Aurangzeb’s successors were weak rulers.
Later Mughals failed to retain
Kashmir. After Mughal rule, it passed to Afghan, Sikh, and Dogra rule.
In 1752, Kashmir was seized by the Afghan ruler Ahmed Shah Abdali. The
Afghan Durrani Empire ruled Kasmir from the 1750s until 1819 when Sikhs,
under Ranjit Singh, annexed Kashmir and ended the Muslim rule.
By the early 19th century, Sikhs under Maharaja Renjith Singh took control
of Kashmir. He had earlier annexed Jammu. The Sikhs ruled Kashmir until
they were defeated by the British (First Anglo-Sikh War) in 1846.
After that Kashmir became a princely state of the British Empire – under the
Dogra Dynasty.
Jammu and Kashmir – as a princely state of the
British Empire
Maharaja Gulab Singh of the Dogra Dynasty signed the ‘Treaty of Amritsar’
with the British East India Company in 1846. Under this treaty, he paid Rs.
75 lakhs to the East India Company in 1846 in exchange for Kashmir and
some other areas. Jammu and Kashmir as a single entity was unified and
founded (1846).
Zorawar Singh, a General in the Dogra Anny later led many campaigns in
the northern areas like Ladakh, Baltistan, Gilgit, Hunza, and Yagistan,
consolidating smaller principalities. He expanded the dominions of Maharaja
Gulab Singh.
However, Jammu and Kashmir, from 1846 until 1947, remained a princely
state ruled by the Jamwal Rajput Dogra Dynasty. Like all other princely
states in India then, Kashmir too enjoyed only partial autonomy, as the real
control was with the British.
The ruler’s stand (at the time of Partition)
During the time of partition of British India (1947), Jammu and Kashmir (J&K)
was a Princely State. Britishers had given all princely states a choice – either
to join India to join Pakistan or even to remain independent.
The ruler of Kashmir during that time (1947) was Maharaja Hari Singh, the
great-grandson of Maharaja Gulab Singh. He was a Hindu who ruled over a
majority-Muslim princely state.
He did not want to merge with India or Pakistan.
Hari Singh tried to negotiate with India and Pakistan to have an independent
status for his state. He offered a proposal of a Standstill Agreement to both
the Dominion, pending a final decision on the State’s accession. On August
12, 1947, the Prime Minister of Jammu and Kashmir sent identical
communications to the Governments of India and Pakistan.
Pakistan accepted the offer and sent a communication to J&K Prime Minister
on August 15, 1947. It read, “The Government of Pakistan agrees to have
Standstill Agreement with Jammu and Kashmir for the continuation of
existing arrangements …”
India advised the Maharaja to send his authorized representative to Delhi for
further discussion on the offer.
What were the Kashmiri people’s aspirations in
1947?
Kashmiri people took part extensively in the Indian Nationalist Movement.
They not only wanted to get rid of British rule but also never wanted to be
under the rule of the Dogra dynasty once the nationalist movement achieved
its mission. The Kashmiris had preferred democracy to monarchy.
Jammu and Kashmir was always a secular state – with a history of Hindu,
Muslim, and Sikh rule. Even though the majority population was Muslims, it
then had a significant Hindu population as well.
India in 1947 had suggested conducting a plebiscite to know the aspirations
of Kashmiri people. With tall leaders of Jammu and Kashmir like Sheik
Abdullah on its side, cherishing the common values – secularism,
democracy, and pan-India nationalism – India was confident to win the
Plebiscite if it was held in 1947.
India’s stand with Junagadh, another princely state, was also to conduct a
plebiscite. In 1947, upon the independence and partition of India, the last
Muslim ruler of the Junagadh state, Muhammad Mahabat Khanji III, decided
to merge Junagadh into the newly formed Pakistan. The majority of the
population were Hindus. The conflict led to many revolts and also
a plebiscite, resulting in the integration of Junagadh into India.
However, the Pakistan attack on Kashmir in October 1947 changed all
dynamics. The exact aspirations of Kashmiri People at that time is still
unknown – as a plebiscite or referendum was never held.
The Pakistan Invasion of Kashmir in 1947
Pakistan, though entered into a Standstill Agreement with Jammu and
Kashmir, had an eye on it. It broke the Standstill Agreement by sponsoring
a tribal militant attack in Kashmir in October 1947.
Pashtun raiders from Pakistan invaded Kashmir in October 1947 and took
control over a large area. Hari Singh appealed to the Governor General of
free India, Lord Mountbatten for assistance.
India assured help on the condition Hari Singh should sign the Instrument of
Accession. Maharaja Hari Singh signed the instrument of accession with
India (1947). It was also agreed that once the situation normalized, the views
of the people of J&K will be ascertained about their future.
Jammu and Kashmir signs the Instrument of
Accession with India
The Maharaja Hari Singh signed the Instrument of Accession to India on 26
October 1947 in Srinagar.
As soon as the accession documents were signed, the Indian Armed Force
took over the stage to repulse Pakistan-supported tribal assault.
Indian and Pakistani forces thus fought their first war over Kashmir in 1947-
48.
India successfully drove out most of the Pak-supported tribal militants from
Kashmir occupation. However, one part of the State came under Pakistani
control. India claims that this area is under illegal occupation. Pakistan
describes this area as ‘Azad Kashmir’. India however, does not recognize
this term. India uses the term Pak-occupied Kashmir (PoK) for the area of
Kashmir under the control of Pakistan.
India brings the United Nations (UN) into the picture
India referred the dispute to the United Nations Security Council on 1
January 1948. Following the set-up of the United Nations Commission for
India and Pakistan (UNCIP), the UN Security Council passed Resolution
47 on 21 April 1948.
The UN Resolution was non-binding on India and Pakistan. However, this is
what the UN resolution mentioned:
UN Resolution on Jammu and Kashmir
The UN resolutions clearly said :
• Pakistan is the aggressor in the state.
• Pakistan has to vacate all occupied territory in the state and hand over
the vacated territory to India.
• India has to remove all its forces leaving aside enough to maintain law
and order.
• India to conduct a plebiscite in the state.
Why has no Plebiscite or Referendum been held in
Kashmir yet?
• The state of Jammu and Kashmir is defined as it existed on or before
the invasion of Pakistan on 22nd October 1947. This includes the
present territory of Pak-occupied Kashmir (POK), Gilgit, Baltistan,
Jammu, Laddhak, and Kashmir Valley.
• Pakistan asked for time to vacate its occupation but it never complied.
• As nearly one-third of the state of Jammu and Kashmir is still under the
occupation of Pakistan, it is a non-compliance of conditions leading to
the plebiscite.
Sheikh Abdullah’s movement – Formal incorporation
of Kashmir into the Indian Union
Kashmir’s first political party, the Muslim Conference, was formed in 1925,
with Sheikh Abdullah as president. Later, in 1938, it was renamed
as National Conference. The National Conference was a secular
organization and had a long association with Congress. Sheikh Abdullah was
a personal friend of some of the leading nationalist leaders including Nehru.
National Conference started a popular movement to get rid of the Maharaja.
Sheikh Abdullah was the leader.
After Maharaja Hari Singh signed an ‘Instrument of Accession’ with the
Government of India, Sheikh Abdullah took over as the Prime Minister of the
State of J&K (the head of the government in the State was then called Prime
Minister) in March 1948.
Sheikh Abdullah was against Jammu and Kashmir joining Pakistan.
However, he took a pro-referendum stance and delayed the formal
accession to India. The pro-Indian authorities dismissed the state
government and arrested Prime Minister Sheikh Abdullah.
The new Jammu and Kashmir government ratified the accession to India. In
1957, Kashmir was formally incorporated into the Indian Union.
Kashmir Issue – External Disputes
Externally, ever since 1947, Kashmir remained a major issue of conflict
between India and Pakistan (and between India and China to a minor
extent).
Pakistan has always claimed that the Kashmir valley should be part of
Pakistan. The conflict resulted in 3 main wars between India and Pakistan –
1947, 1965, and 1971. A war-like situation erupted in 1998 as well (Kargil
war).
Pakistan was not only the illegal occupant of the Kashmir region. China too
started claiming parts of the princely state of Jammu and Kashmir.
By the 1950s, China started to gradually occupy the eastern Kashmir (Aksai
Chin). In 1962, India fought a war with China over its encroachments,
however, China defeated India. To make matters worse, Pakistan ceded
the Trans-Karakoram Tract of Kashmir (Saksham Valley) to China.
Kashmir Issue – Internal Disputes
Internally, there is a dispute about the status of Kashmir within the Indian
Union.
Kashmir was given autonomy and a special status by Article 370 of
the Indian Constitution. Articles like 370, 371, 35A, etc are connected with
privileges given to Jammu and Kashmir.
What is the special status given to Jammu and Kashmir?
• Article 370 gives greater autonomy to Jammu and Kashmir compared
to the other States of India.
• The State has its own Constitution.
• All provisions of the Indian Constitution do not apply to the State.
• Laws passed by the Parliament apply to J&K only if the State agrees.
• Non-Kashmiri Indians cannot buy property in Kashmir.
This special status has provoked two opposite reactions.
A section feels that Article 370 is not needed!
There is a section of people outside of J&K that believes that the special
status of the State conferred by Article 370 does not allow full integration of
the State with India. This section feels that Article 370 should, therefore, be
revoked and J&K should be like any other State in India.
Another section feels that Article 370 is not enough!
Another section, mostly Kashmiris, believes that the autonomy conferred by
Article 370 is not enough.
Major Grievances of Kashmiris:
Kashmiris have expressed at least three major grievances.
• First, the promise that Accession would be referred to the people of the
State after the situation created by tribal invasion was normalized, has
not been fulfilled. They demand a ‘Plebiscite’ at the earliest.
• Secondly, there is a feeling that the special federal status guaranteed
by Article 370, has been eroded in practice. This has led to the demand
for restoration of autonomy or ‘Greater State Autonomy’.
• Thirdly, it is felt that democracy which is practised in the rest of India
has not been similarly institutionalised in the State of Jammu and
Kashmir.
Politics since 1948 – Conflict between the Kashmir
State Government and the Central Government of
India
After taking over as the Prime Minister, Sheikh Abdullah initiated major land
reforms and other policies that benefited ordinary people. But there was a
growing difference between him and the central government about his
position on Kashmir’s status. He was dismissed in 1953 and kept in detention
for several years.
The leadership that succeeded him did not enjoy as much popular support
and was able to rule the State mainly due to the support of
the Centre. There were serious allegations of malpractices and rigging in
various elections.
During most of the period between 1953 and 1974, the Congress party
exercised a lot of influence on the politics of the State. A truncated National
Conference (minus Sheikh Abdullah) remained in power with the active
support of Congress for some time but later it merged with the Congress.
Thus Congress gained direct control over the government in the State.
In the meanwhile, there were several attempts to reach an agreement
between Sheikh Abdullah and the Government of India.
Finally, in 1974 Indira Gandhi reached an agreement with Sheikh Abdullah
and he became the Chief Minister of the State.
The Revival of National Conference (1977)
He revived the National Conference which was elected with a majority in the
assembly elections held in 1977.
Sheikh Abdullah died in 1982 and the leadership of the National Conference
went to his son, Farooq Abdullah, who became the Chief Minister.
But he was soon dismissed by the Governor and a breakaway faction of the
National Conference came to power for a brief period.
The dismissal of Farooq Abdullah’s government due to the intervention of
the Centre generated a feeling of resentment in Kashmir. The confidence
that Kashmiris had developed in the democratic processes after the accord
between Indira Gandhi and Sheikh Abdullah, received a setback.
The feeling that the Centre was intervening in the politics of the State was
further strengthened when the National Conference in 1986 agreed to have
an electoral alliance with the Congress, the ruling party in the Centre.
1987 Assembly Elections, Political Crisis, and
Insurgency
It was in this environment that the 1987 Assembly election took place. The
official results showed a massive victory for the National Conference-
Congress alliance and Farooq Abdullah returned as Chief Minister.
However, it was widely believed that the results did not reflect the popular
choice and that the entire election process was rigged.
A popular resentment had already been brewing in the State against the
inefficient administration since the early 1980s. This was now augmented by
the commonly prevailing feeling that democratic processes were being
undermined at the behest of the Centre. This generated a political crisis in
Kashmir which became severe with the rise of the insurgency.
By 1989, the State had come into the grip of a militant movement mobilized
around the cause of a separate Kashmiri nation.
The insurgents got moral, material, and military support from Pakistan. The
balance of influence had decisively tilted in Pakistan’s favor by the late
1980s, with people’s sympathy no longer with the Indian Union as it had been
in 1947-48, 1965 or 1971.
The terrorists and militants drove out almost all the Hindus from the Kashmir
valley, ensuring that a future plebiscite (if it happens) would be meaningless.
India imposed the Armed Forces Special Powers Act (AFSPA) in Jammu
and Kashmir in 1990.
For several years, the State was under President’s rule and effectively under
the control of the armed forces. Throughout the period from 1990, Jammu
and Kashmir experienced violence at the hands of the insurgents and
through army action.
1990 and Beyond – Growing Trust Deficit
After 1987, the pro-India sentiments of Kashmiri people tilted heavily towards
Kashmiri Separatism. Pakistan, of course, added fuel to the fire – by giving
moral and financial support to terrorists, militants, and insurgents. As a result,
Kashmir frequently witnessed violence, curfew, stone-pelting, and firing
between the troops of India and Pakistan across the Line of Control (LoC).
Thousands of soldiers, civilians, and militants have been killed in the uprising
and the Indian crackdown since 1989.
Even though state elections were conducted, Kashmir did not return
to normalcy before 1987.
Assembly elections in the State were held only in 1996 in which the National
Conference led by Farooq Abdullah came to power with a demand for
regional autonomy for Jammu and Kashmir.
J&K experienced a very fair election in 2002. The National Conference failed
to win a majority and was replaced by the People’s Democratic Party (PDP)
and Congress coalition government.
In 2015, India’s ruling BJP party was sworn into government in Indian-
administered Kashmir for the first time in coalition with the local People’s
Democratic Party, with the latter’s Mufti Mohammad Sayeed as chief minister
(followed by Mehbooba Mufti because of the death of her father and party
founder). However, this coalition didn’t last for long.
Even though the Government of India is taking many steps to stop the
insurgency and bring Kashmir back to normalcy, terrorist attacks like that
in Pulwama have seriously hindered the peace process.
The Current Stand of India – Regarding the Kashmir
Question
• No more mediation with the UN or any other other third parties.
• India and Pakistan should resolve issues through bilateral talks as
agreed by the Simla Agreement.
• No Plebiscite in Kashmir unless Pakistan reverses the situation back to
what was in 1947 (territory and demographics).
What do Separatists demand?
Separatist politics which surfaced in Kashmir from 1989 has taken different
forms and is made up of various strands.
• There is one strand of separatists who want a separate Kashmiri nation,
independent of India and Pakistan.
• Then some groups want Kashmir to merge with Pakistan.
• Besides these, there is a third strand which wants greater autonomy for
the people of the state within the Indian union.
Demand for intra-state autonomy
Even though the name of the state is Jammu and Kashmir (J&K), it
comprises three social and political regions: Jammu, Kashmir, and Ladakh.
• Jammu – The Jammu region is a mix of foothills and plains, of Hindus,
Muslims, and Sikhs and speakers of various languages.
• Kashmir – Kashmir Valley is the heart of the Kashmir region. The
people are Kashmiri-speaking and are mostly Muslims. There is also a
small Kashmiri-speaking Hindu minority.
• Ladakh – The Ladakh region is mountainous, and has a very small
population which is equally divided between Buddhists and Muslims.
Ladakh is divided into two main regions – Leh and Kargil.
It should also be noted that out of the 3 main administrative divisions –
Jammu, Kashmir, and Ladakh – insurgency and demand for independence
is high only in the Kashmir Valley. Most of the people in Jammu and Ladakh
still wish to be part of India, even though they demand autonomy differently.
They often complain of neglect and backwardness. The demand for intra-
state autonomy is as strong as the demand for State autonomy in the regions
of Jammu and Ladakh.
Article 370: Changes made via Presidential order of
2019
On 5 August 2019, Home Minister Amit Shah announced in the Rajya
Sabha (upper house of the Indian Parliament) that the President of India had
issued The Constitution (Application to Jammu and Kashmir) Order,
2019 (C.O. 272) under Article 370, superseding the Constitution (Application
to Jammu and Kashmir) Order, 1954.
The order stated that all the provisions of the Indian Constitution applied to
Jammu and Kashmir.
While the 1954 order specified that only some articles of the Indian
constitution to apply to the state, the new order removed all such restrictions.
This in effect meant that the separate Constitution of Jammu and Kashmir
stood abrogated.
The President issued the order with the “concurrence of the Government of
State of Jammu and Kashmir”, which meant the Governor appointed by the
Union government.
Change of status: Jammu and Kashmir
Reorganisation Act, 2019
=
After the Government of India repealed the special status accorded to
Jammu and Kashmir under Article 370 of the Indian constitution in 2019, the
Parliament of India passed the Jammu and Kashmir Reorganisation Act,
which contained provisions that dissolved the state and reorganized it into
two union territories – Jammu and Kashmir in the west and Ladakh in the
east.
The two union territories came into existence on 31 October 2019, which was
celebrated as National Unity Day.
The union territory of Jammu and Kashmir was proposed to have a
legislature under the bill whereas the union territory of Ladakh is proposed
to not have one.
Urge for Peace
The initial period of popular support for militancy has now given way to the
urge for peace.
The Centre has started negotiations with various separatist groups. Instead
of demanding a separate nation, most of the separatists in the dialogue are
trying to re-negotiate a relationship of the State with India.
