Kashmir Issue -- The Independence Movement
The history of Kashmir issue is a painful story of shameful retractions from solemn pledges, of tall claims on the stage and devilish misdeeds behind the curtain, of might throttling the right, of misrepresentation of facts and misinterpretation of agreements and of colonialistic approach to a problem concerning decolonisation. It is also a sad story of a simple problem being changed into an imbroglio by vested interests to avoid its equitable solution, of the basic right of self-determination being sacrificed at the altar of the selfish interests of bigger nations and international power politics. Besides being one of the most interesting but dangerous byproducts of the partition of Indian Sub-continent, creation of Kashmir issue was also an ill-conceived plan to keep India and Pakistan fighting and weakening each other so that they could not get strong enough to pose any danger to outgoing but fast fading British colonialism. The British rulers of India applied two different methods to determine the future of British India, the areas of subcontinent ruled directly by the British like Punjab, Bangal etc. and of over 500 semi-independent princely-states, Jammu Kashmir State being the largest and one the biggest in population among them. Muslim majority areas of British India formed the new independent state of Pakistan and the rest the Republic of India whereas the future of the princely states was to be determined by their respective rulers, most of them despots.
All except a few princely states including Jammu Kashmir and Hyderabad (Deccan) joined India or Pakistan without much difficulty. Kashmir was ruled by a Hindu Maharaja but about 80 percent of its population was Muslim whereas the ruler of Hyderabad was a Muslim but majority of its population was non Muslim .The rulers of both these states wanted independence having friendly relations with both India and Pakistan but the latter two had different designs. India wanted Hyderabad to become her part and Kashmir to become a semi-independent state under Indian occupation whereas Pakistan wanted Kashmir to become her part and Hyderabad to become completely independent having close relations with Pakistan. To serve their purposes, both started behind the scene activities. Mahatma Gandhi paid what was termed as a private visit to Kashmir towards the end of July 1947 and through a Hindu cleric who was also the religious mentor of Maharajas wife, made the Maharaja change his mind regarding declaring Independence for his State and to think seriously of joining India. The Kashmir Muslim Conference had irritated him earlier by demanding accession of the State to Pakistan .So he decided to defer his announcement but in the meantime (on 11th August1947) replaced his pro independence Prime Minister Mr. Kak by pro India Janak Singh and M. C. Mahajan in quick succession, the latter, in collusion with India’s minister for States Mr Menon, had already paved the way for making Kashmir part of India. In the meantime the Maharaja declared, pending announcement of his final decision about future of the State, to enter into “standstill” agreements with both India and Pakistan. India dilly-dallied signing it whereas Pakistan signed it under which civil supplies and communications of the State went to Pakistan’s control. Smelling-behind-the scene India-Kashmir activities, some Pakistani authorities also started playing tricks. They initially disrupted the smooth flow of civil supplies to Kashmir to pressurize the Maharaja. On Oct.4, 1947 some Kashmiris declared formation of a Provisional Republican Govt. for the State overthrowing the Maharaja .The declaration was made in Rawalpindi (Pakistan). On Oct 22,Pakistani tribesmen entered Kashmir “to free Kashmiri Muslims from Hindu rule”. But their behavior was most uncivilized. On Oct 24, 1947 the Provisional Republican Govt. was reorganized and headed by Sardar M.Ibrahim Khan, a member of Kashmir Assembly from Poonchh. A number of officers and soldiers of Pakistan Army were also engaged in Kashmir in civil cloths along with tribesmen but Pakistan claimed that neither was any soldier in Kashmir nor had Pakistan govt. any control over tribesmen. This gross misstatement on Pakistans part cost her and Kashmiris a lot. When UN came to know of presence of Pakistani soldiers and army officers in Kashmir and also that Pakistan had considerable control on tribesmen, it asked Pakistan to withdraw its forces and tribesmen from Kashmir before any further step could be taken to solve Kashmir Issue and made it part of UNCIP resolution of 13thAugust1948. Pakistan accepted the resolution but refused to withdraw all its forces from Kashmir arguing that India would immediately occupy the areas vacated by Pakistan. As such UN resolution could not be implemented and Kashmiris remained deprived of their right to shape their own future. Had not Pakistan made that mis statement about presence of her forces in Kashmir and about her control over tribesmen, Kashmiris would have not been deprived of their basic right. (Pakistan‘s another misstatement in 1999 claiming that Kashmiri freedom fighters had occupied Indian pickets in Kargil whereas it was Northern Light Infantry (NLI), an integral part of Pakistan army comprising personnel from Gilgit Baltistan that had done so. This miss statement on the part of Pakistan changed the genuine freedom struggle of Kashmiris into terrorism in the eyes of the world). When Pakistani tribesmen had entered Kashmir and started loot, arson and killing non Muslims, the Maharaja had fled Kashmir. When he reached Jammu Mr. V.P. Menon, Indian minister for States visited him with an instrument of states accession to India and made him sign it under duress. The Maharaja nevertheless attached a number of conditions for States accession to India concerning continuation of his own and State’s semi-independent status and non-interference by India in its internal affairs. India accepted the accession including Maharaja’s conditions and sent her armed forces to Kashmir.
Maharaja’s conditions were neither publicized nor implemented by India. Not only that, he was deprived of his status as the ruler of the State and ousted from it never to return to the State even as an ordinary citizen and died in exile in Bombay, India two decades later. India took the Issue to the United Nations in December 1947 accusing Pakistan of naked aggression in Kashmir and calling upon the world body to make Pakistan vacate Kashmir. India also declared in the UN Security Council on January 15,1948 that after return of normalcy to Kashmir, India would let the people of Kashmir decide themselves whether Kashmir should remain with India, go over to Pakistan or declare independence and seek UN membership. She also pledged that she would accept Kashmiri people’s verdict. Pakistan had a counter attack on India and accused her occupying bulk of Kashmir through conspiracies and blackmail and accused of India of resorting to malpractices in the states of Hyderabad and Junagarh also. In the beginning the title of this Issue under discussion in the Security Council was ‘Situation in Jammu Kashmir” but on Pakistan’s request it was changed into "India- Pakistan Question" on January 20, 1948 This change in the title of the debate changed the very complexion of the issue and it started giving the impression of being a territorial dispute between India and Pakistan rather than an issue concerning Kashmiris right of self determination.
The UN Security Council appointed the United Nations Commission for India and Pakistan (UNCIP) which, after exchange of views with the govt of India and Pakistan (Kashmiri leadership was ignored altogether) adopted the first detailed resolution on Kashmir Issue on August 13,1948. It provided for ceasefire, withdrawal of all Pakistani forces (and tribesmen) and bulk of Indian forces from Kashmir and then a plebiscite under UN supervision to determine the future of Jammu Kashmir State. Both India and Pakistan signed it and ceasefire came to effect on 1st January 1949, but when it came to withdrawal of armed forces, Pakistan refused to vacate Azad Kashmir saying that India would occupy it immediately. A proposal to let Pakistan retain a small force in Kashmir was rejected by India. This created the deadlock that could never be resolved hence the proposed plebiscite could not be held. Pakistan later asked UNCIP to change the wording of its resolution of August 13,1948 and got the scope of Kashmiris choice reduced to States accession to India or Pakistan thereby depriving Kashmiris of their right to opt for complete independence. In 1950-51 UNCIP reported its failure to resolve Kashmir issue to the Security Council, which appointed Sir. Owen Dixon as a sort of mediator. He after studying the issue in detail opined that a plebiscite as proposed by UNCIP could never be held in Kashmir and proposed the division of the State in three alternate ways. Both India and Pakistan rejected Dixon Plan, for different reasons though Two subsequent UN mediators also failed to evolve a practicable solution.
In1957, Kashmir started being sacrificed at the altar of international politics
Then Soviet Union was forcefully crushing the popular movements of Hungary and Czechoslovakia. India was one of the most important leaders of the Third World and could create difficulties for the Soviet Union for mass massacres in its colonies .The Soviets obliged India by vetoing two Security Council resolutions on Kashmir providing indirectly though, for right of self-determination for Kashmiris. So the rights of Kashmiris (as also of the people of Hungary and Czechoselwakia) were sacrificed at the altar of international politics. The 1962-3 India – Pakistan talks on Kashmir saw a major deviation in Pakistan’s Kashmir policy when it agreed that in place of giving right of self-determination to Kashmiris the Issue should be solved on the basis of the inequitable doctrine of ‘give and take’. Though the talks did not succeed but they paved the way for the doctrine to become permanent base for efforts to resolve Kashmir issue and the Simla Agreement of 1972, Lahore Declaration of 1999 and Islamabad Joint Press Statement of 2004 between governments of India and Pakistan are based on that doctrine of ‘give and take’. None of these Indo Pak agreements makes even a mention of Kashmiris’ internationally recognized and pledged right of self determination. These agreements do not accept the people of Kashmir even as a party to Kashmir Issue whereas they are the most important and worst effected party. The doctrine of ‘give and take’ may solve some small disputes amicably but to subject the future of a nation of over 16 million people, more in number than the individual populations of as many as 133 independent nations of the world, to the colonialist and selfish whims of its neighbors, the democratic India and Islamic Pakistan, is most inhuman because this approach is neither democratic nor Islamic.
The last UN resolution about Kashmir was the unanimous Security Council resolution No 1172 of June 6,1998 in which it resolved to facilitate India and Pakistan to solve Kashmir Issue provided both agreed to it but India doesn’t accept external interference basically because her stand on Kashmir is too weak to be accepted by any unbiased personality or a group of them as reasonable or humane. During the past about half a decade Pakistan, its military ruler General Pervaiz Musharraf to be precise, has presented about half a dozen solutions to Kashmir Issue including that of giving complete independence to the whole Jammu Kashmir State proposed on Oct, 25,2004 along with the proposals of Joint India-Pakistan Control on Kashmir and giving the entire State under UN Trusteeship for a certain period of time. But the General retracted from his tall declaration under pressure from the army, his Muslim League (Q) and a section of the media .He has also proposed self rule, demilitarization etc and has also played some important role in starting intra Kashmir bus service. But the general opinion is that all these proposed steps are ultimately leading to division of Kashmir on the basis of turning the Line of Control (LoC) into permanent India-Pakistan border ignoring the wishes and aspirations of the Kashmiri people. For all practical purposes, India has all along stuck to its colonialistic and baseless claim of Kashmir being her integral part whereas Pakistan has been chasing the looter to share the booty. Whatever they may be claiming, both are far more interested in the proprietorship of maximum possible chunk of the State of Jammu Kashmir than they are in the wishes and aspiration of its people.
In short the history of Kashmir issue has been best defined in the opening paragraph, which the readers better read again after going through the whole story.
ONLY WIN WIN SOLUTIONKASHMIR ISSUE – THE ONLY WIN-WIN SOLUTIONBy Amanullah Khan
About Six decades long history of Kashmir Issue is evident that the problem cannot be solved permanently unless the solution is acceptable to India, Pakistan and the people of Kashmir including both its Pakistani and Indian controlled parts. (Kashmir wherever mentioned in this article means Jammu in Kashmir State as it stood on August 14, 1947)
Over a dozen solutions of the Issue including the two publicly accepted by both India and Pakistan (S. Nos. 1 and 4 below) have so far been suggested by different quarters but could not be implemented for different reasons. Following were the important ones of these proposed solutions:-
UN supervised plebiscite per UNCIP resolutions to determine the future of Kashmir
The Dixon Plan
Division of Kashmir on religious lines
Final settlement of Jammu Kashmir through Indo-Pak bilateral negotiations
Complete independence of the whole State
Joint control of India and Pakistan
U.N. Trusteeship
Converting LoC into permanent Indo-Pak border
Self-rule
Demilitarization
None of these proposals could be implemented as one or the other party opposed it openly or created hurdles in the way of its implementation. Let me elaborate a bit
1. The UNCIP (UN Commission for India, Pakistan) resolutions of 1948 and 1949 agreed to and signed by both India and Pakistan provided for unilateral withdrawal of all Pakistani forces from the State before the proposed plebiscite and before India would even start withdrawal of her forces which Pakistan later refused to do arguing that India would immediately occupy the areas vacated by Pakistan. This created a deadlock which could not be resolved even by subsequent UN suggestion that Pakistan be allowed to keep a small force in Kashmir as India did not agree to its proposed strength. After 1957 India started claiming of entire Jammu Kashmir to be her integral part and refused to allow the promised plebiscite to be held. As such, the UNCIP resolutions remained unimplemented. Today Kashmiri nationalists also refuse to accept UNCIP resolutions as the final resolution does not accept Kashmiris’ right to opt for independence of their motherland.
2. Sir Owen Dixon, the UN representative appointed in early fifties, after realizing that the UNCIP resolutions could not be implemented, evolved a formula of his own suggesting that the territories of Azad Kashmir and Gilgit Baltistan should go to Pakistan, the non-Muslim majority areas of Jammu and Ladakh to India and the rest (Kashmir Valley and Muslim majority areas of Jammu and Ladakh) be either given full independence or opportuned to choose from independence, accession to Pakistan and accession to India. This formula was rejected by both India and Pakistan for different reasons though, hence could not be implemented.
3. Division of Kashmir on religious lines, known also as Chinab Formula, was first suggested by Pakistan during 1962-63 talks sponsored by the United States and UK but India rejected the suggestion outright.
4. India and Pakistan through their agreements of 1972, 1999 and 2004 AD agreed to reach a ‘final settlement of Jammu Kashmir’ through bilateral talks but have not succeeded so far mainly because these agreements were closely followed by some aggressive actions from them (occupation of Siachin by India violating Simla Agreement of 1972 and occupation of Kargil areas by Pakistan after Lahore Declaration of 1999) which strained their relations. Almost no progress has been made so far towards implementation of Kashmir specific provisions of the Joint Indo-Pak Statement of January 2004.
5. Complete independence of the whole State, though accepted by both India and Pakistan during early stages, was later opposed by both. Both created their own pets and puppets in Kashmiri leadership and used them to create hurdles in the way of movement for independence. Both silenced the voice for independence that arose occasionally, using carrot and stick recipe and going to the extent of helping each other in doing so
6.&7. The proposals of UN Trusteeship and Joint Control were rejected by India or Pakistan.
8. Converting the Line-of-Control (LoC) in Kashmir into permanent India-Pakistan border has now become the most favorite solution of the Issue for effective and interested sections of international community and also for Indians whereas Pakistan may also agree to it with some re-adjustments in LoC. But bulk of Kashmiris specially the nationalists will never accept it. India and Pakistan may well succeed in silencing Kashmiri nationalists temporarily, using their pet politicians and puppet governments in their controlled parts of Kashmir. But that silence will surely be the proverbial lull before the storm and a momentous independence movement will surely emerge therefrom sooner than later.
9&10. Self-rule for and demilitarization of both India and Pakistan controlled parts of Kashmir was proposed by President Musharraf of Pakistan in 2005 but India took no notice of them. But Pak President announced that he was ready to withdraw Pakistans claim on Kashmir, if India responded positively and representatives of both countries are busy having secret parleys. Nothing can however be said about the ultimate outcome of these parleys.
The aforementioned proposed solutions could not be implemented due to opposition to them by one or the other party to the issue arguing, rightly or wrongly, that they were detrimental to their national interests. None-the-less there surely does exist a way to solve the Issue without hurting the national egos or harming the legitimate interests of India, Pakistan or Kashmir
The solution of Kashmir problem that does not hurt the national egos or harm the legitimate interests of any of the three parties hence cannot reasonably be rejected by any of them, is that it should be peaceful, equitable, honourable and democratic
The only solution that fully meets this criterion is to re-unite the divided Jammu Kashmir State in several peaceful phases after simultaneous withdrawal from there of all Indian and Pakistani armed and civilian personnel and make it temporarily though, a fully independent State with a democratic, federal and secular system of government and having compulsory friendly relations with all its neighbours, with India and Pakistan in particular, who should undertake not to violate the borders or interfere in the internal affairs of Kashmir and the latter should pledge not to let its territory to be used against any of her neighbours. 15 years after independence, there be a free and fair referendum under international auspices in which Kashmiris will determine whether Kashmir should perpetuate its independence, become part of India or Pakistan or adopt any other course and that fair and democratic verdict of Kashmiri people be accepted by all concerned i.e. India, Pakistan, all Kashmiris and international community, as final settlement of the Issue and implemented
This is the only way Kashmir ‘imbroglio’ can be solved (1) without hurting the national ego of India or Pakistan or giving either of them a sense of defeat as neither of them will be required to hand over to the other the part of Kashmir under her control, (2) without harming the legitimate interests of either of them as Kashmir will be having compulsory friendly relations with both of them, (3) without causing bloodshed, mass-migration or communal disturbances and (4) on the basis of unfettered and freely expressed whishes and aspirations of Kashmiri people. What is all the more important, it will rid Kashmiris of their six decades long agony and ensure a peaceful, honourable and prosperous future for all the three i.e. India, Pakistan and Kashmir. In other words this will be a win-win-win solution for all the three parties to the issue, the only possible and practicable one to be so beneficial to all concerned. All that India and Pakistan will have to do to have these most precious gains is to part with the Kashmir territories now under their respective control and give them to their real owners, the people of Kashmir
Although there are a few minor ifs and buts in the way of implementation of this solution, a bit of selflessness, reasonability and far-sightedness on the part of India, Pakistan and Kashmiri leadership can easily remove these hurdles thereby heralding the dawn of an unimaginably bright future for their present and coming generations. Only the most stupid and unpatriotic among Indians, Pakistanis and Kashmiris can refuse to accept such a collossal gain at such a small price.
KASHMIR-- CREDENTIALS FOR INDEPENDENCEBy Amanullah Khan
Among about a dozen solutions to Kashmir Issue suggested by different quarters since creation of the problem in 1947, complete independence of the entire Jammu Kashmir State (commonly termed as Kashmir only) has enjoyed the covert support of the biggest number of Kashmiri people but since the solution has been unacceptable to India and Pakistan and to vested interests in both Indian and Pakistani controlled parts of Kashmir, open popular support to it has remained almost invisible. India and Pakistan, in spite of having supported independence to Kashmir at early stages of the issue, oppose it now, as they don’t want to part with their occupied parts of the State. They have created their pets and puppets in Kashmir who rule their respective areas turn by turn according to the whims of their masters. These pet politicians and puppet governments also oppose independence to entire Kashmir firstly because their respective masters in New Delhi and Islamabad want them to do so and secondly because re-unification and independence of the whole State will deprive them of the authority and the luxuries they have been and are enjoying.
Apart from the covert popular support that the idea of independence of the whole State enjoys and apart from the fact that independence is the only way Kashmir can be changed from a poisonous bone of contention to a bridge of friendship between India and Pakistan thereby assuring a peaceful and prosperous future for entire South Asia, Kashmir has very strong credentials of its own too to become a fully independent State! Let me enumerate and elaborate them.
1: History:Thousands of years long history of Kashmir is divided into eras of local and foreign rules. Its borders have also been expanding and shrinking occasionally. Before Muslims appeared on its political arena in the 14th century A.D, 21 dynasties of Hindus, Buddhists, Janis and Zoroastrians had ruled Kashmir out of whom 18 were local during whose rule Kashmir was an independent State. Muslims ruled it for 480 years (1339 to 1819 AD) out of which 246 years (more then half) were of complete independence which also include its golden era of Budshah Rule (142o to 1470) when Kashmir reached the zenith of its glory and prosperity. On the whole Kashmir has been a free and independent country for bulk of its history
2: Commitments:Both India and Pakistan who occupy parts of Kashmir territory stand committed to independence of Kashmir. There are dozens of examples each to that effect. Let me refer to only one each.
India:Addressing the UN Security Council on January 15, 1948, Gopala Swami Ayangar, the head of Indian delegation declared on behalf of India, “….. whether she (Kashmir) should withdraw from her accession to India and either accede to Pakistan or remain independent with a right to claim admission as a member of the United Nations- all this we have recognized to be a matter for unfettered decision by the people of Kashmir, after normal life is restored to them.” There could not be a stronger commitment from India to concede independence to Kashmir than one she made from the rostrum of the highest international forum.
Pakistan:The founder of Pakistan Quaid-e-Azam Muhammad Ali Jinnah had declared through his policy statements made on June 16, July 11, and July 30, 1947 that all princely states of the Subcontinent including Kashmir could opt for independence besides acceding to India or Pakistan.
3: Population and Area:The population of Kashmir is about 16 million, more than the individual populations of as many as 133 of 191 UN member nations. Its Area is over 2,17, 000 sq. Km, more than the areas of about 102 independent nations
4: Economic Prospects:The economic potentials of Kashmir i.e. Power Generation, Tourism, Forests, Cottage industries, Fruits, Minerals, Sericulture, and heavy skilled and unskilled manpower working abroad etc, are such that within a decade or so after independence and with proper planning, Kashmir can surely become the most prosperous country of the entire region
5: Defence of Kashmir:Kashmir is surrounded by mighty neighbors i.e. China, India and Pakistan with none of whom can Kashmir afford a conflict. As such, there are two alternative ways to ensure its security. the first and the preferable one is to enter into a treaty of peaceful co-existence with all its neighbors. If that does not work, we will enter into defence pacts with any of them. As such defence will not be a big problem for independent Kashmir
6: Education:Even today the aggregate literacy rate of Kashmir is higher than those of India and Pakistan. Tens of thousands of our engineers, doctors, scientists, and scholars can contribute to rapid development of our independent motherland
7: Freedom Struggle:According to opinion polls conducted by Indian newspapers, a big majority of people in Kashmir Valley and large number of people in Jammu and Ladakh areas are for re-unification and independence. During the freedom struggle started in 1988 by pro-independence JKLF, tens of thousands of freedom fighters have sacrificed their lives out of which a big number were pro independence. A number of pro independent organizations, JKLF being the most prominent and active among them, are working in all the three parts of the state
8: Infrastructure:At present Kashmir is divided into three administrative zones i.e. Indian controlled part and Pakistani controlled Azad Kashmir and Gilgit Baltistan. The Chinese administrated Aksai Chin is almost uninhabited. All the three have legislative assemblies, high courts, well-organized educational institutions, hospitals and quite efficient bureaucracy. So, independent Kashmir will not have to start every thing anew. All that will have to be done will be to restructure the existing institutions into the structure of a federal republic
All the aforementioned facts fully entitle Kashmir to complete independence even per norms of the UN and international law, and this entitlement is besides the fact that independence to Kashmir, having friendly relations with all its neighbours especially India and Pakistan, is the only way to bring durable peace to the area and also ensure a prosperous future for its huge populace numbering over one fifth of the entire humanity
In the light of these undeniable facts, India and Pakistan owe it to their future generations and the international community to world peace and to the principles and values that it stands for, to take steps conducive to conceding independence to Kashmir thereby ensuring peace, progress and harmony for entire South Asia.
KASHMIRIS' STRUGGLE FOR INDEPENDENCEBy Amanullah Khan
As has been mentioned in detail in the chapter on its history, Kashmir had, for most of the time, been an independent country until 1585-AD when Akbar, the powerful Mughal king of India, occupied it using effectively the recipe of ‘divide and rule’. Before that Kashmir had seen two golden eras as an independent country, the eras of Raja Lalita Datya (715 to 751 AD) and Budshah (1420 to1470 AD) when Kashmir was the most prosperous, most powerful, most advanced and most respected country in the region. The post 1585 period saw despotic and tyrant foreign rulers tread Kashmir one after the other.
For over three centuries during foreign occupation, Kashmiris did not dare to raise their voice in favour of independence. But during the first half of twentieth century there were movements one after the other, that paved the way for an organized movement for national liberation. During Nineteen- twenties two revolts, one by the laborers of Silk Factory and another by Srinagar notables who presented a memorandum to visiting British Viceroy heralded the dawn of popular awakening .The incident of 13July 1931 in which 21 Kashmiris were shot dead by the State Army became the foundation stone of a popular movement .In 1932 the first political-party of the-State was formed. Two year later first elections were held to establish the first legislative assembly of the State. In 1939 Muslim Conference was converted into a secular nationalist organisation, the National Conference, which within a few years adopted a manifesto named ‘New Kashmir’ proposing that Kashmir change into a sort of welfare state.
In 1946 National Conference started the famous ‘Quit Kashmir Movement’ asking the ruler-to quit Kashmir. Almost the entire leadership-of National Conference was put behind the bars accused of revolting and the party leader Sheikh Muhammad Abdullah sentenced to 9 years rigorous imprisonment
On June 3, 1947 the British rulers declared that they would quit the Subcontinent on August 14-15 1947, dividing British India into two independent States of India and Pakistan. The rulers of over 500 semi – independent States including Kashmir were given the authority to determine the future of their respective states.
Kashmir was in a typical position. An overwhelming majority of its people were Muslims, majority of whom would like the State to join Muslim Pakistan or declare complete independence whereas the ruler who had to make the decision was Hindu who would in his personal interests like the State of join India or remains independent. Finally he started thinking seriously of making his state an independent one having friendly relations with both India and Pakistan and his Prime Minister Mr. R. C. Kak, a Kashmiri Pundit (Hindu) agreed with him. On July 6,the Coordination Committee of Muslim Conference sent a telegram of congratulations to the ruler on expressing his desire to announce independence for his State. On June 16, July 11,and July 30,1947 Mr Jinnah, president of All India Muslim League declared through his policy statements that the princely states including Kashmir had the right to declare independence in addition to their right to join India or Pakistan.
On July, 18 the working Committee of Muslim Conference adopted a resolution in support of independence of the state but in the General Council meeting held the next day the majority adopted a resolution in support of States accession to Pakistan. In the mean time behind the scene parleys between second line leadership of National Conference and Mr Ghandi who was on ‘private visit’ to Kashmir, continued and they pressurized the ruler to remove pro- independence Mr Kak which the former did only four days before August 15, when people expected of the ruler and Mr .Kak to declare independence of Kashmir. Mr. Kak was replaced first by Janak Singh and then by Mr, M.C Mahajan, who had paved the way for States accession to India.
Mr. Ghandi had also advised the Maharaja indirectly though, to release popular Kashmiri leader Sheikh Muhammad Abdullah and win his support which the Maharaja did on September 29,1947 .The Sheikh sent a delegation to Pakistan to negotiate with Pakistani leaders about the future of Kashmir. But Pak authorities cold-shouldered and mistreated the delegation and it went back disappointed. Sheikh Muhammad Abdullah then approached Indian leadership, which offered him more than what he wanted
In the mean time on Oct.4, 1947 a group of Kashmiri leaders headed by one Mr. Anwar, (Actually Mr. Gulam Nabi Gulkar, a Muslim Conference member of Kashmir Assembly) declared formation of a Provisional Revolutionary Government for the State. On Oct.22, militant tribesmen from tribal areas of Pakistan entered Kashmir through Jhelam Valley Road and within a couple of days reached Baramulla, an important town of Kashmir Valley. Their treatment of Kashmiris especially non-Muslims was very cruel and uncivilized.
On Oct.24, the Provisional Revolutionary Government was reorganized with Sardar Muhammad Ibrahim Khan a member of Kashmir Assembly as President of Azad Kashmir.
On Oct.26, the Maharaja reportedly signed an Instrument of States conditional accession to India
On Oct.27, Indian Armed forces landed in Kashmir and after some initial casualties occupied Srinagar airport. Thus began a 15 months long war between India and Pakistan over proprietorship of Kashmir. A meeting each between Governors General and Prime Ministers of India and Pakistan failed to reach any solution. In the mean time, the Azad Kashmir government had established itself in the western parts of Kashmir and the people of Gilgit, with the help of Muslim officers of Kashmir Army and Gilgit Scouts, also established an independent government after dethroning and arresting Kashmir State Governor Brig Ghamsara Singh. That independent government was done away with by Pakistan two weeks later and the area taken over by Pakistani Political Agent.
India took the matter to the United Nations in December 1947 and on 15th January 1948 her representative declared in the Security Council that India recognized Kashmiri peoples right to join India or Pakistan or to remain independent and seek UN membership
UN efforts did not succeed beyond arranging ceasefire in Kashmir and failed to solve the issue due to one or the other party backing out of it’s pledges. In the mean time the National Conference in Indian held Kashmir convened a constituent assembly, which adopted a constitution providing full internal autonomy to Kashmir, India controlling only the defence, foreign affairs and communications. Under that constitution Kashmir had it’s own President, Prime Minister, national flag and national language (Urdu) and India could not take any step about Kashmir without approval of its assembly.
By 1952 differences erupted between Indian and Kashmir governments which were temporarily resolved through an agreement but the bitterness remained.
In June 1953 National Conference presented four alternate solutions for Kashmir Issue, one of them being complete independence for the whole State. But with the dismissal of National Conference government and arrest of its leaders by India on August9, 1953, the whole issue got relegated to background.
By the end of fifties a pro independence wave had engulfed the youth of Azad Kashmir and Kashmiris living in Pakistan and the wave came into limelight during the first general elections of Azad Kashmir held in 1961. The pro Pakistan presidential candidate Sardar Qayyum was defeated by Mr. K.H Khursheed who wanted the Azad Kashmir Government to be recognized by international community as the real successor of the semi-independent government of the Maharaja. That in a way meant independence. Four pro–independence members also got elected to 16 members Azad Kashmir Council. Two gentlemen khawaja Ghulam Nabi Gilkar and Mr. Daud contested presidential elections on the manifesto of outright independence for the State although they did not do well. Mr. Gilkar had also formed a pro independence party Jammu Kashmir Republican Party. Mr.KH Khursheed was forced to resign from the president-ship of Azad Kashmir in August 1964 accused of colluding with Sheikh Abdullah during his visit to Pakistan earlier, for working for independence of Kashmir.
India-Pakistan talks on Kashmir started after Indo-China war of 1962. Bhutto-Swarn Singh talks as they were called, decided in the very first meeting that during the talks Pakistan would not demand right of self determination for Kashmiris and India would not claim that Kashmir was her integral part and that the doctrine of ‘give and take’ would govern the talks. Pakistan started with offer of three Hindu majority districts of Jammu to India whereas India offered some minor adjustments in the ceasefire line.
Although Indian and Pakistani media was mum on these behind-the-scene happenings, the foreign media did carry the story. Kashmiri patriots were stunned to know about Pakistan stabing them in the back .So a big number of Kashmiri nationalist lawyers, journalists, student leaders and political workers assembled in Rawalpindi on May 12, 1963 and after exchanging views, formed Kashmir Independence Committee headed by Mr. G.M. Lone pro-independence member of Azad Kashmir Council who had done a lot of running about to convene the meeting. I, the editor monthly "Voice of Kashmir"f was asked to do most of writing work. The Committee declared that if it was thought unnecessary to determine the future of Kashmir through UN supervised plebiscite, the alternative should be reunification and complete independence of the divided Jammu Kashmir State and not its permanent division as being discussed by India and Pakistan during these talks. Fortunately the Indo-Pak talks failed as each wanted maximum possible chunk of Kashmir territory and the other did not agree. With failure of these talks after 6 rounds, Kashmir Independence Committee also became inactive after hectic activities for about a year and in 1965, most of its members joined the newly established pro-independence Jammu Kashmir Plebiscite Front (for Azad Kashmir and Pakistan).
J K Plebiscite Front (JKPF) was formed in April 1965 and stood for unfettered right of self-determination. Its Vice President G M. Lone , Secretary General Mr. Amanullah Khan ,Publicity Secretary Maqbool Ahmed Butt, and Finance Secretary Mir Abdul Qayyum along with, after failing to convince its Central Committee to adopt armed freedom struggle as one of its means to advance towards its ultimate goal of national liberation, established in August 1965, Major (Retd) Amanullah Khan an underground organisation, the Jammu Kashmir National Liberation Front (JKNLF).Its objectives was to struggle through all possible means including armed struggle, to obtain for the people of Jammu Kashmir State a position in which they would determine their future as sole masters of their homeland .In June 1966 Maqbool Butt and Major Amanullah Khan crossed over to Indian held Kashmir to indoctrinate youth there on independence ideology and impart training for armed freedom struggle. Before they could return to Azad Kashmir as decided, Maqbool Butt and some of his companions were arrested and one companion Aurangzeb killed by Indian army whereas Major Amanullah succeeded in crossing over to Azad Kashmir where he was arrested and kept behind the bars for a long time. Maqbool Butt and his companions were tried by India and sentenced to death. But before he could be executed, he along with two of his companions escaped from Srinagar Jail in December 1968 and crossed over to Azad Kashmir. In January, 1971,JKNLF got an Indian aeroplane hijacked to Lahore which initially gave lot of publicity on international level to Kashmir issue, the independence ideology and the NLF but later on Pakistan put the entire leadership of NLF and PF behind the bars alleging that the hijacking was Indian sponsored and subjected them to most inhuman mental and physical tortures. Their trial continued for two years. The court anyhow declared that NLF, PF and their leaders were Kashmiri patriots and that the hijacking was done under patriotic sentiments. Nevertheless one of the hijackers Hashim Qureshi was sentenced to 14 years imprisonment for his doubtful part in the hijacking. Maqbool But went to Indian held Kashmir again in 1976 and was arrested again and sent to gallows on Feb11, 1984 in Tihar Jail New Delhi.
In May 1977 JKLF was established in England and within a couple of years its branches were established in Continental Europe, USA, Azad Kashmir, Pakistan, Gilgit Baltistan, Indian held Kashmir and Middle East. At present, it is the main mouthpiece of the independence ideology in spite of being disintegrated a number times. All parties National Alliance (APNA) an alliance of about a dozen pro independence small groups is active in Azad Kashmir. A number of pro independence organizations are also active in Indian controlled Kashmir and Gilgit Baltistan too.
The reason why independence ideology has not made much headway despite having covert support of the majority of Kashmiri people is that both India and Pakistan have a colonialistic and selfish approach to Kashmir and are deadly opposed to its independence. Both have pets and puppet governments in their occupied parts of the State who stand in the way of independence. Both have imposed laws under which pro- independence Kashmiris cannot contest elections or exercise their vote, as there is no pro independence candidate in the field. My own case presents an interesting example of collusion between India and Pakistan against independentists. India has got a Red Notice (international warrants of arrest) issued against me by INTERPOL whereas Pakistan has confiscated my passport. The common purpose of both is to keep me from projecting the ideology of independence of Kashmir on international level.
Despite the unreasonable colonialistic and selfish attitude of India and Pakistan, despite most unpatriotic thought and action of most of Kashmiri leaders and despite unjust apathy of international community towards it, Kashmir is destined to reach its fully deserved and cherished goal of national independence sooner or later. That is the clear writing on the wall.
COMMITMENTS OF INDIA & PAKISTANON INDEPENDENCE OF KASHMIR
Quid-e-Azam Mohammad Ali Jinnah (The Founder of Pakistan)“…with the termination of paramount, Indian states would be free to join either the Hindustan Constituent Assembly or the Pakistan Constituent Assembly or to remain independent…"(Policy Statement issued June 16, 1947)
“……The second question that is engaging the attention of the Muslims of Kashmir is whether Kashmir is going to join the Constituent Assembly of Pakistan. I have already made it clear more than once that the Indian states are free to join either the Pakistan Constituent Assembly or the Hindustan Constituent Assembly or to remain independent………” Press Statement July 11, 1947
“….. .The legal position is that with the lapse of paramountcy on the transfer of power by the British, all Indian States would automatically regain their full sovereignty and independent status. They are, therefore, free to join either of the two Dominions or to remain independent….” Press Statement July 30, 1947
Pundit Jawaharlal Nehru (The first Prime Minister of free India)“Kashmir has been wrongly looked upon as a price for India or Pakistan. People seem to forget that Kashmir is not a commodity for sale or to be bartered. It has an individual existence and its people must be the final arbiters of their future……”(Speech in All India Congress Committee on July 9, 1951)
INDIA'S COMMITMENT AT THE UN“……Whether she (Kashmir) should withdraw from her accession to India and either accede to Pakistan or remain independent with a right to claim admission as a member of the United Nations ….. all this we have recognized to be a matter for unfettered decision by the people of Kashmir……” (Declaration in the Security Council Jan. 15, 1948 by Indian Representative G. S. Ayangar)
Zulfiqar Ali Bhutto, former President of Pakistan “…..History has shown us that no right of self determination can be achieved by proxy …….if the people of Jammu Kashmir want their independence, if they want to be liberated………, if they want to be free people in fraternity and friendship and comradeship with Pakistan, they will have to give the lead and we will be with them……no matter what the consequences....” (Speech in the National Assembly, July 14, 1972)
Mohammad Nawaz Sharif (Former Prime Minister of Pakistan)“……..I make it very clear that, of course, the right of self-determination means that let the Kashmiris decide as to what they want. This right of self-determination if exercised by the Kashmiris, of course, they have every right to decide whether they want to join Pakistan, they want to be independent or they want to join India…..”(Interview with BBC in Tehran: Broadcast 2010,2200, 2230 hrs PST on Feb. 18, 1992)
KASHMIR ISSUE CAN BE SOLVED IN 3 MONTHS IF....By Amanullah Khan
The very complicated-looking Kashmir Issue which has been hanging in the balance for the last about six decades, can surely be solved within three months to reasonable satisfaction of all concerned i.e. India, Pakistan, Kashmiri people and the international community. The only proviso to that is that the governments of India and Pakistan abandon their present selfish, cruel, expansionist and colonialist approach to Kashmir issue and, behaving like civilized nations believing in the values of justice, equity and morality, fulfill the pledges that they had given to Kashmiris, to each other, and to the world, the pledge of letting Kashmiris themselves determine their future. This proviso will be made easier if Kashmiri leadership on both sides of LoC, instead of acting as pets and puppets of India or/and Pakistan, act as Kashmiri patriots and also if international community, per its pledges given under UN SC resolutions specially the unanimous resolution No 1172 of 6th June 1998.persuade and facilitate India and Pakistan to honour their pledges. There are two ways India and Pakistan can honor their pledges. One way would be to let the divided Jammu Kashmir State be reunited after withdrawal from the State of all Indian and Pakistani civil and military personnel, and the reunited State made a fully independent State with a democratic, federal and secular system of government and having compulsory friendly relations with all its neighbours specially with India and Pakistan. There be agreements of peaceful coexistence between Kashmir and all its neighbours. This process will take a couple of months at the most. To make the solution strictly democratic, let the government of independent Kashmir pledge publicly that it will let a free and impartial referendum be held in the State after a set period of time and under international auspices to let Kashmiris determine whether Kashmir should perpetuate its independence, become part of India or Pakistan or adopt any other course and that popular verdict be accepted by all concerned as final settlement, of the Issue and implemented. The first and the basic phase, withdrawal of foreign civil and military personal, reunification and independence of the State is not going to take more than two months since administrative setup exists in all the three administrative units of the State i.e. Indian administered area, Pakistan administered area (Gilgit Baltistan) and Azad Kashmir. A new administrative setup will have to be created at the center which will not be very difficult. All the three legislative bodies put together will form the first National Assembly which will elect the central government.The other way to solve the Issue within three months will be to hold a plebiscite or a referendum in the re-united State after withdrawal of all Indian and Pakistani armed and civil personnel, to determine the future of the State. That would be under UN auspices or otherwise. That referendum will not take long as electoral lists are already in existence in all the three parts of the State. Other administrative details can be sorted out by consultation between the representatives of Indian and Pakistani governments and Kashmiri leadership. All that cannot take more than three months. As they say, where there is a will there is a way. If India, Pakistan, Kashmiri leadership and International community see reason and act the way suggested earlier. Kashmir issue can easily be solved within a few months and that solution can also herald the dawn of a peaceful and prosperous future for the entire region inhabited by over one fifth of humanity. But if India and Pakistan continue their present behaviour, neither can the Issue be solved nor can the two nations remain in peace or gain the otherwise deserved prosperity and respect in the comity of nations. If full justice is not done to Kashmir, it will continue eating into the vitals of both of them and may well cause their destruction. That is the clear writing on the world.
