First published in The Sunday Statesman & The Statesman Editorial Page Special Article
30-31 July, 2006
Pakistan’s political institutions have failed to develop properly over sixty years. Yet in the last ten years or more, its Government has acquired weapons of mass destruction and in 1998-99 its Foreign Minister half-threatened to use these against India in a first strike. As a religious and cultural phenomenon and as a putative nation-state, Pakistan needs to be sought to be understood in as unbiased and objective a manner as possible, not least by Pakistanis themselves, as well as by Afghans, Bangladeshis, Chinese, Americans,Israelis, Arabs, Iranians etc. besides ourselves in India.
The slogan “Islam in danger” has always had some substance since orthodox Muslims constantly face temptations in the world existing around them from materialism, scepticism, syncretism, pantheism etc. Some responded defensively to the Westernisation/modernisation of India’s Hindus, Parsees and Christians by becoming insular and separatist in outlook, and anti-individualist or communal in behaviour.
“We are an Arab people whose fathers have fallen in exile in the country of Hindustan, and Arabic genealogy and Arabic language are our pride,” declared Wali Allah (1703-1762), a contemporary of Nejd’s founder of Wahhabism. “We must repudiate all those Indian, Persian and Roman customs which are contrary to the Prophet’s teaching”, declared Barelvi (1786-1831), who also initiated the idea of a religious mass migration of North Indian Muslims. His movement saw “jihad as one of the basic tenets of faith… it chose as the venue of jihad the NW Frontier of the subcontinent, where it was directed against the Sikhs. Barelvi temporarily succeeded in carving out a small theocratic principality which collapsed owing to the friction between his Pathan and North Indian followers…” (A. Ahmed, in Basham (ed) Cultural History of India).
Political and psychological tensions between Pakistan’s Pashtun/Baloch tribal people and Punjabi/ Urdu elite continue to this day, even when many of the former have integrated into industries and vocations controlled by the latter. The highlanders were never part of Hindu societies, while the plainsmen, whether they admit it or not, ethnically were converts for the most part from India’s native religions (though here again the religious syncretism of Sindhis, both Muslim and Hindu, may be contrasted with orthodoxy). Barelvi’s theocracy, named Tariqa-yi Muhammadiya, had remnants near Sittana until the First World War, and his followers are still a major component of Pakistan’s most orthodox today.
Muslim separatism in North India would have been futile without British political backing. As early as 1874, the British saw their advantage: “The existence side by side of these hostile creeds (Hindu and Muslim) is one of the strong points in our political position in India. The better classes of Mohammedans are a source of strength to us and not of weakness. They constitute a comparatively small but an energetic minority of the population whose political interests are identical with ours.” When the Agha Khan’s 1906 delegation first pleaded for communal representation, Minto agreed with them, and Minto’s wife wrote in her diary the effect was “nothing less than the pulling back of sixty two millions (of Muslims) from joining the ranks of the seditious opposition.” The slogan “If you are not with us you are against us” was always widely applied by the British in India in the form “If you dare to not be with us, we definitely will be with your adversaries”.
One obscure ideological current of today’s Pakistan came via the enigmatic personage of Inayatullah Mashriqi (1888-1963), who, from being a Cambridge Wrangler, became a friend of Adolf Hitler in 1926, received a Renault as a gift from Hitler (possibly housed in a Lahore museum today) and claimed to have affected Hitler’s ideology. Mashriqi created the Khaksars, modelled on the Nazi SA, and was often jailed for violence.
But the official ideology of today’s Pakistan came from Mohammad Iqbal (1877-1938), an admirer of Friedrich Nietzsche. Indeed, “Pakistan” would have been better named “Iqbalistan” and its nationals “Iqbalians”, just as countries like Colombia, the USA, Israel, Saudi Arabia etc. have been named after an individual person. Iqbal’s 1930 Presidential Speech to the Muslim League in Allahabad conceptualised the country that exists today: “I would like to see the Punjab, NWFP, Sind and Baluchistan amalgamated into a single state…the formation of a consolidated NW Indian Muslim state appears to me to be the final destiny of the Muslims at least of NW India… India is the greatest Muslim country in the world. The life of Islam as a cultural force in this living country very largely depends on its centralisation in a specified territory… “
Though Kashmiri himself, Iqbal was silent about J&K being any part of this new entity. Nor did he see this Muslim country being theocratic or filled with anti-Hindu bigotry: “A community which is inspired by feelings of ill-will towards other communities is low and ignoble. I entertain the highest respect for the customs, laws, religious and social institutions of other communities…. Yet I love the communal group which is the source of my life and my behaviour; and which has formed me what I am by giving me its religion, its literature, its thought, its culture,and thereby recreating its whole past, as a living operating factor, in my present consciousness… Nor should the Hindus fear that the creation of autonomous Muslim states will mean the introduction of a kind of religious rule in such states…. I therefore demand the formation of a consolidated Muslim state in the best interests of India and Islam. For India it means security and peace resulting from an internal balance of power, for Islam an opportunity to rid itself of the stamp that Arabian Imperialism was forced to give it, to mobilise its law, its education, its culture, and to bring them into closer contact with its own original spirit and the spirit of modern times.” Iqbal clearly wished to be rid of the same stamp of Arabian Imperialism that Wali Allah had extolled.
In 1937, Iqbal added an economic dimension referring to Shariat in order that “at least the right to subsistence is secured to everybody”. A “free Muslim state or states” was “the only way to solve the problem of bread for Muslims as well as to secure a peaceful India.”
Iqbal persuaded MA Jinnah (1876-1948), who had settled once again into his London law practice, to return to India in 1934. But when, following the 1935 Government of India Act, India experienced its first democratic elections in 1937, the Muslim League’s ideology promoted by Iqbal and Jinnah failed miserably in the very four provinces that Iqbal had named.
Three days after Hitler’s attack on Poland, the British chose to politically empower Jinnah. Until September 4 1939, the British “had had little time for Jinnah and his League. The Government’s declaration of war on Germany on 3 September, however, transformed the situation. A large part of the army was Muslim, much of the war effort was likely to rest on the two Muslim majority provinces of Punjab and Bengal. The following day, the Viceroy invited Jinnah for talks on an equal footing with Gandhi…. because the British found it convenient to take the League seriously, everyone had to as well” (F. Robinson, in James & Roy (eds) Foundations of Pakistan’s Political Economy). Jinnah himself was amazed: “suddenly there was a change in the attitude towards me. I was treated on the same basis as Mr Gandhi. I was wonderstruck why all of a sudden I was promoted and given a place side by side with Mr Gandhi.”
Britain at war was faced too with intransigence from the Congress — Gandhi, for example, rudely dismissing the 1942 Cripps offer as a “post-dated cheque on a failing bank”. It was unsurprising this would contribute to the British tilt towards Congress’s adversary. Suddenly, Rahmat Ali’s acronym “PAKSTAN” , supposedly invented on the top floor of a London bus, was becoming a credible possibility.
By 1946, Muslim electoral opinion had changed drastically in the League’s favour. By 1947, Iqbal’s lofty philosophical vision of a cultured Muslim state had degenerated into irrational street mobs shouting: “Larke lenge Pakistan; Marke lenge Pakistan; Khun se lenge Pakistan; Dena hoga Pakistan”.
Events remote from India’s history and geography, namely, Hitler’s rise and the Second World War, had contributed between 1937 and 1947 to the change of fortune of Jinnah’s League, and hence the fate of all the people of the subcontinent. Even so, thanks to AK Azad’s diplomacy, the May 1946 Cabinet Mission Plan denying Partition and Pakistan did come to be accepted by Jinnah’s Muslim League, and it was doubtless the obduracy and megalomania of Azad’s Congress colleagues which contributed equally to the failure to find a political solution ~ along with the vapid behaviour of a pompous, vacuous Mountbatten who caused infinite uncertainty until June 3 1947, as to what was going to happen to the lives of scores of millions of ordinary people within a few weeks.
In August 1947, the new Pakistani elite hardly felt or even wished to feel free of the British ~ they merely felt independent of what they saw as Congress domination, and had now acquired some power for themselves. Far from any nation-building taking place, Pakistan’s early years were marked by political, legal, constitutional and military chaos and trauma. Both Dominions made a grab for the Raj’s common assets, especially the armed forces.
Indeed, how did the Kashmir problem originate? As much as any other factor, it occurred because of the incompetent partitioning of military assets and hurried decommissioning of British Indian armies ~ causing thousands of Mirpuri soldiers to return to a communally inflamed Punjab/ Jammu region.
The first J&K war started within weeks of Partition and was in all but name a civil war ~ somewhat like the American Civil War. It was a civil war not merely between Kashmir’s National and Muslim Conferences but also between Army regiments who had been jointly fighting Britain’s enemies until very recently.
Pakistan’s leadership vacuum started at once. Jinnah was ill and died shortly. Liaquat Ali Khan was the only politician of any experience left. He faced on one side Pashtuns having no wish to be dominated by a new Karachi/ Rawalpindi elite, and on the other side, the Kashmir conflict. The most basic functions of governance never got started. Taking a Census has been one such function since Roman times, yet Pakistan has never had one. Writing a Constitution is another, but Maududi and others demanded “That the sovereignty in Pakistan belongs to God Almighty alone and that the Government of Pakistan shall administer the country as His agent”. As a result, Pakistan’s few constitutionalists have been battling impossibly ever since to overcome the ontological mistake made of assuming that any earthly government, no matter how pious, can be in communication with God Almighty as easily as it can be with foreign governments.
The Rule of Law is another basic function. But when Liaquat was himself assassinated in 1951, his assassin was killed on the spot yet the murder remained unsolved. Mashriqi was immediately arrested because of his hostility to the Muslim League, but later released. Because the assassin was Pashtun, Afghanistan was blamed but the Afghan Government proved otherwise. The investigating policeman was killed in an aircrash, and all documents went with him. Final suspicion pointed towards Akbar Khan, the renegade Army general who had led the attack on J&K and was in jail for the Rawalpindi conspiracy. Years later, Liaquat’s widow (the former Irene Pant of Naini Tal) rued the fact no one was ever prosecuted.
After Liaquat’s assassination, the period of Ghulam Mohammad, Nazimuddin, Mohammad Ali Bogra, Chaudhury Mohammad Ali, and most importantly, Iskander Mirza leading up to Ayub Khan’s Martial Law in 1958, was simply appalling in its display of the sheer irresponsibility of Pakistan’s new super-elite. Instead of domestic nation-building or fulfilling the basic functions of governance, close comprador relations came to be established with the US and British Governments ~ exemplified by Mirza’s elder son taking the American Ambassador’s daughter as his (first) wife and moving to a lifelong career with the World Bank in Washington. This comprador relationship between Washington, London and Pakistan’s super-elite flourishes and continues to this day. E.g., the current World Bank head and architect of the 2003 Bush invasion of Iraq, Paul Wolfowitz, remains in a mentoring relationship with Shaukat Aziz, a former American bank executive, who is General Musharraf’s Prime Minister. For better or worse, Pakistan’s Government will never veer from the side of Anglo-American policy while such comprador relationships remain intact.
Before the 1971 war, West Pakistan was in a frenzy from a propaganda campaign of “Crush India” and “Hang Mujib”. General Niazi’s surrender to General Arora in Dhaka Stadium ~ causing 90,000 PoWs whom India then protected from Bangladeshi revenge ~ shocked Pakistan and shattered the self-image of its Army. ZA Bhutto was the only populist politician of the country ever, and his few years held vanishing promise of a normal political agenda (no matter how economically misguided) finally arising. But Bhutto suppressed the new Baloch revolt with the Shah of Iran’s military help; at the same time he failed to protect his own back against Zia ul Haq’s coup, leading to his judicial murder in 1979. Zia tried to rebuild the Army’s shattered esprit de corps the only way he knew how, which was by indoctrinating the Punjabi officer corps with Sunni dogmatism. This coincided with the Afghan civil war, influx of refugees, and US-Saudi-Chinese plan to defeat the USSR. Pakistan’s super-elite in their comprador role were happy to allow themselves to be used again and be hung out to dry afterwards.
All normal branches of Pakistan’s polity, like the electorate,press, political parties, Legislature and Judiciary, have remained at best in ill-formed inchoate states of being. The economy remains, like India’s, one fed on endless deficit finance paid for by unlimited printing of inconvertible paper money, though Pakistan has had relatively more labour emigration and much less foreign investment and technological progress than India. Both are wracked by corruption, poverty, ignorance and superstition.
Over half a century, the military has acquired vast economic and political interests and agendas, on pretext of protecting Pakistan from India or gaining “Kashmeer” for it. With few and noble exceptions, academics, politicians and journalists have remained timid in face of fascistic State-power with its militarist/Islamist ideology ~ causing a transferance of the people’s anger and frustration onto an easier target, namely ourselves in India. Anti-Indianism (especially over J&K) remains the sole unifying factor of Pakistan’s super-elite, regardless of what history’s objective facts may have to say. Much political courage and understanding will be needed for that to be reversed.
All countries hunger for genuine national heroes who take upon themselves individual risks on behalf of ordinary people. Wali Khan stood up to his father’s jailors, and young Benazir of 1980s vintage to her father’s executioner. But Pakistan has had few such heroes,certainly none among its bemedalled generals. Why AQ Khan is seen as a hero is because he at least took some personal risks, and finally brought Pakistan a kind of respect and independence in the world with his Bomb.
First published in The Sunday Statesman Editorial Page Special Article, July 16 2006
Khan Abdul Ghaffar Khan (1890-1988) was without a doubt the greatest political genius the Pashtun people have yet produced.
Understanding the political economy of the Pashto/Pakhto speaking peoples, as well as the Tajik, Hazara, Uzbek, Turkmen and other inhabitants of Afghanistan, remains a top intellectual challenge for everyone including themselves. Afghans have hardly lived a peaceful decade since Genghiz Khan destroyed them avenging his grandson in the 13th Century. Ghazni, Ghor, Peshawar etc. were launch-pads for attacks against the settled people of India’s fertile plains (most recently, the October 1947 attack on Kashmir Valley) while Herat saw wars by and against Iran.
Lyall, one of the architects of 19th Century British policy, thought Afghans “wretched”, “treacherous barbarians with whom it was an unfortunate necessity to have any dealings at all”… “I can only sympathise with the Afghan’s love for his country and his hatred against those who disturb him, although he has no scruple in disturbing others to the best of his savage ability”. Yet the British idea of Russian armies marching into India through Afghanistan was always a wild exaggeration, especially after joint boundary commissions demarcated the imperial spheres of influence. When the Russians did finally enter and occupy Afghanistan in 1978-79, they lived to regret it; and they arrived in independent India on passenger aircraft, were greeted as fraternal socialists selling weapons, and remain so today. Pakistan’s generals exaggerated the prospect of Russia seeking warm water ports, first to Nixon (as Vice President) then to Carter and Reagan, causing the Americans to happily supply weapons which the generals promptly turned against India.
Ghaffar Khan was and remains the only thoughtful figure in Pashtun history who invented a new, living political philosophy as a constructive force for his people’s peace and progress. Even though his ideology failed to take permanent root or survive among them, he commanded universal respect among all Pashtuns and Afghans and became “Badshah Khan” or “Bacha Khan” to them. Afghanistan’s civil war, in which the USSR was pit against the USA, Pakistan etc, stopped with a ceasefire in 1988 for his burial to take place in Jalalabad, with a funeral procession that was miles long.
Pashtun and other Afghan and Arab tribal people have become notorious today by their association with the dogmatism, intellectual insularity and retrograde ideology of Muslim extremism. Yet Osama bin Laden and his Taliban and other friends have been unable to make any moral argument for the cause of violence other than one built on revenge for perceived or misperceived injustices against Muslims. “Because you have done this and this to Muslim people, we are bound by the code of vengeance to do this to you” is just about the entire quantum of moral reasoning contained in Al-Qaida’s statements. “Revenge is a wild kind of justice” and circumstances can exist where injustice is so deep that only revenge suffices in rectification. The current case of the rape-murder of an Iraqi girl and her family by a group of renegade American soldiers may be one such, which explicitly led to the kidnap, torture and murder of some of the soldiers by Iraqis seeking vengeance. But justice too is a civilised kind of revenge, and the transition from a code of revenge to a code of justice is precisely the transition from tribal warfare to civilisation. In Western countries, it occurred recently enough when duelling with swords or pistols came to be banned, giving way to the law of torts.
Ghaffar Khan attempted to change the Pashtun code in this one fundamental and all-important direction by abolishing the right to revenge. In its place he brought the doctrine of non-violence. “I am going to give you such a weapon that the police and the army will not be able to stand against it. It is the weapon of the Prophet, but you are not aware of it. That weapon is patience and righteousness. No power on earth can stand against it.”Patience and righteousness are not political virtues that seem to find much mention in Islamic or Afghan folklore, and doubtless they arose in Ghaffar Khan’s thought and actions at least partly through his encounter with Christian altruism, first with Rev. Wigram his schoolmaster, and later in adult life with the Tolstoy-Thoreau doctrines applied along with Jain ahimsa by MK Gandhi in the movement for Indian independence.
“It is the weapon of the Prophet” was Ghaffar Khan making explicit he was and remained at all times the most devout of Muslims and none could say otherwise; “but you are not aware of it” was his new move to tell his people they had misled themselves by sacerdotalism and needed to read the Prophet’s life and message afresh. He once told M. K. Gandhi how he explained to amazed Punjabi Muslim Leaguers the precise evidence in favour of non-violence from the Prophet’s life in Mecca, leaving his audience speechless.
Today’s “Taliban” were named for their purported piety; Lashkar-e-Taiba even means “Army of the Pious”, the typical image being of pious studious youth seated memorising scriptures in a Pakistani madrassa, and later waving AK-47s in a moving truck. Ghaffar Khan’s Khudai Khidmatgar “Servants of God” were their polar opposite. Each of some 120,000 members of the order took a fierce oath to non-violence and renunciation: “I am a Servant of God, and as God needs no service, but serving his creation is serving him, I promise to serve humanity in the name of God; to refrain from violence and from taking revenge; to forgive those who oppress me or treat me with cruelty; to refrain from taking part in feuds and quarrels and from creating enmity; to treat every Pathan as my brother and friend; to refrain from antisocial customs and practices; to live a simple life, to practice virtue, and to refrain from evil; to practice good manners and good behaviour and not to lead a life of idleness… I will sacrifice my wealth, life, and comfort for the liberty of my nation and people… side with the oppressed against the oppressor… live in accordance with principles of nonviolence… serve all God’s creatures alike… my object shall be the attainment of the freedom of my country and my religion. … will never desire any reward whatever for my service. All my efforts shall be to please God, and not for any show or gain.”
In their founder’s words, the Khudai Khidmatgars were to be ready to lay down their own lives for their cause and never take any life doing so. They became far more forceful practitioners of non-violence than their Gandhian Indian counterparts in the struggle for political freedom from the British, and hundreds of them died in Peshawar under British brutality.
In 1893, Durand’s controversial boundary-line gave the British control over the three mountain passes between Afghanistan and India in exchange for raising the annual British subsidy to the Afghan Amir by 50% from Rs 8 lakhs to 12 lakhs. Today, the Durand Line roughly separates perhaps 10 million Pashtun comprising 40% of Afghanistan’s population from perhaps 8 million Pashtun who are Pakistani nationals (no one has exact figures as there has been no census). In the 1950s and 1960s, the Afghan Government backed by the USSR, on pretence that the Durand Line had not been freely accepted by Afghans, wished for a “Pakhtoonistan” under its sway.
Though jailed by the new and nervous Pakistanis, Ghaffar Khan was averse to any truck with the Afghan Government ~ he had not demanded erasing the Durand Line but had demanded a separate and distinct “Pashtunistan”. A mature self-confident federal Pakistan today would bifurcate itself vertically into one or two mountainous western provinces on one side, and two or three river valley eastern provinces on the other. The former could be named “East Pashtunistan” if the Baloch agreed, or East Pashtunistan and Baluchistan otherwise, and extend to the port of Gwadar, while the latter would remain Punjab, Sindh and “Northern Kashmir”.
Along with an Afghan “West Pashtunistan” and an Indian “Southern Kashmir”, a stable design of peaceful nation-states from Iran through Afghanistan and Pakistan to India would be then finally in place. Badshah Khan’s influence in death may yet become greater than his influence in life.
First published in two parts inThe Sunday Statesman, July 2 2006 and The Statesman July 3 2006 Editorial Page Special Article
For a solution to J&K to be universally acceptable it must be seen by all as being lawful and just. Political opinion in Pakistan and India as well as all people and parties in J&K ~ those loyal to India, those loyal to Pakistan, and any others ~ will have to agree that, all things considered, such is the right course of action for everyone today in the 21st Century, which means too that the solution must be consistent with the facts of history as well as account reasonably for all moral considerations.
On August 14, 1947, the legal entity known as “British India”, as one of its final acts, and based on a sovereign British decision made only two months earlier, created out of some of its territory a new State defined in international law as the “Dominion of Pakistan”. British India extinguished itself the very next day, and the newly independent “Dominion of India” succeeded to all its rights and obligations in international law. As the legal successor of the “India” which had signed the Treaty of Versailles in 1919 and the San Francisco Declaration of 1945, the Dominion of India was already a member of the new UN as well as a signatory to many international treaties. By contrast, the Dominion of Pakistan had to apply afresh to sign treaties and become a member of international organisations. The theory put forward by Argentina that two new States, India and Pakistan, had been created ab initio, came to be rejected and was withdrawn by Argentina. Instead, Pakistan with the wholehearted backing of India was made a member of the UN, with all except Afghanistan voting in favour. (Afghanistan’s exceptional vote signalled presence of conflict over the Durand Line and idea of a Pashtunistan; Dr Khan Sahib and Abdul Ghaffar Khan were imprisoned by the Muslim League regime of NWFP which later supported the tribesmen who attacked J&K starting October 22, 1947; that conflict remains unresolved to this day, even after the American attack on the Taliban, the restart of a constitutional process in Afghanistan, and the purported mediation of US Secretary of State Condoleeza Rice.)
Zafrullah Khan, Pakistan’s distinguished first ambassador to the UN, claimed in September 1947: “Pakistan is not a new member of UNO but a successor to a member State which was one of the founders of the Organisation.” He noted that he himself had led India to the final session of the League of Nations in Geneva in 1939, and he wished to say that Pakistan had been present “as part of India… under the latter name” as a signatory to the Treaty of Versailles. This was, however, logically impossible. The Treaty of Versailles long predated (1) Mohammad Iqbal’s Allahabad Address which conceptualised for the first time in the 20th Century a Muslim State in Northwest India; (2) Rahmat Ali’s invention of the word “PAKSTAN” on the top floor of a London omnibus; (3) M. A. Jinnah and Fazlul Haq’s Lahore Resolution; and (4) the final British decision of June 3, 1947 to create by Partition out of “British India” a Dominion named Pakistan. Pakistan could not have acted in international law prior to having come into being or been created or even conceived itself. Zafrullah Khan would have been more accurate to say that the history of Pakistanis until August 14, 1947 had been one in common with that of their Indian cousins ~ or indeed their Indian brothers, since innumerable North Indian Muslim families came to be literally partitioned, with some brothers remaining Indians while other brothers became Pakistanis.
Pakistan was created at the behest of Jinnah’s Muslim League though with eventual agreement of the Indian National Congress (a distant ancestor of the political party going by the same name today). Pakistan arose not because Jinnah said Hindus and Muslims were “two nations” but because he and his League wished for a State where Muslims would find themselves ruled by fellow-Muslims and feel themselves part of a pan-Islamic culture. Yet Pakistan was intended to be a secular polity with Muslim-majority governance, not an Islamic theocracy. That Pakistan failed to become secular was exemplified most poignantly in the persecution Zafrullah himself later faced in his personal life as an Ahmadiya, even while he was Pakistan’s Foreign Minister. (The same happened later to Pakistan’s Nobel-winning physicist Abdus Salaam.) Pakistan was supposed to allow the genius of Indo-Muslim culture to flourish, transplanted from places like Lucknow and Aligarh which would never be part of it. In fact, the areas that are Pakistan today had in the 1937 provincial elections shown scant popular Muslim support for Jinnah’s League. The NWFP had a Congress Government in the 1946 elections, and its supporters boycotted the pro-Pakistan referendum in 1947. The imposition of Urdu culture as Pakistan’s dominant ethos might have come to be accepted later in West Punjab, Sindh and NWFP but it was not acceptable in East Bengal, and led inevitably to the Pakistani civil war and creation of Bangladesh by Sheikh Mujib in 1971.
In August 1947, the new Dominions of India and Pakistan were each supposed to protect their respective minority populations as their first political duty. Yet both palpably failed in this, and were reduced to making joint declarations pleading for peace and an end to communal killings and the abduction of women. The Karachi Government, lacking the wherewithal and administrative machinery of being a nation-state at all, and with only Liaquat and an ailing Jinnah as noted leaders, may have failed more conspicuously, and West Punjab, the Frontier and Sindh were soon emptied of almost all their many Sikhs and Hindus. Instead, the first act of the new Pakistan Government in the weeks after August 14, 1947 was to arrange for the speedy and safe transfer of the North Indian Muslim elite by air from Delhi using chartered British aeroplanes. The ordinary Muslim masses of UP, Delhi and East Punjab were left in danger from or were subjected to Sikh and Hindu mob attacks, especially as news and rumours spread of similar outrages against Pakistan’s departing minorities.
In this spiral of revenge attacks and counter-attacks, bloodshed inevitably spilled over from West and East Punjab into the northern Punjabi plains of Jammu, though Kashmir Valley remained conspicuously peaceful. Zafrullah and Liaquat would later claim it was this communal civil war which had caused thousands of newly decommissioned Mirpuri soldiers of the British Army, and thousands of Afridi and other Frontier tribesmen, to spontaneously act to “liberate” J&K’s Muslims from alleged tyranny under the Hindu Ruler or an allegedly illegal Indian occupation.
But the main attack on J&K State that began from Pakistan along the Manshera-Muzaffarabad road on October 22, 1947 was admittedly far too well-organised, well-armed, well-planned and well-executed to have been merely a spontaneous uprising of tribesmen and former soldiers. In all but name, it was an act of undeclared war of the new Dominion of Pakistan first upon the State of J&K and then upon the Indian Dominion. This became obvious to Field Marshall Auchinlek, who, as Supreme Commander of the armed forces of both India and Pakistan, promptly resigned and abolished the Supreme Command in face of the fact that two parts of his own forces were now at war with one another.
The invaders failed to take Srinagar solely because they lost their military purpose while indulging in the Rape of Baramula. Thousands of Kashmiri women of all communities ~ Muslim, Sikh and Hindu ~ were violated and transported back to be sold in markets in Peshawar and elsewhere. Such was standard practice in Central Asian tribal wars from long before the advent of Islam, and the invading tribesmen shared that culture. India’s Army and Air Force along with the militias of the secular democratic movement led by Sheikh Abdullah and those remaining loyal units of J&K forces, fought off the invasion, and liberated Baramula, Naushera, Uri, Poonch etc. Gilgit had a British-led coup détat against it bringing it under Pakistan’s control. Kargil was initially taken by the Pakistanis and then lost by them. Leh could have been but was not taken by Pakistani forces. But in seeking to protect Leh and to retake Kargil, the Indian Army lost the siege of Skardu ~ which ended reputedly with the infamous communication from the Pakistani commander to his HQ: “All Sikhs killed; all women raped.”
Now, in this grave mortal conflict, the legal theory to which both the Indian and Pakistani Governments have been wedded for sixty years is one that had been endorsed by the British Cabinet Mission in 1946 and originated with the Butler Commission of 1929. Namely, that “Lapse of Paramountcy” over the “Indian India” of the “Native States” could and did occur with the extinction of British India on August 15, 1947. By this theory, Hyderabad, J&K, Junagadh and the several other States which had not acceded to either Dominion were no longer subject to the Crown’s suzerainty as of that date. Both Dominions drew up “Instruments of Accession” for Rulers to sign upon the supposed “Lapse” of Paramountcy that was to occur with the end of British India.
Ever since, the Pakistan Government has argued that Junagadh’s Ruler acceded to Pakistan and Hyderabad’s had wished to do so but both were forcibly prevented by India. Pakistan has also argued the accession to India by J&K’s Ruler was “fraudulent” and unacceptable, and Sheikh Abdullah was a “Quisling” of India and it was not his National Conference but the Muslim Conference of Ibrahim, Abbas and the Mirwaiz (precursor of the Hurriyat) which represented J&K’s Muslims.
India argued that Junagadh’s accession to Pakistan or Hyderabad’s independence were legal and practical impossibilities contradicting the wills of their peoples, and that their integration into the Indian Dominion was carried out in an entirely legitimate manner in the circumstances prevailing.
On J&K, India has argued that not only had the Ruler requested Indian forces to fight off the Pakistani attack, and he acceded formally before Indian forces were sent, but also that democratic principles were fully adhered to in the unequivocal endorsement of the accession by Sheikh Abdullah and the National Conference and further by a duly called and elected J&K Constituent Assembly, as well as generations of Kashmiris since. In the Indian view, it is Pakistan which has been in illegal occupation of Indian territory from Mirpur, Muzaffarabad and Gilgit to Skardu all the way to the Khunjerab Pass, Siachen Glacier and K2, some of which it illegally ceded to its Communist Chinese ally, and furthermore that it has denied the peoples of these areas any democratic voice.
In June 1947, it was uniquely and brilliantly argued by BR Ambedkar in a statement to the Press that the British had made a catastrophic error in comprehending their own constitutional law, that no such thing as “Lapse” of Paramountcy existed, and that suzerainty over the “Native States” of “Indian India” would be automatically transferred in international law to the successor State of British India. It was a legal illusion to think any Native State could be sovereign even for a single logical moment. On this theory, if the Dominion of India was the sole successor State in international law while Pakistan was a new legal entity, then a Native State which acceded to Pakistan after August 15, 1947 would have had to do so with the consent of the suzerain power, namely, India, as may be said to have happened implicitly in case of Chitral and a few others. Equally, India’s behaviour in integrating (or annexing) Junagadh and Hyderabad, would become fully explicable ~ as would the statements of Mountbatten, Nehru and Patel before October 1947 that they would accept J&K going to Pakistan if that was what the Ruler and his people desired. Pakistan unilaterally and by surprise went to war against J&K on October 22, declared the accession to India “fraudulent”, and to this day has claimed the territory of the original State of J&K is “disputed”. Certainly, even if the Ambedkar doctrine is applied that no “Lapse” was possible under British law, Pakistan did not recognise India’s jurisdiction there as the suzerain power as of August 15, 1947. Altogether, Pakistan’s sovereign actions from October 22 onwards amounted to acting to annex J&K to itself by military force ~ acts which came to be militarily resisted (with partial success) by India allied with Sheikh Abdullah’s National Conference and the remaining forces of J&K. By these military actions, Pakistan revealed that it considered J&K territory to have descended into a legal state of anarchy as of October 22, 1947, and hence open to resolution by “Military Decision” ~ as is indeed the just outcome under Roman Law, the root of all municipal and international law today, when there is a contest between claimants over an ownerless entity.
Choice of nationality
Hence, the present author concluded (“Solving Kashmir”, The Statesman December 1-3, 2005) that the dismemberment of the original J&K State and annexation of its territories by India and Pakistan that has occurred since 1947, as represented first by the 1949 Ceasefire Line and then by the 1972 Line of Control, is indeed the just and lawful outcome prevailing in respect of the question of territorial sovereignty and jurisdiction. The remaining “democratic” question described has to do with free individual choice of nationality by the inhabitants, under conditions of full information and privacy, citizen-by-citizen, with the grant of permanent residency rights by the Indian Republic to persons under its jurisdiction in J&K who may choose not to remain Indian nationals but become Afghan, Iranian or Pakistani nationals instead. Pakistan has said frequently its sole concern has been the freedom of the Muslims of J&K under Indian rule, and any such genuine concern shall have been thereby fully met by India. Indeed, if Pakistan agreed to act similarly, this entire complex mortal problem of decades shall have begun to be peacefully resolved. Both countries are wracked by corruption, poverty and bad governance, and would be able to mutually draw down military forces pit against one another everywhere, so as to begin to repair the grave damage to their fiscal health caused by the deleterious draining away of vast public resources .
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