How Jammu & Kashmir acceded to India?
Jammu & Kashmir’s accession to India did not take place like other princely states. When India got freedom from British on August 15, 1947, and the new nation Pakistan was created, the 565 Pricely states were given a choice to choose whether they like to be part of India or Pakistan, or to stay independent. Maharaja Hari Singh of J&K chose to stay independent, Kashmir remained independent for only 2 months and 7 days, when on 22nd October, 1947, the militia from NWFP (North Western Frontier Province) of Pakistan’s tribal region invaded Kashmir to overthrow Maharaja. Due to this invasion, Maharaja left Kashmir for Jammu, to ask India for help in terms of defense forces, he was made to sign the instrument of accession by an aide of Jawaharlal Nehru, but he did not sign the instrument of merger. The Indian forces landed in J&K, this led to the first Indo-Pak war in 1947, which lasted till 31st December 1948. On 1st January 1949, a ceasefire between India and Pakistan was declared. Indian forces gained the control of Jammu, Kashmir and Leh, while Pakistan gained the control of Muzaffarabad and Gilgit-Baltistan. The accession of J&K to India was conditional, it authorized India to administer the matters of Diplomacy / foreign affairs, communication and defense. J&K did not acceed to India like other princely states, Sheikh Abdullah the remarkable leader of Kashmir’s Muslim Conference was made its Prime Minister and Dr. Karan Singh became its first Sadr-i-Riyasat (President).
Why was Kashmir issue taken to the United Nations ?
Sheikh Abdullah endorsed the accession but terms it ad hoc which would be ultimately decided by the people of Jammu and Kashmir. By both nations claiming Kashmir as their atoot ang (integral part) and shah rag (jugular vein), led to the dispute between India and Pakistan. This dispute was taken to United Nations, an institute, which was newly created after WWII. India took the Kashmir problem to the United Nations (UN) Security Council on 1 January 1949. UN, after recognizing it as a disputed territory, called for plebiscite to be held in J&K after demilitarizing the region by both India and Pakistan, both the nations being cynical and skeptical of each other, are not able to demilitarize their respectively administered parts of Kashmir.
Article 370 and it’s alteration
When Constitution of India was drafted, Article 370 was assimilated in it as a temporary provision, it was so, because India had made a promise to hold a plebiscite in J&K, where people would be given the right to choose whether they want to remain Independent, acceed to Pakistan or stay with India. This promise / stand was taken by India in UN and also the former PM of India, J. Nehru promised the people of Kashmir in Lal Chowk Srinagar in November 1947, that India will hold plebiscite in J&K. Article 370 is like a filter, a joint between the constitutions of India and J&K, the laws passed in Parliament of India are filtered / ratified under Article 370, before implementing in J&K. In 1947, Article 370 gave coverage and protection to many imperative provisions of J&K constitution, some of which have been eradicated by India through various Kashmiri administrators, e.g, Kashmir used to have its own Prime Minister and President / Sadr-i-Riyasat, as it was called back then, till 1965, when the provision was abolished. In present, the only crucial provisions of J&K constitution that are protected by Article 370, is State Subject Act and Article 35-A of J&K constitution, which does not allow, non-state subjects to buy an immovable property or employment under State government.
India’s deception of Sheikh Abdullah
As I mentioned above, Sheikh Abdullah recognized the accession of J&K to India as ad hoc. As the time passed, Nehru did not fulfill the promise he had made to Kashmiris, before UN, this led to an Independence movement led by Sheikh Abdullah and his companions, he was ultimately removed from the office of PM and was sent to jail for 21 years.
Rigging of 1987 Elections
The 1987 elections of J&K are considered infamous. MUF (Muslim United Front) a newly created party in Kashmir who accused NC and Central government of rigging the 1987 elections. By this act, India turned Kashmir more bitter place, this led to peaceful protest by youth, who were detained and interrogated by Indian forces, when released, thousands of those young boys went across the LoC for arms training, this led to the guerilla warfare between Indian forces and Kashmiri militants.
Militancy in Kashmir
Militants were all across the valley by 1990, they enjoyed support from public, they were viewed as heroes. The mainstream militant group of that era was JKLF (Jammu Kashmir Liberation Front). India deployed hundreds and thousands of troops in the valley, turning Kashmir into a military occupation and it is a universal fact that people in a military occupation are not treated well. Moreover, the military in Kashmir enjoyed free hand, they could kill anyone, abduct anyone, rape anyone without being accountable before any court, they were given free pass under TADA, POTA and then AFSPA. Hundreds and thousands of boys have disappeared in their detention / interrogation centers, hundreds and thousands have been killed and maimed. India tried to negotiate with JKLF by sending the members of civil societies, US and EU diplomacy as interlocutors with an intention of initiating dialogue with separatist leaders, this led to unilateral ceasefire by JKLF.
Aftermath
After JKLF was made to ceasefire with the promise of initiating dialogue, India held election in J&K in 1996, this was one more blow to the hopes of Kashmiris. These deceptions of India over the decades have made Kashmiris cynical and created hatred and skepticism regarding India in the psyche of Kashmiris. The 2008, uprising was peaceful, but protesters were shot at, same happened in 2010 and is currently going on in 2016. In February 2016, Jatts in Haryana went on a mass rampage, cutting water supply to capital, vandalizing public and private properties worth Rs. Billions and raping womenmen, none of them was even beaten with sticks by Indian forces, they were dispersed by water canons. Coming to Kashmir, India refers to Kashmir as “integral part”, but every Kashmiri protester even civilian in hostile situation is treated like an armed rebel by Indian forces, the waving of Pakistan flags in Kashmir is due to love towards Pakistan, as Pakistan has always supported the freedom struggle in Kashmir, and it is not illegal to wave Pakistani flag in India. All the literture mentioned above is on the record. Now, it is upto you to judge whether kashmiris are fighting for their rights or are they committing sedition against India.
The views are authors own, this is an Op-Ed
By: Shahzeb Khan
Law Student, KU