What do the people in other parts of Jammu & Kashmir feel?
The people in other parts of the Indian side of Jammu & Kashmir are very alarmed with all the fighting in the Kashmir Valley. They are also afraid of the demands for separating Jammu & Kashmir from India. They want to be part of India and in recent years have been demanding that the state of Jammu & Kashmir be broken up and the other main regions, including Jammu & Ladakh, be put under direct rule of the Central Government in New Delhi. But the Indian government does not want Jammu & Kashmir to be broken up any further.
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 Pakistani 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 a "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 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. Once the people of Kashmir can safely vent their feelings and foreign mercenaries are captured or killed, peace has to come. But peace can never come if the Kashmiri decides to go on fighting. His honour has to come first. For this, Pakistan too has a role to play. It must stop sending the so-called Holy Warriors of Islam into Kashmir. The present dictator of Pakistan realises that Islamic fundamentalists are destroying Pakistan and he has ordered a crackdown against them. Once they are finished as a force, peace will surely come Kashmirs way.
How can others help?
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. The government of India and Pakistan also must be told that there can be no solution to the problem of Jammu & Kashmir without consulting all the peoples of the state, including those living outside the Kashmir Valley. Everybody can help by further urging Pakistani leaders to stop sending mercenaries to the Kashmir Valley and urging the Indian government to treat all Kashmiri fighters as freedom fighters and not terrorists. The Government of India must also be urged to recall most of its troops from the state and accord it the autonomy promised by the late Pundit Nehru. If this can be done, then Jammu & Kashmir and the world would be a safer place to live in.
Maharaja Hari Singh's Letter to Mountbatten
Text Of Letter Dated October 26, 1947 From Hari Singh, The Maharaja Of Jammu & Kashmir to Lord Mountbatten, Governor General of India.
Dated: 26 October 1947
My dear Lord Mountbatten,
I have to inform your Excellency that a grave emergency has arisen in my State and request immediate assistance of your Government.
As your Excellency is aware the State of Jammu and Kashmir has not acceded to the Dominion of India or to Pakistan. Geographically my State is contiguous to both the Dominions. It has jvital economical and cultural llinks with both of them. Besides my State has a common boundary with the Soviet Republic and China. In their external relations the Dominions of India and Pakistan cannot ignore this fact.
I wanted to take time to decide to which Dominion I should accede, or whether it is not in the best interests of both the Dominions and my State to stand independent, of course with friendly and cordial relations with both.
I accordingly approached the Dominions of India and Pakistan to enter into Standstill Agreement with my State. The Pakistan Government accepted this Agreement. The Dominion of India desired further discussions with representatives of my Government. I could not arrange this in view of the developments indicated below. In fact the Pakistan Government are operating Post and Telegraph system inside the State.
Though we have got a Standstill Agreement with the Pakistan Government that Government permitted steady and increasing strangulation of supplies like food, salt and petrol to my State.
Afridis, solidiers in plain clothes, and desperadoes with modern weapons have been allowed to infilter into the State at first in Poonch and then in Sialkot and finally in mass area adjoining Hazara District on the Ramkot side. The result has been that the limited number of troops at the disposal of the State had to be dispersed and thus had to face the enemy at the several points simultaneously, that it has become difficult to stop the wanton destruction of life and property and looting. The Mahora powerhouse which supplies the electric current to the whole of Srinagar has been burnt. The numer of women who have been kidnapped and raped makes my heart bleed. The wild forces thus let loose on the State are marching on with the aim of capturing Srinagar, the summer Capital of my Government, as first step to over-running the whole State.
The mass infiltration of tribesmen drawn from distant areas of the North-West Frontier coming regularly in motor trucks using Mansehra-Muzaffarabad Road and fully armed with up-to-date weapons cannot possibly be done without the knowledge of the Provisional Government of the North-West Frontier Province and the Government of Pakistan. In spite of repeated requests made by my Government no attempt has been made to check these raiders or stop them from coming into my State. The Pakistan Radio even put out a story that a Provinsional Government had been set up in Kashmir. The people of my State both the Muslims and non-Muslims generally have taken no part at all.
With the conditions obtaining at present in my State and the grreat emergency of the situation as it exists, I have no option but to ask for help from the Indian Dominion. Naturally they cannot send the help asked for by me without my State acceding to the Dominion of India. I have accordingly decided to do so and I attach the Instrument of Accession for acceptance by your Government. The other alternative is to leave my State and my people to free-booters. On this basis no civilized Government can exist or be maintained. This alternative I will never allow to happen as long as I am Ruler of the State and I have life to defend my country.
I am also to inform your Excellency's Government that it is my intention at once to set up an interim Government and ask Sheikh Abdullah to carry the responsibilities in this emergency with my Prime Minister.
If my State has to be saved immediate assistance must be available at Srinagar. Mr. Menon is fully aware of the situation and he will explain to you, if further explanation is needed.
In haste and with kind regards,
The Palace, Jammu Your sincerely,
26th October, 1947 Hari Singh
INSTRUMENT OF ACCESSION
Instrument of Accession executed by Maharajah Hari Singh on October 26, 1947
Whereas the Indian Independence Act, 1947, provides that as from the fifteenth day of August, 1947, there shall be set up an independent Dominion known as INDIA, and that the Government of India Act 1935, shall with such omissions, additions, adaptations and modifications as the Governor General may by order specify, be applicable to the Dominion of India.
And whereas the Government of India Act, 1935, as so adapted by the Governor General, provides that an Indian State may accede to the Dominion of India by an Instrument of Accession executed by the Ruler thereof.
Now, therefore, I Shriman Inder Mahinder Rajrajeswar Maharajadhiraj Shri Hari Singhji, Jammu & Kashmir Naresh Tatha Tibbet adi Deshadhipati, Ruler of Jammu & Kashmir State, in the exercise of my Sovereignty in and over my said State do hereby execute this my Instrument of Accession and
1. I hereby declare that I accede to the Dominion of India with the intent that the Governor General of India, the Dominion Legislature, the Federal Court and any other Dominion authority established for the purposes of the Dominion shall by virtue of this my Instrument of Accession but subject always to the terms thereof, and for the purposes only of the Dominion, exercise in relation to the State of Jammu & Kashmir (hereinafter referred to as "this State") such functions as may be vested in them by or under the Government of India Act, 1935, as in force in the Dominion of India, on the 15th day of August 1947, (which Act as so in force is hereafter referred to as "the Act').
2. I hereby assume the obligation of ensuring that due effect is given to provisions of the Act within this State so far as they are applicable therein by virtue of this my Instrument of Accession.
3. I accept the matters specified in the schedule hereto as the matters with respect to which the Dominion Legislature may make law for this State.
4. I hereby declare that I accede to the Dominion of India on the assurance that if an agreement is made between the Governor General and the Ruler of this State whereby any functions in relation to the administration in this State of any law of the Dominion Legislature shall be exercised by the Ruler of the State, then any such agreement shall be construed and have effect accordingly.
5. The terms of this my Instrument of Accession shall not be varied by any amendment of the Act or the Indian Independence Act, 1947, unless such amendment is accepted by me by Instrument supplementary to this Instrument.
6. Nothing in this Instrument shall empower the Dominion Legislature to make any law for this State authorizing the compulsory acquisition of land for any purpose, but I hereby undertake that should the Dominion for the purpose of a Dominion law which applies in this State deem it necessary to acquire any land, I will at their request acquire the land at their expense, or, if the land belongs to me transfer it to them on such terms as may be agreed or, in default of agreement, determined by an arbitrator to be appointed by the Chief Justice of India.
7. Nothing in this Instrument shall be deemed to commit in any way to acceptance of any future constitution of India or to fetter my discretion to enter into agreement with the Government of India under any such future constitution.
8. Nothing in this Instrument affects the continuance of my Sovereignty in and over this State, or, save as provided by or under this Instrument, the exercise of any powers, authority and rights now enjoyed by me as Ruler of this State or the validity of any law at present in force in this State.
9. I hereby declare that I execute this Instrument on behalf of this State and that any reference in this Instrument to me or to the Ruler of the State is to be construed as including a reference to my heirs and successors.
Given under my hand this 26th day of October, nineteen hundred and forty seven.
Hari Singh
Maharajadhiraj of Jammu and Kashmir State.
ACCEPTANCE OF ACCESSION BY THE GOVERNOR GENERAL OF INDIA
I do hereby accept this Instrument of Accession. Dated this twenty seventh day of October, nineteen hundred and forty seven.
Mountbatten of Burma
Governor General of India.
SCHEDULE OF INSTRUMENT OF ACCESSION
THE MATTERS WITH RESPECT TO WHICH THE DOMINION
LEGISLATURE MAY MAKE LAWS FOR THIS STATE
A. Defence
1. The naval, military and air forces of the Dominion and any other armed forces raised or maintained by the Dominion; any armed forces, including forces raised or maintained by an acceding State, which are attached to, or operating with, any of the armed forces of the Dominion.
2. Naval, military and air force works, administration of cantonment areas.
3. Arms, fire-arms, ammunition.
4. Explosives.
B. External Affairs
1. External affairs; the implementing of treaties and agreements with other countries; extradition, including the surrender of criminals and accused persons to parts of His Majesty's Dominions outside India.
2. Admission into, and emigration and expulsion from, India, including in relation thereto the regulation of the movements in India of persons who are not British subjects domiciled in India or subjects of any acceding State; pilgrimages to places beyond India.
3. Naturalisation.
C. Communications
1. Posts and telegraphs, including telephones, wireless, broadcasting, and other like forms of communication.
2. Federal railways; the regulation of all railways other than minor railways in respect of safety, maximum and minimum rates and fares, station and services terminal charges, interchange of traffic and the responsibility of railway administrations as carriers of goods and passengers; the regulation of minor railways in respect of safety and the responsibility of the administrations of such railways as carriers of goods and passengers.
3. Maritime shipping and navigation, including shipping and navigation on tidal waters; Admiralty jurisdiction.
4. Port quarantine.
5. Major ports, that is to say, the declaration and delimitation of such ports, and the constitution and powers of Port Authorities therein.
6. Aircraft and air navigation; the provision of aerodromes; regulation and organisation of air traffic and of aerodromes.
7. Lighthouses, including lightships, beacons and other provisions for the safety of shipping and aircraft.
8. Carriage of passengers and goods by sea or by air.
9. Extension of the powers and jurisdiction of members of the police force belonging to any unit to railway area outside that unit.
D. Ancillary
1. Election to the Dominion Legislature, subject to the provisions of the Act and of any Order made thereunder.
2. Offences against laws with respect to any of the aforesaid matters.
3. Inquiries and statistics for the purposes of any of the aforesaid matters.
4. Jurisdiction and powers of all courts with respect to any of the aforesaid matters but, except with the consent of the Ruler of the acceding State, not so as to confer any jurisdiction or powers upon any courts other than courts ordinarily exercising jurisdiction in or in relation to that State.
Excerpts of the speech by Sheikh Mohammed Abdullah in the UN Security Council Meeting No.241 held on 5 February 1948
I have heard with patience, attention and respect the statements made by the representatives of Pakistan and members of the Security Council, as well as the statements made on various occasions by the members of my own delegation... I have heard patiently to the debate in the Security Council, but I feel that I am rather confused. After all, what is the point in dispute? The point in dispute is not that the sovereignty of the Prince is in question, as the representative of Pakistan stated yesterday.....
The subject of the dispute before the Security Council is not the maladministration of the Princely State of Kashmir... the dispute revolves around the fact that Kashmir acceded legally and constitutionally to the Dominion of India... the tribesmen across the border have poured into my country. They have been helped and are being helped by the Pakistan Government, with the result that there is the possibility of a greater conflagration between India and Pakistan. But (the representative of Pakistan) completely denied that any support was being given by the Government of Pakistan to either the tribesmen or those who are in revolt within the State against the constituted authority...
But then this simple issue has been confused... Today Pakistan has become the champion of our liberty. I know very well that in 1946, when I raised the cry of "Quit Kashmir," the leader of the Pakistan Government, who is the Governor-General now, Mr.Mohammad Ali Jinnah, opposed my Government, declaring that this movement was a movement of a few renegades and that Muslims as such had nothing to do with the movement.
The Muslim Conference, which has been talked about so much, opposed my movement and declared its loyalty to the Prince. The representative of Pakistan now says that Sheikh Abdullah, once the supporter of "Quit Kashmir," has joined hands with the Maharaja of Kashmir....side..... But the State of Jammu and Kashmir, and its people, kept calm....
Why was that so? It was because I and my organization never believed in the formula that Muslims and Hindus form separate nations. We do not believe in the two-nation theory, nor in communal hatred or communalism itself. We believed that religion had no place in politics. Therefore, when we launched our movement of "Quit Kashmir" it was not only Muslims who suffered, but our Hindu and Sikh comrades as well....
The situation was worsening day by day and the minority in our State was feeling very nervous. As a result tremendous pressure was brought to bear upon the State administration to release me and my colleagues. The situation outside demanded the release of workers of National Conference, along with its leader, and we were accordingly set free.
Immediately we were liberated from the prison we were faced with the important question of whether Kashmir should accede to Pakistan, accede to India, or remain independent... We could not decide this all important issue before achieving our own liberation, and our slogan became "Freedom before accession." Some friends from Pakistan met me in Srinagar. I have a heart-to-heart discussion with them and explained my point of view....
While I was engaged in these conversations and negotiations with friends from Pakistan, I sent one of my colleagues to Lahore, where he met the Prime Minister of Pakistan, Mr.Liaquat Ali Khan, and other high dignitaries of the West Punjab Government. He placed the same point of view before them and requested that they should allow us time to consider this vital question, first helping us to achieve our liberation instead of forcing us to declare our decision one way or the other. Then, one fine morning while these negotiations were proceeding, I received news that a full-fledged attack had been carried out by the raiders on Muzaffarabad, frontier town in the Kashmir Province....
While the raiders came to our land, massacred thousands of people -- mostly Hindus and Sikhs, but Muslims too -- abducted thousands of girls, Hindu, Sikhs and Muslims alike, looted our property and almost reached the gates of our summer capital, Srinagar, the result was that the civil, military and police administration failed. The Maharaja, in the dead of the night, left the capital along with his courtiers, and the result was absolute panic. There was no one to take over control. In that hour of crisis, the National Conference came forward with 10,000 volunteers and took over the administration of the country. They started guarding the banks, the offices and houses of every person in the capital. This is the manner in which the administration changed hands. We were de facto in charge of the administration. The Maharaja, later on, gave it a legal form....
I was explaining how the dispute arose -- how Pakistan wanted to force this position of slavery upon us. Pakistan had no interest in our liberation or it would not have opposed our freedom movement. Pakistan would have supported us when thousands of my countrymen were behind bars and hundreds were shot to death. The Pakistani leaders and Pakistani papers were heaping abuse upon the people of Kashmir who were suffering these tortures.
Then, suddenly, Pakistan comes before the bar of the world as the champion of liberty of the people of Jammu and Kashmir....
I had thought all along that the world had got rid of Hitlers and Goebbels, but, from what has happened and what is happening in my poor country, I am convinced that they have only transmigrated their souls into Pakistan...
If Pakistan comes forward and says, "We question the legality of the accession," I am prepared to discuss whether or not the accession of Jammu and Kashmir to India was legal. However, now they say, "We want a plebiscite; we want to obtain the free and unfettered opinion of the people of Kashmir. There should be no pressure exerted on the people and they should make the free choice as to the State to which they wish to accede."
Not only is this the offer that was made by the people of Kashmir to Pakistan long, long ago, but it is the offer made by Prime Minister of India at a time when, I think, he had not the slightest need for making it, as Kashmir was in distress.
We realized that Pakistan would not allow us any time, that we had either to suffer the fate of our kith and kin of Muzaffarabad, Baramula, Srinagar and other towns and villages, or to seek help from some outside authority.
Under those circumstances, both the Maharaja and the people of Kashmir requested the Government of India to accept our accession. The Government of India could easily have accepted the accession and could have said, "All right, we accept your accession and we shall render this help." There was no necessity for the Prime Minister of India to add the proviso, when accepting the accessiion, that "India does not want to take advantage of the difficult situation in Kashmir. We will accept this accession because, without Kashmir's acceding to the Indian dominion, we are not in a position to render any military help. But once the country is free from the raiders, marauders and looters, this accession will be subject to ratification by the people." That was the offer made by the Prime Minister of India.
That was the same offer which was made by the people of Kashmir to the Government of Pakistan, but it was refused because at that time Pakistan felt that it could, within a week, conquer the entire Jammu and Kashmir State and then place fait accompali before the world, just as happened some time ago in Europe....
After all, we have been discussing the situation in Kashmir. I should say we have been playing the drama of Hamlet without the Prince of Denmark....
The Security Council should not confuse the issue. The question is not that we want internal freedom; the question is not how the Maharaja got his State, or whether or not he is sovereign. These points are not before the Security Council. Whether Kashmir has lawfully acceded to India -- complaints on that score have been brought before the Security Council on behalf of Pakistan -- is not the point at issue. If that were the point at issue then we should discuss that subject. We should prove before the Security Council that Kashmir and the people of Kashmir have lawfully and constitutionally acceded to the Dominion of India, and Pakistan has no right to question that accession. However, that is not the discussion before the Security Council....
Pakistan, the Security Council must send a commission to the spot to see whether the complaint brought before the Security Council is valid or invalid.... Therefore, somebody must go to the spot. Then at that time it would be for us to prove that the charges we have brought before the Security Council are correct to the last word. That is the only help, we want, and no other help.
U.N.Resolution August 13, 1948.
This is the most significant resolution passed by the UN on the state of Jammu & Kashmir. It clearly states that Pakistan was to vacate its troops from the whole of the state. It also mentions, albeit indirectly, that Pakistan had consistently lied on the question of whether or not its troops were involved in the fighting in Jammu & Kashmir. Once the then Pakistani Prime Minister conceded that Pakistani troops were indeed involved, the UN had no option but to ask for their withdrawal. That the withdrawal never took place, is another story.
The United Nations Commission for India and Pakistan.
Having given careful consideration to the points of view expressed by the representatives of India and Pakistan regarding the situation in the State of Jammu and Kashmir; and
Being of the opinion that the prompt cessation of hostilities and the correction of conditions the continuance of which is likely to endanger international peace and security are essential to implementation of its endeavors to assist the Governments of India and Pakistan in effecting a final settlement of the situation;
Resolves to submit simultaneously to the Governments of India and Pakistan the following proposal:
PART I: CEASE-FIRE ORDER
A. The Governments of India and Pakistan agree that their respective High Commands will issue separately and simultaneously a cease-fire order to apply to all forces under their control and in the State of Jammu and Kashmir as of the earliest practicable date or dates to be mutually agreed upon within four days after these proposals have been accepted by both Governments.
B.The High Commands of the Indian and Pakistani forces agree to refrain from taking any measures that might augment the military potential of the forces under their control in the State of Jammu and Kashmir. ( For the purpose of these proposals forces under their control shall be considered to include all forces, organized and unorganized, fighting or participating in hostilities on their respective sides.
C.The Commanders-in-Chief of the forces of India and Pakistan shall promptly confer regarding any necessary local changes in present dispositions which may facilitate the cease-fire.
D. In its discretion and as the Commission may find practicable, the Commission will appoint military observers who, under the authority of the Commission and with the co-operation of both Commands, will supervise the observance of the cease-fire order.
E. The Government of India and the Government of Pakistan agree to appeal to their respective peoples to assist in creating and maintaining an atmosphere favourable to the promotion of further negotiations.
PART II: TRUCE AGREEMENT
Simultaneously with the acceptance of the proposal for the immediate cessation of hostilities as outlined in Part I, both the Governments accept the following principles as a basis for the formulation of a truce agreement, the details of which shall be worked out in discussion between their representatives and the Commission.
A.
1. As the presence of troops of Pakistan in the territory of the State of Jammu and Kashmir constitutes a material change in the situation since it was represented by the Government of Pakistan before the Security Council, the Government of Pakistan agrees to withdraw its troops from that State.
2. The Government of Pakistan will use its best endeavour to secure the withdrawal from the State of Jammu and Kashmir of tribesmen and Pakistani nationals not normally resident therein who have entered the State for the purpose of fighting.
3. Pending a final solution, the territory evacuated by the Pakistani troops will be administered by the local authorities under the surveillance of the commission.
B.
1.When the commission shall have notified the Government of India that the tribesmen and Pakistani nationals referred to in Part II, A, 2, hereof have withdrawn, thereby terminating the situation which was represented by the Government of India to the Security Council as having occasioned the presence of Indian forces in the State of Jammu and Kashmir, and further, that the Pakistani forces are being withdrawn from the State of Jammu and Kashmir, the Government of India agrees to begin to withdraw the bulk of its forces from that State in stages to be agreed upon with the Commission.
2. Pending the acceptance of the conditions for a final settlement of the situation in the State of Jammu and Kashmir, the Indian Government will maintain within the lines existing at the moment of the cease-fire the minimum strength of its forces which in agreement with the commission are considered necessary to assist local authorities in the observance of law and order. The Commission will have observers stationed where it deems necessary.
3. The Government of India will undertake to ensure that the Government of the State of Jammu and Kashmir will take all measures within its powers to make it publicly known that peace, law and order will be safeguarded and that all human political rights will be granted.
4. Upon signature, the full text of the truce agreement or a communique containing the principles thereof as agreed upon between the two Governments and the Commission, will be made public.
PART III
The Government of India and the Government of Pakistan reaffirm their wish that the future status of the State of Jammu and Kashmir shall be determined in accordance with the will of the people and to that end, upon acceptance of the truce agreement, both Governments agree to enter into consultations with the Commission to determine fair and equitable conditions whereby such free expression will be assured.
Source: United Nations