Friday, December 26, 2008

Dispute over Kashmir during Partition

In 1935, British rulers compelled the Dogra King of Jammu and Kashmir to lease parts of his kingdom, which were to make up the new Province of the North-West Frontier, for 60 years. This move was designed to strengthen the northern boundaries, especially from Russia.


In 1947, the British dominion of India came to an end with the creation of two new nations, India and Pakistan. Each of the 562 Indian princely states joined one of the two new nations: the Union of India or the Dominion of Pakistan. Jammu and Kashmir had a predominantly Muslim population but a Hindu ruler, and was the largest of these autonomous states and bordered both modern countries. Its ruler was the Dogra King (or Maharaja) Hari Singh. Hari Singh preferred to remain independent and sought to avoid the stress placed on him by either India and Pakistan by playing each against the other.


In October 1947, the irregular Pakistani tribals made rapid advances into Kashmir (Baramulla sector) after the rumours that the Maharaja was going to decide for the union with India. Maharaja Hari Singh of Kashmir asked the Government of India to intervene. However, the Government of India pointed out that India and Pakistan had signed an agreement of non-intervention (maintenance of the status quo) in Jammu and Kashmir; and although tribal fighters from Pakistan had entered Jammu and Kashmir, there was, until then, no iron-clad legal evidence to unequivocally prove that the Government of Pakistan was officially involved. It would have been illegal for India to unilaterally intervene (in an open, official capacity) unless Jammu and Kashmir officially joined the Union of India, at which point it would be possible to send in its forces and occupy the remaining parts.


The Maharaja desperately needed the Indian military's help when the Pathan tribal invaders reached the outskirts of Srinagar. Before their arrival into Srinagar, India argues that Maharaja Hari Singh completed negotiations for acceding Jammu and Kashmir to India in exchange for receiving military aid. The agreement which ceded Jammu and Kashmir to India was signed by the Maharaja and Lord Mountbatten.


The resulting war over Kashmir, the First Kashmir War, lasted until 1948, when India moved the issue to the UN Security Council. The UN previously had passed resolutions setting up for the monitoring of the conflict in Kashmir. The committee it set up was called the United Nations Committee for India and Pakistan. Following the set up of the UNCIP the UN Security Council passed Resolution 47 on April 21, 1948. The resolution imposed that an immediate cease-fire take place and said that Pakistan should withdraw all presence and had no say in Jammu and Kashmir politics. It stated that India should retain a minimum military presence and stated "that the final disposition of the State of Jammu and Kashmir will be made in accordance with the will of the people expressed through the democratic method of a free and impartial plebiscite conducted under the auspices of the United Nations". The cease fire took place December 31, 1948.


At that time, the Indian and Pakistani governments agreed to hold the plebiscite but Pakistan did not withdraw its troops from Kashmir thus violating the condition for holding the plebiscite. Over the next several years, the UN Security Council passed four new resolutions, revising the terms of Resolution 47 to include a synchronous withdrawal of both Indian and Pakistani troops from the region, per the recommendations of General Andrew McNaughton. To this end, UN arbitrators put forward 11 different proposals for the demilitarization of the region - every one of which was accepted by Pakistan, but rejected by the Indian government. As a result plebiscite could never be conducted in Kashmir.

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