Jammu & Kashmir in the year 1947 was one of the 560 odd Princely States, which were not part of the territories under British rule but owed suzerainty to the British Crown. As per the Indian Independence Act, with the withdrawal of the British from India, the Rulers of these States were expected to join one or the other of the two new Dominions of India and Pakistan through the process of "accession", and all but 2 or 3 of them had exercised their choice by the dates decided for the declaration of Independence of both India and Pakistan.
The Maharaja who ruled the State of Jammu & Kashmir wanted more time to take a decision. He signed an agreement with Pakistan, called a "Stand Still" agreement. This was aimed to see that relations between the State and the Government of the territories directly ruled earlier by the British and now transferred to Pakistan may remain as before till the Maharaja decided on the question of accession. No such agreement had been signed with India . In the meanwhile he signed agreements with both Pakistan and India to remain neutral and not be part of either country. Pakistani raiders and soldiers attacked the state in 1947 forcing the Maharaja to seek help from India. The Maharaja asked India to help his people who were being killed and looted by the Pakistani raiders. But India could not help because till then Jammu & Kashmir was not part of India. The Maharaja realised this and offered to make Jammu & Kashmir part of India. The Governor General of India at that time was the British Lord Mountbatten, who accepted the Maharaja’s offer of accession. Thus the State of Jammu & Kashmir became a legal part of India.
It was only after that the Indian Army was sent to drive out the Pakistani invaders from the state of Jammu & Kashmir, which had just become part of India. This happened on 27 October 1947. Indian troops were flown into the Kashmir Valley and they managed to drive away most of the Pakistani raiders from the Valley. But a large area of the state remained under the control of Pakistani soldiers. These areas were difficult to reach because they were surrounded by tall mountain ranges. Also, India, which was militarily much stronger than Pakistan, wanted to put a stop to the fighting and have the area still occupied by the Pakistani invaders vacated by peaceful means. Thus the fighting ended and there was a "Cease Fire" on 1st January, 1949 with Pakistan still occupying a large area of the state. A part of the State, which the invaders had not been able to occupy, or from which they had been driven back, remained with India as the State of Jammu and Kashmir.
How did the fighting end ? Back To Top
The fighting ended in the beginning of 1949 because India did not want the war to drag on. India felt that other countries like America and Britain would ask Pakistan to also stop fighting and withdraw its soldiers from a State that had legally become part of India. India therefore, went to the world body called the United Nations or UN for short. India said that Pakistan had committed aggression and attacked Jammu & Kashmir which had then yet to decide whether it would join India or Pakistan and that State had now become part of India. Therefore, Pakistan should withdraw its soldiers from the State. The United Nations agreed with the Indian demand and asked Pakistan to withdraw its forces from Jammu & Kashmir. It also told India that after this withdrawal it should ask the people of Jammu & Kashmir also whether they wanted to be part of India or part of Pakistan through what was to be called a "Plebiscite".
This was because some people in the State wanted to join Pakistan while most of the others wanted to stay with India. The Prime Minister of India agreed to ask the people what they wanted through a process known as a referendum or plebiscite. Pakistan refused to vacate the areas of Jammu & Kashmir it had forcibly grabbed. Because of this a plebiscite could not be held. Powerful countries like America and Britain did not force Pakistan to withdraw its troops from Kashmir and some of them simply started calling the entire former Princely State as a "Disputed Territory".
Why was Jammu & Kashmir termed "Disputed Territory" ?
This was done essentially because despite the State having legally become a part of India, Pakistan continued to claim a right to the state of Jammu & Kashmir and ultimately the big powers, like the USA and Britain, who did not want to take sides, might have felt that it would be best if the problem of the state could be settled between India and Pakistan. India wants Pakistan to vacate the areas illegally occupied by it, and to settle the problems once and for all by negotiations and discussions with Pakistan. But Pakistan will only accept a solution under which it can get the Kashmir Valley for itself. India cannot allow this. Therefore, the so-called "dispute" continues to this day.
But what is the legal position on Jammu & Kashmir ? Back To Top
Legally, Jammu & Kashmir is an integral and inseparable part of India. The British had ruled India as one undivided country made up of many provinces and princely states. When they left, India was partitioned into two separate countries. The new country, as mentioned earlier, was called Pakistan. The British as well as the leaders of both India and Pakistan had agreed to one basic principle - every inch of land must go either to India or to Pakistan. In other words, people living in India before the partition of 1947, had only two options : they could either join Pakistan or they could join India. They could not remain independent.
In the case of Jammu & Kashmir some difficulties arose because the Maharaja of the State had wanted time to decide whether he should join Pakistan or join India. But the rulers of Pakistan did not want to give him the opportunity to decide and instead attacked his state, killing hundreds of people, indulging in large scale loot, rape and extortion, and causing extensive damage to property. The Pakistan action led the Maharaja to join India. A large number of Kashmiri people, including its largest political party which was led by a Muslim, Sheikh Abdullah also asked him to do so.
Was this decision on the Maharaja’s part legal ?
It was absolutely legal. According to the agreement on which the partition of India was based, the rulers of princely states, like Jammu & Kashmir, had the absolute right to decide whether they wanted to join Pakistan or India. There was never any question of holding a referendum or a plebiscite. The Maharaja of the state had joined India under the clear terms of the Indian Independence Act, which was the law under which India got Independence and Pakistan was created. Moreover, the largest Kashmiri party, the National Conference, was also overwhelmingly in favour of joining the secular democratic State of India and not Pakistan.
Why was a plebiscite not held ? Back To Top
The plebiscite was not held because Pakistan refused to vacate the large parts of Jammu & Kashmir that had been occupied by its soldiers. The plebiscite was meant for all the people of the state of Jammu & Kashmir and not just for those who lived in the Kashmir Valley. But the Pakistanis felt that the parts of the state they had captured was theirs and would not part with it and would rather consolidate and strengthen its hold there. Pakistan defied the agreement reached by the United Nations and refused to remove its troops. The powerful countries of the world did nothing to ensure that Pakistan honoured the UN Resolutions on Jammu & Kashmir and Pakistan soon joined the cold war alliances with some of these powerful countries. Conditions could not, therefore be created to let India hold a plebiscite.
Why could not India hold a plebiscite in the part of Jammu & Kashmir which still remained in and part of India ?
In 1947, when the Pakistanis attacked Jammu & Kashmir, the most popular leader of that state was a man named Sheikh Abdullah. He was a friend of the Indian Prime Minister, Pandit Jawaharlal Nehru. Both men believed in secularism, which is a concept that allows people of all religions and creeds to live together. Pakistan on the other hand, was created on the basis of religion. The leaders of Pakistan wanted a country where only Muslims would rule. Indian leaders, on the other hand, felt that anybody could rule as long as the people elected that person. Sheikh Abdullah preferred the idea of secularism and democracy. He therefore wanted Jammu & Kashmir to be part of India rather than part of Pakistan.
At the same time, the Hindus who were a majority in the Jammu region and most of the others there also did not want to join Pakistan. Nor did the people of Ladakh. Since all these groups wanted to be with India, there was no point in holding a referendum or plebiscite on the Indian side of Jammu & Kashmir. Instead, in 1951, the people on the Indian State of Jammu & Kashmir elected a Constituent Assembly which made it clear that the State would remain part of India and not become part of Pakistan. Officially speaking, they "ratified Jammu & Kashmir’s accession to India". This meant that henceforth there could be no question of holding a plebiscite in the state of Jammu & Kashmir and that the remaining question would only be about what should happen about the areas still illegally occupied by Pakistan.
Why cannot a plebiscite be held today ? Back To Top
A plebiscite cannot be held today for two reasons. Firstly, today the plebiscite cannot cover the whole of the state of Jammu & Kashmir as it existed in 1947. Pakistan continues to illegally occupy and militarily control a large chunk of Jammu & Kashmir called Pakistan Occupied Kashmir (POK) and does not allow the people there any freedom of choice. In most of the areas of POK the local people have no democratic rights at all. In a smaller part which ironically Pakistan calls "Azad (free) Kashmir", while theoretically there is an elected Government, the administration is practically under the complete control of Government of Pakistan, and the people are fearful and debarred from even talking against Pakistan. For all practical purposes, the territory and the people captured by Pakistan in 1947 have been incorporated into Pakistan. These people have always been ruled by Pakistan and have not been given the opportunity to learn what democracy is all about. A large number of people from other parts of Pakistan have also been settled in these areas. Unless, Pakistan agrees to give the original people of this area a chance to participate in a plebiscite, it will be of no use. Also, Pakistan has given away a part of the state to China without consulting anyone. So, for all practical purposes, the state in which the plebiscite was to be held no longer exists. Secondly, Jammu and Kashmir became a legal and integral part of India many years ago. Today, no Indian government can allow some separatists in Jammu & Kashmir to try and make the State break away from India mainly on the ground of their religion. India is a country with many States and languages and large populations of every religion of the world who mix and live peacefully and freely together. It cannot permit each separate religious group to break away, as no other country in the world would.
Why is there so much trouble in Kashmir nowadays ?
Pakistan wants to annex the Kashmir Valley because, according to them it is a Muslim majority area. It started two wars with India in 1947 and 1965 to get Kashmir but was defeated both times. Pakistan then began to foment rebellion among the Muslims and induce them to fight India in the name of "freedom" and self "determination". Some disgruntled Muslim people in Jammu & Kashmir decided to go along with the Pakistani plans and began to demand secession, and started taking resort to terrorism to force their demands. They started to kill people in the Kashmir Valley and in other parts of the state to try and force a separation from India on behalf of Pakistan. They have killed thousands of people belonging to different religions including a large number of Muslims including innocent men, women and children. Nearly 300,000 people mostly Hindus had to run away from the State to escape the targeted attacks of the terrorists and take shelter in different parts of India. To protect the lives of people and counter these terrorists, the Indian government has had to take action.
How did Kashmiri terrorists dare to take on Indian soldiers ? Back To Top
Since the terrorist leaders ( often called rebels ) and their sponsor i.e. Pakistan knew they could not fight the Indian government and the security forces, the Pakistani leaders assured them all help. The Pakistanis felt that if India was forced to give up the Kashmir Valley, then they would grab it for themselves. The Pakistanis opened camps for training of the terrorists, they provided them huge quantities of weapons, bombs and explosives and other military hardware, as also funds to buy these things. They also send thousands of Pakistani nationals and other foreign mercenaries to help the terrorists to carry on the secessionist campaign on Pakistan’s behalf. On the other hand, the task for India becomes very difficult when its people have to deal with terrorists.
What is the situation in the Kashmir Valley today ?
Most Kashmiris are disillusioned with all the killing and fighting. They want peace. Elections were held in the State, including the Kashmir Valley last year and Jammu & Kashmir’s main political party, the National Conference (NC) was voted to power with two-thirds majority in the Legislative Assembly. The leader of the Party, Dr. Farooq Abdullah who is a Muslim was elected as the Chief Minister and his Government is in power in the State today. He has clearly said the Jammu & Kashmir is a part of India and cannot and will not become part of Pakistan. He has pledged to fight against the terrorists who want to break the State away from India. He has also invited the secessionist political leaders, who had stayed away from the elections for fear of losing, for a dialogue, but they are yet to respond.
Why does violence continue in Kashmir even after the elections ?
When Kashmiris began to grow disillusioned with the fighting, the Pakistanis realised that an opportunity to grab the Kashmir Valley was slipping out of their hands. They therefore sent trained people from Pakistan, Afghanistan and other places to fight in Kashmir. Most of these new fighters were mercenaries and were paid to fighting Kashmir. These mercenaries were also told that the Muslim faith was in danger and that they were fighting a "Jihad" or Holy War. They have been asked to try and continue the violence and particularly to kill political leaders and former Kashmiri terrorists who have stopped fighting. These foreign mercenaries have no love for the ordinary Kashmiri and have caused them a lot of harm, killing their men and raping their women. They are also responsible for the abduction of six foreign tourists two years ago. One of the tourists, who was an American, managed to escape while another, a Norwegian, was cruelly beheaded. Four tourists remain hostages. Their fate is not known. Such terrorists and mercenaries are gradually getting more and more isolated and it is hoped that complete peace will come soon.
What do the people in other parts of Jammu & Kashmir feel ? Back To Top
The people in other parts of the Indian State of Jammu & Kashmir i.e., Jammu and Ladakh are very alarmed with all the fighting in the Kashmir Valley. They are completely against separating Jammu and Kashmir from India. They want to be part of India. The people in these regions, Muslims, Hindus and adherents of other religions, have also stoutly resisted attempts by the terrorists to divide them and make them fight along religious lines.
What about the people on the Pakistani side of Jammu & Kashmir ?
The Pakistani side of Jammu & Kashmir has been divided into two main parts. The largest part is called the Northern Areas. Here the people have no political or human rights and are ruled directly by Pakistan. They cannot express an opinion. But of late they have begun to rebel against Pakistan. The Pakistan Army has crushed these rebellions with brute force. The other part of Pakistan Occupied Kashmir is a tiny portion called Azad Jammu & Kashmir. Azad in the Urdu language means free. The people settled here are also not very happy with Pakistan but know that they cannot gain independence even though theirs is a supposedly "free" country. Their leaders are supported by Pakistan and given lots of money. These leaders are comfortable with Pakistan and want to remain in Pakistan. Others do not want to stay in Pakistan but most do not dare protest for fear of being killed or imprisoned.
Will peace ever come to Kashmir ?
Yes, it will. The newly elected Chief Minister of Jammu & Kashmir has promised to end terrorism in his state with the help of the Indian Government. The common man in Jammu & Kashmir also wants peace and the resumption of normal life. Many of those who were formerly operating as terrorists have also given up the gun and want to resume normal lives. More and more of the others, who continue to wield the gun are getting exposed. Therefore, it is hoped that peace will come about soon.
How can others help ? Back To Top
The violence in Jammu & Kashmir continues because terrorists fighting here are helped by Pakistan. The government of Pakistan refuses to reconcile to the fact that Jammu & Kashmir is part of India. Therefore, the Pakistanis do not want peace to return to Jammu & Kashmir. They are determined to keep the fires of violence and hatred burning on the Indian side of Jammu & Kashmir. In the meanwhile, innocent people in Kashmir are getting caught in the crossfire. People from all over the world can help by urging their leaders to tell Pakistan to accept the reality in Kashmir and negotiate a final settlement with India so that both countries can live in peace. Everybody can help by further urging Pakistani leaders to stop sending terrorists to the Kashmir Valley. If this can be done, then Jammu & Kashmir would be a safer place to live in and the thousands of Kashmiris who have had to leave their homes because of terrorism can go back. If this can be done, the hundreds of thousands of tourists who used to come to this haven till only eight years ago can also start coming back again and without any fear, and the livelihood of thousands of Kashmiris who provided hospitality and services to these visitors can also be restored. If this can be done there will be no more guns to disturb the peace, beauty and nature of this beautiful area which had been described as a "Paradise upon Earth" by one of the former Mughal Rulers of India.
Source : Jammu & Kashmir Awami Tehreek Jammu & Kashmir Peoples Movement
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