- How it was betrayed
By Dr Rajkumar Singh
The Kashmiris’ thrust for equality, justice and just administration, and ultimately a democratic set-up, went back to the 1930s when organised résistance commenced against the then autocratic rule of the Dogra dynasty. A new generation of university-educated Kashmiri Muslim youth under the leadership of Sheikh Mohammad Abdullah began to organise and the All Jammu and Kashmir Muslim Conference was formed in 1932 to coordinate the popular movement for democratic government and social justice. In 1938 a split developed in the Muslim Conference and almost its entire organisation in the Kashmir Valley led by Sheikh Abdullah reconstituted as the National Conference. The Muslim Conference aimed to achieve justice only for Muslims, while the new organisation (NC) realised that in a land with a multi-religious and multi-linguistic society, a communal party would not be a success, for it could never reflect the problems and dreams of the masses. Its chairman Sheikh Abdullah, in March 1938, emphasised the need of communal harmony and mass participation in the political process of the state.
Cultural background of Jammu and Kashmir: On account of the unique multiple dimensions of plurality in Jammu and Kashmir it would be grave injustice not to recognise that they are also proud Kashmiris. They are perhaps the only community of the Subcontinent that has a recorded history of 5000 years. Other ethnic identities here are Dogras, Punjabis, Paharis and Ladakhis. Gujjars are of a distinct ethnic stock: they are Muslims but have as much emotional affinity with Hindu Gujjars in the rest of India as with non-Gujjar Muslims of the state. Cultural and political differences do exist between ethnic communities belonging to the same religion, but for a lasting solution, multiple identities must be taken into account.
The freedom struggle embracing all communities thus acquired a broad political front and invited all Hindus and Sikhs who had faith in the freedom of their country from the shackles of an irresponsible rule to participate as equals in the democratic struggle. Under the charismatic leadership of Sheikh Abdullah the National Conference in 1944 adopted a social manifesto called ‘Naya Kashmir’, promising radical law reform once monarchy had abolished. Despite severe repression it went from strength to strength and in May 1946, launched a mass agitation which it called ‘Quit Kashmir,’ on the model of Congress’s 1942 ‘Quit India’ movement. Abdullah declared the Treaty of Amritsar was ended and challenged the sovereignty of Maharaja Hari Singh.
After two years, an article was inserted to assure the Kashmiris that they would be free to shape their own destiny as they desired and nothing would be imposed on them by Indian Parliament. The constitution makers were fully convinced that the close association of the people of Kashmir with democratic India would make them confident about becoming an integral part of this Republic
The huge task of absorbing Muslim-dominated Kashmir with India was not an easy one and demanded for its accomplishment statesmanship, generosity, farsightedness, accommodation and above all, selflessness by both Indian and Kashmir leaders. Article 370 of the Indian Constitution which conferred a special status on Kashmir state was meant to be a temporary provision as the constitution-makers were fully confident that the close association of the people of Kashmir with free democratic India would convince them of their bright future by becoming an integral part of India. The then Congress Government, while accepting the Instrument of Accession, was fully aware of the tremendous difficulties in integrating the state. At the same time, Kashmiri leaders were expected to satisfy the people that through secularism alone they could achieve political and cultural freedom as well as economic progress within India, rather than by joining Pakistan.
Owing to the lapse of paramountcy, Indian states regained the position of absolute sovereignty which they had enjoyed prior to the assumption of suzerainty by the British Crown. Like other Indian states Jammu and Kashmir was unquestionably competent to accede to either India or Pakistan. Under the Raj, Jammu and Kashmir was an Indian state ruled by a hereditary Maharaja. On 26 October 1947, when the state was attacked by Azad Kashmir Forces with the support of Pakistan, the Maharaja was obliged to seek the help of India, after executing an Instrument of Accession, similar to that of other Indian states. By the Accession India acquired jurisdiction over the state with respect to Defence, External Affairs and Communication. Although like other Indian states the state of Jammu and Kashmir was included as a part ‘B’ State in the First schedule of the constitution, it held a peculiar position due to how the state was acceded to India. This dual attitude of the Government of India was incorporated in the Constitution made in 1949, which, on the one hand, declared Jammu and Kashmir a part of the territory of India and left the application of other Articles to be finally determined by the people of the state, acting through their Constituent Assembly (Article 370), on the other. The Indian leaders, including Jawaharlal Nehru, clearly thought that separation of Kashmir from India would pose a serious danger to Indian secularism. Its secession from India on grounds of religion would strengthen the Hindu communal forces and pose a serious threat to millions of Muslims, more in India than Pakistan.
As a follow up of the provisions of the accession, work began on two fronts. To decide the future course of action the people of the state elected a sovereign Constituent Assembly to decide whether the state would remain a sovereign and independent state or become a unit of the Indian Union. If it decided to remain a sovereign state, Indian leaders and people would not be a hurdle to the sentiments and aspirations of the Kashmiri people. Nehru declared in Parliament on 7 November 1952 that “we want no people in the territory of India against their will and with the help of armed forces. If the people of Jammu and Kashmir State wish to part with us, they can go their way and we shall go ours.” The State Constituent Assembly first met on 31 October 1951 and set up several committees. The Drafting Committee presented the Draft Constitution which was finally adopted on 17 November 1957. This Constitution did not decide to remain as an independent and sovereign state but laid down under section 3 that ‘The State of Jammu and Kashmir is and shall be an integral part of the union of India.’ Jammu and Kashmir thus acquired the distinction of having a separate Constitution. In this way the sentiments of the Kashmiris were respected and their fears of being immediately absorbed in the overwhelming Hindu majority of India allayed.
Secondly, in pursuance of the one of the conditions that the Maharaja would introduce popular government in the state, immediately after the accession, as a stopgap arrangement, the Maharaja invited Sheikh Abdullah to form an interim Government. The interim Government later changed into a full-fledged cabinet with Sheikh Abdullah as its head. By this proclamation the Maharaja replaced the emergency administration by a popular interim government and provided for its powers, duties and functions pending the formation of a fully democratic constitution.
Thus that soon after accession in 1947, Indian leaders made a good start; they were quite generous in handling Kashmir state affairs. After two years, an article was inserted to assure the Kashmiris that they would be free to shape their own destiny as they desired and nothing would be imposed on them by Indian Parliament. The constitution makers were fully convinced that the close association of the people of Kashmir with democratic India would make them confident about becoming an integral part of this Republic.
Taking advantage of special status, Kashmir registered unprecedented progress in social, economic and educational fields. After a long period of wretched poverty and semi-starvation the Kashmiris were witnessing the dawn of a new era of prosperity which was shared more or less by all classes and communities. In 1947, the people of Kashmir held Sheikh Abdullah as a messiah when he claimed, with justifiable pride that he had achieved freedom for them after four centuries of slavery under Moghul, Afghan, Sikh and Dogra Kings respectively. It was their greatest hour in history to be ruled by a Kashmiri rather than foreigners. As a leader of the Kashmiri people he had categorically held the view that Kashmiris’ interest lay with India and it was only as a part of India that Kashmir could develop as a democratic state. Between 1947 and 1951 Sheikh Abdullah assured the Indian leaders and public as well that Kashmir was part and parcel of the Indian union. In May 1949 he said to Nehru, “I want you to believe that Kashmir is yours. No power in the world can separate us.”
The author is head of the department of political science at BNMU, Sahrsa, Bihar, and can be reached at [email protected]
