The Kashmir Problem

The State of Jammu and Kashmir (J&K) became an integral part of the territory of India on October 26, 1947. On this day, Maharaja Hari Singh, the monarch of Kashmir, signed the instrument of accession with the dominion of India. Its important to know that both India and Pakistan owe their existence to the India Independence Act passed by the British Parliament in 1947. This act conferred sovereignty on more than 600 Indian states and left them free to choose between the dominions of India and Pakistan. In other words, this act reversed the situation as it existed before British India came into existence. The only difference being, that this time they had to choose between India and Pakistan. They could not remain separate from both. Note that the Instrument of accession which Maharaja Hari Singh signed was the same as all the rulers of Indian states did. Whether it be for acceding to India or with Pakistan. It was not different in any sense or form. In view of the peculiar circumstances prevailing at the time of accession to India, this instrument was kept interim. In other words, the people of J&K had to ratify this agreement through a duly elected constituent Assembly. The peculiar circumstances were mainly two. Firstly, within two months of its formation, Pakistan had attacked India with the objective of acquiring Kashmir by force. When the State was at war, its people could not be taken for granted. Secondly, the demography of the state was peculiar. Apart from Muslims and Hindu Pundits, there were tribal of Ladakh, Leh and Kargil. Moreover, there were nomadic tribes. Therefore, the Instrument of accession between Maharaja Hari Singh and the government of India was treated as interim until it was ratified by a duly elected constituent assembly of Jammu and Kashmir. If the Union of India makes a liberal concession in view of certain circumstances prevailing at that time, no third party like Pakistan or the mercenaries supported by it may take advantage of this concession by claiming that this instrument is bogus or incomplete. By doing this, these terrorist groups are merely distorting facts and conducting Islamic propaganda of which the whole world is now aware. In 1776, only 13 States joined the Federation of the United States of America. In 2001, the number has risen to 52 and the relationship between the Federal government and the states has undergone major adjustments. So much so that the Federal government is much more powerful than it was in 1787. No third party may get up today and demand that the situation in U.S.A be reversed to that of 1787 or 1776. Or to a point before the American Civil War.

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