (ICJ), based in Geneva. The Commission pointed out that the resolution, passed by occupied-Kashmir legislature concerning Kashmir’s accession to India was bogus and null and void. Renowned journalist Alastair Lamb also regards the Instrument of Accession, ‘signed’ by the maharajah of Kashmir on October 26, 1947, as fraudulent (Kashmir – A disputed legacy 1846-1990). She argues that the maharajah was travelling by road to Jammu (a distance of over 350 km). How could he sign the instrument while being on the run for safety of his life? There is no evidence of any contact between him and the Indian emissaries on October 26, 1947.

Actually, it was on October 27, 1947 that the maharajah was informed by MC Mahajan and VP Menon (who had flown into Srinagar) that an Instrument of Accession is being fabricated in New Delhi. Obviously, the maharajah could not have signed the instrument earlier than October 27, 1947. The instrument remains null and void, even if the maharajah had actually signed it. The reason, as pointed out by Alastair is that the `signatures’ were obtained under coercion. She points out Indian troops had already arrived at and secured Srinagar airfield during the middle of October 1947. On October 26, 1947, a further airlift of thousands of Indian troops to Kashmir took place. She questions: “Would the maharajah have signed the Instrument of Accession, had the Indian troops not been on Kashmiri soil?”

It is eerie to note that India has never shown the original `Instrument’ in any international forum. If India was truthful, it should have the temerity to present the document to Pakistan or to the UN. Isn’t it funny that, in the summer of 1995, the Indian authorities reported the original document as lost or stolen? This fact further beclouds authenticity of the document. India took the Kashmir issue to the UN in 1948 under article 35 of Chapter VI which outlines the means for a peaceful settlement of disputes. India avoided presenting the Kashmir case under the UN Chapter VII which relates to acts of aggression. Obviously, it did so because it knew that the Kashmir was a disputed state. And, issue of its integration with India or Pakistan remained to be resolved.

From the foregoing, it is evident that the Instrument of Accession does not exist. The `accession’ of the disputed state, through a resolution of the puppet assembly, is null and void. This `resolution’ violates the Security Council’s directive forbidding India to forge unilateral ‘accession’ of the state.

Mr. Amjed Jaaved has been contributing free-lance for over five decades. His contributions stand published in the leading dailies at home and abroad (Nepal. Bangladesh, et. al.). He is author of seven e-books including Terrorism, Jihad, Nukes and other Issues in Focus (ISBN: 9781301505944). He holds degrees in economics, business administration, and law.

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South Asia

India’s Continuing Arrogance in Kashmir

Haris Bilal Malik

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On October 31, 2019, India formally split up the Muslim-majority region of Jammu and Kashmir into two federal (union) territories. By doing so India violated the UNSC resolutions on the matter and officially issued a new political map indicating Ladakh and Jammu as Indian Union Territories. According to this formal split,both the Jammu and Kashmir and Ladakh union territories will be administered by two lieutenant governors, Girish Chandra Murmu and Radha Krishna Mathur respectively. They are supposed to report to the Indian home secretary based in New Delhi. This clearly defines the motives of the Hindu nationalist government of BJP led by Prime Minister Narendra Modi which revoked Article 370 on August 5.Unfortunately, the prevalent security environment in Kashmir is dominated by the BJP, which has led India’s arrogance to determine the fate of the disputed region.

In the same vein, right before the formal enforcement of the constitutional split, a local body electoral exercise was carried out in the region. The maiden Block Development Council (BDC) Election was held on October 24 under much hype due to the evolved dynamics of the region. However, the region’s main parties such as the National Conference, Peoples Democratic Party, and Peoples Conference and other small parties had boycotted the local elections terming them as an ‘undemocratic’ exercise. These parties which have remained the major stakeholders in the politics of the region had turned out against the abrogation of Article 370 that granted the region special rights. It was also observed that the political parties had perceived this election as instead a “forced election” primarily because the region was still then under severe restrictions. Contrary to this general perception, the Indian government still carried out the post-revocation electoral exercise. This arrogant policy adopted by the Indian government seems to forcefully instill this notion of ‘our plan our vision’ by the BJP to decide the fate of the Kashmir region.

In addition to this notion, the Hindu-supremacist government of India, headed by Prime Minister Narendra Modi has been shamelessly flaunting the narrative that Kashmir has been ‘put in its place’. This means that contrary to the previous position of the Kashmir region as an autonomous entity under the Indian Union, it has been demoted to now being a ‘union territory’ like other union territories under the federal (Union) government of India. By doing so it seems that India is following a dangerous trajectory of dealing with Kashmir vis-à-vis Pakistan and the international community. In pursuit of its fascist vision inspired by its RSS ideology, the BJP led Indian state has blatantly ignored the global implications which its moves could have regarding the disputed region. Moreover, the ongoing crisis also provides an insight into Kashmir being a victim of the so-called rules based international order that has repeatedly failed to shield the Kashmiri people from the human rights violations of the Indian forces and protect their sovereign will.

It is worth mentioning here that Kashmir is one of the oldest issues pending at the UNSC table. The international community acknowledges Pakistan’s significance as the most important stakeholder vis-à-vis any development on the Kashmir issue. Contrary to Indian moves and suppression of Kashmiris, Pakistan has always insisted on the peaceful settlement of the Kashmir dispute under the UN mandate. Moreover, Pakistan has always encouraged international mediation offers from influential countries especially by the U.S. This was evident during Prime Minister Imran Khan’s first-ever visit to the US on July 23, 2019, when President Trump had offered to mediate  between India and Pakistan. The offer was greatly appreciated by Pakistan as it was aimed at some prospect of seeking a settlement given the evolved security dynamics of the South Asian region for the last few months. Whereas, India has often rejected such offers claiming Kashmir as its internal matter.

As evident from the above-mentioned developments, it seems that India aspires to increasingly project itself as a regional hegemon and as a potential superpower that can do whatever it pleases with a complete disregard for basic human rights. Under this notion, the BJP government led by Prime Minister Modi and inspired by Hindutva ideology is taking offensive measures to forcefully make Kashmir an integral part of India via its brutal political and military actions. The most considerable aspect of such belligerence is that India wrongfully perceives that Pakistan is unlikely to or perhaps unwilling respond to any Indian move based on certain political, economic and strategic restraints vis-à-vis India. This however is once again a grave underestimation of Pakistan’s resolve and the sensitivity with which such moves are being taken by the Pakistani leadership.

Hence at the present, the rash and irresponsible actions of the BJP led Indian government has once again put at stake the peace and stability of the entire South Asian region, bringing it once again to the brink of conflict. Despite all the criticism worldwide, with its politico-military offensive in Kashmir, it seems that India has already decided to determine the fate of the disputed region through sheer arrogance and brutality. India is mistakenly perceiving that such moves would likely tighten its grip over the restive region that is at the heart of more than 70 years of hostility with Pakistan. India’s policy to forcefully make Kashmir a part of the Indian Union by annexing it through political and military means would serve as a dangerous precedent. This poses a serious detriment towards the long-desired peaceful settlement of the Kashmir dispute and even with more disastrous consequences for the whole region.

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South Asia

Remapping Indian Occupied Kashmir: A Multipronged Travesty

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The second Presidential Order on the Reorganization of Jammu & Kashmir by India in 2019 is yet another outlandish decision to challenge the objectives of a peaceful coexistence. It is a call for altering an International Order more conversant to breach the democratic political norms, history and fundamental rights. Kashmiris are once again rebuffed of their demand for self-determination while being locked in an unprecedented brutal curfew entering into more than one hundred days. The desecration is obviously offensive.

Including the areas of Gilgit, Gilgit Wazarat, Chilhas and Tribal Territory of 1947, a part from the remaining areas of Leh and Ladakh districts of 1947 into the Indian Union is a violation of several United Nations Security Council resolutions passed decades ago. The Kargil District was already carved out.

Historically, there were 14 Districts of Jammu & Kashmir at the time of partition, which included Kathua. Jammu. Udhanpur, Reasi,  Anantnag, Baramullah, Poonch, Mirpur, Muzaffarabad, Leh and Ladakh, Gigit, GilgitWazarat, Chilas and Tribal Territory. The new districts included were Kupwara, Bandipur, Ganderbal, Srinagar, Budgam, Pulwama, Shupian, Kulgam, Rajori, Ramban, Doda, Kishtiwar, Samba and Kargil. The illustrative declaration of Muzaffarabad and MirpurKhas areas of Azad Kashmir which are under the administrative rule of Pakistan is an untenable denial of the history of the region.

To refresh their memories India needs to remember that at the time when Maharaja Hari Singh signed the controversial Instrument of Accession with India in October 1947, Gilgit was already inflamed with the passions of rebellion against Hindus and Sikhs living in Gilgit. While representing the will of his people, Muzzaffar, the raja orderly in Chilas said:

“The whole of Gilgit Agency is pro-Pakistan … we could never swear allegiance to Hindustan. Apart from religion, the Gilgit Agency is really a part of the NWFP and is therefore a part of Pakistan. If Kashmir remains independent, well and good … .But if the Maharaja through pig headedness and bad advice, political pressure or attractive remunerations accedes to Hindustan, then there will be trouble here!”

This was sensed by the British Administrator William Brown as well and decided to overthrow the then Governor Ghansara Singh in a bloodless coup d’etat in November 1947 and a provisional government was established by the locals of Gilgit. Raja Shah Rais was appointed as the president and Mirza Hassan Khan as the Commander-in-Chief. Pakistani political agent took over the region, once Khan Abdul Qayyum received a telegraph from Brown on November 16, 1947.

By May1948, the Gilgit Scouts had already taken over Baltistan, Ladakh and Skardu as well. Indian reinforcements were blocked at Dras and Kargil which helped them cut off Indian communications to Leh in Ladakh. However, Kargil was recaptured by them in autumn 1948 but Baltistan remained in control of Pakistan, after which India itself took the issue to the UN.

The current remapping of the region of Jammu & Kashmir is nonetheless not only a snubof facts but also adding into already destabilising factors in the region.The Pakistani parts of Kashmir to the north and west of the cease-fire line established at the end of the Indo-Pakistani War of 1947, or the Line of Control as it later came to be called, were divided into the Northern Areas in the north and the Pakistani state of Azad Kashmir in the south. The name “Northern Areas” was first used by the United Nations to refer to the northern areas of Kashmir. Pakistan has declared that “no step by India could change the disputed status of Jammu and Kashmir as recognised by the United Nations”, and has pledged time and again that it will continue to support the just struggle of the Kashmiris.

In an attempt to rewind the India of antiquity or revitalize the Indian Civilization lost in the international order of nation-states in the post WWI era, Narendra Modi’s arrogant Hindutva regime is non-realistic. The current attempt is a follow up of the Geospatial Information Regulation Bill (GIRB) passed by the Indian ministry of Home Affairs on May4, 2016, during his earlier tenure of rule on India. The Bill was meant to regulate the acquisition, dissemination, publication and distribution of geospatial information of India. It restricted the addition or creation of any information related to geospatial imagery, data acquisition through space or aerial platforms such as satellites, aircrafts, airships, balloons or unmanned aerial vehicles without the permission of the government of India. The Bill also made its violation indictable in contravention of the section 4 with a fine ranging from Rs. 1 crore to 100 crores or imprisonment for a period of up to seven years. The draft resolution had also decided to set up an Apex Committee, A Security Vetting Authority and an Enforcement and Appellant authority to only allow the distribution of maps considered right by the Indian government. It was deceptively declared to ensure the security, sovereignty and integrity of the state of India with impact on all who may or may not agree with the Bill defining the geographical boundaries of India. The spokesman of the Indian External Affairs Ministry Vikas Swarup once reiterated that the state of Jammu & Kashmir was an “integral part of India” and the GIRB was an “entirely internal legislative matter of India.”

Assaulting the international political system, human dignity, basic liberties and perpetual boundary disputes by the Indian offensive posture have added to the stressed political environment of the region. In case of the failure of the domestic proceedings to address human concerns, it becomes mandatory for the world community to ensure the respect of the world peace. History records that after the WWII, there had been 14 out of 21 major inter-state wars on territorial conflicts. Global history of cartography has always been closely linked. Situating the “geobody,” along with altering the archival documents by the nationalist regime of Modi largely emboldened by the Western powers for their own strategic and economic preferences, is a teasing question on the UN partiality. The history of border violations or failed negotiations over an issue increases the likelihood of armed conflict and nonbinding management.

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South Asia

Kartarpur Corridor: A message of Peace and Prosperity

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Kartarpur corridor was opened on 9 November 2019 (Saturday). It paved the way for the Sikh community to visit one of the most important religious shrines without a visa. There are approximately 150 million Sikhs around the world, out of which around 120 million are living in India. The other countries having the Sikh community are Afghanistan, Pakistan, UK, Canada, and USA.  However, the origin of the Sikh religion in Punjab, which was divided into Indian Punjab and Pakistani Punjab in 1947 at the time of independence of the sub-continent from British rule. The partition of Punjab has divided many Sikh families between Pakistan and India.  Due to political rivalry, among Pakistan and India, has adversely affected the Sikh Community. Some of the family members have never met in the last 72 years and few of them have already expired already.

While Sikh, Muslims and other religions lived together for centuries, especially in Punjab, and enjoyed complete harmony as the language and cultures are identical. But after partition, in 1947, the rivalry between Pakistan and India kept them separated for 72 years. With the opening of this Corridor, the Sikhs community in India becomes the most beneficiary and they are grateful for the gesture of goodwill by Pakistan.

The Kartarpur Corridor connects between Pakistan and India, the Sikh shrines of Dera Baba Nanak Sahib (located in Punjab, India) and GurdwaraDarbar Sahib (in Punjab, Pakistan). The corridor is intended to allow religious devotees from India to visit the Gurdwara in Kartarpur, 4.7 kilometers from the Pakistan-India border, without a visa.

The Corridor was first proposed in early 1999 by the prime ministers of India and Pakistan, Atal Bihari Vajpayee and Nawaz Sharif, respectively, as part of the Delhi–Lahore Bus diplomacy. On 26 November 2018, the foundation stone was laid down on the Indian side and after two days, on 28 November 2018, the foundation stone on the Pakistani side was laid down by Prime Minister of Pakistan, Imran Khan. The corridor along with all its allied services and amenities was completed in a record time frame. The corridor was completed for the 550th birth anniversary of Guru Nanak Dev on 12 November 2019. As a special to mark the 550th birth anniversary, the Government of Pakistan has waved the fee amounting to US Dollars 20 for three days. It has created a huge good-will.

The corridor has not only connected the Sikh community on both sides of the border but also opened a new chapter of religious tourism in Pakistan. There are many other religious sites in Pakistan, which belongs to Hindus or Sikhs religion and may attract devotees and visitors in thousands of thousands in number. Kartarpur corridor is just a beginning, if it goes smoothly, many new sites will be open to Hindus and Sikhs as well.

This will also generate an opportunity for economic activities and enhance people to people contact. Promote harmony and understanding between the two hostile nations. In fact, Kartarpur Corridor is a message of Peace and Prosperity.

Pakistan is a peace-loving nation and a very responsible state. Prime Minister of Pakistan Imran Khan is well matured, visionary leader. He said on this occasion “Pakistan believes that the road to the prosperity of the region and bright future of our coming generation lies in peace”, adding that “Pakistan is not only opening the border but also their hearts for the Sikh community”. The Prime Minister of India, Narendra Modi, compared the decision to go ahead with the corridor by the two countries to the fall of the Berlin Wall, saying that the project may help in easing tensions between the two countries.

Previously, pilgrims from India had to take a bus to Lahore to get to Kartarpur, which is 125 km journey although people on the Indian side of the border could physically see GurdwaraDarbar Sahib Kartarpur on the Pakistani side. An elevated observation platform had also been constructed on the Indian side, where people use binoculars to get a good view.

Indian Prime Minister Modi has thanked PM Imran Khan for his good-will gesture. It is hoped that India will reciprocate in the same manner and provide an opportunity to the People of Pakistan and Prime Minister of Pakistan Imran Khan to thanks Indian Prime Minister Modi.

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