Kashmir Dispute - A Brief History
Author: Dr. Ashiq Hussain
Kashmir as you know is one of the most beautiful places on Earth, beautiful people and a center of Sufism - a culture created by liberal Islamic and Hindu traditions. Even though this region is majority Muslim but almost divided into three equal sub-regions with majority Buddhist, Hindu and Muslim areas. It is painful that unrest in valley (one of the three regions) has dragged for two decades now and has been a flash point among unresolved disputes. A problem largely created by India's neighbor and fueled by Indian government's own apathy.
The state was created under the Treaty of Amritsar between the East India company and Raja Gulab Singh of Jammu who buys Kashmir Valley from the East India Company for Rs.75,00,000 (in 1846) and adds it to Jammu and Ladakh already under his rule. Kashmir Valley, a Muslim majority region speaking the Kashmiri language and a composite cultural identity called 'Kashmiriyat' transcending religious barriers, moreover, the people are hospitable and engage in Sufi tradition. Thus from the very beginning i.e. 1931 the movement against the repressive Maharaja Hari Singh begins. Hari Singh a part of a Hindu Dogra dynasty was ruling over a majority Muslim State and predominantly Muslim population was not adequately represented in the State's services. Thus it was in 1932, Sheikh Mohammed Abdullah sets up the All Jammu and Kashmir Muslim Conference to fight for Kashmiri freedom from the Maharaja's rule, which eventually became the National Conference in 1939. The Glancy Commission appointed by the Maharaja in its report in April 1932, confirmed the existence of the grievances of the State's subjects and suggests recommendations providing for adequate representation of Muslims in the State's services. Maharaja accepts these recommendations but delays implementation, leading to another agitation in 1934. Then Maharaja granted a Constitution providing a Legislative Assembly for the people, but the Assembly turns out to be powerless. National Conference then in 1946 launched Quit Kashmir movement demanding abrogation of the Treaty of Amritsar and restoration of sovereignty to the people of Kashmir during this movement Abdullah was arrested.
On 15 August, 1947 the Indian subcontinent becomes independent and Kashmir signs Standstill Agreement with Pakistan. Rulers of Princely States were encouraged to accede their States to either Dominion - India or Pakistan, taking into account factors such as geographical contiguity and the wishes of their people. The Maharaja of Kashmir delays his decision in an effort to remain independent. Being a Muslim majority State and adjacent to Pakistan, Kashmir was expected to accede to Pakistan; since the Hindu Ruler acceded instead to India, a dispute arose in the case of Kashmir.
Thus amidst the uproar of the independence and the partition of India in 1947, Hari Singh, the then Maharaja of Jammu and Kashmir, committed what has been labelled as one of the most controversial political acts of the twentieth century. He handed over control of the popular kingdom of Jammu and Kashmir to India, despite Pakistani protests and calls for a referendum that would allow the people of Jammu and Kashmir to decide whether they would rather accede to India or the newly created Pakistan. Barring National Conference, other political parties including the Muslim Conference and the Chiefs of Gilgit region, advised the Maharaja against acceding to the Indian Union. While in prison, Sheikh Abdullah wrote a letter to a friend in Jammu (which is published in the Congress press) in favour of accession of Kashmir to India. Abdullah was released from prison on 29 September 1947, in response to pressure from India. After his release, he advocated in favour of Kashmir's freedom before accession and thus continued to oscillate between a pro-India stance and demanding self-determination for Kashmiris.
Then the Maharaja of the State of Jammu and Kashmir signed the Instrument of Accession (IOA) on 26 October, 1947 acceding the 75% majority Muslim region to the Indian Union, following invasion by the tribesmen from Pakistan, according to the 1948 Indian White Paper, India accepted the accession, provisionally until such time as the will of the people can be ascertained by a plebiscite, since Kashmir was recognized as a disputed territory. It should be noted that the IOA itself does not specify any provisionality or conditionality of accession, while the White Paper specifies it clearly, thus creating a conflict between strict legal interpretation and repeated official promise made to the people of Kashmir.
The Indian army entered the state on 27 October to repel the invaders. On 27-28 October, Pathan tribesmen engage in looting and killing a large number of people in Baramula, which resulted in the migration of over 10,000 residents. There are also charges of atrocities by the Indian army. Sheikh Abdullah endorsed the accession as unplanned which would otherwise be ultimately decided by a plebiscite and thus he was appointed as head of the emergency administration. Pakistan reriated that the accession is illegal and the Maharaja acted under compulsion and that he has no right to sign an agreement with India when the standstill agreement with Pakistan is still in force.
In November 1947, India proposed Pakistan to withdraw all its troops first, as a precondition for a plebiscite, which Pakistan rejects on the grounds that the Kashmiris may not vote freely given the presence of Indian army and Sheikh Abdullah's friendship with the Indian Prime Minister, Jawaharlal Nehru. Thus Pakistan too proposed simultaneous withdrawal of all troops followed by a plebiscite under international help, which India rejected. Pakistan kept on sending regular forces to Kashmir and the first war over Kashmir broke out. Then on 1st January, 1948, India took the Kashmir problem to the United Nations (UN) Security Council.
On 1st January, 1949 a ceasefire between Indian and Pakistani was forced which left India in control of most of the valley, as well as Jammu and Ladakh, while Pakistan gained control of part of Kashmir including what Pakistan calls "Azad" Kashmir and Northern territories. Pakistan claimed it is merely supporting an native rebellion in "Azad" Kashmir and Northern Territories against repression, while India terms that territory as POK (Pakistan Occupied Kashmir).
On 5th January 1949, UNCIP (United Nations Commission for India and Pakistan) resolution stated that the question of the accession of the State of Jammu and Kashmir to India or Pakistan will be decided through a free and impartial plebiscite. As per the 1948 and 1949 UNCIP resolutions, both countries accepted the principle, that Pakistan secures the withdrawal of Pakistani intruders followed by withdrawal of Pakistani and Indian forces, as a basis for the formulation of a Truce agreement whose details were to be arrived in future, followed by a plebiscite. However, both countries failed to arrive at a Truce agreement due to differences in interpretation of the procedure for and extent of demilitarization one of them being whether the Azad Kashmiri army was to be disbanded during the truce stage or the plebiscite stage.
On 17 October, the Indian Constituent Assembly adopted Article 370 of the Constitution ensuring a special status and internal autonomy for Jammu and Kashmir with Indian jurisdiction in Kashmir limited to the three areas agreed in the IOA, namelyAbout the Author:Bhalessa, Dr. Ashiq
Article Source: ArticlesBase.com - Kashmir Dispute - A Brief History
