How the India-Bangladesh Enclaves Problem Was Jump-Started in 2007 Towards its 2015 Solution: A Case Study of Academic Impact on Policy

How the India-Bangladesh Enclaves Problem Was Jump-Started in 2007 Towards its 2015 Solution: A Case Study of Academic Impact on Policy

by

Subroto Roy, with Brendan Whyte

Progress on the complex problem of India-Bangladesh enclaves started slightly in 1958 and especially 1974, then came to be stalled completely.  In May 2007 press reports said a joint delegation was doing some survey work.

That same month, I as Contributing Editor at The Statesman newspaper (biding my time away from a corrupted academia) stumbled on the excellent doctoral work done by a young researcher in Australia on what seemed at the time the impossibly intractable problem of India-Bangladesh enclaves.

I wrote to the newspaper’s Editor on 9 May 2007,

Dear Ravi, You may know that there is an incredibly complex problem between India and Bangladesh relating to enclaves between them, some dating back to Cooch Behar and Mughal enclaves 200 years ago. An Australian researcher named Brendan Whyte at the Univ of Melbourne has done the definitive study of the problem. I think we should invite him to produce a 2000-2500 word two parter on his work which would be very helpful to both governments and to public discussion. If you agree, I can write to him and invite him or you can do so directly. I will have to find his email. Regards Suby

I enclosed a published abstract of Whyte’s work:

“Waiting for the Esquimo: An historical and documentary study of the Cooch Behar enclaves of India and Bangladesh. Whyte, Dr Brendan (2002) “Waiting for the Esquimo: An historical and documentary study of the Cooch Behar enclaves of India and Bangladesh” School of Anthropology, Geography and Environmental Studies, University of Melbourne

“Enclaves are defined as a fragment of one country totally surrounded by one other. A list of the world’s current enclaves and a review of the literature about them reveals a geographical bias that has left enclaves outside western Europe almost untouched. This bias is particularly noticeable in the almost complete absence of information on the Cooch Behar enclaves, along Bangladesh’s northern border with India. The Cooch Behar enclaves number almost 200. This total includes about two dozen counter-enclaves (enclaves within enclaves), and the world’s only counter-counter-enclave. Together, these enclaves represent 80% of the total number of enclaves existing in the world since the 1950s, and have been at the centre of Indo-East Pakistani and then Indo-Bangladeshi boundary disputes since Cooch Behar acceded to India in 1949.

The incredibly complex Cooch Behar sector of the Indo-Bangladesh boundary is investigated in detail for the first time, from historical, political and geographical perspectives. The history of the enclaves is traced, from their origin c.1713 until the present, in an attempt to understand their genesis and survival under a succession of states, from the Kingdom of Cooch Behar and the Mughal Empire in the 1700s, to Bangladesh and the Republic of India today. The difficulties of the enclaves’ existence for their residents and the two countries today is contrasted with their peaceful, albeit administratively inconvenient, existence until 1947, to prove that the enclaves themselves are not the cause of border tensions in the area, but are rather a focus for other cross-border disputes.

The current situation of the enclaves is described, highlighting the abandonment of the enclave residents by each country, which refuse to allow the other to administer its exclaves. India’s inability to implement a 1958 treaty with Pakistan, and its continued delay in ratifying a subsequent 1974 treaty with Bangladesh to exchange the enclaves is highlighted as the major factor impeding resolution of the enclave dispute. That the delays have been rooted in Indian internal politics is demonstrated. Highly disparate official and media reports as to the number, area and population of the enclaves are analysed to determine the true extent of the enclave problem, and the first ever large-scale map of the enclaves is published, locating and naming each enclave.”

The Statesman‘s Editor agreed, and I went about trying to locate Dr Whyte. I think I phoned Australia, asked after him, and learnt he was a New Zealander teaching at a university in Thailand.  On 10 May, I wrote to his former department head, Ian Rutherfurd:

Dear Dr Rutherfurd, I am Contributing Editor at The Statesman of Calcutta and New Delhi, and would like to be in touch with your colleague Brendon Whyte but there is no email for him at your site. Please tell him we much wish him to write a two-part article on the editorial page (over two days) for us of less than 2500 words in total on his important research on the India-Bangladesh enclaves. There would be a relatively tiny honorarium probably from the Editor but a large impact on policy and public discussion in both countries. The Statesman is India’s oldest and most eminent newspaper. It may be seen at http://www.thestatesman.net and I am to be found at http://www.independentindian.com Many thanks,  Subroto Roy, PhD (Cantab.), BScEcon (London), Contributing Editor

Brendan Whyte replied the same day:

Dear Dr Roy, I have received your message, and am honoured to be asked to write a piece for your paper. I now work in Thailand. Are there any further details regarding this assignment in addition to your information below? For example, is there a deadline, and if so, when? Do you want/can you accept maps/photos and if so how to send them to you? Can the text be sent to you be email or do you prefer a printed version instead of/in addition to an email? Regarding email should the text be in the body of an email or do you prefer an attachment in Word/RTF or other format? Do you prefer a Word document, or should the text be in the body of an email Thank you very much Brendan Whyte, PhD, Faculty of Management Science,Ubon Ratchathani University, THAILAND

I wrote back the same day

Dear Dr Whyte, Many thanks for the quick reply, and our thanks to your colleagues for locating you. The Statesman’s editorial page is as influential a place as there can be in serious Indian public discussion, though I have to say there is far too little such discussion in the country. At my suggestion, the Editor has invited a 2500 word two-part article (over two days); I have said you may have done the definitive work in the area. I know nothing of the subject and am reluctant to suggest any further guidelines, and leave to you to say what you wish once you get a sense of the audience and likely impact. I have in recent months published numerous special articles in The Statesman, and these may be seen at http://www.independentindian.com to give you a sense of the kind of quality you may aim at — though certainly we are a newspaper and not a technical journal. Regarding graphs, each article would have an illustration a few inches square and if you felt you could squeeze the relevant data into two such articles for the two days it would be excellent. Do drop by Calcutta when you can. The honorarium will be a few thousand rupees I expect though the Editor has not specified it yet. No there is no time rush; I accidentally found your work through a wordpress.com blog on strange maps. On second thoughts, if your articles generated invitations from geography departments in India or other invitations to give lectures on the subject, that too would be a worthwhile aim. Best regards Suby Roy

Brendan sent his proposed article a month later in June.

I replied:

Hello, I have reduced it by 300 words without reducing any substance. I hope you may agree. Can you please try to reduce another 200 words, eg of the Belgian/Dutch case? I normally don’t allow anyone to touch my stuff so if you would like to try to reduce it all yourself, that’s fine. Also, 198 is not equal to 106+91+3+1. Please send all the graphics you may think suitable, and people here will try to figure out what to use. It may all go on one day on the Op-Ed page, I have no iodea what the Editor may decide. Also add your PhD University Thanks for this. The work is excellent and I hope it brings you the publicity you deserve. Suby Roy

Brendan sent his final draft on 16 July 2007

Hi Suby, My apologies that this has taken me so long, but the teaching year has been so busy! I have reduced it to 2274 words, about 10% below your limit of 2500. It is attached as a Word file, and appended below as plain text. I hope to send some illustrations separately in the next day or two. Let me know if the revised article is ok or not. Thanks, Brendan

I wrote to the Editor again the same day:

Subject: India-Bangladesh Enclaves: A Major Foreign Policy Problem Solved

Dear Ravi, Apropos our correspondence two months ago, Dr Brendan Whyte has at our request produced an excellent analysis of one of the trickiest and longest-standing problems between India and Bangladesh, viz. enclaves. Dr Whyte is a political geographer from New Zealand who worked on this subject for his doctoral thesis at the University of Melbourne, Australia. He apparently teaches in Thailand at present. By publishing this, we will be doing the MEA a very big favour, besides of course contributing to an important yet neglected public problem relevant to Eastern India. I recommend it for a Saturday night-Sunday night two-parter, rather than the Perspective page, given its close factual basis. Sincerely, Suby.

I wrote to Brendan:

Hello, Your article looks to me first-rate. The basis of a Government White Paper on this side or that. I have forwarded it to the Editor with my recommendation. Please send me any illustrations asap, as he may go with it any day though likely not before the weekend. Best wishes SR

Brendan Whyte’s 16 July 2007 final draft was this:

“The Enclave Problem: India and Bangladesh can and must solve this 300 year problem!

There are 198 “enclaves” (chhit-mahals) between India and Bangladesh. Cooch Behar district has 106 enclaves in Bangladesh, and Bangladesh has 92 enclaves in India: 88 in Cooch Behar, 3 in Jalpaiguri, and 1 between Cooch Behar and Assam’s Dhubri district. The enclaves vary from clusters of villages to individual fields. The smallest Indian enclave may be Panisala, only 0.1093 ha; the smallest Bangladeshi enclave is Upan Chowki Bhajni #24 at 0.2870 ha. The largest are India’s Balapara Khagrabari at 25.95 sq. km, and Bangladesh’s 18.68 sq. km Dahagram-Angarpota. The 198 enclaves also include 3 Indian and 21 Bangladeshi counter-enclaves (enclaves within enclaves). India also possesses the world’s only counter-counter-enclave: a 0.69 ha jute field inside a Bangladeshi enclave inside an Indian enclave inside Bangladesh! Enclave populations-sizes are unknown. The last censuses to include enclaves were in 1951, although the Pakistani enumeration was incomplete. The population today is probably under 100,000 persons in total, 60% living in Indian enclaves in Bangladesh, the rest in Bangladeshi enclaves in India.

The enclaves are 300 years old, originating during the Mughal wars against Cooch Behar in the late 1600s. A treaty was concluded in 1711 in which the Mughals obtained three chaklas from Cooch Behar, but the Subahdar of Bengal rejected the treaty and forced Cooch Behar to cede further lands in 1713, reducing it to about its present borders. This second treaty is the origin of the enclaves: as in feudal Europe, the holdings of kings and their vassals were not contiguous wholes but rather a patchwork of land parcels, so the ceded chaklas included lands inside the unceded areas and vice versa. The East India Company fixed the Bengal-Cooch Behar boundary about 1773, and by 1814 noted that the enclaves were safe havens for bandits. Yet the Company itself created more enclaves in 1817 when it adjudicated a territorial dispute between Cooch Behar and Bhutan, creating Cooch Behari enclaves in then-Bhutanese territory (now Alipar Duar district of Jalpaiguri). These enclaves remained when the British annexed the Bhutanese lands in 1865.

The British quashed the bandit menace but proliferation of liquor, ganja and opium shops in the enclaves became an excise problem between Bengal and Cooch Behar. After discussions, the main boundary of Cooch Behar became the customs and excise boundary. All Cooch Behar enclaves in British India fell under British excise control while all British enclaves in Cooch Behar fell under Cooch Behari excise control. This practical solution to the problem in hand left the sovereignty of the enclaves intact.

A full exchange of enclaves was suggested by the British in the early 1930s, to reduce the costs of the upcoming survey and demarcation of the Cooch Behar boundary but the idea was dropped in face of strong local objections, and all the enclaves were surveyed and demarcated with pillars by the late 1930s.

Partition and independence in 1947, and the subsequent accession of Cooch Behar to India in 1949, elevated the enclaves to the international level. Initially this was unproblematic, with India and Pakistan concluding agreements on cross-border trade and movement in the enclave areas. Censuses in 1951 included the enclaves. But Pakistan’s unilateral 1952 introduction of visas requirements, and immediate Indian reciprocation sealed the fate of the enclave dwellers. High-level politics subordinated the needs of enclave dwellers on both sides.

Full exchange was again agreed upon by the 1958 Nehru-Noon Accord, and this was reiterated in modified form in the 1974 Indira-Mujib Agreement between India and Bangladesh (Bangladesh would keep its largest enclave, Dahagram-Angarpota, to guarantee access to which, India would lease it a short corridor. But a succession of mainly Indian legal challenges regarding the constitutionality of both accords prevented implementation until 1992, when the Tin Bigha corridor was finally opened. The exchange of the remaining enclaves, agreed in 1958 and 1974 and cleared of legal challenged by 1990 remains unimplemented, despite constant Bangladeshi calls for India to implement the agreements fully.

Meanwhile, since the 1950s the chhit mahalis, or enclave dwellers, have been effectively rendered stateless by the two governments abandoning responsibility for them.

India’s fencing of its border with Bangladesh has added a physical dimension to the political isolation of its own enclaves. The chhit mahalis on both sides are unable to vote, to attend schools or markets, to be helped by NGOs working in either country, or to seek police help or medical attention. Each country claims its original citizens have been forced out of their enclaves by the population of the other country surrounding them, and so each country refuses to extend its governmental responsibilities to the supposed invaders. Simultaneously each denies it can legally assist the populations of the other country’s enclaves inside its own territory. Abandoned by both sides, the chhit mahalis struggle to survive without the ability to protect their rights, homes or lives. Bandits once more make use of the enclaves to escape the jurisdiction of the surrounding state.

The problem is one of India and Bangladesh’s own making but it is not unique. Since 1996, when the Lithuanian enclave of Pogiry in Belarus (population: three) was exchanged for equivalent land, 259 enclaves have remained on the world map. Besides India-Bangladesh, there are 61 enclaves affecting 21 countries as owners or hosts. Most consist of a single farm, or a village and its surrounding farmland, inside a neighbouring country. Some approach the complexity of the Cooch Behar enclaves, such as 30 enclaves (including 8 counter-enclaves) belonging to Belgium and the Netherlands in the village of Baarle (population 8500).

The Belgian-Dutch enclaves originated in a feudal agreement c.1198, and emerged at the international level when Belgium declared independence from the Netherlands in 1830. The enclaves were an annoyance to customs, police and foreign ministry officials; but arrangements allowed goods to pass into and through the enclaves, paying tax only if they were destined for the other country or its enclaves. Nevertheless, smuggling brought prosperity to a village on the economic and political periphery of both countries. Today the village park boasts a statue honouring the smugglers. The economic union of Belgium and the Netherlands and the subsequent European Union have eliminated the profitabililty of smuggling without the need for policing or fences. Differences in tax rates and national laws remain, so that some types of business, such as sex or fireworks shops can only operate in one country and its enclaves, and not in the other. Yet the village happily contains both sorts of shops, each in the permitting country, but serving customers from both. Different planning laws, educational syllabii, post offices, town halls, and churches exist side by side. Several businesses and houses straddle the enclave boundaries, enjoying two postal address and two telephone connections. The policemen from each country share an office. The fire departments work together with special hose-coupling devices. Utilities, sewerage, road maintenance and rubbish collection are conducted by one country or  he other for the population of both. Where a national law unduly inconveniences the enclaves, an exception is granted. Thus while Sunday shopping is illegal in the Netherlands, the shops in Baarle’s Dutch enclaves may open on Sundays to compete with the Belgian shops, and the village has a thriving Sunday market, drawing crowds from both countries. Before the Euro was introduced, all shopkeepers and government offices accepted both national currencies. Overall the village has boomed as a border market, increasingly tourism-oriented, marketing its enclaves as a tourist attraction. Without the enclaves Baarle would be a small unimportant village. The enclaves have allowed it to surpass its neighbouring villages in size and prosperity.

Other enclaves are often placed inside the customs, postal or telephone jurisdiction of the surrounding country. Switzerland tolerates a casino in the Italian tax-haven enclave of Campione d’Italia, on condition that Swiss citizens have a daily betting limit. Germany’s village of Büsingen, also inside Switzerland, is inside the Swiss customs and currency area, not that of the EU. Passage from the UAE into the Omani enclave of Madha and into the UAE’s counter-enclave of Dahwa inside remain free of controls for locals and foreigners alike. On Cyprus, locals from two villages enclaved inside the British territory (and military base) of Dhekelia move about freely, and farm land under both British and Cypriot sovereignty.

What can India and Bangladesh learn from these foreign enclave cases? They have three main options. The worst is to maintain the status quo, each country refusing to properly govern its own enclaves while also forbidding the other to govern its enclaves across the intervening territory. This “dog-in-the-manger” attitude has reduced the enclaves to poverty and despair, countenanced violence and oppression, fostered corruption, and encourages the problems of criminal dens and drug-cultivation in the enclaves.

The second option is an enclave exchange. Inhabitants should be given two independent options concerning citizenship and relocation. For up to two years after the enclave exchange, they should have the option to choose whether to retain their current citizenship or to become citizens of the other country. They should also have the independent option to remain owning and farming the land they occupy after its tranfer to the other country, or of being resettled on land of equivalent value, size and productive capacity in their original country. There is no reason why they should not be able to choose to stay in situ and retain their old citizenship, nor why they could not hold both citizenships: dual nationality is an increasingly common occurrence worldwide.

The problems with this policy include a requirement for equivalent land for the resettlement of those wishing to relocate, and the need for each country to recognise the inhabitants of its enclaves as its own citizens before exchange. An imbalance in the numbers on each side desiring resettlement will cause difficulties. But it would only repeat the injustices of the 1947 partition if an exchange was made without addressing the needs of the enclave inhabitants, and allowing them some input into the process. The enclaves also form the world’s most complicated boundary, and include the world’s only counter-counter-enclave: so another problem with exchange is heritage loss. Finally, an exchange of enclaves is also an admittance of failure.

Enclave exchange will remove a cartographic anomaly but it will not solve the underlying tensions in bilateral relations. The enclaves are not a problem in themselves but are simply a focus point for distrust and tension created elsewhere. Exchange may not improve the lives of the chhit mahalis, who may end up marginalised, landless and dispossessed by the exchange process. Even if able to remain on their lands, they will still be living in an economically and politically peripheral location. Therefore any exchange should be entered into only with the will of, and in full consultation with, the people involved, so as not to become a further injustice.

A third policy is to retain the enclaves but improve their situation. The 30 enclaves of Belgium and the Netherlands at Baarle, along with other enclaves of Europe and the Middle East, are a good model for this. The advantages are many. It would put the enclave dwellers in charge of their own destiny, leaving them on their lands, but able to engage fully as citizens of their own country.

The distances between each country and its own enclaves are small, often less than one kilometre, rarely more than two or three. Designated access routes, for foot, cart and motorised traffic, could be easily set up and policed. This would allow enclave dwellers to traverse the intervening country to reach the nearest schools and markets of their own country. The local district commissioners should be granted authority to meet frequently and at will to discuss any problems and work out local solutions, without having to refer to New Delhi or Dhaka. Officials such as teachers, doctors, district officials, electoral officers, census enumerators and police should also be permitted visa-free access on demand. Which country’s currency, excise laws, and postal system, electricity and other services are used in an enclave should be based on principles of efficiency, not on chauvinistic nationalism.

There is no reason why exchange of enclaves for customs and excise purposes made in the 1930s could not be readopted. Indian enclaves could be alcohol-free like surrounding Bangladesh, and Bangladeshi enclaves could be prohibited from slaughtering cows as in India. This is no more a threat to the sovereignty of either country than is the differing alcohol and tax regimes of the Indian states and territories. The unique border situation of the enclaves would encourage tourism to this forgotten region in both countries, offering new economic possibilities to an area devoid of industrial capability and development.

India and Bangladesh are not alone in wrestling with the problem of enclaves. Similar problems have been solved in most other enclaves around the world. The long-delayed exchange of the Cooch Behar enclaves, mooted since 1910 and agreed upon in 1958 may simplify the border itself, but it is unlikely to improve bilateral relations, assist economic development of the area or improve the lives of the enclave dwellers. The needs and desires of the chhit-mahalis must be taken into account, but action must be taken to remove their current effective statelessness. The examples of successful enclaves elsewhere in the world suggest that even if relations between two countries are not completely harmonious, enclaves can exist and be beneficial to the economic potential of the area and the prosperity of its inhabitants. These two aspects are the raison d’etre of government, hence it behoves the governments concerned to ensure that any solution to the enclave problem addresses these issues and not merely cartographic simplification, which may only cement the 1947 division more firmly.”

Brendan’s article was published in two parts on Sunday and Monday  July 22 2007 &  July 23 2007 with very slight alteration –except the splendid maps he had sent failed to be published!

“The Enclave Problem India, Bangladesh can and must solve this 300-year-old issue! By BRENDANWHYTE

There are 198 “enclaves” (chhit-mahals) between India and Bangladesh. Cooch Behar district has 106 enclaves in Bangladesh, and Bangladesh has 92 enclaves in India: 88 in Cooch Behar, 3 in Jalpaiguri, and 1 between Cooch Behar and Assam’s Dhubri district. The enclaves vary from clusters of villages to individual fields. The smallest Indian enclave may be Panisala, only 0.1093 ha; the smallest Bangladeshi enclave is Upan Chowki Bhajni #24 at 0.2870 ha. The largest are India’s Balapara Khagrabari at 25.95 sq. km, and Bangladesh’s 18.68 sq. km Dahagram-Angarpota. The 198 enclaves also include 3 Indian and 21 Bangladeshi counter-enclaves (enclaves within enclaves). India also possesses the world’s only counter-counter-enclave: a 0.69 ha jute field inside a Bangladeshi enclave inside an Indian enclave inside Bangladesh! Enclave population-sizes are unknown. The last census to include enclaves was conducted in 1951, although the Pakistani enumeration was incomplete. The population today is probably under 100,000 in total, 60% living in Indian enclaves in Bangladesh, the rest in Bangladeshi enclaves in India. The enclaves are 300 years old, originating during the Mughal wars against Cooch Behar in the late 1600s. A treaty was concluded in 1711 in which the Mughals obtained three chaklas from Cooch Behar, but the Subahdar of Bengal rejected the treaty and forced Cooch Behar to cede further lands in 1713, reducing it to about its present borders. This second treaty is the origin of the enclaves: as in feudal Europe, the holdings of kings and their vassals were not contiguous wholes but rather a patchwork of land parcels, so the ceded chaklas included lands inside the unceded areas and vice versa. The East India Company fixed the Bengal-Cooch Behar boundary about 1773, and by 1814 noted that the enclaves were safe havens for bandits. Yet the Company itself created more enclaves in 1817 when it adjudicated a territorial dispute between Cooch Behar and Bhutan, creating Cooch Behari enclaves in then-Bhutanese territory (now Alipurduar district of Jalpaiguri). These enclaves remained when the British annexed the Bhutanese lands in 1865. The British quashed the bandit menace but proliferation of liquor, ganja and opium shops in the enclaves became an excise problem between Bengal and Cooch Behar. After discussions, the main boundary of Cooch Behar became the customs and excise boundary. All Cooch Behar enclaves in British India fell under British excise control, while all British enclaves in Cooch Behar fell under Cooch Behari excise control. This practical solution to the problem in hand left the sovereignty of the enclaves intact. A full exchange of enclaves was suggested by the British in the early 1930s, to reduce the costs of the upcoming survey and demarcation of the Cooch Behar boundary but the idea was dropped in face of strong local objections, and all the enclaves were surveyed and demarcated with pillars by the late 1930s. Partition and independence in 1947, and the subsequent accession of Cooch Behar to India in 1949, elevated the enclaves to the international level. Initially this was unproblematic, with India and Pakistan concluding agreements on cross-border trade and movement in the enclave areas. The 1951 census included the enclaves. But Pakistan’s unilateral 1952 introduction of visa requirements, and immediate Indian reciprocation sealed the fate of the enclave dwellers. High-level politics subordinated the needs of enclave dwellers on both sides. Full exchange was again agreed upon by the 1958 Nehru-Noon accord, and this was reiterated in a modified form in the 1974 Indira-Mujib agreement between India and Bangladesh (Bangladesh would keep its largest enclave, Dahagram-Angarpota, to guarantee access to which, India would lease it a short corridor). But a succession of mainly Indian legal challenges regarding the constitutionality of both accords prevented implementation until 1992, when the Tin Bigha corridor was finally opened. The exchange of the remaining enclaves, agreed in 1958 and 1974 and cleared of legal challenges by 1990 remains unimplemented, despite constant Bangladeshi calls for India to implement the agreements fully. Meanwhile, since the 1950s the chhit mahalis, or enclave dwellers, have been effectively rendered stateless by the two governments abandoning responsibility for them. India’s fencing of its border with Bangladesh has added a physical dimension to the political isolation of its own enclaves. The chhit mahalis on both sides are unable to vote, to attend schools or markets, to be helped by NGOs working in either country, or to seek police help or medical attention. Each country claims its original citizens have been forced out of their enclaves by the population of the other country surrounding them, and so each country refuses to extend its governmental responsibilities to the supposed invaders. Simultaneously each denies it can legally assist the populations of the other country’s enclaves inside its own territory. Abandoned by both sides, the chhit mahalis struggle to survive without the ability to protect their rights, homes or lives. Bandits once more make use of the enclaves to escape the jurisdiction of the surrounding state. The problem is one of India and Bangladesh’s own making but it is not unique. Since 1996, when the Lithuanian enclave of Pogiry in Belarus (population: three) was exchanged for equivalent land, 259 enclaves have remained on the world map. Besides India-Bangladesh, there are 61 enclaves affecting 21 countries as owners or hosts. Most consist of a single farm, or a village and its surrounding farmland, inside a neighbouring country. Some approach the complexity of the Cooch Behar enclaves, such as 30 enclaves (including 8 counter-enclaves) belonging to Belgium and the Netherlands in the village of Baarle (population 8500). The Belgian-Dutch enclaves originated in a feudal agreement c.1198, and emerged at the international level when Belgium declared independence from the Netherlands in 1830. The enclaves were an annoyance to customs, police and foreign ministry officials; but arrangements allowed goods to pass into and through the enclaves, paying tax only if they were destined for the other country or its enclaves. Nevertheless, smuggling brought prosperity to a village on the economic and political periphery of both countries. Today the village park boasts a statue honouring the smugglers. The economic union of Belgium and the Netherlands and the subsequent European Union have eliminated the profitabililty of smuggling without the need for policing or fences. Different town halls and churches exist side by side. Several businesses and houses straddle the enclave boundaries, enjoying two postal addresses and two telephone connections. The policemen from each country share an office. The fire departments work together with special hose-coupling devices. Utilities, sewerage, road maintenance and rubbish collection are conducted by one country or the other for the population of both. Where a national law unduly inconveniences the enclaves, an exception is granted. Thus while Sunday shopping is illegal in the Netherlands, the shops in Baarle’s Dutch enclaves may open on Sundays to compete with the Belgian shops, and the village has a thriving Sunday market, drawing crowds from both countries. Before the Euro was introduced, all shopkeepers and government offices accepted both national currencies. Overall the village has boomed as a border market, increasingly tourism-oriented, marketing its enclaves as a tourist attraction. Without the enclaves Baarle would be a small unimportant village. The enclaves have allowed it to surpass its neighbouring villages in size and prosperity. Other enclaves are often placed inside the customs, postal or telephone jurisdiction of the surrounding country. Switzerland tolerates a casino in the Italian tax-haven enclave of Campione d’Italia, on condition that Swiss citizens have a daily betting limit. Germany’s village of Büsingen, also inside Switzerland, is inside the Swiss customs and currency area, not that of the EU. Passage from the UAE into the Omani enclave of Madha and into the UAE’s counter-enclave of Dahwa inside remain free of controls for locals and foreigners alike. On Cyprus, locals from two villages enclaved inside the British territory (and military base) of Dhekelia move about freely, and farm land under both British and Cypriot sovereignty. (To be concluded)

The enclave problem~II What can India and Bangladesh learn from these foreign enclave cases? They have three main options. The worst is to maintain the status quo, each country refusing to properly govern its own enclaves while also forbidding the other to govern its enclaves across the intervening territory. This “dog-in-the-manger” attitude has reduced the enclaves to poverty and despair, countenanced violence and oppression, fostered corruption, and encouraged the problems of criminal dens and drug-cultivation in the enclaves. The second option is an enclave exchange. Inhabitants should be given two independent options concerning citizenship and relocation. For up to two years after the enclave exchange, they should have the option to choose whether to retain their current citizenship or to become citizens of the other country. They should also have the independent option to remain owning and farming the land they occupy after its transfer to the other country, or of being resettled on land of equivalent value, size and productive capacity in their original country.

Dual nationality There is no reason why they should not be able to choose to stay in situ and retain their old citizenship, nor why they could not hold both citizenships: dual nationality is an increasingly common occurrence worldwide. The problems with this policy include a requirement for equivalent land for the resettlement of those wishing to relocate, and the need for each country to recognise the inhabitants of its enclaves as its own citizens before exchange. An imbalance in the numbers on each side desiring resettlement will cause difficulties. But it would only repeat the injustices of the 1947 Partition if an exchange was made without addressing the needs of the enclave inhabitants, and allowing them some input into the process. The enclaves also form the world’s most complicated boundary, and include the world’s only counter-counter-enclave: so another problem with exchange is heritage loss. Finally, an exchange of enclaves is also an admittance of failure. Enclave exchange will remove a cartographic anomaly but it will not solve the underlying tensions in bilateral relations. The enclaves are not a problem in themselves but are simply a focus point for distrust and tension created elsewhere. Exchange may not improve the lives of the chhit mahalis, who may end up marginalised, landless and dispossessed by the exchange process. Even if able to remain on their lands, they will still be living in an economically and politically peripheral location. Therefore any exchange should be entered into only with the will of, and in full consultation with, the people involved, so as not to become a further injustice. A third policy is to retain the enclaves but improve their situation. The 30 enclaves of Belgium and the Netherlands at Baarle, along with other enclaves of Europe and the Middle East, are a good model for this. The advantages are many. It would put the enclave dwellers in charge of their own destiny, leaving them on their lands, but able to engage fully as citizens of their own country. The distances between each country and its own enclaves are small, often less than one kilometre, rarely more than two or three. Designated access routes, for foot, cart and motorised traffic, could be easily set up and policed. This would allow enclave dwellers to traverse the intervening country to reach the nearest schools and markets of their own country. The local district commissioners should be granted authority to meet frequently and at will to discuss any problems and work out local solutions, without having to refer to New Delhi or Dhaka. Officials such as teachers, doctors, district officials, electoral officers, census enumerators and police should also be permitted visa-free access on demand. Which country’s currency, excise laws, and postal system, electricity and other services are used in an enclave should be based on principles of efficiency, not on chauvanistic nationalism. There is no reason why exchange of enclaves for customs and excise purposes made in the 1930s could not be readopted. Indian enclaves could be alcohol-free like surrounding Bangladesh, and Bangladeshi enclaves could be prohibited from slaughtering cows as in India. This is no more a threat to the sovereignty of either country than is the differing alcohol and tax regimes of the Indian states and territories. The unique border situation of the enclaves would encourage tourism to this forgotten region in both countries, offering new economic possibilities to an area devoid of industrial capability and development.

Economic potential

India and Bangladesh are not alone in wrestling with the problem of enclaves. Similar problems have been solved in most other enclaves around the world. The long-delayed exchange of the Cooch Behar enclaves, mooted since 1910 and agreed upon in 1958 may simplify the border itself, but it is unlikely to improve bilateral relations, assist economic development of the area or improve the lives of the enclave dwellers. The needs and desires of the chhit-mahalis must be taken into account, but action must be taken to remove their current effective statelessness. The examples of successful enclaves elsewhere in the world suggest that even if relations between two countries are not completely harmonious, enclaves can exist and be beneficial to the economic potential of the area and the prosperity of its inhabitants. These two aspects are the raison d’etre of government, hence it behooves the governments concerned to ensure that any solution to the enclave problem addresses these issues and not merely cartographic simplification, which may only cement the 1947 division more firmly.

(Concluded)”

I wrote to him immediately Hello, You were published in yesterday’s Sunday Statesman and continued in this morning’s edition, as the special article on the editorial page. I am enclosing the text as it appears on the Internet edition. Through some apparent editorial mishap, the illustrattions you sent never got published, and two photographs were used. I think you could follow it up with an invited talk in Kolkata. If you wish, I can look into that possibility. Send me a cv if you are interested and I shall see what I can do. Re working with me on the China-India problem, a visit from you might enable us to talk further. I am introducing you separately to the Editor’s assistant who should help with copies, money etc. Best wishes Subroto Roy

All that was between May and July 2007.

On 6 September 2011, Dr Manmohan Singh as India’s PM on a visit to Bangladesh apparently signed what the India’s Foreign Ministry calls the “2011 Protocol”. And now a few days ago, Prime Minister Sheik Hasina, Prime Minister Narendra Modi, along with the agreement of Chief Minister Mamata Banerjee, have all signed a comprehensive landmark “Land Boundary Agreement” between India and Bangladesh, solving the 300 year problem!  All’s well that ends well…

And yes, Excellencies, PM Sheikha Hasina, PM Narendra Modi, former PM Manmohan Singh, CM Mamata Banerjee: re the Land Boundary Agreement, Dr Brendan Whyte and I and The Statesman newspaper may all take a bow after you…

Nota Bene:  The Statesman for some reason did not publish along with Dr Whyte’s excellent article these important maps which are now published here below for the first time:

Eastmainwest

A personal note: The words “enclave” and “No Man’s Land” entered my vocabulary due to my father back in January 1965 when we crossed from India through No Man’s Land into what was then East Pakistan. He was with India’s diplomatic post in Dhaka and during the 1965 war would be acting head while his friend G Parthasarathi was head of Mission in Karachi [Correction November 2015: Parthasarathi left shortly before the war, replaced in August 1965 by Kewal Singh]. Half a dozen years later in the summer of 1971, I was a schoolboy volunteer in West Dinajpur helping in small ways the innumerable refugees who had poured across the porous boundary with East Dinajpur during the tyranny West Pakistan had unleashed in East Pakistan; there was effectively no boundary distinction left then. I dedicate my part of this work to my late father MK Roy 1915-2012.

Conversations with Kashmiris: An Ongoing Facebook Note

From Facebook:

Subroto Roy regrets getting the sisters’ names wrong earlier; they were not Kulsooma and Yasmin but Akhtara, 19, and Arifa, 17. Their killings by terrorists in Sopore, and that of young Manzoor Ahmad Magray, 22, by the Army in Handwara within the week, mark a tipping point, for myself at least.

Subroto Roy reflecting on the Lashkar-e-Toiba killing of the teenage Sopore sisters and the Indian Army killing of Manzoor Ahmad Magray in Handwara, all in one week, is reminded only of: *Where be these enemies?… See, what a scourge is laid upon your hate,…all are punish’d.*

 

 

From Facebook:

Subroto Roy says at Seema Mustafa’s Wall “Some of these comments seem to be addressed to me in a somewhat ill-mannered way.  I am due to speak in Lahore next month on Kashmir and Pakistan, and have published quite extensively over 20 years perhaps on the subject, apropos the University of Hawaii volume *Foundations of Pakistan’s Political Economy: Towards an Agenda for the 1990s* etc.

http://www.facebook.com/note.php?note_id=247284116125&id=632437284

http://www.facebook.com/photo.php?fbid=171926377284&set=a.136688412284.112038.632437284

I am quite happy to engage in any conversation with any shade of opinion from the leader of the United Jehad Council onwards. But discussion needs to be in English not pidgin English or slang, it needs to be polite and well-mannered, and it needs to be as well thought out and well-informed as possible. I may be addressed as Dr Roy or Mr Roy by people I do not know.

Subroto Roy says to Mr Changal, Apropos your “@mr roy…. i hope u carry a message that KASHMIRIS WIL NEVER LIKE TO B A PART OF INDIA”, I am given to understand that you as an individual have no wish to be an Indian national, which to me is fair enough. A lot of Indian nationals have travelled after all to the USA, Britain etc and there have gone about freely renouncing their Indian nationality and accepting that of another country. May I assume that if you, as an individual, were given such a choice by the Govt of India to formally renounce, on paper, in a private  decision with full security and no fear of repercussions, your Indian nationality, you would do so? You may then become stateless in international law, following which the Govt of India could assist you as an individual to accept the nationality of some other country for which you were eligible, e.g. the Islamic Republic of Iran or the Islamic Republic of Afghanistan or the Islamic Republic of Pakistan. If that went through properly, the Govt of India could also give you full “Green Card” or PIO status vis a vis the Indian territory you may wish to live or work etc in.

Ajmal Nazir ‎@ subroto sir…..I personally appreciate the kind of efforts you are putting to highlight the meseries that kashmiris are going through. May God succeed you in your efforts . However there are lot of realities that one need to understand before talking about Kashmir.This issue is not a demographical or political issue. This is an human issue where kashmiris suffer. Before going into any discussion , both Pakistan and India should understand that this problems is taking its toll on common kashmiri who is getting killed everyday.  Kashmir is like a beautiful prison where one can survive but cannot live freely. It looks completely normal from outside. But unfortunately you cannot see the fear that is inside the hearts of common people. You cannot see the uncertainty in the minds of those people.I wish you could have feel the fear in the mind of mothers when their kids are outside. I wish you could have feel the fear in the eyes of kids, when they see these indian forces roaming in their fields. There is a check post in every corner of the street, where it is obligatory for us to go through checking. We have to prove our identity in our own homes. It is not happening only on 26th Jan (like it happens in your states ]. It happening everyday, every-hour and every-time.I wish you could feel the fear when we have to go through these checking. Everyday, we have to make sure that we come home before 6:00 pm otherwise you will be picked up and your name will get added into hundrends and thousands of disappeared people. There are so many fake encounters happening in valley that nobody from outside world knows. Try to listen to local news here and there is a separate sections which tells you about the number of people that got killed every 24 hours. In 90’s that list was always above 20 and there was no such news outside kashmir. There is no such family in kashmir that hasn’t suffer I am not talking about mental suffering, I am talking about where somebody got killed.I wish you could have seen the pain of those mothers who lost their innocent sons, I wish you could seen the hopelessness in the minds of those fathers, who lost their only sons. There are so many half widows in kashmir, whose husbands were picked by forces and they never came back. they are still waiting for their husbands to return. In every community , there is an orphanage, where you will find the so many orphan kids. i believe you will find the most numbers orphans in kashmir than in any other state. These suffering are not visible from outside.We need to feel like kashmiris to understand these problems You need to take little pain to find the actual realities in kashmir. Every kashmir including our pandiths brothers suffer. KAshmir issue is not the political issue, neither is it regional issue. This is a human issue . This issue is not related to the geographical demographies, it is related with the people who live there.These boundaries are of no meaning for those mothers and fathers, who suffer everyday. If Indian wants kashmir, you have to win the hearts of kashmiris, Treat us like humans, Give us basic human rights . Release kashmiris from this militarized prison. Let us decide what is good for us.. Give us the freedom to express our problems. Let us bring kashmiris youth in your national media and let them discuss this issue. India is a democratic country so i believe everybody has a right to express their feelings.Highlight our miseries and punish the culprits who have killed innocent kashmiris.  How can you justify the killing of those small kids who pelt stones on the streets. Does indian constitution allow killings of kids if they pelt stones. If they damage property, arrest them but how can we kill those small kids.Even some where beaten to death.What about Tufail Matoo who got killed when he was going to tuition classes. He didn;t damage any property. There are so many untold stories in kashmir that nobody knows.

Subroto Roy says to Mr Nazir, Thank you for the lengthy and pertinent statement which clearly reflects your experience as well as your hopes and fears. I have no hesitation in accepting your saying the situation in recent times has become intolerable for ordinary people. I believe it is the outcome of a process which has evolved over decades in which the peoples and Governments of India, the peoples and Governments of Pakistan, and the peoples and Governments of J&K too, have all contributed. It is something for which *everyone* is responsible, no single person or country or community can be said to be exempt (other than perhaps the gentle people of Laddakh). And all the facts of history and the present have to be understood, and yes felt as well — each and every clear fact. I hope to show how this may be done during my Lahore lectures next month. Cordial regards and thanking you once more.

Subroto Roy says to Mr Changal, Thank you for the reply though you may have made a mistake with my identity: I am not Mr Subroto who has been a senior minister in Indonesia, but rather Dr Roy or Mr Roy as you please. No I do not think I am or would want to be blind to any atrocities by armed forces on civilians in any country, my own included. Apropos your statement “we reject the illegal n forceful occupation of kashmir by the cruel hindu india”, I shall be glad to hear the basis of your opinion. Re Hindus and Muslims and my opinion thereof, there is a lot of material to be found at my site and among my Notes. Cordially, SR

Sajad Malik I just wud humbly like to ask you a question sir, Do you deny the disputed nature of kashmir?

Subroto Roy Mr Malik, Thank you for the question. I think it was I who said *twenty years ago*, when I was almost as young as some of you are now “The core of the continuing dispute between Pakistan and India has been Kashmir, where vast resources have been drained from the budgets of both countries by two large armies facing one another for decades over a disputed boundary”. I do not think the Govt of Pakistan had used the word “core” until that time. Please see p 15 of the book

http://www.facebook.com/photo.php?fbid=171926377284&set=a.136688412284.112038.632437284

Subroto Roy says to Mr Changal, I cannot know but perhaps you speak from terrible personal experiences as an individual at the hands of governmental machinery; I know what that can be like.

I would agree it is important in this grave and mortal matter to go into the whole history piece by piece, frankly and candidly, with scientific honesty and freedom of inquiry and thought.  That is the only real way to aim for complete agreement across the political spectrum in the subcontinent. Such an agreement is possible too, and the only real way forward for all, especially the people of J&K, your generation and the future. I am sure my Lahore lectures will be public immediately after they are delivered next month, which you may find of interest.

Clearly we have a number of factual questions for one another whose answers may emerge in time. Rape is an evil thing, and I find what you mention is discussed here. http://en.wikipedia.org/wiki/Kunan_Poshpora_incident

Thank you for your comment and suggestion. The solution I have proposed since 2005 is far better than the plebiscite idea you mention. But I am afraid you will have to make a study of my publications here at FB or at my site or in my books, or wait until the Lahore lectures. I also wonder if you are aware that Sheikh Abdullah and Bakshi Ghulam Mohammad *offered a plebiscite* when it was first mentioned in 1948 during the Pashtun tribal invasion from Pakistan but Pakistan balked.

Subroto Roy says the solution he has proposed since 2005 is far better than the plebiscite idea often mentioned. Many are also unaware that Sheikh Abdullah and Bakshi Ghulam Mohammad *offered a plebiscite* when it was first mentioned in 1948 during the Pashtun tribal invasion from Pakistan but Pakistan balked.

Ganai Danish:  It was pandit nehru,who in 1952 addressed the public gathering in lal chowk sgr,promised that the people of jk will be given a chance to decide their future whether they want to be part of india or accede with pakistan.It is worth mentioning that it was india itself who took the case of disputed nature of kashmir to UN by passing a resolution in 1948.But 63 years passed, india is yet to fulfull its promise and has mulishly held on to the uncompromising stance that jk is an integral part of india.

Subroto Roy:  Mr Danish, Thank you for the comment. Pandit Nehru’s Lal Chowk speech may have been 1947/48 during the Pashtun invasion. There is a small pic at my site here https://independentindian.com/2009/03/28/india-is-not-a-monarchy-and-urgently-needs-to-universalize-the-french-concept-of-citoyen-some-personal-thoughts/

By 1952, Sheikh Abdullah had pioneered the J&K Constitution

http://www.facebook.com/note.php?note_id=244956301112

Ganai Danish Respected Dr Roy,1952 or 1948,that isn’t the question.The question is why india uses its military might to crush our movement.By calling itself the world’s largest democrac<z>y,its democracy is buried in kashmir.Our movement is indegenious,peaceful,genuine,and non violent and we will take it to its conclusion

Subroto Roy Mr Danish, Thank you for the comment. The difference between 1948 and 1952 is vital because that is the time Kashmir *made its decision*, and it was a *democratic* decision led by Sheikh-Sahib who had — practically single-handedly — awoken the Muslim masses from their slumber and oppression under the Dogras. Sheikh Abdullah paid the penalty for that most heavily– being jailed by the Dogras numerous times because of it. But even so I think you have raised a critically important question — which is how it is that your generation has become so utterly alienated and disaffected with their political experience of repression, war, terrorism etc that they want to free themselves of it.

Ganai Danish It is very true that late sheikh abdullah traitor fought against dogra rule but he did such a blunder that whatever happened in kashmir since 1989 to 2010,sheikh is responsible for this.He sold kashmir to india and sold the blood of martyrs that were in favour of accession to pakistan.It was the same traitor’s son farooq abdullah who signed noozle to Shaheed Maqbool bhat,the first martyr of kashmir.It was the same farooq abdullah’s leadership in 1989 who killed 1 lac kashmiris and brought POTA,AFSPA,PSA and so on in kashmir.It was the same traitors son omer abdullah who killed 112 innocents in kashmir in just 4 months.So far as the imprisonment is concerned.,It is Syed Ali shah geelani,a vetern leader of kashmir,who spent more than 22 years in jail and is still under house arrest.

Subroto Roy says to Mr Danish, Thanks for this point of view of which I know less than I should. I am glad we have reached a stage so quickly where we may discuss different interpretations of factual events. I reaoet what I have said to Mr Nazir, that I have no hesitation in accepting your saying the situation in recent times has become intolerable for ordinary people. I believe it is the outcome of a process which has evolved over decades in which the peoples and Governments of India, the peoples and Governments of Pakistan, and the peoples and Governments of J&K too, have all contributed. It is something for which *everyone* is responsible, no single person or country or community can be said to be exempt (other than perhaps the gentle people of Laddakh). And all the facts of history and the present have to be understood, and yes felt as well — each and every clear fact. I hope to show how this may be done during my Lahore lectures next month. Cordial regards and thanking you once more.

Sajad Malik ‎@ Mr. Roy, you mean Sheikh Abdullah “offered” Plebiscite? well this is a news to me; as i am wondering on what authority wud they do that? All i have been knowing till now is, Plebiscite was in the offing, had Nehru not insisted that the tribes men from NWFP leave Kashmir and at the same time Jinnah insisting that for the plebiscite to happen, Indian forces need to be out of kashmir first.

Subroto Roy says to Mr Malik, Yes, Sheikh Abdullah and Bakshi Ghulam Mohammad *offered* a plebiscite when it was first mentioned and it was the Pakistanis who balked.

Re. “disputed territory” and “core issue”, as I said yesterday, I do not have to *admit* it because I may have been the first to say so *twenty years ago* when I was almost as young as some of you are now “The core of the continuing dispute between Pakistan and India has been Kashmir, where vast resources have been drained from the budgets of both countries by two large armies facing one another for decades over a disputed boundary”. I do not think the Govt of Pakistan had used the word “core” until that time. Please see p 15 of the book

http://www.facebook.com/photo.php?fbid=171926377284&set=a.136688412284.112038.632437284

You may perhaps see that it is a leap of logic from saying Pakistan and India have a disputed boundary to saying as you suggest “So what is the problem if a Kashmiri asks Azadi sir?”. 🙂

Subroto Roy says to Mr Malik: Mr Malik, Indeed as I have said Sheikh-Sahib and Bakshi did so; you would have to know how ghastly and vicious the tribal invasion from Pakistan was starting on October 22 1947, and how the Rape of Baramulla had proceeded (with Kashmiri women of all communities, Muslim, Sikh and Hindu, being abducted by lorry en masse to be sold in markets in Peshawar etc), to know that Sheikh Abdullah and Bakshi Ghulam Mohammad could confidently predict the outcome at the time of any such plebiscite, which would explain why Liaquat Ali Khan (who had condemned Sheikh as a “Quisling of India”) would have ignored it. I say this having read reports from the original newspapers at the time, and have today asked the editor of that national newspaper to produce a set of reprints of all articles published from, say, the 1946 Cabinet Mission to the Jan-Feb 1949 ceasefire, since all this material is unknown by all the parties, and making it known would contribute to resolving this grave and mortal problem. Do please explain what you mean or Sheikh meant by “Siyasi Awaragardi”; also I would certainly be grateful to learn of your view and that of your friends on the history of J&K between, say, 1952 and the 1965 War.

Sajad Malik: Mr Roy, I have been lately reading a piece done by Haroon Rashid. He pens down all that Kashmiri’s suffered at the hands of tribesmen..looting and arson, even killing of a lady running a convent. He outrightly rejects rape, (anyway thats altogether a diffrent debate). Sheikh Abdullah, wen released from the prison (Imprisoned by Nehru,for taking the plebscite front) scorned his ownself for taking up Plebscite front and termed it as “Siyasi-Awaragardi” (Political Intrigue). For your further enlightment here Mr. Roy;- 1951: Indian holds elections and tries to impose its democratic institution in Kashmir. It is opposed by the United Nations. They pass a resolution to declare elections void and stress on plebiscite. India ignores the opposition blatantly. Sheikh Abdullah wins unopposed and rumors of election rigging plague Kashmiri politics. 1952: Sheikh Abdullah signs the Delhi Agreement on July, 1952. It chalks out state-centre sharing of power and gives abidance to Kashmir to have its own flag. Sheikh Abdullah creates Kashmir centric land reforms which create resentment among the people of Jammu and Ladakh. Delhi Agreement provides the first genuine erosion in international resolution of Kashmir.  Nehru’s Speech: ”On August1952, Jawahar Lal Nehru gives a negating speech contradicting the settlement provided in the Delhi Agreement: “Ultimately – I say this with all deference to this Parliament – the decision will be made in the hearts and minds of the men and women of Kashmir; neither in this Parliament, nor in the United Nations nor by anybody else”  1953-1954: Sheikh Abdullah takes U turns and procrastinates in conforming the accession of Kashmir to India. Sheikh Abdullah is jailed. In August, Bakhshi Ghulam Muhammad is installed in place of Sheikh Abdullah. He officially ratifies Kashmir’s accession with India. On April, 1954, India & Pakistan both agree in appointment of a Plebiscite Administrator.  1956-1957: On 30th October, 1956, J&K Constituent Assembly adopts a fresh constitution, and dissolves the Constituent Assembly, which further defines the relationship of Kashmir with the Indian Dominion. UN strongly condemns the developments and passes a resolution stating such attempts will not result in any final resolution. On 26th January, 1957, the new constitution is made enforceable. Kashmir is now a Republican-Democratic state under Indian Union. 1964: Sheikh Abdullah is released from jail. Jawahar Lal Nehru sends Sheikh Abdullah with a delegation to Pakistan in an effort to find a resolution discourse for Kashmir. In the meantime, masses in Kashmir protest against the implementation of Article 356 & 357, which allows Indian central authority over constituting legislative powers in Kashmir. The special status of Kashmir continues to get eroded. 1965-1971: The nomenclature is changed from ‘Sadr-e-Riyasat’ to Governor and from Prime Minister to Chief Minister. The Governor is now no longer elected locally, and is installed as per the orders of the President of India. This amendment lightens off Kashmir from its special titles. Free & fair elections in the guise of democracy are championed as just causes, and Indian mainstream parties are allowed to contest in the elections. However, these elections aren’t well received by the public. In many cases, international watchdogs accuse India of rigging elections. In 1967, Jammu Autonomy Forum is constituted with the aim of institutionalizing regional autonomy. Excerpts, “chronology of Kashmir conflict” by Naveed Qazi”

Subroto Roy says to Mr Sajad Malik: thank you for this brief chronology which I shall certainly study more carefully. Am I to understand that you and perhaps others with you deny the Rape of Baramullah? Perhaps you mean that the thousands, but thousands, of Kashmiri women of all three communities who were abducted against their will by the tribesmen in lorries and later sold in Peshawar and other markets were not raped but taken in matrimony at their new destinations?

Sajad Malik: Mr Roy, I am not denying anything. All I am saying is that Haroon Rashid (BBC) is rejecting it and that I maintain, its a separate debate. The thing which we are discussing here is that India has no legitimate authority over Kashmir. It’s military might, deciept, savagery has not been able to turn a leaf in Kashmir, despite tens of thousands been killed, despite all the laws it sought from the “once wicked” Britian. I am not a political analyst nor a strategist but with full conviction Mr. Roy, m telling you Kashmir can never be India. Smell our land it smells saffron, m not sure what it smells in India. Comment not intended to hurt your or any Indian’s emotions Mr. Roy. If it inadvertently does, I apologise.

Subroto Roy: Mr Malik, Thank you; no not at all, there is *absolutely* no need for you to apologise in this discussion for anything. Clearly there are many factual disagreements here, as to what happened precisely, who said and did what precisely, and so on, and an exchange of views and references is always constructive. From what you say, you may find of interest these two articles of mine from 2006; the former is “History of J&K” and the latter contains a Brief History of Gilgit too:

http://www.facebook.com/note.php?note_id=152343836125

http://www.facebook.com/note.php?note_id=152345826125

You may also like to see my FB Note giving Sheikh Abdullah in his own words for you and others to judge, here

http://www.facebook.com/note.php?note_id=244956301125

and also Sheikh-Sahib, and Dr Zakir Hussain and Maulana Azad and others here:

http://www.facebook.com/note.php?note_id=153977181125

Your statement “Kashmir can never be India” is perhaps intended to be controversial as it appears to beg the question, though of course you may agree *some* Kashmiris are Indians and wish to be Indians, and I may agree *some* Kashmiris are not Indians and do not wish to be Indians and also *some* Kashmiris are Indians and do not wish to be Indians; there may also be *some* Kashmiris who are not Indians but who wish to be Indians. Cordially.

Subroto Roy

Mr Malik, you are quoting from perhaps Dr Zakir Hussain or Sheikh Abdullah, not from my words. Secondly, are you saying Pakistan did not invade J&K in 1947? Britain did? I would agree there was a British-induced coup d’etat in Gilgit, but I trust you do not deny the whole history of the (then new) Pakistan’s military and political forces causing the vicious and ghastly Pashtun invasion along the Nowshera Road commencing October 22 1947. Modern Pakistan’s most eminent historians may agree with me I am afraid as to what happened as a matter of fact! You and I may not be able to progress much with conversation at this rate if our factual histories are so far apart as at present.. 🙂 But rest assured, all may become clear after my Lahore lectures next month, or at least all of my analysis and assessment of what happened and prescription of what may be best done now for everyone. I shall try to comment further on your statement later in the day.

Sajad Malik Sir, I am not saying Britian carried out the invasion *laughs*. All, m saying is, General Gracey was heading the Pak army at the time of invasion and there has been no evidence so far, to establish a link b/n Pak army and the tribes men. I can furnish to you the reference of what I assert. shall inshallah pray for your lahore lecture, and hope our thinking and understanding converge as per the aspirations of me, the prime stake holder..and a kashmiri. (smiles)

Subroto Roy  Mr Malik, I am grateful for the clarification 🙂 — though as I have said, there *was* a British-induced coup in Gilgit, and you may also find my article “Pakistan’s Allies” of interest about the US and UK seeing themselves in battle against the old USSR etc.

Suppose I said to you and your friends that in fact Sheikh-Sahib (and his mentor at the time Jawaharlal Nehru) were influenced by socialism and, at one remove perhaps by Soviet communism — and *that* is why they were against the Dogra regime?  While the Hurriyat’s predecessor, Muslim Conference, were *opposed* to Sheikh Abdullah, and because the Dogras were also opposed to Sheikh-Sahib, the Muslim Conference’s Hamidullah Khan as of May 22-24 1947 said they wanted to not only preserve the Dogra regime but make him an international sovereign so he could be called “Your Majesty” instead of merely “Your Highness”? :)!  And in that they were, oddly enough, joined by many in the Hindu and Sikh minorities who saw the Dogras as protecting them from Sheikh Sahib’s secular majoritarianism, as well as by perhaps British Conservatives like Churchill as well as Mr Jinnah…. History yields some unusual and paradoxical things…. 🙂 Re your offer to furnish a reference that “there has been no evidence so far, to establish a link b/n Pak army and the tribesmen” I would be most grateful for this. The classic work on it has been by the late General Akbar Khan of the Pakistan Army who was an author of the invasion,  http://openlibrary.org/books/OL15997912M/Raiders_in_Kashmir.

I have yet to own a copy of this book though am aware of its contents.   I am most grateful for your good wishes for Lahore! I certainly need them, and I assure you, if you send me an email at my site, I shall send you a copy of what I say there as soon as possible after it is said. And indeed, I *completely* agree with you that the ordinary people of J&K of all communities have suffered most from this terrible and awful state of affairs, and their material and moral wellbeing needs most important and urgent relief. Cordially.

I wrote & publicized a document “An Economic Solution to Kashmir” in Washington back in 1993, which referred for the first time to ideas of a condominium, an Andorra solution etc….This seemed at the time a logical result of the UH Manoa Pakistan project.   But in retrospect it has seemed naive and uninformed.   I’m afraid I think Mr Kasuri has been overoptimistic about the robustness of the near-agreement he suggests was reached some years ago.  .


My 200 words on India’s Naxal guerrilla rebels that a “leading business magazine” invited but then found too hot to handle

“Public finances in India, state and Union, show appalling accounting and lack of transparency. Vast amounts of waste, fraud and malfeasance get hidden as a result. The Congress, BJP, official communists, socialists et al are all culpable for this situation having developed – over decades. So if you ask me, “Is the Indian state and polity in a healthy condition?” I would say no, it is pretty rotten. Well-informed, moneyed, mostly city-based special interest groups (especially including organised capital and organised labour) dominate government agendas at the cost of ill-informed, diffused masses of anonymous individual citizens ~ peasants, forest-dwellers, small businessmen, non-unionized workers, the destitute, etc. Demarcations of private, community and public property rights frequently remain fuzzy. Inflation causes non-paper assets to rise in value, encouraging land-grabs. And the fetish over purported growth-rates continues despite measurements being faulty, not reaching UN SNA standards, probably hiding increasing inequalities. India’s polity and economy are in poor shape for many millions of ordinary people. Armed rebellion, however, does not follow from this. Killing poor policemen and starting class-wars were failed Naxal tactics in the 1970s and remain so today. Naxals should put down their weapons and use Excel sheets and government accounting data instead.

Dr Subroto Roy, economist and adviser to Rajiv Gandhi 1990-1991.”

Revisiting “On Hindus and Muslims”

Crunch-time: Do New Delhi’s bureaucrats have guts enough to walk away from the ADB, World Bank etc? (And does India have a Plan B, or for that matter a Plan A, in dealing with Communist China?)

I have had slight experience with the so-called multilateral financial institutions — attending a conference and helping to produce a book on Asia & Latin America with the ADB back in Hawaii in the 1980s, and being a consultant for some months at the World Bank and the IMF in Washington DC in the 1990s. The institutions seemed to me gluttonous and incompetent though I did meet a dozen good economic bureaucrats and two or three who were excellent in Washington. The “Asian Development Bank” (under Japan’s sway as the Word Bank is under American sway and the IMF under European sway) was reputedly worst of the three, though the Big Daddy of wasteful intellectually corrupt international bureaucracies must be the UN itself, especially certain notorious UN-affiliates around the world.

Now there are newspapers reports the ADB has apparently voted, under Communist Chinese pressure, to prevent itself from

“formally acknowledging Arunachal Pradesh as part of India”.

This should be enough for any self-respecting Government of India to want to give notice to the ADB’s President that the Republic of India is moving out of its membership. Ongoing projects and any in the pipeline need not be affected as we would meet our debt obligations.  There is no reason after all why a treaty-defined entity may not conclude deals with non-members or former members and vice versa.

But New Delhi’s bureaucrats may not find the guts to think on these lines as they would have to overcome their personal interests involved in taking up the highly lucrative non-jobs that these places offer. They will need some political kicking from the top. Thus in 1990-91 I had said to Rajiv Gandhi that “on foreign policy we should ‘go bilateral’ with good strong ties with individual countries, and drop all the multilateral hogwash”… “We do not ask for or accept public foreign aid from foreign Governments or international organizations at “concessional” terms. Requiring annual foreign aid is an indication of economic maladjustment, having to do with the structure of imports and exports and the international price of the Indian rupee. Receiving the so-called aid of others, e.g. the so-called Aid-India Consortium or the soft-loans of the World Bank, diminishes us drastically in the eyes of the donors, who naturally push their own agendas and gain leverage in the country in various ways in return. Self-reliance from so-called foreign aid would require making certain economic adjustments in commercial and exchange-rate policies, as well as austerity in foreign-exchange spending by the Government….”

Today, nineteen years later, I would say the problem has to do less with the structure of India’s balance of payments than with trying to normalise away from the rotten state of our government accounts and public finances. I have thus said “getting on properly with the mundane business of ordinary government and commerce… may call for a gradual withdrawal of India from all or most of the fancy, corrupt international bureaucracies in New York, Washington, Geneva etc, focussing calmly but determinedly instead on improved administration and governance at home.” We need those talented and well-experienced Indian staff-members in these international bureaucracies to return to work to improve our own civil services and public finances of the Union and our more than two dozen States.

As for India developing a Plan B (or a Plan A) in dealing with Communist China, my ten articles republished here yesterday provide an outline of both.

My Ten Articles on China, Tibet, Xinjiang, Taiwan in relation to India (2007-2009)

nehru
I have had a close interest in China ever  since the “Peking Spring” more than thirty years ago (if not from when I gave all my saved pocket money to Nehru in 1962 to fight the Chinese aggression) but I had not published anything relating to China until 2007-2008 when I published the ten articles listed below:

“Understanding China”, The Statesman Oct 22 2007

“India-US interests: Elements of a serious Indian foreign policy”, The Statesman Oct 30 2007

“China’s India Aggression”, The Statesman, Nov 5 2007,

“Surrender or Fight? War is not a cricket match or Bollywood movie. Can India fight China if it must? “ The Statesman, Dec 4 2007

“China’s Commonwealth: Freedom is the Road to Resolving Taiwan, Tibet, Sinkiang” The Statesman, December 17, 2007

“Nixon & Mao vs India: How American foreign policy did a U-turn about Communist China’s India aggression”. The Statesman, January 7 2008.

“Lessons from the 1962 War: there are distinct Tibetan, Chinese and Indian points of view that need to be mutually comprehended,” The Statesman, January 15, 2008

“China’s India Example: Tibet, Xinjiang May Not Be Assimilated Like Inner Mongolia, Manchuria”, The Statesman, March 25, 2008

“China’s force and diplomacy: The need for realism in India”, The Statesman, May 31, 2008

“Transparency and history” (with Claude Arpi), Business Standard, Dec 31 2008

With new tensions on the Tibet-India border apparently being caused by the Chinese military, these may be helpful for India to determine a Plan B, or even a Plan A, in its dealings with Communist China.

See also https://independentindian.com/1990/09/18/my-meeting-jawaharlal-nehru-2/

https://independentindian.com/2009/11/25/on-the-zenith-and-nadir-of-us-india-relations/

scan0010

The BBC retrogresses once more in its knowledge of history & geography

On March 30 this year, I was finally able to congratulate the BBC for having retracted its prevarication about Jammu & Kashmir.  Unfortunately, it has retrogressed again!  Today’s broadcast at 1530 Indian Standard Time of purported world news showed a purported map of the Indian Republic without J&K.   Time for the GoI to make some phone calls again please!

Subroto Roy

 

Excuse me but young Kasab in fact confessed many months ago, immediately after he was captured – he deserves 20 or 30 years in an Indian prison, and a chance to become a model prisoner who will stand against the very terrorists who sent him on his vile mission

I have almost stopped being amazed by the near-imbecility that our English-language TV and print media seem so often to be capable of. Oui mes enfants, Kasab did confess to mass-murder and other crimes in open court today but please do not feign such surprise for commercial reasons — if you had done your homework diligently you would have known that Kasab had confessed quite as fully as he did today many months ago, in fact as soon as he was physically able to do so after being treated in hospital following his capture by Mumbai police. (The BBC proved again it has no institutional memory left by failing to remember these facts too and instead relying on the Indian TV media today. Or, alternatively, the BBC’s dual national Pakistani staffers were quick to get the BBC to veer towards the official GoP line — and the GoP certainly has not wanted to remember the fact Kasab was being truthful from day one of his capture.)

Why was Kasab’s court-appointed lawyer silent and bewildered today? Because Kasab (with his Class 4 schooling) had somehow thought things through on his own during this existential experience and effectively sacked the lawyer peremptorily as was his right to do.  It was the lawyer who had chalked out the faulty legal strategy of starting off by pleading not-guilty instead of plea-bargaining on the basis of Kasab’s initial confessions being the primary source of evidence for the Government of India to be able to indict Pakistan in the Mumbai massacres.

(To the lawyer’s credit though, at least he had taken the case when no one else would and furthermore, he had clearly acted in good faith.)

Had Kasab been killed along with his 9 compatriot fellow-terrorists (and he was the youngest and least experienced which is probably why he was teamed with Ishmael who was the team leader), India would have had almost no hard evidence in creating the dossier that we were able to confront Pakistan with.

Kasab’s correct legal strategy was to accept his guilt and plead for mercy on the basis of having turned State’s evidence, indeed the Government of India’s star witness for the prosecution. There is absolutely no jurisprudential benefit in seeing a tiny pawn like him– the very tiniest of all pawns –hang for his evil deeds. That is why I said back in November-December that if I was the judge sentencing him, I would send him to jail for 20-30 years, for his 20 or 30 victims at CST station, and get him to become a model prisoner who could become a prime spokesman against the terrorists who had sent him.

The right way for India and Pakistan to cooperate against the perpetrators of the Mumbai massacres was via a prompt application of common maritime law and the Law of the Sea Treaty’s provisions against piracy, murder etc on the high seas, followed by some well-publicised hangings at sea, on a Pakistan Navy vessel, of the masterminds. Here is a complete list of what I said here between November 28 2008 and March 18 2009 on all this:

1. November 28, 2008 Jews have never been killed in India for being Jews until this sad day

Jews have never been killed in India for being Jews until today.   For two thousand years, in fact perhaps as long as there have ever been Jews in the world, there had been Jews living peacefully in India.  I used to say that proudly to my Jewish friends, adding that the Indian Army had even had a Jewish general.  Today, November 28 2008, or perhaps yesterday November 27 2008, that changed.  Five Hasidic Jews who had been peaceful residents of Nariman House in Mumbai, came to be murdered by terrorists, merely for being Jews, or died in explosions or in the cross-fire between the terrorists and Indian security forces.   The Israeli Government had offered India their well-known technical expertise in trying to save their fellow-nationals.  I believe the Government of India made a tragic mistake by not accepting it.  Yes certainly our national prestige would have taken the slightest of blows if Israeli commandos had helped to release Israeli hostages in India.  But our national prestige has taken a much vaster and more permanent blow instead, now that we can no longer say that Jews have never in history been killed for being Jews in India.  I am especially sad on this already very sad day to see that proud record destroyed.

2. November 30, 2008 In international law, Pakistan has been the perpetrator, India the victim of aggression in Mumbai

In international law, the attacks on Mumbai would probably reveal Pakistan to have been  the aggressor state, India the victim of aggression.   It is standard law that a “master” is responsible for the misdeeds of his “servant”. E.g., “Where the relation of master and servant clearly exists, the employer is responsible for injury occasioned by the negligent conduct of the servant in carrying out his orders.  And this rule is so extensive as to make the master liable for the careless, reckless and wanton conduct of his servant, provided it be within the scope of his employment”.   President Zardari and Prime Minister Gillani may declare truthfully they had no prior knowledge of the attacks on Mumbai, that these were not in any way authorized by them or their Government.  But it seems likely  on the basis of current evidence that  the young terrorists who attacked Mumbai were still in a “master-servant” relationship with elements of the Pakistani state and had been financed, trained, motivated and supplied by  resources arising, directly or indirectly, from the Pakistani exchequer.   Public moneys in Pakistan came to be used or misused to pay for aggression against India –  in a quite similar pattern to the October 1947 attack on Kashmir, Ayub Khan’s 1965 “Operation Grand Slam”, and Pervez Musharraf’s 1999 attack on Kargil.  And to think that these youth who were made into  becoming terroristic mass murderers were toddlers  when the USSR withdrew from Afghanistan, in primary school when the 1993 WTC bombing happened and adolescents at the time of the 9/11 attacks.

3. December 3, 2008   Habeas Corpus: a captured terrorist mass-murderer tells a magistrate he is not being mistreated by Indian police

A youth who had been a petty thief in Multan, was induced by Pakistan’s terrorist masterminds to  train to  become a mass murderer with an assault rifle and grenades in the Mumbai massacres last week.  He was shot and arrested by India’s police and is now in custody.  He has already been produced before a magistrate who asked him if he was being mistreated, to which he said he was not. This redounds to India’s credit in view of the vast (and yes, probably racist) mistreatment over years of those held e.g. at Guantanamo Bay.  (The argument that the US Constitution and the laws associated with habeas corpus did not apply to the US Government because Guantanamo Bay was not American territory, was always specious.)

4. December 4, 2008 India’s Muslim Voices (Or, Let us be clear the Pakistan-India or Kashmir conflicts have not been Muslim-Hindu conflicts so much as intra-Muslim conflicts about Muslim identity and self-knowledge on the Indian subcontinent) bySubroto Roy

Ill-informed Western observers, especially at purported “think tanks” and news-portals, frequently proclaim the Pakistan-India confrontation and Jammu & Kashmir conflict to represent some kind of savage irreconcilable division between Islamic and Hindu cultures. For example, the BBC, among its many prevarications on the matter (like lopping off J&K entirely from its recently broadcasted maps of India, perhaps under influence of its Pakistani staffers), frequently speaks of “Hindu-majority India” and “Indian-administered Kashmir” being confronted by Muslim Pakistan. And two days ago from California’s Bay Area arose into the Internet Cloud the following profundity: “What we’re dealing with now, in the Pakistani-Indian rivalry, is a true war of civilizations, pitting Muslims against Hindus…. the unfathomable depths of the Muslim-Hindu divide….”. Even President-elect Obama’s top Pakistan-specialists have fallen for the line of Washington’s extremely strong Pakistan lobby: “Pakistan… sees itself as the political home for the subcontinent’s Muslim population and believes India’s continued control over the Muslim-majority Kashmir valley and denial of a plebiscite for its inhabitants represent a lingering desire on India’s part to undo the legacy of partition, which divided the British Indian Empire into India and Pakistan.”

The truth on record is completely different and really rather simple: for more than a century and a half, Muslims qua Muslims on the Indian subcontinent have struggled with the question of their most appropriate cultural and political identity.  The starkest contrast may be found in their trying to come to terms with their partly Arabic and partly Hindu or Indian parentage (the words Hindu, Sindhu, Indus, Indian, Sindhi, Hindi etc all clearly have the same Hellenistic root).  For example, there was Wali Allah (1703-1762) declaring “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”. But here has been Mohammad Iqbal (1877-1938), in his 1930 Allahabad speech to the Muslim League, conceiving today’s Pakistan as a wish to become free of precisely that Arab influence: “I would like to see the Punjab, NWFP, Sind and Baluchistan amalgamated into a single state… The life of Islam as a cultural force in this living country very largely depends on its centralisation in a specified territory… 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.” In an article “Saving Pakistan” published last year in The Statesman and available elsewhere here, it was suggested Iqbal’s “spirit of modern times” may be represented most prominently today by the physicist/political philosopher Pervez Hoodbhoy: in a December 2006 speech Hoodbhoy suggested a new alternative to MA Jinnah’s “Faith, Unity, Discipline” slogan: “First, I wish for minds that can deal with the complex nature of truth…. My second wish is for many more Pakistanis who accept diversity as a virtue… My third, and last, wish is that Pakistanis learn to value and nurture creativity.” He has spoken too of bringing “economic justice to Pakistan”, of the “fight to give Pakistan’s women the freedom which is their birthright”, and of people to “wake up” and engage politically. But Pakistan’s Iqbalian liberals like Hoodbhoy still have to square off with those of their compatriots who sent the youthful squad into Mumbai last week with assault rifles, grenades and heroic Arabic code-names, as well as orders to attack civilians with the ferocity of the original Muslims attacking caravans and settlements in ancient Arabia.

What the extremely strong Pakistan lobbies within the British and American political systems have suppressed in order to paint a picture of eternal Muslim-Hindu conflict is the voice of India’s nationalist Muslims, who historically have had no wish to have any truck with any idea of a “Pakistan” at all.  Most eminent among them was undoubtedly Jinnah’s fiercest critic: Maulana Abul Kalam Azad whose classic 1946 statement on Pakistan is available in his India Wins Freedom, the final version published only in 1988……

5.  December 6, 2008  A Quick Comparison Between the September 11 2001 NYC-Washington attacks and the November 26-28 2008 Mumbai Massacres (An Application of the Case-by-Case Philosophical  Technique of Wittgenstein, Wisdom and Bambrough) bySubroto Roy

In my book Philosophy of Economics (Routledge, 1989) and in my August 24  2004 public lecture  in England  “Science,  Religion, Art and the Necessity of Freedom”, both available elsewhere here, I described the “case-by-case” philosophical technique recommended by Ludwig Wittgenstein, John Wisdom and Renford Bambrough.  (Bambrough had also shown a common root in the work of the American philosopher Charles Sanders Peirce.)   Herewith an application of the technique to a contemporary problem that shows the “family resemblance” between two modern terrorist attacks, the September 11 2001 attack on New York and Washington and the Mumbai massacres last week.

Similarity:  In both, a gang of motivated youthful terrorists acted as a team against multiple targets; their willingness to accept  suicide while indulging in mass-murder may have, bizarrely enough, brought a sense of adventure and meaning to otherwise empty lives.

Difference: In the 9/11 attacks, Mohammad Atta seemed to have been a single predominant leader while each of the others also had complex active roles requiring decisions, like piloting and navigating hijacked jumbo-jets.  In the Mumbai massacres, the training and leadership apparently came from outside the team before and even during the operation  – almost as if the team were acting like brainwashed robots under long-distance control.

Similarity:  Both attacks required a long prior period of training and planning.

Difference: The 9/11 attacks did not require commando-training imparted by military-style trainers; the Mumbai massacres did.

Difference: In the 9/11 attacks, the actual weapons used initially were primitive, like box-cutters; in the Mumbai massacres, assault rifles and grenades were used along with sophisticated telecommunications equipment.

Difference: In 9/11, the initial targets, the hijacked aircraft, were themselves made into weapons against the ultimate targets, namely the buildings, in a way not seen before.  In the Mumbai massacres, mass-shooting of terrorized civilians was hardly something original; besides theatres of war, the Baader-Meinhof gang and the Japanese Red Army used these in the 1970s as terrorist techniques (e.g. at Rome Airport  Lod Airport; Postscript January 26 2009: I make this correction after reading and commenting on the RAND study which unfortunately  did not have the courtesy of acknowledging my December 6 2008 analysis) plus there were, more recently, the Columbine and Virginia Tech massacres.

Similarity: In both cases, Hollywood and other movie scripts could have inspired the initial ideas of techniques to be  used.

Similarity: In both cases, the weapons used were appropriate to the anticipated state of defence: nothing more than box-cutters could be expected to get by normal airport security; assault rifles etc could come in by the unguarded sea and attack soft targets in Mumbai.  (Incidentally, even this elementary example of strategic thinking  in a practical situation may be beyond the analytical capacity contained in the tons of waste paper produced at American and other modern university Economics departments under the rubric of  “game theory”.)

Similarity: In both cases, a high-level of widespread fear was induced for several days or more within a targeted nation-state by a small number of people.

Similarity: No ransom-like demands were made by the terrorists in either case.

Similarity: Had the single terrorist not been captured alive in the Mumbai massacres, there would have been little trace left by the attackers.

Difference: The 9/11 attackers knew definitely they were on suicide-missions; the Mumbai attackers may not have done and may have imagined an escape route.

6. December 10, 2008 Congratulations to Mumbai’s Police: capturing a terrorist, affording him his Habeas Corpus rights, getting him to confess within the Rule of Law, sets a new world standard

The full statement to police of the single captured terrorist perpetrator of the Mumbai massacres is now available. It tells a grim story. But Mumbai’s Police, from ordinary beat constables and junior officers to the anti-terrorism top brass, come off very well both with their heroism and their commitment to the Rule of Law.   In comparison to the disastrous failures of the Rule of Law in the United States and Britain since 9/11 in fighting terrorism, Mumbai’s Police may have set a new world standard.

The prisoner was several days ago afforded Habeas Corpus rights  and produced before a magistrate who asked him if he was being mistreated to which he replied he was not – though there might not be any Indian equivalent of America’s “Miranda”  law.

7. December 12, 2008  Kasab was a stupid, ignorant, misguided youth, manufactured by Pakistan’s terrorist masterminds into becoming a mass-murdering robot: Mahatma Gandhi’s India should punish him, get him to repent if he wishes, then perhaps rehabilitate him as a potent weapon against Pakistani terrorism

The crime of murder is that of deliberate homicide, that of mass-murder is the murder of a mass of people.  There is no doubt the lone captured Mumbai terrorist, “Kasab”, has committed mass-murder, being personally responsible for the murder of probably 20 or 30 wholly innocent people he had never met.  He killed them by machine-gun fire and grenades at CST/VT railway station on November 26 2008 before being shot and captured by police.  He is also a co-conspirator in the mass-murders carried out by his associate at the railway station and those elsewhere in Mumbai.  There is no doubt he should serve rigorous imprisonment for life in an Indian prison for his crimes.

And yet…. And yet…

If the Government of India is sensible, it needs to describe and comprehend the moral subtleties of the circumstances surrounding Kasab’s life, especially during the last year.  Here was a stupid, ignorant, rather primitive youth misguided by others first into becoming a petty robber, later into becoming a terrorist-trainee in hope of advancing his career in thievery!

Bakri-Id 2008 has just occurred – it is on Bakri-Id a year ago in 2007 that Kasab reportedly first ventured into volunteering for terrorist training as a way of learning how to use firearms!  It is almost certain he had never met a Hindu or an Indian in his life before then, that he knew absolutely nothing about the subcontinent’s history or politics, that he would be ignorant about who, say, Iqbal or Jinnah or Maulana Azad or Sheikh Abdullah or Mahatma Gandhi ever were.  Within less than a year, that same youth had been brainwashed and trained adequately enough by Pakistan’s terrorist masterminds to become a robotic mass-murderer in Mumbai’s railway station.  Now having been caught and treated humanely by his captors, he has confessed everything and even expressed a wish to write a letter to his father in Pakistan expressing remorse for his deeds.

If I was the judge trying him, I would sentence him to a minimum of twenty or thirty years rigorous imprisonment in an Indian prison.  But I would add that he should be visited in jail by a few of India’s Muslim leaders, and indeed he should be very occasionally allowed out of the prison (under police supervision) in a structured program to offer Namaz with India’s Muslims in our grandest mosques.  He should learn firsthand a little of the lives of India’s Muslims and of India’s people as a whole.  Perhaps he will become a model prisoner, perhaps he may even want to become in due course a potent weapon against the terrorist masterminds who ruined his life by sending him to murder people in India.

It bears to be remembered that in an incredible act of Christian forgiveness, the widow of the Australian missionary Graham Staines forgave the cold-blooded murderers who burnt alive her husband and her young sons as they slept in a jeep in Orissa.  The family of Rajiv Gandhi may have done the same of those who assassinated or conspired to assassinate Rajiv Gandhi.  This is the land of Mahatma Gandhi, who had woven a remarkable moral and political theory out of the Jain-Buddhist-Hindu doctrine of ahimsa as well as Christian notions from Tolstoy and Thoreau of forgiving the sinner.

Of course there cannot be forgiveness where there is no remorse.  Kasab’s behaviour thus far suggests he will be remorseful and repentant; there are many other thieves and murderers in the world who are not.

Subroto Roy

Reported statement of Mohammad Ajmal Amir ‘Kasab’, 21, to police after arrest:  “I have resided in Faridkot, Dinalpur tehsil, Ukada district, Suba Punjab state, Pakistan since my birth. I studied up to class IV in a government school. After leaving school in 2000, I went to stay with my brother in Tohit Abad mohalla, near Yadgar Minar in Lahore. I worked as a labourer at various places till 2005, visiting my native once in a while. In 2005, I had a quarrel with my father. I left home and went to Ali Hajveri Darbar in Lahore, where boys who run away from home are given shelter. The boys are sent to different places for employment.  One day a person named Shafiq came there and took me with him. He was from Zhelam and had a catering business. I started working for him for Rs120 per day. Later, my salary was increased to Rs200 per day. I worked with him till 2007. While working with Shafiq, I came in contact with one Muzzafar Lal Khan, 22. He was from Romaiya village in Alak district in Sarhad, Pakistan. Since we were not getting enough money, we decided to carry out robbery/dacoity to make big money. So we left the job.

We went to Rawalpindi, where we rented a flat. Afzal had located a house for us to loot… We required some firearms for our mission… While we were in search of firearms, we saw some LeT stalls at Raja Bazaar in Rawalpindi on the day of Bakri-id. We then realised that even if we procured firearms, we would not be able to operate them. Therefore, we decided to join LeT for weapons training.  We reached the LeT office and told a person that we wanted to join LeT. He noted down our names and address and told us to come the next day.  The next day, there was another person with him. He gave us Rs200 and some receipts. Then he gave us the address of a place called Marqas Taiyyaba, Muridke, and told us to go to there. It was an LeT training camp. We went to the place by bus. We showed the receipts at the gate of the camp. We were allowed inside… Then we were taken to the actual camp area. Initially, we were selected for a 21 days’ training regimen called Daura Sufa. From the next day, our training started.

The daily programme was as follows: 4.15 am — Wake-up call and thereafter Namaz; 8 am — Breakfast; 8.30 am to 10 am — Lecture on Hadis and Quran by Mufti Sayyed; 10 am to noon – Rest; Noon to 1 pm – Lunch break; 1 pm to 4 pm – Rest; 4 pm to 6 pm – PT; instructor: Fadulla; 6 pm to 8 pm – Namaz and other work; 8 pm to 9 pm – Dinner

After Daura Sufa, we were selected for another training programme called Daura Ama. This was also for 21 days. We were taken to Mansera in Buttal village, where we were trained in handling weapons.  The daily programme was as follows: 4.15 am to 5 am – Wake-up call and thereafter Namaz; 5 am to 6 am – PT; instructor: Abu Anas; 8 am – Breakfast; 8.30 am to 11.30 am – Weapons training; trainer: Abdul Rehman; weapons: AK-47, Green-O, SKS, Uzi gun, pistol, revolver; 11.30 am to Noon – rest; Noon to 1 pm – Lunch break; 1 pm to 2 pm – Namaz; 2 pm to 4 pm – Rest; 4 pm to 6 pm – PT; 6 pm to 8 pm – Namaz and other work; 8 pm to 9 pm – Dinner.

After the training, we were told that we will begin the next stage involving advanced training. But for that, we were told, we had to do some khidmat for two months (khidmat is a sort of service in the camp as per trainees’ liking). We agreed. After two months, I was allowed to go to meet my parents. I stayed with my parents for a month.  Then I went to an LeT camp in Shaiwainala, Muzaffarabad, for advanced training…  We were taken to Chelabandi pahadi area for a training programme, called Daura Khas, of three months. It involved handling weapons, using hand grenade, rocket launchers and mortars.

The daily programme was as follows: 4.15 am  to 5 am – Wake-up call and thereafter Namaz; 5 am to 6 am – PT; instructor: Abu Mawiya; 8 am – Breakfast; 8.30 am  to 11.30 am – Weapons training, handling of all weapons and firing practices with the weapons, training on handling hand grenade, rocket-launchers and mortars, Green-O, SKS, Uzi gun, pistol, revolver; trainer: Abu Mawiya; 11.30 am to 12 noon – rest; Noon to 1 pm – Lunch break; 1 pm to 2 pm – Namaz; 2 pm to 4 pm – Weapons training and firing practice; lecture on Indian security agencies; 4 pm to 6 pm – PT; 6 pm to 8 pm – Namaz and other work; 8 pm to 9 pm – Dinner

There were 32 trainees in the camp. Sixteen were selected for a confidential operation by one Zaki-ur-Rehman, alias Chacha, but three of them ran away from the camp.  Chacha sent the remaining 13 with a person called Kafa to the Muridke camp again. At Muridke, we were taught swimming and made familiar with the life of fishermen at sea… We were given lectures on the working of Indian security agencies. We were shown clippings highlighting atrocities on Muslims in India.  After the training, we were allowed to go to our native places. I stayed with my family for seven days. I then went to the LeT camp at Muzaffarabad. The 13 of us were present for training.   Then, on Zaki-ur-Rehman’s instructions, Kafa took us to the Muridke camp. The training continued for a month. We were given lectures on India and its security agencies, including RAW. We were also trained to evade security personnel. We were instructed not to make phone calls to Pakistan after reaching India.

The names of the persons present for the training are: n Mohd Azmal, alias Abu Muzahid  n Ismail, alias Abu Umar  n Abu Ali n Abu Aksha n Abu Umer  n Abu Shoeb n Abdul Rehman (Bada) n Abdul Rehman (Chhota) n Afadulla  n Abu Umar. After the training, Chacha selected 10 of us and formed five teams of two people each on September 15. I and Ismail formed a team; its codename was VTS. We were shown Azad Maidan in Mumbai on Google Earth’s site on the internet… We were shown a film on VT railway station. The film showed commuters during rush hours. We were instructed to carry out firing during rush hours — between 7 am and 11 am and between 7 pm and 11 pm. Then we were to take some people hostage, take them to the roof of some nearby building and contact Chacha, who would have given us numbers to contact media people and make demands.  This was the strategy decided upon by our trainers. The date fixed for the operation was September 27. However, the operation was cancelled for some reason. We stayed in Karachi till November 23.  The other teams were: 2nd team: a) Abu Aksha; b) Abu Umar; 3rd team: a) Abdul Rehman (Bada); b) Abu Ali; 4th team: a) Abdul Rehman (Chotta); b) Afadulla; 5th team: a) Abu Shoeb; b) Abu Umer.

On November 23, the teams left from Azizabad in Karachi, along with Zaki-ur-Rehman and Kafa. We were taken to the nearby seashore… We boarded a launch. After travelling for 22 to 25 nautical miles we boarded a bigger launch. Again, after a journey of an hour, we boarded a ship, Al-Huseini, in the deep sea. While boarding the ship, each of us was given a sack containing eight grenades, an AK-47 rifle, 200 cartridges, two magazines and a cellphone.  Then we started towards the Indian coast. When we reached Indian waters, the crew members of Al-Huseini hijacked an Indian launch. The crew of the launch was shifted to Al-Huseini. We then boarded the launch. An Indian seaman was made to accompany us at gunpoint; he was made to bring us to the Indian coast. After a journey of three days, we reached near Mumbai’s shore. While we were still some distance away from the shore, Ismail and Afadulla killed the Indian seaman (Tandel) in the basement of the launch. Then we boarded an inflatable dinghy and reached Badhwar Park jetty.  I then went along with Ismail to VT station by taxi. After reaching the hall of the station, we went to the toilet, took out the weapons from our sacks, loaded them, came out of the toilet and started firing indiscriminately at passengers. Suddenly, a police officer opened fire at us. We threw hand grenades towards him and also opened fire at him.  Then we went inside the railway station threatening the commuters and randomly firing at them. We then came out of the railway station searching for a building with a roof.  But we did not find one. Therefore, we entered a lane. We entered a building and went upstairs. On the third and fourth floors we searched for hostages but we found that the building was a hospital and not a residential building. We started to come down. That is when policemen started firing at us. We threw grenades at them.

While coming out of the hospital premises, we saw a police vehicle passing. We took shelter behind a bush. Another vehicle passed us and stopped some distance away. A police officer got off from the vehicle and started firing at us. A bullet hit my hand and my AK-47 fell out of my hand. When I bent to pick it up another bullet hit me on the same hand. Ismail opened fire at the officers in the vehicle. They got injured and firing from their side stopped. We waited for a while and went towards the vehicle.  There were three bodies in the vehicle. Ismail removed the bodies and drove the vehicle. I sat next to him. Some policemen tried to stop us. Ismail opened fire at them. The vehicle had a flat tyre near a big ground by the side of road. Ismail got down from the vehicle, stopped a car at gunpoint and removed the three lady passengers from the car. Since I was injured, Ismail carried me to the car. He then drove the car. We were stopped by policemen on the road near the seashore. Ismail fired at them, injuring some policemen. The police also opened fire at us. Ismail was injured in the firing. The police removed us from the vehicle and took us to the same hospital. In the hospital, I came to know that Ismail had succumbed to injuries.  My statement has been read to me and explained in Hindi, and it has been correctly recorded.”

8. December 13, 2008  Pakistan’s New Delhi Embassy should ask for “Consular Access” to nine dead terrorists in a Mumbai morgue before asking to meet Kasab

After two weeks of pointblank denials that Pakistan had anything to do with the Mumbai massacres (”the  Mumbai incident”, “the Bombay event” as Pakistan’s social butterflies put it), Pakistan’s diplomats are now asking for Consular Access to Kasab, the lone captured terrorist!   The cheek of it!   Would they please request Consular Access instead to the nine dead terrorists who were Kasab’s companions, and who are presumably in a Mumbai morgue at present because India’s Muslims have denied them a burial?   It is certain the Government of India would be relieved and delighted to hand over  full custody of the mortal remains of these nine Pakistanis to representatives of His Excellency the High Commissioner of Pakistan to New Delhi for transfer back home to Pakistan.

As for Consular Access to Kasab, the Government of India will doubtless inform His Excellency that His Excellency may appreciate that in present circumstances in which the individual Kasab, not to put  too fine a point on it,   is singing like a canary, the Government of India deems the security of India could be jeopardised by any possibility of such a song becoming jeopardised.  The Government of India will however doubtless assure His Excellency that Kasab is being well cared for in custody and has reported as such to the magistrate.

9. December 19, 2008 An Indian Reply to President Zardari: Rewarding Pakistan for bad behaviour leads to schizophrenic relationshipsbySubroto Roy

Pakistan President Asif Ali Zardari’s recent argument in the New York Times resembles closely the well-known publications of his ambassador to the United States, Mr Husain Haqqani.  Unfortunately, this Zardari-Haqqani thesis about Pakistan’s current predicament in the world and the world’s predicament with Pakistan is shot through with clear factual and logical errors. These  need to be aired because true or useful conclusions cannot be reached from mistaken premises or faulty reasoning.

i.  Origins of Pakistan, India, J&K, and their mutual problems

Mr Zardari makes the following seemingly innocuous statement:

“…. the two great nations of Pakistan and India, born together from the same revolution and mandate in 1947, must continue to move forward with the peace process.”

Now as a matter of simple historical fact, the current entities in the world system known as India and Pakistan were not “born together from the same revolution and mandate in 1947”.  It is palpably false to suppose they were and Pakistanis indulge in wishful thinking and self-deception about their own political history if they suppose this.

India’s Republic arose out of the British Dominion known as “India” which was the legal successor of the entity known previously in international law as “British India”.  British India had had secular governance and so has had the Indian Republic.

By contrast, the Islamic Republic of Pakistan arose out of a newly created state in international law known as the British Dominion of Pakistan, consisting of designated territory carved out of British India by a British decision and coming into existence one day before British India extinguished itself. (Another new state, Bangladesh, later seceded from Pakistan.)

The British decision to create territory designated “Pakistan” had nothing to do with any anti-British “revolution” or “mandate” supported by any Pakistani nationalism because there was none.  (Rahmat Ali’s anti-Hindu pamphleteering in London could be hardly considered Pakistani nationalism against British rule.  Khan Abdul Ghaffar Khan’s Pashtun patriots saw themselves as Indian, not Pakistani.)

To the contrary, the British decision had to do with a small number of elite Pakistanis — MA Jinnah foremost among them — demanding not to be part of the general Indian nationalist movement that had been demanding a British departure from power in the subcontinent.   Jinnah’s separatist party, the Muslim League, was trounced in the 1937 provincial elections in all the Muslim-majority areas of British India that would eventually become Pakistan.  Despite this, in September 1939, Britain, at war with Nazi Germany, chose to elevate the political power of Jinnah and his League to parity with the general Indian nationalist movement led by MK Gandhi.  (See, Francis Robinson, in William James and Subroto Roy (eds), Foundations of Pakistan’s Political Economy: Towards an Agenda for the 1990s.)  Britain needed India’s mostly Muslim infantry-divisions — the progenitors of the present-day Pakistan Army — and if that meant tilting towards a risky political idea of “Pakistan” in due course, so it would be.  The thesis that Pakistan arose from any kind of “revolution” or “mandate” in 1947 is  fantasy — the Muslim super-elite that invented and endorsed the Pakistan idea flew from Delhi to Karachi in chartered BOAC Dakotas, caring not a hoot about the vulnerability of ordinary Muslim masses to Sikh and Hindu majority wrath and retaliation on the ground.

Modern India succeeded to the rights and obligations of British India in international law, and has had a recognized existence as a state since at least the signing of the Armistice and Treaty of Versailles in 1918-1919.  India was a founding member of the United Nations, being a signatory of the 1945 San Francisco Declaration, and an original member of the Bretton Woods institutions.  An idea put forward by Argentina that as of 1947 India and Pakistan were both successor states of British India was rejected by the UN (Argentina withdrew its own suggestion), and it was universally acknowledged India was already a member of the UN while Pakistan would have to (and did) apply afresh for membership as a newly created state in the UN.  Pakistan’s entry into the UN had the enthusiastic backing of India and was opposed by only one existing UN member, Afghanistan, due to a conflict that continues to this day over the legitimacy of the Durand Line that bifurcated the Pashtun areas.

Such a review of elementary historical facts and the position in law of Pakistan and India is far from being of merely pedantic interest today.  Rather, it goes directly to the logical roots of the conflict over the erstwhile State of Jammu and Kashmir (J&K) — a state that itself originated as an entity in the world system a full century before Pakistan was to do so and more than half a century before British India did, but which would collapse into anarchy and civil war in 1947-1949.

Britain (or England) had been a major nation-state in the world system recognized since Grotius first outlined modern international law. On March 16 1846, Britain entered into a treaty, the Treaty of Amritsar, with one Gulab Singh, and the “State of Jammu & Kashmir” came to arise as a recognizable entity in international law for the first time. (See my “History of Jammu and Kashmir” published in The Statesman, Oct 29-30 2006, available elsewhere here.)

Jammu & Kashmir continued in orderly existence as a state until it crashed into legal and political anarchy and civil war a century later.  The new Pakistan had entered into a “Standstill Agreement” with the State of Jammu & Kashmir as of August 15 1947. On or about October 22 1947, Pakistan unilaterally ended that Standstill Agreement and instead caused military forces from its territory to attack the State of Jammu & Kashmir along the Mansehra Road towards Baramula and Srinagar, coinciding too with an Anglo-Pakistani coup d’etat in Gilgit and Baltistan (see my “Solving Kashmir”; “Law, Justice & J&K”; “Pakistan’s Allies”, all published in The Statesman in 2005-2006 and available elsewhere here).

The new Pakistan had chosen, in all deliberation, to forswear law, politics and diplomacy and to resort to force of arms instead in trying to acquire J&K for itself via a military decision.  It succeeded only partially.  Its forces took and then lost both Baramula and Kargil; they may have threatened Leh but did not attempt to take it; they did take and retain Muzaffarabad and Skardu; they were never near taking the summer capital, Srinagar, though might have threatened the winter capital, Jammu.

All in all, a Ceasefire Line came to be demarcated on the military positions as of February 1 1949.  After a war in 1971 that accompanied the secession of Bangladesh from Pakistan, that Ceasefire Line came to be renamed the “Line of Control” between Pakistan and India. An ownerless entity may be acquired by force of arms — the erstwhile State of Jammu & Kashmir in 1947-1949 had become an ownerless entity that had been dismembered and divided according to military decision following an armed conflict between Pakistan and India.  The entity in the world system known as the “State of Jammu & Kashmir” created on March 16 1846 by Gulab Singh’s treaty with the British ceased to exist as of October 22 1947.  Pakistan had started the fight over J&K but there is a general rule of conflicts that he who starts  a fight does not get to finish it.

Such is the simplest and most practical statement of the history of the current problem.  The British, through their own compulsions and imperial pretensions, raised all the talk about a “Lapse of Paramountcy” of the British Crown over the “Native Princes” of “Indian India”, and of how, the “Native Princes” were required to “accede” to either India or Pakistan.  This ignored Britain’s own constitutional law.  BR Ambedkar pointed out with unsurpassed clarity that no “Lapse of Paramountcy” was possible even for a single logical moment since “Paramountcy” over any “Native Princes” who had not joined India or Pakistan as of August 15 1947, automatically passed from British India to its legal successor, namely, the Dominion of India.   It followed that India’s acquiescence was required for any subsequent accession to Pakistan – an acquiescence granted in case of Chitral and denied in case of Junagadh.

What the Republic of India means by saying today that boundaries cannot be redrawn nor any populations forcibly transferred is quite simply that the division of erstwhile J&K territory is permanent, and that sovereignty over it is indivisible. What Pakistan has claimed is that India has been an occupier and that there are many people inhabiting the Indian area who may not wish to be Indian nationals and who are being compelled against their will to remain so ~  forgetting to add that precisely the same could be said likewise of the Pakistani-held area. The lawful solution I proposed in “Solving Kashmir, “Law, Justice and J&K” and other works has been that the Republic of India invite every person covered under its Article 370, citizen-by-citizen, under a condition of full information, to privately and without fear decide, if he/she has not done so already, between possible Indian, Iranian, Afghan or Pakistani nationalities ~ granting rights and obligations of permanent residents to any of those persons who may choose for whatever private reason not to remain Indian nationals. If Pakistan acted likewise, the problem of J&K would indeed come to be resolved. The Americans, as self-appointed mediators, have said they wish “the people of the region to have a voice” in a solution: there can be no better expression of such voice than allowing individuals to privately choose their own nationalities and their rights and responsibilities accordingly. The issue of territorial sovereignty is logically distinct from that of the choice of nationality by individual inhabitants.

ii.  Benazir’s assassination falsely compared to the Mumbai massacres

Secondly, President Zardari draws a mistaken comparison between the assassination last year of his wife, Benazir Bhutto, and the Mumbai massacres a few weeks ago.  Ms Bhutto’s assassination may resemble more closely the assassinations in India of Indira Gandhi in 1984 and Rajiv Gandhi in 1991.

Indira Gandhi died in “blowback” from the unrest she and her younger son and others in their party had opportunistically fomented among Sikh fundamentalists and sectarians since the late 1970s.  Rajiv Gandhi died in “blowback” from an erroneous imperialistic foreign policy that he, as Prime Minister, had been induced to make by jingoistic Indian diplomats, a move that got India’s military needlessly involved in the then-nascent Sri Lankan civil war.  Benazir Bhutto similarly may be seen to have died in “blowback” from her own political activity as prime minister and opposition leader since the late 1980s, including her own encouragement of Muslim fundamentalist forces.  Certainly in all three cases, as in all assassinations, there were lapses of security too and imprudent political judgments made that contributed to the tragic outcomes.

Ms Bhutto’s assassination has next to nothing to do with the Mumbai massacres, besides the fact the perpetrators in both cases were Pakistani terrorists.  President Zardari saying he himself has lost his wife to terrorism is true but not relevant to the proper diagnosis of the Mumbai massacres or to Pakistan-India relations in general.  Rather, it  serves to deflect criticism and condemnation of the Pakistani state’s pampered handing of Pakistan’s terrorist masterminds, as well as the gross irresponsibility of Pakistan’s military scientists (not AQ Khan) who have been recently advocating a nuclear first strike against India in the event of war.

iii.  Can any religious nation-state be viable in the modern world?

President Zardari’s article says:

“The world worked to exploit religion against the Soviet Union in Afghanistan by empowering the most fanatic extremists as an instrument of destruction of a superpower. The strategy worked, but its legacy was the creation of an extremist militia with its own dynamic.”

This may be overly simplistic.  As pointed out in my article “Pakistan’s Allies”,  Gregory Zinoviev himself  after the Bolshevik Revolution had declared that international communism “turns today to the peoples of the East and says to them, ‘Brothers, we summon you to a Holy War first of all against British imperialism!’ At this there were cries of Jehad! Jehad! And much brandishing of picturesque Oriental weapons.” (Treadgold, Twentieth Century Russia, 1990, p. 213).   For more than half of the 20th century, orthodox Muslims had been used by Soviet communists against British imperialism, then by the British and Americans (through Pakistan) against Soviet communism.  Touché! Blowback and counter-blowback!  The real question that arises from this today may be why orthodox Muslims have allowed themselves to be used either way by outside forces and have failed in developing a modern nation-state and political culture of their own.  Europe and America only settled down politically after their religious wars were over.  Perhaps no religious nation-state is viable in the modern world.

iv.   Pakistan’s behaviour leads to schizophrenia in international relations

President Zardari pleads for, or perhaps demands, resources from the world:

“the best response to the Mumbai carnage is to coordinate in counteracting the scourge of terrorism. The world must act to strengthen Pakistan’s economy and democracy, help us build civil society and provide us with the law enforcement and counterterrorism capacities that will enable us to fight the terrorists effectively.”

Six million pounds from Mr Gordon Brown, so much from here or there etc –  President Zardari has apparently demanded 100 billion dollars from America and that is the price being talked about for Pakistan to dismantle its nuclear weapons and be brought under an American “nuclear umbrella” instead.

I have pointed out elsewhere that what Pakistan seems to have been doing in international relations for decades is send out “mixed messages” – i.e. contradictory signals,  whether in thought, word or deed.  Clinical psychologists following the work of Gregory Bateson would say this leads to confusion among Pakistan’s interlocutors (a “double bind”) and the symptoms arise of what may be found in schizophrenic relationships.  (See my article “Do President-elect Obama’s Pakistan specialists believe…”; on the “double bind” theory,  an article I chanced to publish in the Journal of Genetic Psychology, 1986, may be of interest).

Here are a typical set of “mixed messages” emanating from Pakistan’s government and opinion-makers:

“We have nuclear weapons

“We keep our nuclear weapons safe from any misuse or unauthorized use

“We are willing to use nuclear weapons in a first strike against India

“We do not comprehend the lessons of Hiroshima-Nagasaki

“We do not comprehend the destruction India will visit upon us if we strike them

“We are dangerous so we must not be threatened in any way

“We are peace-loving and want to live in peace with India and Afghanistan

“We love to play cricket with India and watch Bollywood movies

“We love our Pakistan Army as it is one public institution that works

“We know the Pakistan Army has backed armed militias against India in the past

“We know these militias have caused terrorist attacks

“We are not responsible for any terrorist attacks

“We do not harbour any terrorists

“We believe the world should pay us to not use or sell our nuclear weapons

“We believe the world should pay us to not encourage the terrorists in our country

“We believe the world should pay us to prevent terrorists from using our nuclear weapons

“We hate India and do not want to become like India

“We love India and want to become like India

“We are India and we are not India…”

Etc.

A mature rational responsible and self-confident Pakistan would have said instead:

“We apologise to India and other countries for the outrageous murders our nationals have committed in Mumbai and elsewhere

“We ask the world to watch how our professional army is deployed to disarm civilian and all “non-state” actors of unauthorized firearms and explosives

“We do not need and will not demand or accept a dollar in any sort of foreign aid, military or civilian, to solve our problems

“We realize our economic and political institutions are a mess and we must clean them up

“We will strive to build a society imbued with what Iqbal described as the spirit of modern times..”

As someone who created at great personal cost at an American university twenty years ago the book Foundations of Pakistan’s Political Economy: Towards an Agenda for the 1990s, I have a special interest in hoping that Pakistan shall find the path of wisdom.

10. January 1, 2009 A basis of India-Pakistan cooperation on the Mumbai massacres: the ten Pakistani terrorists started off as pirates and the Al-Huseini is a pirate ship

One of my finest teachers at the London School of Economics many years ago had been Professor DHN Johnson, a pioneer of the Law of the Sea Treaty; reflecting upon the aftermath of the Mumbai massacres, it occurs to me that the Law of the Sea Treaty may provide the most expedient and lawful recourse in present circumstances, as well as a proper and clear basis for cooperation between the Government of India and the Government of Pakistan in the matter.

Both India and Pakistan have signed and ratified the Law of the Sea Treaty which reads at  Article 101

“Definition of piracy

Piracy consists of any of the following acts:

(a) any illegal acts of violence or detention, or any act of depredation, committed for private ends by the crew or the passengers of a private ship or a private aircraft, and directed:

(i) on the high seas, against another ship or aircraft, or against persons or property on board such ship or aircraft;

(ii) against a ship, aircraft, persons or property in a place outside the jurisdiction of any State;

(b) any act of voluntary participation in the operation of a ship or of an aircraft with knowledge of facts making it a pirate ship or aircraft;

(c) any act of inciting or of intentionally facilitating an act described in subparagraph (a) or (b).”

From the captured Kasab’s confession, it is clear he and his companions began their criminal activities within Pakistan (by training as terrorists and engaging in a conspiracy to commit mass-murder) and this continued outside Pakistan at sea:

“On November 23, the teams left from Azizabad in Karachi, along with Zaki-ur-Rehman and Kafa. We were taken to the nearby seashore… We boarded a launch. After travelling for 22 to 25 nautical miles we boarded a bigger launch. Again, after a journey of an hour, we boarded a ship, Al-Huseini, in the deep sea. While boarding the ship, each of us was given a sack containing eight grenades, an AK-47 rifle, 200 cartridges, two magazines and a cellphone.  Then we started towards the Indian coast. When we reached Indian waters, the crew members of Al-Huseini hijacked an Indian launch. The crew of the launch was shifted to Al-Huseini. We then boarded the launch. An Indian seaman was made to accompany us at gunpoint; he was made to bring us to the Indian coast. After a journey of three days, we reached near Mumbai’s shore. While we were still some distance away from the shore, Ismail and Afadulla killed the Indian seaman (Tandel) in the basement of the launch.”

Pirates in law are Hostis humani generis or “enemies of mankind”.    As signatories to the Law of the Sea Treaty, India and Pakistan may act jointly against the Al-Huseini and others associated with the acts of  piracy including the maritime murders of the Indian fishermen that preceded the Mumbai massacres, thus solving the question of jurisdiction before it arises.  The remains of the nine dead Pakistani terrorists presently in a Mumbai morgue  can be buried at sea in international waters by whatever funeral procedure is due to dishonourable sailors and pirates.  (The fish will not refuse them.)  Kasab can be tried as a pirate too — though he really needs an American defence attorney to plea-bargain for him as he turns State’s evidence against the real masterminds of the plot, some of whom may be presently in the custody of the Pakistan Government.

Subroto Roy

11. January 2 2009  How to solve the jurisdiction problem in prosecuting perpetrators of the Mumbai massacres: let the Pakistan and Indian Navies try them (and hang them) at sea as pirates

Should Pakistan hand over the terrorist masterminds now in its custody to India for trial for mass murder?  Should India hand over the captured Mumbai terrorist Kasab to Pakistan for trial as a mass murderer?   Such questions can lead to endless legal wrangling, no action, and no justice for all the many victims of the Mumbai massacres.  It is far more expeditious for both countries to instead hand over all these characters in their custody to their respective navies for trial and punishment as pirates who have violated the Law of the Sea.  The Pakistan Navy Chief and the Indian Navy Chief can agree to have their admirals meet with their respective prisoners for a rendezvous at sea in international waters.   A joint trial under maritime law can be conducted on board, say, a Pakistan naval vessel in international waters.  Pakistan’s terrorist masterminds can be hanged at sea on a scaffold aboard a Pakistan Navy vessel in international waters for crimes of  piracy, murder and conspiracy.  Kasab, if he turns State’s evidence, can plea-bargain for a lesser sentence;   if he does not turn State’s evidence, he can join his handlers on the scaffold (assuming he is of adult age and sane).  Pakistan’s terrorist training institutes, incidentally, will see a rapid decline in their admissions and recruitment figures once there are some well-televised hangings at sea.

Subroto Roy

12. January 16, 2009 Memo to the Hon’ble Attorneys General of Pakistan & India: How to jointly prosecute the Mumbai massacre perpetrators most expeditiously

A criminal conspiracy was hatched within the Pakistan Republic by persons known and unknown affiliated with an unlawful organization. The plot was to commit kidnapping, murder, robbery and piracy on the high seas, to be followed by illegal entry, criminal trespass, mass-murder, kidnapping, grievous bodily harm, arson, robbery, dacoity and multiple similarly heinous crimes in the Indian Republic, amounting to waging war against the Indian Republic and the Indian people. The conspirators commissioned services of at least 10 identified persons to be trained and indoctrinated as willing instruments in these multiple crimes, inducing them with money and other incentives.

Nine of these 10 persons came to be killed by Indian law enforcement authorities during the execution of their crimes; their mortal remains have remained in a Mumbai morgue now for more than one month and a half.

The tenth person,  one Kasab, was captured alive and is in custody. He has been a willing witness for the prosecution of these multiple crimes and it is principally due to his testimony that the precise sequence of events in the commission of these crimes has been able to be reconstructed by law enforcement authorities (as contained e.g. in the “dossier” submitted by the Indian Republic to the Pakistan Republic.)

Both the Pakistan Republic and the Indian Republic have jurisdiction to prosecute these crimes. The jurisdiction of the Indian Republic is obvious.

Pakistan’s jurisdiction arises from the Pakistan Penal Code which states

2. Punishment of offences committed within Pakistan: Every person shall be liable to punishment under this Code and not otherwise for every act or omission contrary to the provisions thereof, of which he shall be guilty within Pakistan.3. Punishment of offences committed beyond, but which by law may be tried within Pakistan: Any person liable, by any Pakistani Law, to be tried for an offence committed beyond Pakistan shall be dealt with according to the provision of this Code for any act committed beyond Pakistan in the same manner as if such act had been committed within Pakistan. 4. Extension of Code for extra-territorial offences: The provisions of this Code apply also to any offence committed by “[(1) any citizen of Pakistan or any person in the service of Pakistan in any place without and beyond Pakistan];…. (4) any person on any ship or aircraft registered in Pakistan wherever it may be. Explanation: In this section the word “offence” includes every act committed outside Pakistan which, if committed in Pakistan, would be punishable under this Code…”.

Furthermore, both the Pakistan Republic and the Indian Republic have jurisdiction from the Law of the Sea Treaty which both have signed and ratified and which states at Article 101

“Definition of piracy(b) any act of voluntary participation in the operation of a ship or of an aircraft with knowledge of facts making it a pirate ship or aircraft;

Piracy consists of any of the following acts: (a) any illegal acts of violence or detention, or any act of depredation, committed for private ends by the crew or the passengers of a private ship or a private aircraft, and directed:

(i) on the high seas, against another ship or aircraft, or against persons or property on board such ship or aircraft;

(ii) against a ship, aircraft, persons or property in a place outside the jurisdiction of any State;

(c) any act of inciting or of intentionally facilitating an act described in subparagraph (a) or (b).”

From Kasab’s testimony, it is clear he and his companions began their criminal activities within Pakistan (by training as terrorists and engaging in the conspiracy to commit mass-murder in India) and this continued outside Pakistan at sea:

“On November 23, the teams left from Azizabad in Karachi, along with Zaki-ur-Rehman and Kafa. We were taken to the nearby seashore… We boarded a launch. After travelling for 22 to 25 nautical miles we boarded a bigger launch. Again, after a journey of an hour, we boarded a ship, Al-Huseini, in the deep sea. While boarding the ship, each of us was given a sack containing eight grenades, an AK-47 rifle, 200 cartridges, two magazines and a cellphone. Then we started towards the Indian coast. When we reached Indian waters, the crew members of Al-Huseini hijacked an Indian launch. The crew of the launch was shifted to Al-Huseini. We then boarded the launch. An Indian seaman was made to accompany us at gunpoint; he was made to bring us to the Indian coast. After a journey of three days, we reached near Mumbai’s shore. While we were still some distance away from the shore, Ismail and Afadulla killed the Indian seaman … in the basement of the launch.”

Traditionally, pirates are Hostis humani generis or “enemies of mankind” in law (as are international terrorists).

In view of the competing jurisdictions to try and punish all these crimes, as well as in view of the regrettable historical circumstances of grave conflict and deep misunderstanding and mistrust between the Pakistan Republic and the Indian Republic, it may be most expeditious for there to be a joint investigation and prosecution under maritime law by the Pakistan Navy and Indian Navy of this entire set of crimes, assisted by civilian legal authorities in both countries. As signatories to the Law of the Sea Treaty, the Pakistan Republic and the Indian Republic may act jointly against the vessel Al-Huseini and all the others associated with the whole conspiracy including the acts of piracy and maritime murder of the Indian fishermen and the trawler-skipper Solanki preceding the massacres in Mumbai.

Both countries would hand over all the accused in their custody to their respective navies for trial and punishment as pirates who have or have conspired to violate the Law of the Sea. The Pakistan Navy Chief and the Indian Navy Chief can agree to have their admirals meet with their respective prisoners for a rendezvous at sea in international waters. A joint trial under maritime law can be conducted on board, say, a Pakistan naval vessel in international waters. The masterminds who conceived and plotted these crimes and who are presently in the custody of the Pakistan Republic can be hanged at sea on a scaffold aboard a Pakistan Navy vessel in international waters for piracy, murder and conspiracy. Kasab, if he turns State’s evidence, can plea-bargain for a lesser sentence; if he does not turn State’s evidence, he can join his handlers on the scaffold. The remains of the nine dead criminals presently in a Mumbai morgue can be buried at sea in international waters by whatever funeral procedure is due to dishonourable sailors and pirates.

Incidental consequences may be that future admissions and recruitment figures of terrorist training institutes would decline, and of course Pakistan-India tensions would be reduced once clear justice is seen to have been done expeditiously in this complex case.

Subroto Roy

13.  January 25, 2009 RAND’s study of the Mumbai attacks by Subroto Roy Kolkata

The conspicuously good thing that can be said about the RAND Corporation’s study of the Mumbai massacres (”The Lessons of Mumbai”, RAND January 2009) is that there is no sign of it having been affected by the powerful Pakistan lobby.  Far too many purported studies emerging from American or British “thinktanks” cannot say the same.

If anything, the ten American authors of the 25-pages of the RAND text have among them two prominent advocates of better US-India relations.  This is helpful to truthfulness because of the simple fact India has been in this case a victim of aggression that originated in Pakistan. Whether elements of the Pakistan Government were involved is almost the wrong question – if some retired underemployed former soldier drawing a Pakistan Army pension helped the Lashkar-e-Taiba’s commando training of the Mumbai terrorists, the existence of Pakistani state involvement is proved. Commando training requires technical skills of a sort that can only originate with a military.

In Pakistan as in any other large populous country including India, the state tends to be a hydra-headed monster and it may be foolish to imagine instead a rational, unified, well-informed or even a benevolent political entity.  State involvement in Pakistan, India, China or elsewhere is something hard to isolate when there is so much mixing of private and public property or misuse of resources arising from the public exchequer.

What Pakistan’s PR campaign has done after Mumbai is not so much raise the Kashmir dispute as to obfuscate things by shedding crocodile tears and pretending to share victimhood saying, oh we sympathise with you but please sympathise with us too as we have been victims of even bigger terrorist attacks by the same kind of people, we have lost Benazir, we have lost many more people than you have, therefore  cooperate with us and we will try to do what we can to help you in this matter.  English-speaking liberals educated at places like Karachi Grammar School have then appeared on Indian TV stations (owned by Delhi people from places like Doon School) purporting to represent Pakistan on “the Mumbai incident”; none of them can have much credibility because the real India-haters in Pakistan might cheerfully make them murder victims too given half a chance.

The RAND study deserves credit for avoiding all misleading Pakistani rhetoric about the Mumbai massacres and at least intending to try to get to the bottom of things in a systematic manner.  Beyond that, unfortunately, it has made logical and factual and methodological errors which cause it to fail to do so.

The key logical error made by the RAND authors arises from combining a central front-page statement

“Evidence suggests Lashkar-e-Taiba, a terrorist group based in Pakistan, was responsible for the attack”

with assertive suggestions about Mumbai’s police being backward, incompetent, cowardly etc (”passive”).  Yet how precisely did evidence about LeT culpability come to light?  Only because Mumbai’s police and the Railway police engaged, injured and then captured Kasab using their antiquated equipment the best they could.  There is no evidence of police cowardice at CST Station; to the contrary, it took courage to aim .303’s at adversaries firing back with assault rifles.  Kasab received his first hand injury there. ATS Chief Karkare and his fellow-officers may seem foolhardy in hindsight to have been driving in the same vehicle but they did engage their unknown enemy immediately they could and died doing so, crippling Kasab badly enough that he could be captured in due course at Chowpatty.  [Correction: it appears that though Kasab was fired upon by the police at CST Station  he  received both his hand injuries from the firing by the ATS squad.] And the Chowpatty police action showed obvious bravery in absorbing injury and death in order to kill Ishmail and capture Kasab.  (Kasab, among the youngest, had been paired with Ishmail, the apparent leader of the group.)

Furthermore, Kasab upon capture was treated humanely and lawfully.  His injuries were treated, he was produced before a magistrate within a week who asked him if he was being mistreated to which he said no.  Slumdog millionaire may get undeserved Oscars portraying torture of a British actor by Mumbai police but it is ridiculous fiction – Kasab the captured Pakistani terrorist mass murderer was not tortured by Mumbai’s police.

Contrast such Indian police behaviour with the “enhanced interrogation techniques” the Bush Administration used with negative results in Guantanamo and Abu Ghraib – which President Obama has now started to end.  Kasab, an ignorant misguided youth, was grateful enough for the humane and civilized treatment to start singing like the proverbial canary.  The result of that has been precisely all the evidence the Government of India has now presented to the world and Pakistan about the LeT’s culpability.

As for the anti-terrorist actions of the Indian Army, Navy and NSG, the RAND study is right to point to multitudinous errors and it is useful to have these listed in orderly fashion.  But many of these errors were obvious to millions of lay Indian citizens who watched events on TV.  The central fault was the scarcity of trained NSG officers and men, and the failure to apply standard emergency management protocols.

The RAND study, by relying overly on government sources, has failed to point to what ordinary Indian citizens already know – the NSG is being utterly wasted protecting our politicians.  India has no proper equivalent of the US “Secret Service”, and even if we did, we would probably waste that by spreading it too thinly among politicians.  As it happens if almost any politician in India today did happen to be unfortunately assassinated, the main mourners would be family-members and not the general Indian public.  Despite politicians constituting rather “low-value targets” for terrorists, India’s scarce anti-terrorist and police resources have been misallocated to protecting them.

Finally, the RAND study makes the lazy-man’s methodological error of supposing outfits like the LeT think and behave in a manner explicable by American political science textbooks, or ought to do so.  What Western analysts may need to do instead is learn from the old Arabist and Orientalist traditions of how to think and see the world from Eastern points of view.    But that may require greater self-knowledge than the modern world tends to permit.

Postscript:

My December 6 2008 analysis here titled “A Quick Comparison Between the September 11 2001 NYC-Washington attacks and the November 26-28 2008 Mumbai Massacres (An Application of the Case-by-Case Philosophical  Technique of Wittgenstein, Wisdom and Bambrough)” is republished below.  I have corrected “Rome Airport” with “Lod Airport” on the basis of  reading the RAND report, though may not have received the courtesy of acknowledgment for the reminder of the  Japanese Red Army attack….

14. February 9 2009, Pakistani expansionism: India and the world need to beware of “Non-Resident Pakistanis” ruled by Rahmat Ali’s ghost

The Government of Pakistan is said to be due to release its initial report on the involvement of Pakistanis in the Mumbai massacres.  It is reportedly expected that the G o P will partly if not mainly or wholly attribute responsibility for the planning of the massacres to expatriate  Pakistanis  in other countries, perhaps in Europe and Britain.  If so, a fact the Government of India might find prudent to recall is that the Government of Pakistan in bygone decades did deny citizenship to Rahmat Ali himself    (who invented the acronym “P, A, K, I, S, T, A, N” ) and even deported him back to Britain from where he had carried out his vituperative and bigoted campaign against Hindus.

Rahmat Ali’s British grave has become a site of pilgrimage for expatriate Pakistani extremists and his ignorant hate-filled ideology from the 1930s has been inspiring their modern manifestos.  I said this in an article published in Karachi’s Dawn newspaper in 2005, which also pointed to Iqbal and Jinnah’s disdain for Rahmat Ali’s views (see “Iqbal and Jinnah vs Rahmat Ali” republished here).  American nationals and  British subjects of Pakistani origin inspired by Rahmat Ali’s  ghost are spreading theories of Pakistani territorial expansionism at the cost of the destruction of the Indian Republic and many other countries.

The fact that at one such website recently I myself, presumably because of my Hindu name and Indian nationality, have been referred to as a “monkey- or donkey-worshipper” :D may speak to the somewhat  rabid nature of such ideologies.  (Drat! And there I was expecting some elementary Pakistani courtesy and acknowledgment let alone gratitude for having created, at great personal cost at an American university twenty years ago, the volume with WE James titled Foundations of Pakistan’s Political Economy: Towards an Agenda for the 1990s with its mundane chapters on agriculture, macroeconomics, education etc!)

Incidentally, British newspapers are reporting today that America’s  CIA has been deeply concerned about British subjects of Pakistani origin being a source of international terrorism. It may be pertinent to recall  that terrorism in India’s Punjab had much support among numerous Sikh expatriates and immigrants in North America and Britain, and the same kind of thing may be true of Tamil expatriates from  Sri Lanka.  Being isolated and alienated as immigrants in a foreign country may lead to psychological conditions that contribute to such phenomena, whereby political and other events in the faraway country-of-origin take on exaggerated proportions in an individual’s mental make-up.   Certainly Rahmat Ali himself was a rather tragic lonely figure who wasted his own potential to properly contribute to Pakistan’s political history  through his own self-blinding hatred of Hindus.

SR

15. February 11, 2009 Kasab, the young misguided Pakistani mass-murdering terrorist, needs to be given political asylum in India! (Matt Damon, Will Smith: here’s a real-life case!)

Life imitates art or rather Hollywood again as young Kasab, the misguided primary-school dropout Pakistani mass-murdering terrorist caught by Indian police after the Mumbai massacres,  becomes a kind of Jason-Bourne/Enemy-of-the-State character who is said to be being targeted now by Pakistan’s terrorist masterminds for not being dead already! There have been all kinds of weird assassinations by and of government agents using poisoned umbrellas and radioactive pills etc in real life, and who is to say that young Kasab is not going to be given a small cyanide capsule along with a letter of farewell from his parents when His Excellency the High Commissioner’s consular agents receive access to him?

Shortly after Kasab’s remorseful confessions (which flowed from his natural gratitude at having survived and having been treated humanely by Mumbai’s police), I said here that if I was the judge trying him, I would send him to an Indian prison for 20 or 30 years (given his 20 or 30 murder victims), but I would add that he should be occasionally, say once a year, permitted to offer namaz at India’s grandest mosques. He could become a model prisoner,  possibly a potent weapon against Pakistan’s terrorist masterminds who have ruined his life and now wish him dead.

(Message to Matt Damon, Will Smith and assorted Hollywood cinematic personalities:  there is a confessed, remorseful mass-murdering 20-year old Pakistani terrorist in an Indian prison who is being targeted by the very people who sent him on his vile mission.)

In present circumstances, young Kasab needs to seek political asylum in the Indian Republic as his life in his own Pakistan Republic is as good as over for political reasons. He would become the first person ever in history to receive political asylum in a country that he attacked despite being a confessed terrorist mass-murderer.   But Mahatma Gandhi would have approved and smiled at the irony of it all!  Ahimsa paramo dharmaha in practice.

SR

16.  February 12 2009, Thanks and well done Minister Rehman Malik and the Government of Pakistan

The Hon’ble Rehman Malik and the Government of Pakistan have done very well, all things considered, in taking forward the criminal investigation into the Mumbai massacres, based on the evidence provided by Indian authorities that arose from the cooperation and testimony of young Kasab, the captured  Pakistani terrorist.   I am hopeful the Government of India will provide a serious well-considered response too, though our private TV channels continue frequently to be rather juvenile, sensationalist and inflammatory caused by their overall lack of editorial competence.

As foreseen here over the last two months, a very serious problem of international  law  still arises  due to the competing jurisdictions in the prosecution of this complex case,  since both the Indian Republic and the Pakistan Republic have jurisdiction.   I continue to believe that a joint prosecution  by the Pakistan Navy and the Indian Navy under the Law of the Sea in international waters (conducted on board, say, a Pakistan Navy vessel) may be the most expeditious way to bring this whole tragic and awful matter to proper closure.

In the meantime, the Government of Pakistan has done well and deserves Indian thanks.  Recall, by way of contrast, that investigations of many of Pakistan’s major political assassinations, from Liaquat Ali Khan and Dr Khan Sahib to Zia ul Haq and Nawab Bugti and Benazir Bhutto herself, still remain in the dark.   We in India tend to solve our political assassinations better but in recent  times our police have failed  woefully to solve several ghastly and notorious personal murders.

Subroto Roy, Kolkata

17. March 18 2009. Pakistan’s progress

Nine months ago, on June 9 2008, I wrote but did not publish the op-ed article below “Pakistan’s progress” intended for an Indian newspaper.   When the Mumbai massacres took place, I was rather glad I had not come to do so  because its cheer and optimism contrasted too starkly with the vileness and viciousness of the massacres.  Instead I turned to the legal, moral and political implications of the massacres, and several articles are to be found here on Kasab, competing jurisdictions in international law in prosecuting the crimes, and application of the Law of the Sea Treaty (which both countries have ratified) to jointly try and hang the masterminds at sea in international waters.  Pakistan’s initial criminal investigation into the massacres received praise here, and I can only trust that both the Government of India and the Government of Pakistan will remain forensically focussed on that case of mass-murder and other heinous  crimes until its appropriate conclusion.

Meanwhile, recent political events in Pakistan have made the article below relevant again; when it was written Pervez Musharraf had still not departed from office but the more abstract constitutional question raised in the article had to do with the relative powers of the Head of State and Head of Government in the new Pakistan.  With the peaceful restoration of the Chief Justice to his high office, I am glad to say that the question I raised  but did not publish nine months ago, namely, “A rare constitutional consensus might be developing – can it last long enough?”, seems to be headed at present to being answered in the affirmative.

Subroto Roy, Kolkata, India

“Pakistan’s progress: A rare constitutional consensus might be developing – can it last long enough?  Subroto Roy, dated June 9 2008

The dynamic evolution of politics in Pakistan should be judged not against Indian politics (rotten or exemplary as our politics can be at different times) but against its own initial conditions.   It is an unimaginable luxury that Pakistanis in recent months have been discussing such sweet constitutional questions as how to restore judges unseated by soldiers having entered the Supreme Court, what to do with judges who took an oath despite such an abomination, how to maintain diplomatic relations between the PPP and PML(N),  and most important of all, whether the military with its nuclear assets should report to the PM or President – in other words, is the Head of Government or Head of State the Chief Executive?   It is a luxury too that Pervez Musharraf has become almost a distraction in Pakistani politics, that he himself indicates he may be running out of dramatic lines and may be getting ready to exit his country’s political stage, that the Pakistan Army is shocked by its realisation of its loss of prestige in society, that the Ex-Servicemen’s Society thinks Musharraf deserves punishment for having caused such a state of affairs.  Dr Ayesha Siddiqa has pointed out that every Pakistani military strongman has been eventually removed, and has been removed not by democratic forces alone but by intra-military pressure.

It is likely we are at present witnessing such a critical moment, and it is naturally fraught with danger for any civilian prime minister and parliament because any intra-military conflict can descend into mutiny or worse.  Pakistan Army officers have been deeply divided for years over Islamicisation already — onto which is now compounded the issue of loyalty to Musharraf (mostly paid for in American dollars) versus the urge to remove him in the best future interests of the military.  Musharraf himself, with his usual braggadocio, has been claiming fealty to constitutional principles as well; so at least there is agreement on all sides that matters should proceed in an orderly and dignified manner and not by nefarious means.

The relevant comparison of the present situation is with the recent past.  Let us look back just a few years, say to the autumn of 2005 when the initial post 9/11 Western backlash against Pakistan had been renewed after the London Underground bombings.  On 1 September 2005, during the scheduled Islamabad visit of the Indian Foreign Secretary, the PAF launched massive month-long war-games against an assumed Indian enemy.  It involved “the entire fleet, including US-made F-16s, French Mirage fighter aircraft and Chinese-built jets” and “using all assets” in an exercise “closest to war you can get in peacetime”; from the Hindu Kush to the Arabian Sea “8,200 operational sorties” would be flown, Shaukat Aziz witnessing the start, Musharraf the finish.  Hardly had this orgy of militarism concluded when northern Pakistan and parts of J&K were hit by the devastating earthquake; Musharraf visited quake-hit areas still dressed in battle gear down to his para wings.

Pakistanis of all classes were appalled at the ineptitude of their government in face of the earthquake and it was inevitable the military would be held responsible.  What had been the opportunity cost in fungible resources of those “8,200 operational sorties”?  The military’s extremely expensive “assets” were designed for war with India and had bankrupted the country but ordinary people had been left utterly helpless in a natural calamity.  Future historians of Pakistan may well see the 2005 earthquake as a critical turning point in their political development just as the 12 November 1970 cyclone was in the history of Bangladesh.

A modern war between Pakistan and India, even a non-nuclear one, would be like a hundred earthquakes.  Indians have not been so jingoistic as to contemplate such an exchange of destruction but less than a decade ago Gohar Ayub Khan, as Pakistan’s Foreign Minister, was boasting how India would surrender within a few hours in the next war – which was presumably a threat to unleash missiles, even non-nuclear ones, as a first resort against Indian cities and civilian populations.  That such abominable Pakistan-India tension has today come to vanish might have been indicated during the recent IPL cricket final when Kamran Akmal jumped onto Yusuf Pathan or crashed into Mohammad Kaif as commercially driven team-mates led by an Australian captain and associated with what used to be Hindu Rajputana.  So much for the “Two Nations Theory” in the 21st Century.  Maulana Azad seems to have been proven right and MA Jinnah proven wrong after all.

The Pakistani state had become an oppressive war-machine solely guided by anti-Indian paranoia even while ordinary Pakistanis, through modern communications and technology, knew fully well India and Indians were not nearly as bad as the Pakistan Government was making them out to be.  From an official Pakistani point of view, a nuclear bomb (even a purchased and assembled one) was needed out of fear India intended to destroy what remained of West Pakistan – a theory that could arise only from the delusion that Bangladesh had been caused by Indian intrigues.  The Pakistan Army has been reluctant for more than a generation to face up to the reality of its behaviour in East Pakistan and the consequences that resulted; it has been far easier to blame India instead.

Yet Pakistan’s national hero, AQ Khan himself, born in Bhopal and extremely bitter at modern India as many former Indian nationals tend to be, has now said “Never! Never!” will there be an exchange of destruction in nuclear warfare between India and Pakistan.  It may be a wise Indian diplomatic move to invite Dr Khan, stricken with cancer as he is said to be, to make a quiet private visit to his place of birth if he wished to (perhaps followed by a courtesy luncheon at BARC on the way home).

Of course Indians cannot forget the destruction that has been wrought in this country in recent years by our old Bogeyman, the ISI.  Yet it is a fair bet that not only do we not comprehend the workings of that particular bureaucracy, nor do Pakistanis themselves,   indeed the ISI itself may not comprehend itself in the sense that different ISI sections have been and may remain at cross-purposes or conflict with each other as has become apparent in the ongoing official attempts to suppress the new “Taliban”.  Proper civilian control of the ISI is part of the same process as the proper civilian control of the Pakistan military as a whole, and what we are witnessing is nothing less than the first serious constitutional attempt in Pakistan’s history for that to take place.  The whole subcontinent is hopeful and watching Pakistan’s transition.  In the meantime, a milestone was certainly reached on 25 May when Pakistan’s young and brilliant sufi rock band *Junoon* performed in beautiful Srinagar to the delight of thousands of Kashmiris.   The “United Jehad Council” and Syed Ali Shah Geelani had denounced them; in reply the band’s lead guitarist Salman Ahmed had the courage to say: “I want them to join us in the musical *jehad* for peace and ring the bells of harmony.”  For peace to break out will of course require India’s participation and willingness as well.”…

Mistaken Macroeconomics: An Open Letter to Prime Minister Dr Manmohan Singh 12 June 2009

 

 

12 June 2009

The Hon’ble Dr Manmohan Singh, MP, Rajya Sabha

Prime Minister of India

 

 

Respected Pradhan Mantriji:

 

In September 1993 at the residence of the Indian Ambassador to Washington, I had the privilege of being introduced to you by our Ambassador the Hon’ble Siddhartha Shankar Ray, Bar-at-Law. Ambassador Ray was kind enough to introduce me saying the 1991 “Congress manifesto had been written on (my laptop) computer” – a reference to my work as adviser on economic and other policy to the late Rajiv Gandhi in his last months. I presented you a book Foundations of India’s Political Economy: Towards an Agenda for the 1990s created and edited by myself and WE James at the University of Hawaii since 1986 — the unpublished manuscript of that book had reached Rajivji by my hand when he and I first met on September 18 1990. Tragically, my pleadings in subsequent months to those around him that he seemed to my layman’s eyes vulnerable to the assassin went unheeded.

 

 

When you and I met in 1993, we had both forgotten another meeting twenty years earlier in Paris. My father had been a long-time friend of the late Brahma Kaul, ICS, and the late MG Kaul, ICS, who knew you in your early days in the Government of India. In the late summer of 1973, you had acceded to my father’s request to advise me about economics before I embarked for the London School of Economics as a freshman undergraduate. You visited our then-home in Paris for about 40 minutes despite your busy schedule as part of an Indian delegation to the Aid-India Consortium. We ended up having a tense debate about the merits (as you saw them) and demerits (as I saw them) of the Soviet influence on Indian economic “planning”. You had not expected such controversy from a lad of 18 but you were kindly disposed and offered when departing to write a letter of introduction to Amartya Sen, then teaching at the LSE, which you later sent me and which I was delighted to carry to Professor Sen.

 

 

I may add my father, back in 1973 in Paris, had predicted to me that you would become Prime Minister of India one day, and he, now in his 90s, is joined by myself in sending our warm congratulations at the start of your second term in that high office.

 

 

The controversy though that you and I had entered that Paris day in 1973 about scientific economics as applied to India, must be renewed afresh!

 

 

This is because of your categorical statement on June 9 2009 to the new 15th Lok Sabha:

 

 

“I am convinced, since our savings rate is as high as 35%, given the collective will, if all of us work together, we can achieve a growth-rate of 8%-9%, even if the world economy does not do well.” (Statement of Dr Manmohan Singh to the Lok Sabha, June 9 2009)

 

 

I am afraid there may be multiple reasons why such a statement is gravely and incorrigibly in error within scientific economics. From your high office as Prime Minister in a second term, faced perhaps with no significant opposition from either within or without your party, it is possible the effects of such an error may spell macroeconomic catastrophe for India.

 

 

As it happens, the British Labour Party politician Dr Meghnad Desai made an analogous statement to yours about India when he claimed in 2006 that China

 

 

“now has 10.4% growth on a 44 % savings rate… ”

 

Indeed the idea that China and India have had extremely high economic growth-rates based on purportedly astronomical savings rates has become a commonplace in recent years, repeated endlessly in international and domestic policy circles though perhaps without adequate basis.

 

 

 

1.   Germany & Japan

 

What, at the outset, is supposed to be measured when we speak of “growth”? Indian businessmen and their media friends seem to think “growth” refers to something like nominal earnings before tax for the organised corporate sector, or any unspecified number that can be sold to visiting foreigners to induce them to park their funds in India: “You will get a 10% return if you invest in India” to which the visitor says “Oh that must mean India has 10% growth going on”. Of such nonsense are expensive international conferences in Davos and Delhi often made.

 

You will doubtless agree the economist at least must define economic growth properly and with care — what is referred to must be annual growth of per capita inflation-adjusted Gross Domestic Product. (Per capita National Income or Net National Product would be even better if available).

 

West Germany and Japan had the highest annual per capita real GDP growth-rates in the world economy starting from devastated post-World War II initial conditions. What were their measured rates?

 

West Germany: 6.6% in 1950-1960, falling to 3.5% by 1960-1970 falling to 2.4% by 1970-1978.

 

Japan: 6.8 % in 1952-1960 rising to 9.4% in 1960-1970 falling to 3.8 % in 1970-1978.

 

Thus in recent decadesonly Japan measured a spike in the 1960s of more than 9% annual growth of real per capita GDP. Now India and China are said to be achieving 8%-10 % and more year after year routinely!

 

Perhaps we are observing an incredible phenomenon of world economic history. Or perhaps it is just something incredible, something false and misleading, like a mirage in the desert.

 

You may agree that processes of measurement of real income in India both at federal and provincial levels, still remain well short of the world standards described by the UN’s System of National Accounts 1993. The actuality of our real GDP growth may be better than what is being measured or it may be worse than what is being measured – from the point of view of public decision-making we at present simply do not know which it is, and to overly rely on such numbers in national decisions may be unwise. In any event, India’s population is growing at near 2% so even if your Government’s measured number of 8% or 9% is taken at face-value, we have to subtract 2% population growth to get per capita figures.

 

 

 

 

 

2.  Growth of the aam admi’s consumption-basket

 

 

The late Professor Milton Friedman had been an invited adviser in 1955 to the Government of India during the Second Five Year Plan’s formulation. The Government of India suppressed what he had to say and I had to publish it 34 years later in May 1989 during the 1986-1992 perestroika-for-India project that I led at the University of Hawaii in the United States. His November 1955 Memorandum to the Government of India is a chapter in the book Foundations of India’s Political Economy: Towards an Agenda for the 1990s that I and WE James created.

 

At the 1989 project-conference itself, Professor Friedman made the following astute observation about all GNP, GDP etc growth-numbers that speaks for itself:

 

 

“I don’t believe the term GNP ought to be used unless it is supplemented by a different statistic: the rate of growth of the average consumption basket consumed by the ordinary individual in the country. I think GNP rates of growth can give very misleading information. For example, you have rapid rates of growth of GNP in the Soviet Union with a declining standard of life for the people. Because GNP includes monuments and includes also other things. I’m not saying that that is the case with India; I’m just saying I would like to see the two figures together.”

 

 

You may perhaps agree upon reflection that not only may our national income growth measurements be less robust than we want, it may be better to be measuring something else instead, or as well, as a measure of the economic welfare of India’s people, namely, “the rate of growth of the average consumption basket consumed by the ordinary individual in the country”, i.e., the rate of growth of the average consumption basket consumed by the aam admi.

 

 

It would be excellent indeed if you were to instruct your Government’s economists and other spokesmen to do so this as it may be something more reliable as an indicator of our economic realities than all the waffle generated by crude aggregate growth-rates.

 

 

 

 

3.  Logic of your model

 

Thirdly, the logic needs to be spelled out of the economic model that underlies such statements as yours or Meghnad Desai’s that seek to operationally relate savings rates to aggregate growth rates in India or China. This seems not to have been done publicly in living memory by the Planning Commission or other Government economists. I have had to refer, therefore, to pages 251-253 of my own Cambridge doctoral thesis under Professor Frank Hahn thirty years ago, titled “On liberty and economic growth: preface to a philosophy for India”, where the logic of such models as yours was spelled out briefly as follows:

 

Let

 

 

Kt be capital stock

 

Yt be national output

 

It be the level of real investment

 

St be the level of real savings

 

By definition

 

It = K t+1 – Kt

 

By assumption

 

Kt = k Yt 0 < k < 1

 

St = sYt 0 < s <1

 

In equilibrium ex ante investment equals ex ante savings

 

It = St

 

Hence in equilibrium

 

sYt = K t+1 – Kt

 

Or

 

s/k = g

 

where g is defined to be the rate of growth (Y t+1-Yt)/Yt  .

 

The left hand side then defines the “warranted rate of growth” which must maintain the famous “knife-edge” with the right hand side “natural rate of growth”.

 

Your June 9 2009 Lok Sabha statement that a 35% rate of savings in India may lead to an 8%-9% rate of economic growth in India, or Meghnad Desai’s statement that a 44% rate of savings in China led to a 10.4% growth there, can only be made meaningful in the context of a logical economic model like the one I have given above.

 

[In the open-economy version of the model, let Mt be imports, Et be exports, Ft net capital inflows.

 

Assume

 

Mt = aIt + bYt 0 < a, b < 1

 

Et = E for all t

 

Balance of payments is

 

Bt = Mt – Et – Ft

 

In equilibrium It = St + Bt

 

Or

 

Ft = (s+b) Yt – (1-a) It – E is a kind of “warranted” level of net capital inflow.]

 

 

 

You may perhaps agree upon reflection that building the entire macroeconomic policy of the Government of India merely upon a piece of economic logic as simplistic as the

 

s/k = g

 

equation above, may spell an unacceptable risk to the future economic well-being of our vast population. An alternative procedural direction for macroeconomic policy, with more obviously positive and profound consequences, may have been that which I sought to persuade Rajiv Gandhi about with some success in 1990-1991. Namely, to systematically seek to improve towards normalcy the budgets, financial positions and decision-making capacities of the Union and all state and local governments as well as all public institutions, organisations, entities, and projects in general, with the aim of making our domestic money a genuine hard currency of the world again after seven decades, so that any ordinary resident of India may hold and trade precious metals and foreign exchange at his/her local bank just like all those glamorous privileged NRIs have been permitted to do. Such an alternative path has been described in “The Indian Revolution”, “Against Quackery”, “The Dream Team: A Critique”, “India’s Macroeconomics”, “Indian Inflation”, etc.

 

 

 

4. Gross exaggeration of real savings rate by misreading deposit multiplication

 

 

Specifically, I am afraid you may have been misled into thinking India’s real savings rate, s, is as high as 35% just as Meghnad Desai may have misled himself into thinking China’s real savings rate is as high as 44%.

 

 

Neither of you may have wanted to make such a claim if you had referred to the fact that over the last 25 years, the average savings rate across all OECD countries has been less than 10%. Economic theory always finds claims of discontinuous behaviour to be questionable. If the average OECD citizen has been trying to save 10% of disposable income at best, it appears prima facie odd that India’s PM claims a savings rate as high as 35% for India or a British politician has claimed a savings rate as high as 44% for China. Something may be wrong in the measurement of the allegedly astronomical savings rates of India and China. The late Professor Nicholas Kaldor himself, after all, suggested it was rich people who saved and poor people who did not for the simple reason the former had something left over to save which the latter did not!

 

 

And indeed something is wrong in the measurements. What has happened, I believe, is that there has been a misreading of the vast nominal expansion of bank deposits via deposit-multiplication in the Indian banking system, an expansion that has been caused by explosive deficit finance over the last four or five decades. That vast nominal expansion of bank-deposits has been misread as indicating growth of real savings behaviour instead. I have written and spoken about and shown this quite extensively in the last half dozen years since I first discovered it in the case of India. E.g., in a lecture titled “Can India become an economic superpower or will there be a monetary meltdown?” at Cardiff University’s Institute of Applied Macroeconomics and at London’s Institute of Economic Affairs in April 2005, as well as in May 2005 at a monetary economics seminar invited at the RBI by Dr Narendra Jadav. The same may be true of China though I have looked at it much less.

 

 

How I described this phenomenon in a 2007 article in The Statesman is this:

 

 

“Savings is indeed normally measured by adding financial and non-financial savings. Financial savings include bank-deposits. But India is not a normal country in this. Nor is China. Both have seen massive exponential growth of bank-deposits in the last few decades. Does this mean Indians and Chinese are saving phenomenally high fractions of their incomes by assiduously putting money away into their shaky nationalized banks? Sadly, it does not. What has happened is government deficit-financing has grown explosively in both countries over decades. In a “fractional reserve” banking system (i.e. a system where your bank does not keep the money you deposited there but lends out almost all of it immediately), government expenditure causes bank-lending, and bank-lending causes bank-deposits to expand. Yes there has been massive expansion of bank-deposits in India but it is a nominal paper phenomenon and does not signify superhuman savings behaviour. Indians keep their assets mostly in metals, land, property, cattle, etc., and as cash, not as bank deposits.”

 

 

An article of mine in 2008 in Business Standard put it like this:

 

 

“India has followed in peacetime over six decades what the US and Britain followed during war. Our vast growth of bank deposits in recent decades has been mostly a paper (or nominal) phenomenon caused by unlimited deficit finance in a fractional reserve banking system. Policy makers have widely misinterpreted it as indicating a real phenomenon of incredibly high savings behaviour. In an inflationary environment, people save their wealth less as paper deposits than as real assets like land, cattle, buildings, machinery, food stocks, jewellery etc.”

 

 

If you asked me “What then is India’s real savings rate?” I have little answer to give except to say I know what it is not – it is not what the Government of India says it is. It is certainly unlikely to be anywhere near the 35% you stated it to be in your June 9 2009 Lok Sabha statement. If the OECD’s real savings rate has been something like 10% out of disposable income, I might accept India’s is, say, 15% at a maximum when properly measured – far from the 35% being claimed. What I believe may have been mismeasured by you and Meghnad Desai and many others as indicating high real savings is actually the nominal or paper expansion of bank-deposits in a fractional reserve banking system induced by runaway government deficit-spending in both India and China over the last several decades.

 

 

 

 

5. Technological progress and the mainsprings of real economic growth

 

 

So much for the g and s variables in the s/k = g equation in your economic model. But the assumed constant k is a big problem too!

 

During the 1989 perestroika-for-India project-conference, Professor Friedman referred to his 1955 experience in India and said this about the assumption of a constant k:

 

“I think there was an enormously important point… That was the almost universal acceptance at that time of the view that there was a sort of technologically fixed capital output ratio. That if you wanted to develop, you just had to figure out how much capital you needed, used as a statistical technological capital output ratio, and by God the next day you could immediately tell what output you were going to achieve. That was a large part of the motivation behind some of the measures that were taken then.”

 

The crucial problem of the sort of growth-model from which your formulation relating savings to growth arises is that, with a constant k, you have necessarily neglected the real source of economic growth, which is technological progress!

 

I said in the 2007 article referred to above:

 

“Economic growth in India as elsewhere arises not because of what politicians and bureaucrats do in capital cities, but because of spontaneous technological progress, improved productivity and learning-by-doing on part of the general population. Technological progress is a very general notion, and applies to any and every production activity or commercial transaction that now can be accomplished more easily or using fewer inputs than before.”

 

In “Growth and Government Delusion” published in The Statesman last year, I described the growth process more fully like this:

 

“The mainsprings of real growth in the wealth of the individual, and so of the nation, are greater practical learning, increases in capital resources and improvements in technology. Deeper skills and improved dexterity cause output produced with fewer inputs than before, i.e. greater productivity. Adam Smith said there is “invention of a great number of machines which facilitate and abridge labour, and enable one man to do the work of many”. Consider a real life example. A fresh engineering graduate knows dynamometers are needed in testing and performance-certification of diesel engines. He strips open a meter, finds out how it works, asks engine manufacturers what design improvements they want to see, whether they will buy from him if he can make the improvement. He finds out prices and properties of machine tools needed and wages paid currently to skilled labour, calculates expected revenues and costs, and finally tries to persuade a bank of his production plans, promising to repay loans from his returns. Overcoming restrictions of religion or caste, the secular agent is spurred by expectation of future gains to approach various others with offers of contract, and so organize their efforts into one. If all his offers ~ to creditors, labour, suppliers ~ are accepted he is, for the moment, in business. He may not be for long ~ but if he succeeds his actions will have caused an improvement in design of dynamometers and a reduction in the cost of diesel engines, as well as an increase in the economy’s produced means of production (its capital stock) and in the value of contracts made. His creditors are more confident of his ability to repay, his buyers of his product quality, he himself knows more of his workers’ skills, etc. If these people enter a second and then a third and fourth set of contracts, the increase in mutual trust in coming to agreement will quickly decline in relation to the increased output of capital goods. The first source of increasing returns to scale in production, and hence the mainspring of real economic growth, arises from the successful completion of exchange. Transforming inputs into outputs necessarily takes time, and it is for that time the innovator or entrepreneur or “capitalist” or “adventurer” must persuade his creditors to trust him, whether bankers who have lent him capital or workers who have lent him labour. The essence of the enterprise (or “firm”) he tries to get underway consists of no more than the set of contracts he has entered into with the various others, his position being unique because he is the only one to know who all the others happen to be at the same time. In terms introduced by Professor Frank Hahn, the entrepreneur transforms himself from being “anonymous” to being “named” in the eyes of others, while also finding out qualities attaching to the names of those encountered in commerce. Profits earned are partly a measure of the entrepreneur’s success in this simultaneous process of discovery and advertisement. Another potential entrepreneur, fresh from engineering college, may soon pursue the pioneer’s success and start displacing his product in the market ~ eventually chasers become pioneers and then get chased themselves, and a process of dynamic competition would be underway. As it unfolds, anonymous and obscure graduates from engineering colleges become by dint of their efforts and a little luck, named and reputable firms and perhaps founders of industrial families. Multiply this simple story many times, with a few million different entrepreneurs and hundreds of thousands of different goods and services, and we shall be witnessing India’s actual Industrial Revolution, not the fake promise of it from self-seeking politicians and bureaucrats.”

 

 

Technological progress in a myriad of ways and discovery of new resources are important factors contributing to India’s growth today. But while India’s “real” economy does well, the “nominal” paper-money economy controlled by Government does not. Continuous deficit financing for half a century has led to exponential growth of public debt and broad money, and, as noted, the vast growth of nominal bank-deposits has been misinterpreted as indicating unusually high real savings behaviour when it in fact may just signal vast amounts of government debt being held by our nationalised banks. These bank assets may be liquid domestically but are illiquid internationally since our government debt is not held by domestic households as voluntary savings nor has it been a liquid asset held worldwide in foreign portfolios.

 

 

What politicians of all parties, especially your own and the BJP and CPI-M since they are the three largest, have been presiding over is exponential growth of our paper money supply, which has even reached 22% per annum. Parliament and the Government should be taking honest responsibility for this because it may certainly portend double-digit inflation (i.e., decline in the value of paper-money) perhaps as high as 14%-15% per annum, something that is certain to affect the aam admi’s economic welfare adversely.

 

 

 

 

 

 

 

6. Selling Government assets to Big Business is a bad idea in a potentially hyperinflationary economy

 

 

Respected PradhanMantriji, the record would show that I, and really I alone, 25 years ago, may have been the first among Indian economists to advocate  the privatisation of the public sector. (Viz, “Silver Jubilee of Pricing, Planning and Politics: A Study of Economic Distortions in India”.) In spite of this, I have to say clearly now that in present circumstances of a potentially hyperinflationary economy created by your Government and its predecessors, I believe your Government’s present plans to sell Government assets may be an exceptionally unwise and imprudent idea. The reasoning is very simple from within monetary economics.

 

Government every year has produced paper rupees and bank deposits in practically unlimited amounts to pay for its practically unlimited deficit financing, and it has behaved thus over decades. Such has been the nature of the macroeconomic process that all Indian political parties have been part of, whether they are aware of it or not.

 

Indian Big Business has an acute sense of this long-term nominal/paper expansion of India’s economy, and acts towards converting wherever possible its own hoards of paper rupees and rupee-denominated assets into more valuable portfolios for itself of real or durable assets, most conspicuously including hard-currency denominated assets, farm-land and urban real-estate, and, now, the physical assets of the Indian public sector. Such a path of trying to transform local domestic paper assets – produced unlimitedly by Government monetary and fiscal policy and naturally destined to depreciate — into real durable assets, is a privately rational course of action to follow in an inflationary economy. It is not rocket-science to realise the long-term path of rupee-denominated assets is downwards in comparison to the hard-currencies of the world – just compare our money supply growth and inflation rates with those of the rest of the world.

 

The Statesman of November 16 2006 had a lead editorial titled Government’s land-fraud: Cheating peasants in a hyperinflation-prone economy which said:

 

 

“There is something fundamentally dishonourable about the way the Centre, the state of West Bengal and other state governments are treating the issue of expropriating peasants, farm-workers, petty shop-keepers etc of their small plots of land in the interests of promoters, industrialists and other businessmen. Singur may be but one example of a phenomenon being seen all over the country: Hyderabad, Karnataka, Kerala, Haryana, everywhere. So-called “Special Economic Zones” will merely exacerbate the problem many times over. India and its governments do not belong only to business and industrial lobbies, and what is good for private industrialists may or may not be good for India’s people as a whole. Economic development does not necessarily come to be defined by a few factories or high-rise housing complexes being built here or there on land that has been taken over by the Government, paying paper-money compensation to existing stakeholders, and then resold to promoters or industrialists backed by powerful political interest-groups on a promise that a few thousand new jobs will be created. One fundamental problem has to do with inadequate systems of land-description and definition, implementation and recording of property rights. An equally fundamental problem has to do with fair valuation of land owned by peasants etc. in terms of an inconvertible paper-money. Every serious economist knows that “land” is defined as that specific factor of production and real asset whose supply is fixed and does not increase in response to its price. Every serious economist also knows that paper-money is that nominal asset whose price can be made to catastrophically decline by a massive increase in its supply, i.e. by Government printing more of the paper it holds a monopoly to print. For Government to compensate people with paper-money it prints itself by valuing their land on the basis of an average of the price of the last few years, is for Government to cheat them of the fair present-value of the land. That present-value of land must be calculated in the way the present-value of any asset comes to be calculated, namely, by summing the likely discounted cash-flows of future values. And those future values should account for the likelihood of a massive future inflation causing decline in the value of paper-money in view of the fact we in India have a domestic public debt of some Rs. 30 trillion (Rs. 30 lakh crore) and counting, and money supply growth rates averaging 16-17% per annum. In fact, a responsible Government would, given the inconvertible nature of the rupee, have used foreign exchange or gold as the unit of account in calculating future-values of the land. India’s peasants are probably being cheated by their Government of real assets whose value is expected to rise, receiving nominal paper assets in compensation whose value is expected to fall.”

 

Shortly afterwards the Hon’ble MP for Kolkata Dakshin, Km Mamata Banerjee, started her protest fast, riveting the nation’s attention in the winter of 2006-2007. What goes for government buying land on behalf of its businessman friends also goes, mutatis mutandis, for the public sector’s real assets being bought up by the private sector using domestic paper money in a potentially hyperinflationary economy. If your new Government wishes to see real assets of the public sector being sold for paper money, let it seek to value these assets not in inconvertible rupees that Government itself has been producing in unlimited quantities but perhaps in forex or gold-units instead!

 

 

In the 2004-2005 volume Margaret Thatcher’s Revolution: How it Happened and What it Meant, edited by myself and Professor John Clarke, there is a chapter by Professor Patrick Minford on Margaret Thatcher’s fiscal and monetary policy (macroeconomics) that was placed ahead of the chapter by Professor Martin Ricketts on Margaret Thatcher’s privatisation (microeconomics). India’s fiscal and monetary or macroeconomic problems are far worse today than Britain’s were when Margaret Thatcher came to power. We need to get our macroeconomic problems sorted before we attempt the  microeconomic privatisation of public assets.

 

It is wonderful that your young party colleague, the Hon’ble MP from Amethi, Shri Rahul Gandhi, has declined to join the present Government and instead wishes to reflect further on the “common man” and “common woman” about whom I had described his late father talking to me on September 18 1990. Certainly the aam admi is not someone to be found among India’s lobbyists of organised Big Business or organised Big Labour who have tended to control government agendas from the big cities.

 

With my warmest personal regards and respect, I remain,

Cordially yours

Subroto Roy, PhD (Cantab.), BScEcon (London)

 

see also https://independentindian.com/thoughts-words-deeds-my-work-1973-2010/rajiv-gandhi-and-the-origins-of-indias-1991-economic-reform/did-jagdish-bhagwati-originate-pioneer-intellectually-father-indias-1991-economic-reform-did-manmohan-singh-or-did-i-through-my-e/

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Politics can be so entertaining :) Manmohan versus Sonia on the poor old CPI(M)!

My January 14 2007 article “On Land-Grabbing” started by saying:

“AT a business meet on 12 January 2005, Dr Manmohan Singh showered fulsome praise on Buddhadeb Bhattacharjee as “dynamic”, “the Nation’s Best Chief Minister”, whose “wit and wisdom”, “qualities of head and heart”, “courage of conviction and passionate commitment to the cause of the working people of India” he admired, saying “with Buddhadeb Babu at the helm of affairs it appears Bengal is once again forging ahead… If today there is a meeting of minds between Delhi and Kolkata, it is because the ideas that I and Buddhadebji represent have captured the minds of the people of India. This is the idea of growth with equity and social justice, the idea that economic liberalization and modernization have to be mindful of the needs of the poor and the marginalized.”  With such support of a Congress Prime Minister (as well as proximity to Pranab Mukherjee), Mr Bhattacharjee could hardly have feared the local Congress and Trinamul would pose any threat in the 2006 Assembly Elections despite having more potential voters between them than the CPI-M.  Dr Singh returned to the “needs of the poor and the marginalized” at another business meet on 8 January 2007 promising to “unveil a new Rehabilitation Policy in three months to increase the pace of industrialisation” which would be “more progressive, humane and conducive to the long-term welfare of all stakeholders”, while his businessman host pointedly stated about Singur “land for industry must be made available to move the Indian manufacturing sector ahead”.   The “meeting of minds between Delhi and Kolkata” seems to be that agriculture allegedly has become a relatively backward slow-growing sector deserving to yield in the purported larger national interest to industry and services: what the PM means by “long-term welfare of all stakeholders” is the same as the new CPI-M party-line that the sons of farmers should not remain farmers (but become automobile technicians or IT workers or restaurant waiters instead).  It is a political viewpoint coinciding with interests of organised capital and industrial labour in India today, as represented by business lobbies like CII, FICCI and Assocham on one hand, and unions like CITU and INTUC on the other. Business Standard succinctly (and ominously) advocated this point of view in its lead editorial of 9 January as follows: “it has to be recognised that the world over capitalism has progressed only with the landed becoming landless and getting absorbed in the industrial/service sector labour force ~ indeed it is obvious that if people don’t get off the land, their incomes will rise only slowly”. “

I went on to say

“Land is the first and ultimate means of production, and the attack of the powerful on land-holdings or land-rights of the unorganised or powerless has been a worldwide phenomenon ~ across both capitalism and communism.”

It is interesting and amusing to see today’s newspapers report that the person who appointed Dr Manmohan Singh to be India’s PM, namely Sonia Gandhi,  has taken a  180-degree turn on this subject while sitting beside Mamata Banerjee yesterday.

She apparently said:  “I am happy so be sharing the  dais with Mamata Banerjee once again….in Nandigram and Singur the State Government had unleashed dictatorship in the garb of democracy… . In the name of development (the CPI(M)) created terror in Nandigram and Singur.  In the name of development, they snatched the land from the poor people there.”

Now what is the poor old CPI(M) to think after all this! Politics can be so  entertaining.  😀

Subroto Roy

Progress! The BBC retracts its prevarication!

I have over several months had to severely criticize an institution I would much rather have not, namely the BBC.  This had to do with pointing out that the BBC, probably under influence of its Pakistani staffers, had been deliberately distorting the history and geography of the subcontinent by portraying maps of India with Jammu & Kashmir entirely lopped off.

Imagine my surprise some minutes ago to see there seems to have been some real impact!

A few days ago, in a Damian Gramaticas story from a Gurgaon shopping-mall, a map of India was shown again with J&K lopped off — these people are hopeless, I felt. But then, wait, the next day there was a map of Pakistan too shown by the same BBC, with areas of Pakistani Jammu & Kashmir also not shown as part of it.  Hmmmm, I thought, something’s going on at least within the BBC and some little bureaucratic debate must be taking place across a table somewhere by which some bureaucratic committee has finally decided that Jammu & Kashmir is going to be lopped off all BBC maps of both India and Pakistan in the BBC’s own new version of history and geography. At least that meant the Pakistani moles within the organisation were not going  wholly unanswered (or that they were left satisfied with some kind of JKLF ideology).

And finally this morning, twenty minutes ago, success! There was another report by the same Mr Gramaticas allowing an Indian politician to get on with some spin, but wait, what preceded all this waffle? A map of India with J&K on the Indian side of the Line of Control within India — and perhaps even Aksai Chin on the other side of the Line of Actual Control with China too!

Hurray!

I had sent an email about all this to the nice man who is presently the UK’s diplomat in Kolkata (far nicer than his immediate predecessors). Perhaps someone at the British Foreign Office had finally picked up the phone and said to the bureaucrats at the BBC “Now now, look ye here, if the UK Government and the European Union recognize Indian de facto and de jure sovereignty in a certain manner in Jammu & Kashmir,  corresponding to the LOC and LAC, you had better do so too, it seems to us, as you are a public British broadcaster and  cannot really go about inventing your own history and geography as you please, no matter how badly you might want to.   We don’t want to see you being asked  by the Indians to pack your bags and leave after all, do we? Indians are rather sensitive about this whole Kashmir thing, or didn’t you know?”.

Anyway, BBC, however this has happened, well done with your progress, may you maintain it consistently and not retrogress backwards.

Subroto Roy

How to solve Kashmir (2009)

see

https://independentindian.com/2015/03/03/pakistans-indias-illusions-of-power-psychosis-vs-vanity/

https://independentindian.com/2011/10/13/my-seventy-one-notes-at-facebook-etc-on-kashmir-pakistan-and-of-course-india-listed-thanks-to-jd/

Also

from Jan 2009
It is excellent news Omar Abdullah has become the constitutionally elected Head of Government of the great Indian state of Jammu & Kashmir after a historic vote.  I had the privilege of meeting his esteemed father briefly once on 23 March 1991 at the residence of the late Rajiv Gandhi though it would be understandable if he did not recall it.  Farooq Abdullah’s father Sheikh Abdullah was not merely a Lion of Kashmir but a genuine hero of Indian history, a true Bharat Ratna, someone whose commitment to constitutional principles of law and politics I admire more and more as I learn more of it…

The purpose of this open letter is to describe the broad path I believe to be the only just and lawful one available to the resolution of what has been known universally as the Kashmir problem.

Very briefly, it involves recognizing that the question of lawful territorial sovereignty in J&K is logically distinct from the question of the choice of nationality by individual inhabitants.  The solution requires

(a)    acknowledging that the original entity in the world system known as Jammu & Kashmir arising on March 16 1846 ceased to exist on or about October 22 1947, and that the military contest that commenced on the latter date has resulted in fact, given all particular circumstances of history, in the lawful and just outcome in international law;
(b)    offering all who may be Indian nationals or stateless and who presently live under Article 370, a formal choice of nationality between the Republics of India, Iran, Afghanistan and Pakistan: citizen-by-citizen, without fear or favour, under conditions of full information, individual privacy and security; any persons who voluntarily choose to renounce Indian nationality in such private individual decisions would be nevertheless granted lawful permanent residence in the Indian Republic and J&K in particular.

In other words, the dismemberment of the original J&K State and annexation of its territories by the entities known today as the Republic of Pakistan and Republic of India  that occurred since October 22 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 has to do with free individual choice of nationality by 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 might wish to choose, for deeply personal individual reasons, not to remain Indian nationals but become Afghan, Iranian or Pakistani nationals instead (or remain stateless).   Pakistan has said frequently its sole concern has been the freedom of 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 resolved most appropriately. Pakistan and India are both 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 over decades by the deleterious draining away of vast public resources.

The full reasoning underlying this solution, which I believe to be the only lawful, just, efficient and stable solution that exists, is thoroughly explained in the following five  articles. The first four, “Solving Kashmir”, “Law, Justice & J&K”, “History of J&K”, and “Pakistan’s Allies”, were published in The Statesman in 2005-2006 and are marked ONE, TWO, THREE, and FOUR below, and are also available elsewhere here.  The fifth “An Indian Reply to President Zardari”, marked FIVE, was published for the first time here following the Mumbai massacres.  I believe careful reflection upon this entire body of reasoning may lead all reasonable men and women to a practically unanimous consensus about this as the appropriate course of action; if such a consensus happened to arise, the implementation of the solution shall only be a matter of relatively uncomplicated procedural detail.

Subroto Roy
January 7 2009

“ONE
SOLVING KASHMIR: ON AN APPLICATION OF REASON by Subroto Roy First published in three parts in The Statesman, Editorial Page Special Article, December 1,2,3 2005, http://www.thestatesman.net

(This article has its origins in a paper “Towards an Economic Solution for Kashmir” which circulated in Washington DC in 1992-1995, including at the Indian and Pakistani embassies and the Carnegie Endowment, and was given as an invited lecture at the Heritage Foundation on June 23 1998. It should be read along with other articles also republished here, especially “History of J&K”, “Law, Justice and J&K” , “Understanding Pakistan”, “Pakistan’s Allies” and “What to Tell Musharraf”. The Washington paper and lecture itself originated from my ideas in the Introduction to Foundations of Pakistan’s Political Economy, edited by WE James and myself in the University of Hawaii project on Pakistan 1986-1992.)

I. Give Indian `Green Cards’ to the Hurriyat et al
India, being a liberal democracy in its constitutional law, cannot do in Jammu & Kashmir what Czechoslovakia did to the “Sudeten Germans” after World War II. On June 18 1945 the new Czechoslovakia announced those Germans and Magyars within their borders who could not prove they had been actively anti-fascist before or during the War would be expelled — the burden of proof was placed on the individual, not the State. Czechoslovakia “transferring” this population was approved by the Heads of the USA, UK and USSR Governments at Potsdam on August 2 1945. By the end of 1946, upto two million Sudeten Germans were forced to flee their homes; thousands may have died by massacre or otherwise; 165,000 remained who were absorbed as Czechoslovak citizens. Among those expelled were doubtless many who had supported Germany and many others who had not — the latter to this day seek justice or even an apology in vain. Czechoslovakia punished none of its nationals for atrocities, saying it had been revenge for Hitler’s evil (”badla” in Bollywood terms) and the post Cold War Czech Government too has declined to render an apology. Revenge is a wild kind of justice (while justice may be a civilised kind of revenge).

India cannot follow this savage precedent in international law. Yet we must recognise there are several hundred and up to several hundred thousand persons on our side of the boundary in the State of Jammu & Kashmir who do not wish to be Indian nationals. These people are presently our nationals ius soli, having been born in territory of the Indian Republic, and/or ius sanguinis, having been born of parents who are Indian nationals; or they may be “stateless” whom we must treat in accordance with the 1954 Convention on Stateless Persons. The fact is they may not wish to carry Indian passports or be Indian nationals.

In this respect their juridical persons resemble the few million “elite” Indians who have in the last few decades freely placed their hands on their hearts and solemnly renounced their Indian nationality, declaring instead their individual fidelity to other nation-states — becoming American, Canadian or Australian citizens, or British subjects or nationals of other countries. Such people include tens of thousands of the adult children of India’s metropolitan “elite”, who are annually visited abroad in the hot summer months by their Indian parents and relatives. They are daughters and sons of New Delhi’s Government and Opposition, of retired generals, air marshals, admirals, ambassadors, cabinet secretaries, public sector bureaucrats, private sector businessmen, university professors, journalists, doctors and many others. India’s most popular film-actress exemplified this “elite” capital-flight when, after a tireless search, she chose a foreign husband and moved to California.

The difference in Jammu & Kashmir would be that those wishing to renounce Indian nationality do not wish to move to any other place but to stay as and where they are, which is in Kashmir Valley or Jammu. Furthermore, they may wish, for whatever reason, to adopt, if they are eligible to do so, the nationality of e.g. the Islamic Republic of Afghanistan or the Islamic Republic of Iran or the Islamic Republic of Pakistan.

They may believe themselves descended from Ahmad Shah Abdali whose Afghans ruled or mis-ruled Kashmir Valley before being defeated by Ranjit Singh’s Sikhs in 1819. Or they may believe themselves of Iranian descent as, for example, are the Kashmiri cousins of the late Ayatollah Khomeini. Or they may simply have wished to be, or are descended from persons who had wished to be on October 26 1947, citizens of the then-new British Dominion of Pakistan — but who came to be prevented from properly expressing such a desire because of the war-like conditions that have prevailed ever since between India and Pakistan. There may be even a few persons in Laddakh who are today Indian nationals but who wish to be considered Tibetans instead; there is, however, no Tibetan Republic and it does not appear there is going to be one.

India, being a free and self-confident country, should allow, in a systematic lawful manner, all such persons to fulfil their desires, and furthermore, should ensure they are not penalised for having expressed such “anti-national” desires or for having acted upon them. Sir Mark Tully, the British journalist, is an example of someone who has been a foreign national who has chosen to reside permanently in the Republic of India — indeed he has been an exemplary permanent resident of our country. There are many others like him. There is no logical reason why all those persons in Jammu & Kashmir who do wish not to be Indians by nationality cannot receive the same legal status from the Indian Republic as has been granted to Sir Mark Tully. There are already thousands of Sri Lankan, Bangladeshi and Nepalese nationals who are lawful permanent residents in the Indian Republic, and who travel back and forth between India and their home countries. There is no logical reason why the same could not be extended to several hundred or numerous thousand people in Jammu & Kashmir who may wish to not accept or to renounce their Indian nationality (for whatever personal reason) and instead become nationals, if they are so eligible, of the Islamic Republics of Afghanistan, Iran or Pakistan, or, for that matter, to remain stateless. On the one hand, their renunciation of Indian nationality is logically equivalent to the renunciation of Indian nationality by the adult children of India’s “elite” settled in North America and Western Europe. On the other hand, their wish to adopt, if they are eligible, a foreign nationality, such as that of Afghanistan, Iran or Pakistan, and yet remain domiciled in Indian territory is logically equivalent to that of many foreign nationals domiciled in India already like Sir Mark Tully.

Now if you are a permanent resident of some country, you may legally have many, perhaps most, but certainly not all the rights and duties of nationals of that country. e.g., though you will have to pay all the same taxes, you may not be allowed to (or be required to) vote in national or provincial elections but you may in local municipal elections. At the same time, permanently residing foreign nationals are supposed to be equal under the law and have equal access to all processes of civil and criminal justice. (As may be expected though from human frailty, even the federal courts of the USA can be notorious in their injustice and racism towards “Green Card” holders relative to “full” American citizens.) Then again, as a permanently resident foreigner, while you will be free to work in any lawful trade or profession, you may not be allowed to work in some or perhaps any Government agencies, certainly not the armed forces or the police. Many Indians in the USA were engineering graduates, and because many engineering jobs or contracts in the USA are related to the US armed forces and require US citizens only, it is commonplace for Indian engineers to renounce their Indian nationality and become Americans because of this. Many Indian-American families have one member who is American, another Indian, a third maybe Canadian, a fourth Fijian or British etc.

The same can happen in the Indian State of Jammu & Kashmir if it evolves peacefully and correctly in the future. It is quite possible to imagine a productive family in a peaceful Kashmir Valley of the future where one brother is an officer in the Indian Armed Forces, another brother a civil servant and a sister a police officer of the J&K State Government, another sister being a Pakistani doctor, while cousins are Afghan or Iranian or “stateless” businessmen. Each family-member would have made his/her choice of nationality as an individual given the circumstances of his/her life, his/her personal comprehension of the facts of history, his/her personal political and/or religious persuasions, and similar deeply private considerations. All would have their children going to Indian schools and being Indian citizens ius soli and/or ius sanguinis. When the children grow up, they would be free to join, if they wished, the existing capital flight of other Indian adult children abroad and there renounce their Indian nationality as many have come to do.

II Revealing Choices Privately with Full Information
For India to implement such a proposal would be to provide an opportunity for all those domiciled in Kashmir Valley, Jammu and Laddakh to express freely and privately as individuals their deepest wishes about their own identities, in a confidential manner, citizen by citizen, case by case. This would thereby solve the fundamental democratic problem that has been faced ever since the Pakistani attack on the original State of Jammu & Kashmir commenced on October 22 1947, which came to be followed by the Rape of Baramulla — causing the formal accession of the State to the then-new Dominion of India on October 26 1947.

A period of, say, 30 months may be announced by the Government of India during which full information would be provided to all citizens affected by this change, i.e. all those presently governed by Article 370 of the Indian Constitution. The condition of full information may include, for example, easy access to Afghan, Iranian and Pakistani newspapers in addition to access to Indian media. Each such person wishing to either remain with Indian nationality (by explicitly requesting an Indian passport if he/she does not have one already — and such passports can be printed in Kashmiri and Urdu too), or to renounce Indian nationality and either remain stateless or adopt, if he/she is so eligible, the nationality of e.g. Afghanistan, Iran, or Pakistan, should be administratively assisted by the Government of India to make that choice.

In particular, he/she should be individually, confidentially, and without fear or favour assured and informed of his/her new rights and responsibilities. For example, a resident of Kashmir Valley who chooses to become a Pakistani citizen, such as Mr Geelani, would now enjoy the same rights and responsibilities in the Indian Republic that Mr Tully enjoys, and at the same time no longer require a visa to visit Pakistan just as Mr Tully needs no visa to enter Britain. In case individual participants in the Hurriyat choose to renounce Indian nationality and adopt some other, they would no longer be able to legally participate in Indian national elections or J&K’s State elections. That is something which they say they do not wish to do in any case. Those members of the Hurriyat who chose e.g. Pakistani nationality while still residing in Jammu & Kashmir, would be free to send postal ballots or cross the border and vote in Pakistan’s elections if and when these occur. There are many Canadians who live permanently in the USA who cross home to Canada in order to cast a ballot.

After the period of 30 months, every person presently under Article 370 of the Indian Constitution would have received a full and fair opportunity to privately and confidentially reveal his/her preference or choice under conditions of full information. “Partition”, “Plebiscite”, and “Military Decision” have been the three alternatives under discussion ever since the National Conference of Sheikh Mohammad Abdullah and his then-loyal Deputy, Bakshi Ghulam Mohammad, helped the Indian Army and Air Force in 1947-1948 fight off the savage attack against Jammu & Kashmir State that had commenced from Pakistan on October 22 1947. When, during the Pakistani attack, the Sheikh and Bakshi agreed to the Muslim Conference’s demand for a plebiscite among the people, the Pakistanis balked — the Sheikh and Bakshi then withdrew their offer and decisively and irrevocably chose to accede to the Indian Union. The people of Jammu & Kashmir, like any other, are now bound by the sovereign political commitments made by their forebears. Even so, given the painful mortal facts of the several decades since, the solution here proposed if properly implemented would be an incomparably more thorough democratic exercise than any conceivable plebiscite could ever have been.

Furthermore, regardless of the outcome, it would not entail any further “Partition” or population “transfer” which inevitably would degenerate into a savage balkanization, and has been ruled out as an unacceptable “deal-breaker” by the Indian Republic. Instead, every individual person would have been required, in a private and confidential decision-making process, to have chosen a nationality or to remain stateless — resulting in a multitude of cosmopolitan families in Jammu & Kashmir. But that is something commonplace in the modern world. Properly understood and properly implemented, we shall have resolved the great mortal problem we have faced for more than half a century, and Jammu & Kashmir can finally settle into a period of peace and prosperity. The boundary between India and Pakistan would have been settled by the third alternative mentioned at the time, namely, “Military Decision”.

III. Of Flags and Consulates in Srinagar and Gilgit
Pakistan has demanded its flag fly in Srinagar. This too can happen though not in the way Pakistan has been wishing to see it happen. A Pakistan flag might fly in the Valley just as might an Afghan and Iranian flag as well. Pakistan has wished its flag to fly as the sovereign over Jammu & Kashmir. That is not possible. The best and most just outcome is for the Pakistani flag to fly over a recognised Pakistani consular or visa office in Srinagar, Jammu and Leh. In diplomatic exchange, the Indian tricolour would have to fly over a recognised Indian consular or visa office in Muzaffarabad, Gilgit and Skardu.

Pakistan also may have to act equivalently with respect to the original inhabitants of the territory of Jammu & Kashmir that it has been controlling — allowing those people to become Indian nationals if they so chose to do in free private decisions under conditions of full information. In other words, the “Military Decision” that defines the present boundary between sovereign states must be recognised by Pakistan sincerely and permanently in a Treaty relationship with India — and all of Pakistan’s official and unofficial protégés like the Hurriyat and the “United Jehad Council” would have to do the same. Without such a sovereign commitment from the Government of Pakistan, as shown by decisive actions of lack of aggressive intent (e.g. as came to be implemented between the USA and USSR), the Government of India has no need to involve the Government of Pakistan in implementing the solution of enhancing free individual choice of nationality with regard to all persons on our side of the boundary.

The “Military Decision” regarding the sovereign boundary in Jammu & Kashmir will be so recognised by all only if it is the universally just outcome in international law. And that in fact is what it is.

The original Jammu & Kashmir State began its existence as an entity in international law long before the present Republics of India and Pakistan ever did. Pakistan commences as an entity on August 14 1947; India commences as an entity of international law with its signing of the Treaty of Versailles on June 20 1918. Jammu & Kashmir began as an entity on March 16 1846 — when the Treaty of Amritsar was signed between Gulab Singh Dogra and the British, one week after the Treaty of Lahore between the British and the defeated Sikh regency of the child Daleep Singh.

Liaquat Ali Khan and Zafrullah Khan both formally challenged on Pakistan’s behalf the legitimacy of Dogra rule in Jammu & Kashmir since the Treaty of Amritsar. The Pakistani Mission to the UN does so even today. The Pakistanis were following Sheikh Abdullah and Jawaharlal Nehru himself, who too had at one point challenged Dogra legitimacy in the past. But though the form of words of the Pakistan Government and the Nehru-Abdullah position were similar in their attacks on the Treaty of Amritsar, their underlying substantive reasons were as different as chalk from cheese. The Pakistanis attacked the Dogra dynasty for being Dogra — i.e. because they were Hindus and not Muslims governing a Muslim majority. Nehru and Abdullah denounced monarchic autocracy in favour of mass democracy, and so attacked the Dogra dynasty for being a dynasty. All were wrong to think the Treaty of Amritsar anything but a lawful treaty in international law.

Furthermore, in this sombre political game of great mortal consequence, there were also two other parties who were, or appeared to be, in favour of the dynasty: one because the dynasty was non-Muslim, the other, despite it being so. Non-Muslim minorities like many Hindus and Sikhs in the business and governmental classes, saw the Dogra dynasty as their protector against a feared communalist tyranny arising from the Sunni Muslim masses of Srinagar Valley, whom Abdullah’s rhetoric at Friday prayer-meetings had been inciting or at least awakening from slumber. At the same time, the communalists of the Muslim Conference who had broken away from Abdullah’s secular National Conference, sought political advantage over Abdullah by declaring themselves in favour of keeping the dynasty — even elevating it to become an international sovereign, thus flattering the already pretentious potentate that he would be called “His Majesty” instead of merely “His Highness”. The ancestry of today’s Hurriyat’s demands for an independent Jammu & Kashmir may be traced precisely to those May 21-22 1947 declarations of the Muslim Conference leader, Hamidullah Khan.

Into this game stumbled the British with all the mix of cunning, indifference, good will, impatience, arrogance and pomposity that marked their rule in India. At the behest of the so-called “Native Princes”, the 1929 Butler Commission had hinted that the relationship of “Indian India” to the British sovereign was conceptually different from that of “British India” to the British sovereign. This view was adopted in the Cabinet Mission’s 12 May 1946 Memorandum which in turn came to be applied by Attlee and Mountbatten in their unseemly rush to “Divide and Quit” India in the summer of 1947.

It created the pure legal illusion that there was such a thing as “Lapse of Paramountcy” at which Jammu & Kashmir or any other “Native State” of “Indian India” could conceivably, even for a moment, become a sovereign enjoying the comity of nations — contradicting Britain’s own position that only two Dominions, India and Pakistan, could ever be members of the British Commonwealth and hence members of the newly created UN. British pusillanimity towards Jammu & Kashmir’s Ruler had even extended to making him a nominal member of Churchill’s War Cabinet because he had sent troops to fight in Burma. But the legal illusion had come about because of a catastrophic misunderstanding on the part of the British of their own constitutional law.

The only legal scholar who saw this was B R Ambedkar in a lonely and brilliant technical analysis released to the press on June 17 1947. No “Lapse of Paramountcy” over the “Native Princes” of Indian India could occur in constitutional law. Paramountcy over Indian India would be automatically inherited by the successor state of British India at the Transfer of Power. That successor state was the new British Dominion of India as well as (when it came to be finalised by Partition from India) the new British Dominion of Pakistan (Postscript: the deleted words represent a mistake made in the original paper, corrected in “Law, Justice & J&K” in view of the fact the UN  in 1947 deemed  India alone the successor state of British India and Pakistan a new state in the world system).  A former “Native Prince” could only choose to which Dominion he would go. No other alternative existed even for a single logical moment. Because the British had catastrophically failed to comprehend this aspect of their own constitutional law, they created a legal vacuum whereby between August 15 and October 22-26 1947, Jammu & Kashmir became a local and temporary sovereign recognised only by the Dominion of Pakistan (until October 22) and the Dominion of India (until October 26). But it was not a globally recognised sovereign and was never going to be such in international law. This was further proved by Attlee refusing to answer the J&K Prime Minister’s October 18 1947 telegram.

All ambiguity came to end with the Pakistani attack of October 22 1947, the Rape of Baramulla, the secession of an “Azad Kashmir”declared by Sardar Ibrahim, and the Pakistani coup détat in Gilgit on October 31 1947 followed by the massacre of Sikh soldiers of the J&K Army at Bunji. With those Pakistani actions, Gulab Singh’s Jammu & Kashmir State, founded on March 16 1846 by the Treaty of Amritsar, ceased to logically exist as an entity in international law and fell into a state of ownerless anarchy. The conflict between Ibrahim’s Muslim communalists backed by the new Dominion of Pakistan and Abdullah’s secularists backed by the new Dominion of India had become a civil war within a larger intra-Commonwealth war that itself was almost a civil war between forces of the same military.

Jammu & Kashmir territory had become ownerless. The Roman Law which is at the root of all municipal and international law in the world today would declare that in the ownership of such an ownerless entity, a “Military Decision” was indeed the just outcome. Sovereignty over the land, waters, forests and other actual and potential resources of the erstwhile State of Jammu & Kashmir has become divided by “Military Decision” between the modern Republics of India and Pakistan. By the proposal made herein, the people and their descendants shall have chosen their nationality and their domicile freely across the sovereign boundary that has come to result.

TWO
LAW, JUSTICE AND J&K by Subroto Roy First published in two parts in The Sunday Statesman, July 2 2006 and The Statesman July 3 2006 http://www.thestatesman.net Editorial Page Special Article

I.
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.”

Legal theory
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.

Roman law
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.

THREE
HISTORY OF JAMMU & KASHMIR by Subroto Roy  First published in two parts in The Sunday Statesman, Oct 29 2006 and The Statesman Oct 30 2006, Editorial Page Special Article, http://www.thestatesman.net

At the advent of Islam in distant Arabia, India and Kashmir in particular were being visited by Chinese Buddhist pilgrims during Harsha’s reign. The great “Master of Law” Hiuen Tsiang visited between 629-645 and spent 631-633 in Kashmir (”Kia-chi-mi-lo”), describing it to include Punjab, Kabul and Kandahar. Over the next dozen centuries, Buddhist, Hindu, Muslim, Sikh and again Hindu monarchs came to rule the 85 mile long 40 mile wide territory on the River Jhelum’s upper course known as Srinagar Valley, as well as its adjoining Jammu in the upper plains of the Punjab and “Little Tibet” consisting of Laddakh, Baltistan and Gilgit.

In 1344, a Persian adventurer from Swat or Khorasan by name of Amir or Mirza, who had “found his way into the Valley and in time gained great influence at the Raja’s court”, proclaimed himself Sultan Shamsuddin after the death of the last Hindu monarchs of medieval Kashmir. Twelve of his descendants formed the Shamiri dynasty including the notorious Sikander and the just and tolerant Zainulabidin. Sikander who ruled 1386-1410 “submitted himself” to the Uzbek Taimur the Lame when he approached Kashmir in 1398 “and thus saved the country from invasion”. Otherwise, “Sikander was a gloomy ferocious bigot, and his zeal in destroying temples and idols was so intense that he is remembered as the Idol-Breaker. He freely used the sword to propagate Islam and succeeded in forcing the bulk of the population to conform outwardly to the Muslim religion. Most of the Brahmins refused to apostatise, and many of them paid with their lives the penalty for their steadfastness. Many others were exiled, and only a few conformed.”

Zainulabidin who ruled 1417-1467 “was a man of very different type”. “He adopted the policy of universal toleration, recalled the exiled Brahmins, repealed the jizya or poll-tax on Hindus, and even permitted new temples to be built. He abstained from eating flesh, prohibited the slaughter of kine, and was justly venerated as a saint. He encouraged literature, painting and music, and caused many translations to be made of works composed in Sanskrit, Arabic and other languages.” During his “long and prosperous reign”, he “constructed canals and built many mosques; he was just and tolerant”.

The Shamiri dynasty ended in 1541 when “some fugitive chiefs of the two local factions of the Makri and the Chakk invited Mirza Haidar Dughlat, a relation of Babar, to invade Kashmir. The country was conquered and the Mirza held it (nominally in name of Humayan) till 1551, when he was killed in a skirmish. The line… was restored for a few years, until in 1559 a Chakk leader, Ghazi Shah, usurped the throne; and in the possession of his descendants it remained for nearly thirty years.” This dynasty marks the origins of Shia Islam in Srinagar though Shia influence in Gilgit, Baltistan and Laddakh was of longer standing. Constant dissensions weakened the Chakks, and in 1586, Akbar, then at Attock on the Indus, sent an army under Raja Bhagwan Das into Srinagar Valley and easily made it part of his Empire.

Shivaism and Islam both flourished, and Hindu ascetics and Sufi saints were revered by all. Far from Muslims and Hindus forming distinct nations, here they were genetically related kinsmen living in proximity in a small isolated area for centuries. Indeed Zainulabidin may have had a vast unspoken influence on the history of all India insofar as Akbar sought to attempt in his empire what Zainulabidin achieved in the Valley. Like Zainulabidin, Akbar’s governance of India had as its “constant aim” “to conciliate the Hindus and to repress Muslim bigotry” which in modern political parlance may be seen as the principle of secular governance ~ of conciliating the powerless (whether majority or minority) and repressing the bigotry of the powerful (whether minority or majority). Akbar had made the Valley the summer residence of the Mughals, and it was Jahangir, seeing the Valley for the first time, who apparently said the words agar behest baushad, hamee in hast, hamee in hast, hamee in hast: “if Heaven exists, it is here, it is here, it is here”. Yet like other isolated paradises (such as the idyllic islands of the Pacific Ocean) an accursed mental ether can accompany the magnificent beauty of people’s surroundings. As the historian put it: “The Kashmiris remained secure in their inaccessible Valley; but they were given up to internal weakness and discord, their political importance was gone…”

After the Mughals collapsed, Iran’s Turkish ruler Nadir Shah sacked Delhi in 1739 but the Iranian court fell in disarray upon his death. In 1747 a jirga of Pashtun tribes at Kandahar “broke normal tradition” and asked an old Punjabi holy man and shrine-keeper to choose between two leaders; this man placed young wheat in the hand of the 25 year old Ahmed Shah Saddozai of the Abdali tribe, and titled him “Durrani”. Five years later, Durrani took Kashmir and for the next 67 years the Valley was under Pashtun rule, a time of “unmitigated brutality and widespread distress”. Durrani himself “was wise, prudent and simple”, never declared himself king and wore no crown, instead keeping a stick of young wheat in his turban. Leaving India, he famously recited: “The Delhi throne is beautiful indeed, but does it compare with the mountains of Kandahar?”

Kashmir’s modern history begins with Ranjit Singh of the Sikhs who became a soldier at 12, and in 1799 at age 19 was made Lahore’s Governor by Kabul’s Zaman Shah. Three years later “he made himself master of Amritsar”, and in 1806 crossed the River Sutlej and took Ludhiana. He created a fine Sikh infantry and cavalry under former officers of Napoleon, and with 80,000 trained men and 500 guns took Multan and Peshawar, defeated the Pashtuns and overran Kashmir in 1819. The “cruel rule” of the Pashtuns ended “to the great relief of Kashmir’s inhabitants”.

The British Governor-General Minto (ancestor of the later Viceroy), seeing advantage in the Sikhs staying north of the Sutlej, sent Charles Metcalfe, “a clever young civilian”, to persuade the Khalsa; in 1809, Ranjit Singh and the British in the first Treaty of Amritsar agreed to establish “perpetual amity”: the British would “have no concern” north of the Sutlej and Ranjit Singh would keep only minor personnel south of it. In 1834 and 1838 Ranjit Singh was struck by paralysis and died in 1839, leaving no competent heir. The Sikh polity collapsed, “their power exploded, disappearing in fierce but fast flames”. It was “a period of storm and anarchy in which assassination was the rule” and the legitimate line of his son and grandson, Kharak Singh and Nao Nihal Singh was quickly extinguished. In 1845 the Queen Regent, mother of the five-year old Dalip Singh, agreed to the Khalsa ending the 1809 Treaty. After bitter battles that might have gone either way, the Khalsa lost at Sobraon on 10 February 1846, and accepted terms of surrender in the 9 March 1846 Treaty of Lahore. The kingdom had not long survived its founder: “created by the military and administrative genius of one man, it crumbled into powder when the spirit which gave it life was withdrawn; and the inheritance of the Khalsa passed into the hands of the English.”

Ranjit Singh’s influence on modern J&K was even greater through his having mentored the Rajput Gulab Singh Dogra (1792-1857) and his brothers Dhyan Singh and Suchet Singh. Jammu had been ruled by Ranjit Deo until 1780 when the Sikhs made it tributary to the Lahore Court. Gulab Singh, a great grand nephew of Ranjit Deo, had left home at age 17 in search of a soldierly fortune, and ended up in 1809 in Ranjit Singh’s army, just when Ranjit Singh had acquired for himself a free hand to expand his domains north of the River Sutlej.

Gulab Singh, an intrepid soldier, by 1820 had Jammu conferred upon him by Ranjit Singh with the title of Raja, while Bhimber, Chibal, Poonch and Ramnagar went to his brothers. Gulab Singh, “often unscrupulous and cruel, was a man of considerable ability and efficiency”; he “found his small kingdom a troublesome charge but after ten years of constant struggles he and his two brothers became masters of most of the country between Kashmir and the Punjab”, though Srinagar Valley itself remained under a separate Governor appointed by the Lahore Court. Gulab Singh extended Jammu’s rule from Rawalpindi, Bhimber, Rajouri, Bhadarwah and Kishtwar, across Laddakh and into Tibet. His General Zorawar Singh led six expeditions into Laddakh between 1834 and 1841 through Kishtwar, Padar and Zanskar. In May 1841, Zorawar left Leh with an army of 5000 Dogras and Laddakhis and advanced on Tibet. Defeating the Tibetans at Rudok and Tashigong, he reached Minsar near Lake Mansarovar from where he advanced to Taklakot (Purang), 15 miles from the borders of Nepal and Kumaon, and built a fort stopping for the winter. Lhasa sent large re-inforcements to meet him. Zorawar, deciding to take the offensive, was killed in the Battle of Toyu, on 11-12 December 1841 at 16,000 feet.

A Laddakhi rebellion resulted against Jammu, aided now by the advancing Tibetans. A new army was sent under Hari Chand suppressing the rebellion and throwing back the Tibetans, leading to a peace treaty between Lhasa and Jammu signed on 17 September 1842: “We have agreed that we have no ill-feelings because of the past war. The two kings will henceforth remain friends forever. The relationship between Maharajah Gulab Singh of Kashmir and the Lama Guru of Lhasa (Dalai Lama) is now established. The Maharajah Sahib, with God (Kunchok) as his witness, promises to recognise ancient boundaries, which should be looked after by each side without resorting to warfare. When the descendants of the early kings, who fled from Laddakh to Tibet, now return they will not be stopped by Shri Maharajah. Trade between Laddakh and Tibet will continue as usual. Tibetan government traders coming into Laddakh will receive free transport and accommodations as before, and the Laddakhi envoy will, in turn, receive the same facilities in Lhasa. The Laddakhis take an oath before God (Kunchok) that they will not intrigue or create new troubles in Tibetan territory. We have agreed, with God as witness, that Shri Maharajah Sahib and the Lama Guru of Lhasa will live together as members of the same household.” The traditional boundary between Laddakh and Tibet “as recognised by both sides since olden times” was accepted by the envoys of Gulab Singh and the Dalai Lama.

An earlier 1684 treaty between Laddakh and Lhasa had said that while Laddakh would send tribute to Lhasa every three years, “the king of Laddakh reserves to himself the village of Minsar in Ngarees-khor-sum, that he may be independent there; and he sets aside its revenue for the purpose of meeting the expense involved in keeping up the sacrificial lights at Kangree (Kailas), and the Holy Lakes of Mansarovar and Rakas Tal”. The area around Minsar village near Lake Mansarovar, held by the rulers of Laddakh since 1583, was retained by Jammu in the 1842 peace-treaty, and its revenue was received by J&K State until 1948.

After Ranjit Singh’s death in 1839, Gulab Singh was alienated from the Lahore Court where the rise of his brothers and a nephew aroused enough Khalsa jealousy to see them assassinated in palace intrigues. While the Sikhs imploded, Gulab Singh had expanded his own dominion from Rawalpindi to Minsar ~ everywhere except Srinagar Valley itself. He had apparently advised the Sikhs not to attack the British in breach of the 1809 Treaty, and when they did so he had not joined them, though had he done so British power in North India might have been broken. The British were grateful for his neutrality and also his help in their first misbegotten adventure in Afghanistan. It was Gulab Singh who was now encouraged by both the British and the Sikhs to mediate between them, indeed “to take a leading part in arranging conditions of peace”, and he formally represented the Sikh regency in the negotiations. The 9 March 1846 Treaty of Lahore “set forth that the British Government having demanded in addition to a certain assignment of territory, a payment of a crore and a half of rupees, and the Sikh Government being unable to pay the whole”, Dalip Singh “should cede as equivalent to one crore the hill country belonging to the Punjab between the Beas and the Indus including Kashmir and the Hazara”.

For the British to occupy the whole of this mountainous territory was judged unwise on economic and military grounds; it was not feasible to occupy from a military standpoint and the area “with the exception of the small Valley of Kashmir” was “for the most part unproductive”. “On the other hand, the ceded tracts comprised the whole of the hereditary possessions of Gulab Singh, who, being eager to obtain an indefeasible title to them, came forward and offered to pay the war indemnity on condition that he was made the independent ruler of Jammu & Kashmir.

A separate treaty embodying this arrangement was thus concluded between the British and Gulab Singh at Amritsar on 16 March 1846.” Gulab Singh acknowledged the British Government’s supremacy, and in token of it agreed to present annually to the British Government “one horse, twelve shawl goats of approved breed and three pairs of Kashmir shawls. This arrangement was later altered; the annual presentation made by the Kashmir State was confined to two Kashmir shawls and three romals (handkerchiefs).” The Treaty of Amritsar “put Gulab Singh, as Maharaja, in possession of all the hill country between the Indus and the Ravi, including Kashmir, Jammu, Laddakh and Gilgit; but excluding Lahoul, Kulu and some areas including Chamba which for strategic purposes, it was considered advisable (by the British) to retain and for which a remission of Rs 25 lakhs was made from the crore demanded, leaving Rs 75 lakhs as the final amount to be paid by Gulab Singh.” The British retained Hazara which in 1918 was included into NWFP. Through an intrigue emanating from Prime Minister Lal Singh in Lahore, Imamuddin, the last Sikh-appointed Governor of Kashmir, sought to prevent Gulab Singh taking possession of the Valley in accordance with the Treaty’s terms. By December 1846 Gulab Singh had done so, though only with help of a British force which included 17,000 Sikh troops “who had been fighting in the campaign just concluded”. (Contemporary British opinion even predicted Sikhism like Buddhism “would become extinct in a short time if it were not kept alive by the esprit de corps of the Sikh regiments”.)

The British in 1846 may have been glad enough to allow Gulab Singh take independent charge of the new entity that came to be now known as the “State of Jammu & Kashmir”. Later, however. they and their American allies would grow keen to control or influence the region vis-à-vis their new interests against the Russian and Soviet Empires.

FOUR
PAKISTAN’S ALLIES  by Subroto Roy  First published in two parts in The Sunday Statesman, June 4 2006, The Statesman June 5 2006, Editorial Page Special Article, http://www.thestatesman.net

From the 1846 Treaty of Amritsar creating the State of Jammu & Kashmir until the collapse of the USSR in 1991, Britain and later the USA became increasingly interested in the subcontinent’s Northwest. The British came to India by sea to trade. Barren, splendid, landlocked Afghanistan held no interest except as a home of fierce tribes; but it was the source of invasions into the Indian plains and prompted a British misadventure to install Shah Shuja in place of Dost Mohammad Khan leading to ignominious defeat. Later, Afghanistan was seen as the underbelly of the Russian and Soviet empires, and hence a location of interest to British and American strategic causes.

In November 1954, US President Dwight Eisenhower authorized 30 U-2 spy aircraft to be produced for deployment against America’s perceived enemies, especially to investigate Soviet nuclear missiles which could reach the USA. Reconnaissance balloons had been unsuccessful, and numerous Western pilots had been shot down taking photographs from ordinary military aircraft. By June 1956, U-2 were making clandestine flights over the USSR and China. But on May 1 1960, one was shot or forced down over Sverdlovsk, 1,000 miles within Soviet territory. The Americans prevaricated that it had taken off from Turkey on a weather-mission, and been lost due to oxygen problems. Nikita Kruschev then produced the pilot, Francis Gary Powers, who was convicted of spying, though was exchanged later for a Soviet spy. Powers had been headed towards Norway, his task to photograph Soviet missiles from 70,000 ft, his point of origin had been an American base 20 miles from Peshawar.

America needed clandestine “forward bases” from which to fly U-2 aircraft, and Pakistan’s ingratiating military and diplomatic establishment was more than willing to offer such cooperation, fervently wishing to be seen as a “frontline state” against the USSR. “We will help you defeat the USSR and we are hopeful you will help us defeat India” became their constant refrain. By 1986, the Americans had been permitted to build air-bases in Balochistan and also use Mauripur air-base near Karachi.

Jammu & Kashmir and especially Gilgit-Baltistan adjoins the Pashtun regions whose capital has been Peshawar. In August-November 1947, a British coup d’etat against J&K State secured Gilgit-Baltistan for the new British Dominion of Pakistan.

The Treaty of Amritsar had nowhere required Gulab Singh’s dynasty to accept British political control in J&K as came to be exercised by British “Residents” in all other Indian “Native States”. Despite this, Delhi throughout the late 19th Century relentlessly pressed Gulab Singh’s successors Ranbir Singh and Partab Singh to accept political control. The Dogras acquiesced eventually. Delhi’s desire for control had less to do with the welfare of J&K’s people than with protection of increasing British interests in the area, like European migration to Srinagar Valley and guarding against Russian or German moves in Afghanistan. “Sargin” or “Sargin Gilit”, later corrupted by the Sikhs and Dogras into “Gilgit”, had an ancient people who spoke an archaic Dardic language “intermediate between the Iranian and the Sanskritic”. “The Dards were located by Ptolemy with surprising accuracy on the West of the Upper Indus, beyond the headwaters of the Swat River (Greek: Soastus) and north of the Gandarae (i.e. Kandahar), who occupied Peshawar and the country north of it. This region was traversed by two Chinese pilgrims, Fa-Hsien, coming from the north about AD 400 and Hsuan Tsiang, ascending from Swat in AD 629, and both left records of their journeys.”

Gilgit had been historically ruled by a Hindu dynasty called Trakane; when they became extinct, Gilgit Valley “was desolated by successive invasions of neighbouring rulers, and in the 20 or 30 years ending with 1842 there had been five dynastic revolutions. The Sikhs entered Gilgit about 1842 and kept a garrison there.” When J&K came under Gulab Singh, “the Gilgit claims were transferred with it, and a boundary commission was sent” by the British. In 1852 the Dogras were driven out with 2,000 dead. In 1860 under Ranbir Singh, the Dogras “returned to Gilgit and took Yasin twice, but did not hold it. They also in 1866 invaded Darel, one of the most secluded Dard states, to the south of the Gilgit basin but withdrew again.”

The British appointed a Political Agent in Gilgit in 1877 but he was withdrawn in 1881. “In 1889, in order to guard against the advance of Russia, the British Government, acting as the suzerain power of Kashmir, established the Gilgit Agency”. The Agency was re-established under control of the British Resident in Jammu & Kashmir. “It comprised the Gilgit Wazarat; the State of Hunza and Nagar; the Punial Jagir; the Governorships of Yasin, Kuh-Ghizr and Ishkoman, and Chilas”. In 1935, the British demanded J&K lease to them for 60 years Gilgit town plus most of the Gilgit Agency and the hill-states Hunza, Nagar, Yasin and Ishkuman. Hari Singh had no choice but to acquiesce. The leased region was then treated as part of British India, administered by a Political Agent at Gilgit responsible to Delhi, first through the Resident in J& K and later a British Agent in Peshawar. J& K State no longer kept troops in Gilgit and a mercenary force, the Gilgit Scouts, was recruited with British officers and paid for by Delhi. In April 1947, Delhi decided to formally retrocede the leased areas to Hari Singh’s J& K State as of 15 August 1947. The transfer was to formally take place on 1 August.

On 31 July, Hari Singh’s Governor arrived to find “all the officers of the British Government had opted for service in Pakistan”. The Gilgit Scouts’ commander, a Major William Brown aged 25, and his adjutant, a Captain Mathieson, planned openly to engineer a coup détat against Hari Singh’s Government. Between August and October, Gilgit was in uneasy calm. At midnight on 31 October 1947, the Governor was surrounded by the Scouts and the next day he was “arrested” and a provisional government declared.

Hari Singh’s nearest forces were at Bunji, 34 miles from Gilgit, a few miles downstream from where the Indus is joined by Gilgit River. The 6th J& K Infantry Battalion there was a mixed Sikh-Muslim unit, typical of the State’s Army, commanded by a Lt Col. Majid Khan. Bunji controlled the road to Srinagar. Further upstream was Skardu, capital of Baltistan, part of Laddakh District where there was a small garrison. Following Brown’s coup in Gilgit, Muslim soldiers of the 6th Infantry massacred their Sikh brothers-at-arms at Bunji. The few Sikhs who survived escaped to the hills and from there found their way to the garrison at Skardu.

On 4 November 1947, Brown raised the new Pakistani flag in the Scouts’ lines, and by the third week of November a Political Agent from Pakistan had established himself at Gilgit. Brown had engineered Gilgit and its adjoining states to first secede from J&K, and, after some talk of being independent, had promptly acceded to Pakistan. His commander in Peshawar, a Col. Bacon, as well as Col. Iskander Mirza, Defence Secretary in the new Pakistan and later to lead the first military coup détat and become President of Pakistan, were pleased enough. In July 1948, Brown was awarded an MBE (Military) and the British Governor of the NWFP got him a civilian job with ICI~ which however sent him to Calcutta, where he came to be attacked and left for dead on the streets by Sikhs avenging the Bunji massacre. Brown survived, returned to England, started a riding school, and died in 1984. In March 1994, Pakistan awarded his widow the Sitara-I-Pakistan in recognition of his coup détat.

Gilgit’s ordinary people had not participated in Brown’s coup which carried their fortunes into the new Pakistan, and to this day appear to remain without legislative representation. It was merely assumed that since they were mostly Muslim in number they would wish to be part of Pakistan ~ which also became Liaquat Ali Khan’s assumption about J&K State as a whole in his 1950 statements in North America. What the Gilgit case demonstrates is that J&K State’s descent into a legal condition of ownerless anarchy open to “Military Decision” had begun even before the Pakistani invasion of 22 October 1947 (viz. “Solving Kashmir”, The Statesman, 1-3 December 2005). Also, whatever else the British said or did with respect to J & K, they were closely allied to the new Pakistan on the matter of Gilgit.

The peak of Pakistan’s Anglo-American alliance came with the enormous support in the 1980s to guerrilla forces created and headquartered in Peshawar, to battle the USSR and Afghan communists directly across the Durand Line. It was this guerrilla war which became a proximate cause of the collapse of the USSR as a political entity in 1991. President Ronald Reagan’s CIA chief William J. Casey sent vast sums in 1985-1988 to supply and train these guerrillas. The Washington Post and New Yorker reported the CIA training guerrillas “in the use of mortars, rocket grenades, ground-to-air missiles”. 200 hand-held Stinger missiles were supplied for the first time in 1986 and the New Yorker reported Gulbudin Hikmatyar’s “Hizbe Islami” guerrillas being trained to bring down Soviet aircraft. “Mujahideen had been promised two Stingers for every Soviet aircraft brought down. Operators who failed to aim correctly were given additional training… By 1986, the United States was so deeply involved in the Afghan war that Soviet aircraft were being brought down under the supervision of American experts”. (Raja Anwar, The Tragedy of Afghanistan, 1988, p. 234).

The budding US-China détente brokered by Pakistan came into full bloom here. NBC News on 7 January 1980 said “for the first time in history (a senior State Department official) publicly admitted the possibility of concluding a military alliance between the United States and China”. London’s Daily Telegraph reported on 5 January 1980 “China is flying large supplies of arms and ammunition to the insurgents in Afghanistan. According to diplomatic reports, supplies have arrived in Pakistan from China via the Karakoram Highway…. A major build-up of Chinese involvement is underway ~ in the past few days. Scores of Chinese instructors have arrived at the Shola-e-Javed camps.”

Afghan reports in 1983-1985 said “there were eight training camps near the Afghan border operated by the Chinese in Sinkiang province” and that China had supplied the guerrillas “with a variety of weapons including 40,000 RPG-7 and 20,000 RPG-II anti tank rocket launchers.” Like Pakistan, “China did not publicly admit its involvement in the Afghan conflict: in 1985 the Chinese Mission at the UN distributed a letter denying that China was extending any kind of help to the Afghan rebels” (Anwar, ibid. p. 234). Support extended deep and wide across the Arab world. “The Saudi and Gulf rulers … became the financial patrons of the Afghan rebels from the very start of the conflict”. Anwar Sadat, having won the Nobel Peace Prize, was “keen to claim credit for his role in Afghanistan…. by joining the Afghanistan jihad, Sadat could re-establish his Islamic credentials, or so he believed. He could thus not only please the Muslim nations but also place the USA and Israel in his debt.” Sadat’s Defence Minister said in January 1980: “Army camps have been opened for the training of Afghan rebels; they are being supplied with weapons from Egypt” and Sadat told NBC News on 22 September 1981 “that for the last twenty-one months, the USA had been buying arms from Egypt for the Afghan rebels. He said he had been approached by the USA in December 1979 and he had decided to `open my stores’. He further disclosed that these arms were being flown to Pakistan from Egypt by American aircraft. Egypt had vast supplies of SAM-7 and RPG-7 anti-aircraft and anti-tank weapons which Sadat agreed to supply to Afghanistan in exchange for new American arms. The Soviet weapons, being light, were ideally suited to guerrilla warfare. … the Mujahideen could easily claim to have captured them from Soviet and Afghan troops in battle.… Khomeini’s Iran got embroiled in war (against Iraq) otherwise Kabul would also have had to contend with the full might of the Islamic revolutionaries.” (Anwar ibid. p. 235).

Afghanistan had been occupied on 26-27 December 1979 by Soviet forces sent by the decrepit Leonid Brezhnev and Yuri Andropov to carry out a putsch replacing one communist, Hafizullah Amin, with a rival communist and Soviet protégé, Babrak Karmal. By 1985 Brezhnev and Andropov were dead and Mikhail Sergeyevich Gorbachev had begun his attempts to reform the Soviet system, usher in openness, end the Cold War and in particular withdraw from Afghanistan, which by 1986 he had termed “a bleeding wound”. Gorbachev replaced Karmal with a new protégé Najibullah Khan, who was assigned the impossible task of bringing about national reconciliation with the Pakistan-based guerrillas and form a national government. Soviet forces withdrew from Afghanistan in February 1989 having lost 14,500 dead, while more than a million Afghans had been killed since the invasion a decade earlier.

Not long after Russia’s Bolshevik Revolution, Gregory Zinoviev had said that international communism “turns today to the peoples of the East and says to them, `Brothers, we summon you to a Holy War first of all against British imperialism!’ At this there were cries of Jehad! Jehad! And much brandishing of picturesque Oriental weapons.” (Treadgold, Twentieth Century Russia, 1990, p. 213). Now instead, the Afghan misadventure had contributed to the collapse of the Soviet Empire itself, the USSR ceasing to be a political entity by 1991, and even Gorbachev being displaced by Boris Yeltsin and later Vladimir Putin in a new Russia.

What resulted for the people of the USA and Britain and the West in general was that they no longer had to live under threat of hostile Soviet tanks and missiles, while the people of Russia, Ukraine and the other erstwhile Soviet republics as well as Eastern Europe were able to throw off the yoke of communism that had oppressed them since the Bolshevik Revolution and instead to breathe the air of freedom.

What happened to the people of Afghanistan, however, was that they were plunged into further ghastly civil war for more than ten years. And what happened to the people of Pakistan was that their country was left resembling a gigantic Islamist military camp, awash with airfields, arms, ammunition and trained guerrillas, as well as a military establishment enlivened as always by perpetual hope that these supplies, provisions and personnel of war might find alternative use in attacks against India over J& K. “We helped you when you wished to see the Soviet Union defeated and withdrawing in Afghanistan”, Pakistan’s generals and diplomats pleaded with the Americans and British, “now you must help us in our wish to see India defeated and withdrawing in Kashmir”. Pakistan’s leaders even believed that just as the Soviet Union had disintegrated afterwards, the Indian Union perhaps might be made to do the same. Not only were the two cases as different as chalk from cheese, Palmerstone’s dictum there are no permanent allies in the politics of nations could not have found more apt use than in what actually came to take place next.

Pakistan’s generals and diplomats felt betrayed by the loss of Anglo-American paternalism towards them after 1989.

Modern Pakistanis had never felt they subscribed to the Indian nationalist movement culminating in independence in August 1947. The Pakistani state now finally declared its independence in the world by exploding bombs in a nuclear arsenal secretly created with help purchased from China and North Korea. Pakistan’s leaders thus came to feel in some control of Pakistan’s destiny as a nation-state for the first time, more than fifty years after Pakistan’s formal creation in 1947. If nothing else, at least they had the Bomb.

Secondly, America and its allies would not be safe for long since the civil war they had left behind in Afghanistan while trying to defeat the USSR now became a brew from which arose a new threat of violent Islamism. Osama bin Laden and the Taliban, whom Pakistan’s military and the USA had promoted, now encouraged unprecedented attacks on the American mainland on September 11 2001 ~ causing physical and psychological damage which no Soviet, Chinese or Cuban missiles ever had been allowed to do. In response, America attacked and removed the Taliban regime in Afghanistan, once again receiving the cooperative use of Pakistani manpower and real estate ~ except now there was no longer any truck with the Pakistani establishment’s wish for a quid pro quo of Anglo-American support against India on J&K. Pakistan’s generals and diplomats soon realised their Anglo-American alliance of more than a half-century ended on September 11 2001. Their new cooperation was in killing or arresting and handing over fellow-Muslims and necessarily lacked their earlier feelings of subservience and ingratiation towards the Americans and British, and came to be done instead under at least some duress. No benefit could be reaped any more in the fight against India over Jammu & Kashmir. An era had ended in the subcontinent.

FIVE

“AN INDIAN REPLY TO PRESIDENT ZARDARI: REWARDING PAKISTAN FOR BAD BEHAVIOUR LEADS  TO SCHIZOPHRENIC RELATIONSHIPS”  by Subroto Roy, December 17 2008

Pakistan President Asif Ali Zardari’s recent argument in the New York Times resembles closely the well-known publications of his ambassador to the United States, Mr Husain Haqqani.  Unfortunately, this Zardari-Haqqani thesis about Pakistan’s current predicament in the world and the world’s predicament with Pakistan is shot through with clear factual and logical errors. These  need to be aired because true or useful conclusions cannot be reached from mistaken premises or faulty reasoning.

1.  Origins of Pakistan, India, J&K, and their mutual problems

Mr Zardari makes the following seemingly innocuous statement:

“…. the two great nations of Pakistan and India, born together from the same revolution and mandate in 1947, must continue to move forward with the peace process.”

Now as a matter of simple historical fact, the current entities in the world system known as India and Pakistan were not “born together from the same revolution and mandate in 1947”.  It is palpably false to suppose they were and Pakistanis indulge in wishful thinking and self-deception about their own political history if they suppose this.

India’s Republic arose out of the British Dominion known as “India” which was the legal successor of the entity known previously in international law as “British India”.  British India had had secular governance and so has had the Indian Republic.

By contrast, the Islamic Republic of Pakistan arose out of a newly created state in international law known as the British Dominion of Pakistan, consisting of designated territory carved out of British India by a British decision and coming into existence one day before British India extinguished itself. (Another new state, Bangladesh, later seceded from Pakistan.)

The British decision to create territory designated “Pakistan” had nothing to do with any anti-British “revolution” or “mandate” supported by any Pakistani nationalism because there was none.  (Rahmat Ali’s anti-Hindu pamphleteering in London could be hardly considered Pakistani nationalism against British rule.  Khan Abdul Ghaffar Khan’s Pashtun patriots saw themselves as Indian, not Pakistani.)

To the contrary, the British decision had to do with a small number of elite Pakistanis — MA Jinnah foremost among them — demanding not to be part of the general Indian nationalist movement that had been demanding a British departure from power in the subcontinent.   Jinnah’s separatist party, the Muslim League, was trounced in the 1937 provincial elections in all the Muslim-majority areas of British India that would eventually become Pakistan.  Despite this, in September 1939, Britain, at war with Nazi Germany, chose to elevate the political power of Jinnah and his League to parity with the general Indian nationalist movement led by MK Gandhi.  (See, Francis Robinson, in William James and Subroto Roy (eds), Foundations of Pakistan’s Political Economy: Towards an Agenda for the 1990s.)  Britain needed India’s mostly Muslim infantry-divisions — the progenitors of the present-day Pakistan Army — and if that meant tilting towards a risky political idea of “Pakistan” in due course, so it would be.  The thesis that Pakistan arose from any kind of “revolution” or “mandate” in 1947 is  fantasy — the Muslim super-elite that invented and endorsed the Pakistan idea flew from Delhi to Karachi in chartered BOAC Dakotas, caring not a hoot about the vulnerability of ordinary Muslim masses to Sikh and Hindu majority wrath and retaliation on the ground.

Modern India succeeded to the rights and obligations of British India in international law, and has had a recognized existence as a state since at least the signing of the Armistice and Treaty of Versailles in 1918-1919.  India was a founding member of the United Nations, being a signatory of the 1945 San Francisco Declaration, and an original member of the Bretton Woods institutions.  An idea put forward by Argentina that as of 1947 India and Pakistan were both successor states of British India was rejected by the UN (Argentina withdrew its own suggestion), and it was universally acknowledged India was already a member of the UN while Pakistan would have to (and did) apply afresh for membership as a newly created state in the UN.  Pakistan’s entry into the UN had the enthusiastic backing of India and was opposed by only one existing UN member, Afghanistan, due to a conflict that continues to this day over the legitimacy of the Durand Line that bifurcated the Pashtun areas.

Such a review of elementary historical facts and the position in law of Pakistan and India is far from being of merely pedantic interest today.  Rather, it goes directly to the logical roots of the conflict over the erstwhile State of Jammu and Kashmir (J&K) — a state that itself originated as an entity in the world system a full century before Pakistan was to do so and more than half a century before British India did, but which would collapse into anarchy and civil war in 1947-1949.

Britain (or England) had been a major nation-state in the world system recognized since Grotius first outlined modern international law. On March 16 1846, Britain entered into a treaty, the Treaty of Amritsar, with one Gulab Singh, and the “State of Jammu & Kashmir” came to arise as a recognizable entity in international law for the first time. (See my “History of Jammu and Kashmir” published in The Statesman, Oct 29-30 2006, available elsewhere here.)

Jammu & Kashmir continued in orderly existence as a state until it crashed into legal and political anarchy and civil war a century later.  The new Pakistan had entered into a “Standstill Agreement” with the State of Jammu & Kashmir as of August 15 1947. On or about October 22 1947, Pakistan unilaterally ended that Standstill Agreement and instead caused military forces from its territory to attack the State of Jammu & Kashmir along the Mansehra Road towards Baramula and Srinagar, coinciding too with an Anglo-Pakistani coup d’etat in Gilgit and Baltistan (see my “Solving Kashmir”; “Law, Justice & J&K”; “Pakistan’s Allies”, all published in The Statesman in 2005-2006 and available elsewhere here).

The new Pakistan had chosen, in all deliberation, to forswear law, politics and diplomacy and to resort to force of arms instead in trying to acquire J&K for itself via a military decision.  It succeeded only partially.  Its forces took and then lost both Baramula and Kargil; they may have threatened Leh but did not attempt to take it; they did take and retain Muzaffarabad and Skardu; they were never near taking the summer capital, Srinagar, though might have threatened the winter capital, Jammu.

All in all, a Ceasefire Line came to be demarcated on the military positions as of February 1 1949.  After a war in 1971 that accompanied the secession of Bangladesh from Pakistan, that Ceasefire Line came to be renamed the “Line of Control” between Pakistan and India. An ownerless entity may be acquired by force of arms — the erstwhile State of Jammu & Kashmir in 1947-1949 had become an ownerless entity that had been dismembered and divided according to military decision following an armed conflict between Pakistan and India.  The entity in the world system known as the “State of Jammu & Kashmir” created on March 16 1846 by Gulab Singh’s treaty with the British ceased to exist as of October 22 1947.  Pakistan had started the fight over J&K but there is a general rule of conflicts that he who starts  a fight does not get to finish it.

Such is the simplest and most practical statement of the history of the current problem.  The British, through their own compulsions and imperial pretensions, raised all the talk about a “Lapse of Paramountcy” of the British Crown over the “Native Princes” of “Indian India”, and of how, the “Native Princes” were required to “accede” to either India or Pakistan.  This ignored Britain’s own constitutional law.  BR Ambedkar pointed out with unsurpassed clarity that no “Lapse of Paramountcy” was possible even for a single logical moment since “Paramountcy” over any “Native Princes” who had not joined India or Pakistan as of August 15 1947, automatically passed from British India to its legal successor, namely, the Dominion of India.   It followed that India’s acquiescence was required for any subsequent accession to Pakistan – an acquiescence granted in case of Chitral and denied in case of Junagadh.

What the Republic of India means by saying today that boundaries cannot be redrawn nor any populations forcibly transferred is quite simply that the division of erstwhile J&K territory is permanent, and that sovereignty over it is indivisible. What Pakistan has claimed is that India has been an occupier and that there are many people inhabiting the Indian area who may not wish to be Indian nationals and who are being compelled against their will to remain so ~  forgetting to add that precisely the same could be said likewise of the Pakistani-held area. The lawful solution I proposed in “Solving Kashmir, “Law, Justice and J&K” and other works has been that the Republic of India invite every person covered under its Article 370, citizen-by-citizen, under a condition of full information, to privately and without fear decide, if he/she has not done so already, between possible Indian, Iranian, Afghan or Pakistani nationalities ~ granting rights and obligations of permanent residents to any of those persons who may choose for whatever private reason not to remain Indian nationals. If Pakistan acted likewise, the problem of J&K would indeed come to be resolved. The Americans, as self-appointed mediators, have said they wish “the people of the region to have a voice” in a solution: there can be no better expression of such voice than allowing individuals to privately choose their own nationalities and their rights and responsibilities accordingly. The issue of territorial sovereignty is logically distinct from that of the choice of nationality by individual inhabitants.

2.  Benazir’s assassination falsely compared to the Mumbai massacres
Secondly, President Zardari draws a mistaken comparison between the assassination last year of his wife, Benazir Bhutto, and the Mumbai massacres a few weeks ago.  Ms Bhutto’s assassination may resemble more closely the assassinations in India of Indira Gandhi in 1984 and Rajiv Gandhi in 1991.

Indira Gandhi died in “blowback” from the unrest she and her younger son and others in their party had opportunistically fomented among Sikh fundamentalists and sectarians since the late 1970s.  Rajiv Gandhi died in “blowback” from an erroneous imperialistic foreign policy that he, as Prime Minister, had been induced to make by jingoistic Indian diplomats, a move that got India’s military needlessly involved in the then-nascent Sri Lankan civil war.  Benazir Bhutto similarly may be seen to have died in “blowback” from her own political activity as prime minister and opposition leader since the late 1980s, including her own encouragement of Muslim fundamentalist forces.  Certainly in all three cases, as in all assassinations, there were lapses of security too and imprudent political judgments made that contributed to the tragic outcomes.

Ms Bhutto’s assassination has next to nothing to do with the Mumbai massacres, besides the fact the perpetrators in both cases were Pakistani terrorists.  President Zardari saying he himself has lost his wife to terrorism is true but not relevant to the proper diagnosis of the Mumbai massacres or to Pakistan-India relations in general.  Rather, it  serves to deflect criticism and condemnation of the Pakistani state’s pampered handing of Pakistan’s terrorist masterminds, as well as the gross irresponsibility of Pakistan’s military scientists (not AQ Khan) who have been recently advocating a nuclear first strike against India in the event of war.

3.  Can any religious nation-state be viable in the modern world?

President Zardari’s article says:

“The world worked to exploit religion against the Soviet Union in Afghanistan by empowering the most fanatic extremists as an instrument of destruction of a superpower. The strategy worked, but its legacy was the creation of an extremist militia with its own dynamic.”

This may be overly simplistic.  As pointed out in my article “Pakistan’s Allies”,  Gregory Zinoviev himself  after the Bolshevik Revolution had declared that international communism “turns today to the peoples of the East and says to them, ‘Brothers, we summon you to a Holy War first of all against British imperialism!’ At this there were cries of Jehad! Jehad! And much brandishing of picturesque Oriental weapons.” (Treadgold, Twentieth Century Russia, 1990, p. 213).   For more than half of the 20th century, orthodox Muslims had been used by Soviet communists against British imperialism, then by the British and Americans (through Pakistan) against Soviet communism.  Touché! Blowback and counter-blowback!  The real question that arises from this today may be why orthodox Muslims have allowed themselves to be used either way by outside forces and have failed in developing a modern nation-state and political culture of their own.  Europe and America only settled down politically after their religious wars were over.  Perhaps no religious nation-state is viable in the modern world.

4.  Pakistan’s behaviour leads to schizophrenia in international relations

President Zardari pleads for, or perhaps demands, resources from the world:

“the best response to the Mumbai carnage is to coordinate in counteracting the scourge of terrorism. The world must act to strengthen Pakistan’s economy and democracy, help us build civil society and provide us with the law enforcement and counterterrorism capacities that will enable us to fight the terrorists effectively.”

Six million pounds from Mr Gordon Brown, so much from here or there etc –  President Zardari has apparently demanded 100 billion dollars from America and that is the price being talked about for Pakistan to dismantle its nuclear weapons and be brought under an American “nuclear umbrella” instead.

I have pointed out elsewhere that what Pakistan seems to have been doing in international relations for decades is send out “mixed messages” – i.e. contradictory signals,  whether in thought, word or deed.  Clinical psychologists following the work of Gregory Bateson would say this leads to confusion among Pakistan’s interlocutors (a “double bind”) and the symptoms arise of what may be found in schizophrenic relationships.  (See my article “Do President-elect Obama’s Pakistan specialists believe…”; on the “double bind” theory,  an article I chanced to publish in the Journal of Genetic Psychology, 1986, may be of interest).

Here are a typical set of “mixed messages” emanating from Pakistan’s government and opinion-makers:

“We have nuclear weapons
“We keep our nuclear weapons safe from any misuse or unauthorized use
“We are willing to use nuclear weapons in a first strike against India
“We do not comprehend the lessons of Hiroshima-Nagasaki
“We do not comprehend the destruction India will visit upon us if we strike them
“We are dangerous so we must not be threatened in any way
“We are peace-loving and want to live in peace with India and Afghanistan
“We love to play cricket with India and watch Bollywood movies
“We love our Pakistan Army as it is one public institution that works
“We know the Pakistan Army has backed armed militias against India in the past
“We know these militias have caused terrorist attacks
“We are not responsible for any terrorist attacks
“We do not harbour any terrorists
“We believe the world should pay us to not use or sell our nuclear weapons
“We believe the world should pay us to not encourage the terrorists in our country
“We believe the world should pay us to prevent terrorists from using our nuclear weapons
“We hate India and do not want to become like India
“We love India and want to become like India
“We are India and we are not India…”

Etc.

A mature rational responsible and self-confident Pakistan would have said instead:

“We apologise to India and other countries for the outrageous murders our nationals have committed in Mumbai and elsewhere
“We ask the world to watch how our professional army is deployed to disarm civilian and all “non-state” actors of unauthorized firearms and explosives
“We do not need and will not demand or accept a dollar in any sort of foreign aid, military or civilian, to solve our problems
“We realize our economic and political institutions are a mess and we must clean them up
“We will strive to build a society imbued with what Iqbal described as the spirit of modern times..”

As someone who created at great personal cost at an American university twenty years ago the book Foundations of Pakistan’s Political Economy: Towards an Agenda for the 1990s, I have a special interest in hoping that Pakistan shall find the path of wisdom.”

 

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My (armchair) experience of the 1999 Kargil war (Or, “Actionable Intelligence” in the Internet age: How the Kargil effort got a little help from a desktop)

My (armchair) experience of the 1999 Kargil war
(Or, “Actionable Intelligence” in the Internet age: How the Kargil effort got a little help from a desktop)

by Subroto Roy
First drafted July 20 1999,
revised and published January 5 2009

“The pilots who launched the strike and recce missions have caught the public eye but the backroom boys worked equally hard. Even in IAF stations far away from the action, the officers held brain-storming sessions and sent in their suggestions.” — Air Chief Marshall AY Tipnis, Indian Air Force press conference July 15 1999.

On the night of June 1/2 1999, I had been looking on the Internet for a good map of Jammu & Kashmir for use in a research paper.  I was in my office as a “full professor” at an “Institution of National Importance”.  A year earlier, on June  23 1998, I had been in the United States and given a talk at Washington DC’s Heritage Foundation titled “Towards an Economic Solution for Kashmir” based on my research originating in the late 1980s with the academic volume that WE James and I created, Foundations of Pakistan’s Political Economy: Towards an Agenda for the 1990s.  Now again there was a plan to talk and I needed a proper map.  We had lost two fighter aircraft and a helicopter in the Kargil fighting, and the Indian Army seemed to be facing reverses.  The country seemed despondent and tense yet in a trance too over the ongoing cricket World Cup.  Neither the Army nor the IAF seemed to quite know where the enemy had entrenched himself or in what strength. Television and newspapers were showing crude schoolboy sketches of the battlefield.  Could the Internet be of help in finding a better map, I asked myself?  I had been an early enthusiast of Google since its launch some months earlier and the Internet was still a wild and untutored place.

Imagine my surprise when before my eyes that night came to be unveiled the American CIA’s own detailed declassified contour maps, or “Tactical Pilotage Charts”, of  Kargil, Drass, Srinagar and the Line of Control; then to the west Muzaffarabad, Rawalpindi, Islamabad, Kahuta etc., and to the east, Ladakh, Aksai Chin and the Line of Actual Control with the Chinese.   Produced by the US Government’s Defense Intelligence Agency for the CIA, there they were now available to me at my desk thanks to the Internet!   The Pakistan map stated in bold letters that all aircraft planning to enter Pak airspace must request permission with at least 15 minutes notice.

Did our folks have these maps, was my first thought. Perhaps we didn’t, we had been caught unawares after all by the Pakistani attack, even if we had the maps somewhere perhaps they were unavailable right now, we had just lost aircraft and Squadron Leader Ahuja had been killed, our artillery fire at the time somehow seemed not as accurate as theirs; after years of close military collaboration with the West, Pakistan surely had all these maps in the original while we did not  —  that was an advantage that needed to be neutralized.   Such were the thoughts that rushed through as the maps downloaded slowly (very slowly, excruciatingly slowly) before me that night.

Yet here I was in my distant office just before midnight; how could these maps reach those they ought to reach?  I had not even a direct phone line outside campus or a phone directory.  Thinking aloud, I woke up the campus security chief who was a friend and a retired soldier; could he please phone the commander of a nearby IAF station, a Group Captain, and ask him to call me on campus straightaway because I had just downloaded American “Tactical Pilotage Charts” of Kargil and Drass onto my desktop computer?

The Group Captain knew me because he happened to be a distant cousin; he not only called back but responded to my plea to drive over at once to take a look at the maps.  He was a fighter pilot by training and I thought he, if anyone, would be able to assess their usefulness.  I did not wish to know from him if he thought we had them or did not but I was happy to give them to him anyway.  He taciturnly said these might be useful, so we printed out all the maps right then at 2 am, which he would send on first thing in the morning.

Campus bureaucrats later objected to Air Force officers having visited my office in the middle of the night and used computer-equipment (to print the maps) without higher bureaucratic authorization; I was told faculty-members ought not to meddle in such matters unless and until a formal inter-Ministry request had been received and approved.  This seemed to me bizarre if not absurd in the circumstances.  I replied that I was acting as a citizen and a professor in an area of my published research, and besides our government academic institution was supposedly “dedicated” to the national interest and, excuse me, but there just happened to be a war going on up north in Kargil right then!

Over the next several days, the Internet began to freely reveal all sorts of things which in years gone by would surely have been top secret – pure James Bond stuff.  Here from the Federation of American Scientists, maps included, were nuclear and missile facilities:  Chagai, Chashma, Dera Ghazi, Dera Nawab, Fateh Jung, Golra, Gujranwala, Isa, Islamabad, Jhang, Kahuta, Karachi, Kundian, Lahore, Lakki, Malute, Multan, Okara, Quetta, Rawalpindi, Sargodha, Sinhala, Wah.  Here was the Southern California supplier saying that Pakistan had gone about buying and manufacturing under license more than sixteen hundred armoured personnel carriers; why would you buy so many APCs?  Because you wanted a very large strike force in an attack on India.   Here were details of the latest submarine they had bought from France – a highly lethal machine that could play havoc.  Here too was information that their naval officers had been jailed for accepting bribes in the deal, on which the French Embassy in Islamabad had no comment to make.  Here was the yet-to-be-produced Chinese FC-1 fighter-bomber – which was going to be sold to Pakistan but whose production was stalled by apparent lack of funds.   Here were Pakistan’s own military providing news and propaganda — from whose mixed pronouncements it became clear Squadron Leader Ahuja had been captured alive by Pakistani border guards and then shot dead in cold blood as a surrendered POW.

Air HQ responded quickly enough, and on the evening of June 10th, with four young officers in my office, I sent on all this publicly available material by email.   In the meantime, on June 6, I released the contour map of Kargil to all faculty-members with a request to try to send it up to in any way they might know how to.  I figured that our adversary already had the map in the original, so it would only be to the good if every jawan and airman on our side did too. I also went to see a well-known computer science specialist on campus.  Connections had been established with the Air Force, I told him; now how do we get it to the Army?  He grasped the problem quickly and established a firm connection with an officer in the appropriate location who once had been a student of his.   On June 11, that officer wrote to me:

Dear Sir,
It is very heartening to note the kind of interest that you and Prof C are generating. I have done full justice to the info that you have sent me by sending them to the people to whom they matter. We really do appreciate your efforts in this regard. I am sure as a true patriot of our country, you will continue your valuable efforts and keep us posted… …(we) may lack a proper ‘actionable intelligence’ in terrains like Kargil and Dras simply because of the nature of the terrain and the inhospitable climatic conditions that prevail at such heights. And our countrymen are braving all these and fighting tooth and nail to give back a suitable reply to the infiltrators. What peps us is the solid backing that is given by the citizens of our country who come out in all forms to help assist us in overcoming such a crisis, such as your invaluable contribution. …. the quality of the maps that I had forwarded greatly help in interpreting things more clearly….

I wrote back on June 12:

Dear G,
.… We are very happy to know they are proving useful… It is all in the public domain…There is nothing clandestine about it. ……. there is definite if circumstantial evidence on the basis of Pakistani admissions that Squadron Leader Ahuja was captured alive by the Pakistan Army and then shot dead by them. This evidence consists of Pakistan admitting in the initial moments that they did not know his name but believed it to be UHJA of 6 Squadron out of Srinigar. Ask yourself, how did they make that mistake instead of AHUJA? They could not have made the mistake if they had read the name AHUJA from his flying suit after he had crashed dead, as they claim. The only way they can make that mistake is if they asked him personally what his name and squadron was; he told them, then they shot him. It is an international war crime which our government should take up immediately with the International War Crimes Tribunal. With regards

In creating the Foundations of Pakistan’s Political Economy book in the 1980s and 1990s while in America, I had been a most sympathetic student of Pakistan. Writing in Hawaii in 1989-1990, I had said in the Introduction to the book that “the arms race and elite rivalry has greatly impoverished the general budgets of both Pakistan and India. If it has benefited important sections of the political and military elites of both countries, it has done so only at the expense of the general welfare of the masses. So long as the arms-race continues, the economies of both countries are likely to remain severely distorted…” Some of this appeared too in my work for Rajiv Gandhi, as published in July 31-August 2 1991 of The Statesman‘s editorial pages. A few years later in 1993 in Washington DC, I articulated “An Economic Solution to Kashmir”.  About 1997 or 1998, the then-Pakistani envoy to India at a luncheon in Calcutta where I was not present, received a copy of the book gifted by me through a colleague who had been at the lunch. The book had been published in Karachi and Delhi in 1992-93, and had been quite intensely reviewed both in Pakistan and in India at the time.  But all my optimism about a peace process with Pakistan vanished during their Kargil aggression in the summer of 1999, and I was totally appalled and horrified by their sadistic torture and murder of Lt. Saurabh Kalia and his platoon, and their cold-blooded murder of Squadron Leader Ajay Ahuja while POWs.

In the July 1999 Kargil issue of New Delhi’s  Security and Political Risk Analysis Bulletin, I published an article titled “Was a Pakistani Grand Strategy Discerned in time by India?”.  A longer analysis and prescription dated June 11 1999 had been sent by me to the Vajpayee Government.  I began my analysis with the sentence: “When Pakistani military and political men make statements as they have done recently like (a)they can win a war against India (Pak COAS),(b)    they can hit any target in India and inflict unacceptable losses on us  (Pak nuclear and missile chief), (c) they are prepared to use any weapon (Pak foreign secretary), (d) a fourth war with India is imminent (“Prime Minister” POK),(e) Pakistan will be a responsible nuclear weapons’ country (Pak information minister), these should be taken seriously….” I ended my analysis with the sentence: “If the Pakistani military insists on plunging the entire subcontinent into an abyss of destruction and chaos for generations, then so be it.   There will be no Indian defeat in either Delhi or Kashmir because it will have been preceded by the end of Pakistan’s physical existence…. We must wake up immediately and go to battle-stations at once.  There is no time to lose.”

Now in 2009, as war clouds still linger after the Mumbai massacres, I am reminded of all this experience ten years ago.  If my proposal gets followed of a trial of the terrorist masterminds for piracy, murder and conspiracy, held by the Pakistan and Indian Navies jointly in international waters under maritime law, my hopes for civil government in Pakistan and peaceful cooperative relations may become restored.

January 2009

India’s Muslim Voices (Or, Let us be clear the Pakistan-India or Kashmir conflicts have not been Muslim-Hindu conflicts so much as intra-Muslim conflicts about Muslim identity and self-knowledge on the Indian subcontinent)

India’s Muslim Voices

 

 

(Or, Let us be clear the Pakistan-India or Kashmir conflicts have not been Muslim-Hindu conflicts so much as intra-Muslim conflicts about Muslim identity and self-knowledge on the Indian subcontinent)

 

 

by

 

 

Subroto Roy

 

 

Ill-informed Western observers, especially at purported “think tanks” and news-portals, frequently proclaim the Pakistan-India confrontation and Jammu & Kashmir conflict to represent some kind of savage irreconcilable division between Islamic and Hindu cultures.

For example, the BBC, among its many prevarications on the matter (like lopping off J&K entirely from its recently broadcasted maps of India, perhaps under influence of its Pakistani staffers), frequently speaks of “Hindu-majority India” and “Indian-administered Kashmir” being confronted by Muslim Pakistan.

And two days ago from California’s Bay Area arose into the Internet Cloud the following profundity: What we’re dealing with now, in the Pakistani-Indian rivalry, is a true war of civilizations, pitting Muslims against Hindus…. the unfathomable depths of the Muslim-Hindu divide….”.

Even President-elect Obama’s top Pakistan-specialists have fallen for the line of Washington’s extremely strong Pakistan lobby: “Pakistan… sees itself as the political home for the subcontinent’s Muslim population and believes India’s continued control over the Muslim-majority Kashmir valley and denial of a plebiscite for its inhabitants represent a lingering desire on India’s part to undo the legacy of partition, which divided the British Indian Empire into India and Pakistan.”

 

The truth on record is completely different and really rather simple: for more than a century and a half, Muslims qua Muslims on the Indian subcontinent have struggled with the question of their most appropriate cultural and political identity.

 

The starkest contrast may be found in their trying to come to terms with their partly Arabic and partly Hindu or Indian parentage (the words Hindu, Sindhu, Indus, Indian, Sindhi, Hindi etc all clearly have the same Hellenistic root).

For example, there was Wali Allah (1703-1762) declaringWe are an Arab people whose fathers have fallen in exile in the country of Hindustan, and Arabic genealogy and Arabic language are our pride”.

But here has been Mohammad Iqbal (1877-1938), in his 1930 Allahabad speech to the Muslim League, conceiving today’s Pakistan as a wish to become free of precisely that Arab influence: “I would like to see the Punjab, NWFP, Sind and Baluchistan amalgamated into a single state… The life of Islam as a cultural force in this living country very largely depends on its centralisation in a specified territory… 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.”

In an article “Saving Pakistan” published last year in The Statesman and available elsewhere here, it was suggested Iqbal’s “spirit of modern times” may be represented most prominently today by the physicist/political philosopher Pervez Hoodbhoy: in a December 2006 speech Hoodbhoy suggested a new alternative to MA Jinnah’s “Faith, Unity, Discipline” slogan: “First, I wish for minds that can deal with the complex nature of truth…. My second wish is for many more Pakistanis who accept diversity as a virtue… My third, and last, wish is that Pakistanis learn to value and nurture creativity.” He has spoken too of bringing “economic justice to Pakistan”, of the “fight to give Pakistan’s women the freedom which is their birthright”, and of people to “wake up” and engage politically. But Pakistan’s Iqbalian liberals like Hoodbhoy still have to square off with those of their compatriots who sent the youthful squad into Mumbai last week with assault rifles, grenades and heroic Arabic code-names, as well as orders to attack civilians with the ferocity of the original Muslims attacking caravans and settlements in ancient Arabia.

 

What the extremely strong Pakistan lobbies within the British and American political systems have suppressed in order to paint a picture of eternal Muslim-Hindu conflict is the voice of India’s nationalist Muslims, who historically have had no wish to have any truck with any idea of a “Pakistan” at all.

 

Most eminent among them was undoubtedly Jinnah’s fiercest critic: Maulana Abul Kalam Azad whose classic 1946 statement on Pakistan is available in his India Wins Freedom, the final version published only in 1988.

 

“I have considered from every possible point of view the scheme of Pakistan as formulated by the Muslim League. As an Indian, I have examined its implications for the future of India as a whole. As a Muslim, I have examined its likely effects upon the fortunes of Muslims of India. Considering the scheme in all its aspects, I have come to the conclusion that it is harmful not only for India as a whole but for Muslims in particular. And in fact it creates more problems than it solves. I must confess that the very term Pakistan goes against my grain. It suggests that some portions of the world are pure while others are impure. Such a division of territories into pure and impure is un-Islamic and is more in keeping with orthodox Brahmanism which divides men and countries into holy and unholy — a division which is a repudiation of the very spirit of Islam. Islam recognizes no such division and the prophet says “God made the whole world a mosque for me”.

 

Further, it seems that the scheme of Pakistan is a symbol of defeatism, and has been built on the analogy of the Jewish demand for a national home. It is a confession that Indian Muslims cannot hold their own in India as a whole, and would be content to withdraw to a corner specially reserved for them.

 

One can sympathise with the aspiration of the Jews for such a national home, as they are scattered all over the world and cannot in any region have any effective voice in the administration.. The conditions of Indian Muslims is quite otherwise. Over 90 million in number, they are in quantity and quality a sufficiently important element in Indian life to influence decisively all questions of administration and policy. Nature has further helped them by concentrating them in certain areas.

 

In such a context, the demand for Pakistan loses all force. As a Muslim, I for one am not prepared for a moment to give up my right to treat the whole of India as my domain and to shape in the shaping of its political and economic life. To me it seems a sure sign of cowardice to give up what is my patrimony and content myself with a mere fragment of it.

 

As is well known, Mr. Jinnah’s Pakistan scheme is based on his two nation theory. His thesis is that India contains many nationalities based on religious differences, Of them the two major nations, the Hindus and Muslims, must as separate nations have separate States, When Dr Edward Thompson once pointed out to Mr. Jinnah that Hindus and Muslims live side by side in thousands of Indian towns, villages and hamlets, Mr. Jinnah replied that this is no way affected their separate nationality. Two nations, according to M Jinnah, confront one another in every hamlet, village and town, and he, therefore, desires that they should be separated into two States.

 

I am prepared to overlook all other aspects of the problem and judge it from the point of view of Muslim interest alone. I shall go still further and say that if it can be shown that the scheme of Pakistan can in any way benefit Muslims I would be prepared to accept it myself and also to work for its acceptance by others. But the truth is that even if I examine the scheme from the point of view of the communal interests of the Muslims themselves, I am forced to the conclusion that it can in no way benefit them or allay their legitimate fears.

Let us consider dispassionately the consequences which will follow if we give effect to the Pakistan scheme. India will be divided into two States, one with a majority of Muslims and the other of Hindus. In the Hindustan State there will remain 35 million Muslims scattered in small minorities all over the land. With 17 per cent in UP, 12 percent in Bihar and 9 percent in Madras, they will be weaker than they are today in the Hindu majority provinces. They have had their homelands in these regions for almost a thousand years and built up well known centres of Muslim culture and civilization there.

They will awaken overnight and discover that they have become alien and foreigners. Backward industrially, educationally and economically, they will be left to the mercies to what would become an unadulterated Hindu raj.

On the other hand, their position within the Pakistan State will be vulnerable and weak. Nowhere in Pakistan will their majority be comparable to the Hindu majority in the Hindustan States. ( NB Azad could hardly imagine even at this point the actual British Partition of Punjab and Bengal, let aside the later separation of Bangladesh from West Pakistan, SR. )

In fact, their majority will be so slight that will be offset by the economical, educational and political lead enjoyed by non-Muslims in these areas. Even if this were not so and Pakistan were overwhelmingly Muslim in population, it still could hardly solve the problem of Muslims in Hindustan. Two States confronting one another, offer no solution of the problem of one another’s minorities, but only lead to retribution and reprisals by introducing a system of mutual hostages. The scheme of Pakistan therefore solves no problems for the Muslims. It cannot safeguard their rights where they are in minority nor as citizens of Pakistan secure them a position in Indian or world affairs which they would enjoy as citizens of a major State like the Indian Union.

It may be argued that if Pakistan is so much against the interest if the Muslims themselves, then why should such a large section of Muslims be swept away by its lure? The answer is to be found in the attitude of certain communal extremists among the Hindus. When the Muslim League began to speak of Pakistan, they read into the scheme a sinister pan-Islamic conspiracy and began to oppose it out of fear that it foreshadowed a combination of Indian Muslim and trans-Indian Muslim States. The opposition acted as an incentive to the adherents of the League. With simple though untenable logic they argued that if Hindus were so opposed to Pakistan, surely it must be of benefit to Muslims. An atmosphere of emotional frenzy was created which made reasonable appraisement impossible and swept away especially the younger and more impressionable among the Muslims. I have, however, no doubt that when the present frenzy has died down and the question can be considered dispassionately, those who now support Pakistan will themselves repudiate it as harmful for Muslim interests.

The formula which I have succeeded in making the Congress accept secures whatever merits the Pakistan scheme contains while all its defects and drawbacks are avoided. The basis of Pakistan is the fear of interference by the Centre in Muslim majority areas as the Hindus will be in a majority in the Centre. The Congress meets this fear by granting full autonomy to the provincial units and vesting all residuary power in the provinces. It also has provided for two lists of Central subjects, one compulsory and one optional, so that if any provincial unit so wants, it can administer all subjects itself except a minimum delegated to the Centre. The Congress scheme threescore ensures that Muslim majority provinces are internally free to develop as they will, but can at the same time influence the Centre on all issues which affect India as a whole.

The situation in India is such that all attempts to establish a centralized and unitary government are bound to fail. Equally, doomed to failure is the attempt to divide India into two States. After considering all aspects of the question, I have come to the conclusion that the only solution can be on the lines embodied in the Congress formula which allows room for development both to the provinces and to India as a whole. The Congress formula meets the fear of the Muslim majority areas to allay which the scheme of Pakistan was formed. On the other hand, it avoids the defects of the Pakistan scheme which would bring the Muslims where they are in a minority under a purely Hindu government.

I am one of those who considers the present chapter of communal bitterness and differences as a transient phase in Indian life. I firmly hold that they will disappear when India assumes the responsibility of her own destiny. I am reminded of a saying of Mr. Gladstone that the best cure for a man’s fear of the water was to throw him into it. Similarly, India must assume responsibilities and administer her own affairs before fears and suspicious can be fully allayed.

When India attains her destiny, she will forget the chapter of communal suspicion and conflict and face the problems of modern life from a modern point of view. Differences will no doubt persist, but they will be economic, not communal. Opposition among political parties will continue, but it will based, not on religion, but on economic and political issues. Class and not community will be the basis oaf future alignments, and policies will be shaped accordingly. If it be argued that this is only a faith which events may not justify, I would say that in any case the 90 million Muslims constitute a factor which nobody can ignore and whatever the circumstances, they are strong enough to safeguard their own destiny.”

 

 

 

Next must be Sheikh Mohammad Abdullah’s classic February 1948 Speech to the UN Security  Council,  four months into the initial Pakistani attack on Kashmir:

 

 

“Aggression, not accession, is the issue: I have heard with patience, attention and respect the statements made by the representative of Pakistan and members of the Security Council, as well as the statements made on various occasions by the members of my own delegation. The Security Council will concede that I am probably the one man most concerned in the dispute because I happen to come from that land which has become the bone of contention between the two Dominions of India and Pakistan.

I have been quoted profusely on either side, and rightly so, because I have had the fortune-or, should I say, misfortune of leading my countrymen to freedom from 1931 onwards. In this task, I have suffered a great deal. I have been imprisoned not once or twice, but seven times, and the last imprisonment carried with it an aggregate sentence of nine years.

There are many troubles in Kashmir. I have heard patiently the debate in the Security Council, but I feel that I am rather confused. After all, what is the point in dispute? The point in dispute is not that the sovereignty of the Prince is in question, as the representative of Pakistan stated yesterday. After all, I have suffered the punishment of being sentenced to nine years imprisonment for saying what the representative of Pakistan said with regard to the Treaty of Amritsar of 1846. I am glad that he said in the Security Council, where he is immune from any punishment. Therefore, I am not disputing that point and that it is not the subject of the dispute before the Security Council.

The subject of the dispute before the Security Council is not the mal-administration of the Princely State of Kashmir. In order to set right that mal-administration, I think I have suffered the most, and today, when for the first time, I heard the representative of Pakistan supporting my case, it gave me great pleasure.

After all, what is the dispute between India and Pakistan? From what I have learned from the complaint brought before the Security Council by my own delegation, the dispute revolves around the fact that Kashmir acceded legally and constitutionally to the Dominion of India. There was some trouble about the demarcation of the Kashmir administration within the State, and the tribesmen from across the border have poured into my country. They have been helped and are being helped by the Pakistan Government, with the result that there is the possibility of a greater conflagration between India and Pakistan. India sought the help of Security Council so that Pakistan might be requested to desist from helping the tribesmen, and to desist from supporting the inside revolt, should I say, against the lawful authority.

I should have understood the position of the representative of Pakistan if he had come boldly before the Security Council and maintained: “Yes, we do support the tribesmen; we do support the rebels inside the State because we feel that Kashmir belongs to Pakistan and not to India, and because we feel that the accession of Kashmir to India was fraudulent.” Then we might have discussed the validity of the accession of the State of Kashmir to India. But that was not the position taken by the representative of Pakistan. He completely denied that any support was being given by the Government of Pakistan to either the tribesmen or those who are in revolt within the State against the constituted authority.

How am I to convince the Security Council that the denial is absolutely untrue? I am sitting before the Security Council at a distance of thousands of miles from my country. I have fought many battles, along with my own men, on the borders of Jammu and Kashmir. I have seen with my own eyes the support given by the Pakistan Government, not only in supplying buses but in providing arms, ammunition, direction and control of the tribesmen and I have even seen the Pakistan Army forces from across the border.

The denial has come so flatly that it becomes very difficult for me to disprove it here before the Security Council, unless the Security Council accedes to our request to send a commission to the spot and to find out first whether the allegations brought before the Security Council with regard to the aid given by the Government of Pakistan are correct or incorrect. If they are incorrect, the case falls; if they are correct, then the Security Council should take the necessary steps to advise the Government of Pakistan to desist from such support.

But then, this simple issue has been confused. On the one hand, the Pakistan Government says, “We are not a party to the trouble within the State. The trouble within the State exists because the people are fighting against the mal-administration of the Jammu and Kashmir Government.” Yes, we are fighting, we have been fighting against the mal-administration of that State since 1931. We have been demanding democratisation of the Government there. But how is it that today Pakistan has become the champion of our liberty? I know very well that in 1946, when I raised the cry “Quit Kashmir,” the leader of the Pakistan Government, who is the Governor-General now, Mr.Mohammed Ali Jinnah, opposed my Government, declaring that this movement was a movement of a few renegades and that Muslims as such had nothing to do with the movement.

The Muslim Conference, which has been talked about so much, opposed my movement and declared its loyalty to the Prince. The representative of Pakistan now says that Sheikh Abdullah, once the supporter of “Quit Kashmir”, has joined hands with the Maharaja of Kashmir, and that in one of my public speeches I declared that I wanted the Maharaja to be the Maharaja of Jammu and Kashmir-not the Maharaja of Jammu only, but the Maharaja of entire State.

I should like to correct the misreporting of my speech. I did deliver that speech in Jammu, which is the winter capital of our country, but it was in a different context. As the members of the Security Council have already heard from the head of my delegation, some massacres did occur in the Jammu Province. After the Kashmir Province was raided by the tribesmen, and after thousands of Hindus and Sikhs were uprooted from the villages and towns in the Kashmir Province and found their way into the Jammu Province, there was some very bad retaliation. I could not go to Jammu Province to control that situation because I was busy with the raiders in Kashmir Province. However, as soon as I had some time, I flew down to Jammu Province, addressed a gathering of 60,000 Hindus and Sikhs in Jammu city, and gave them some plain advice.

I told them clearly that this policy of retaliation would bring no good to them as Hindus and Sikhs and would bring no good to their leader, because while they could retaliate in one or two districts where they formed the majority, and could even wipe out the Muslim population in these one or two districts, the State happens to have a population which is 80 per cent Muslim, and it would be impossible for them to wipe out the entire Muslim population. The result would be that the Prince, whom they wanted to support, would remain the Prince of only two districts, and not of the entire State of Jammu and Kashmir. I told them that if they wanted him to be the Prince of Jammu and Kashmir, they would have to change their behaviour. That was the speech I delivered, and that was the context in which it was made.

However, I have already stated how this trouble started. It is probable that the representative of Pakistan would admit that when India was divided into two parts, my colleagues and I were all behind prison bars. The result of this division of India was to start massacre on either side. Where Muslims in the West Punjab formed the majority, the killing of Hindus and Sikhs started and this was retaliated in East Punjab. All along our border, massacres of Hindus and Sikhs, on the one hand, and Muslims on the other hand were a daily occurrence. But the State of Jammu and Kashmir, and its people, kept calm. The result was that thousands of refugees, both Muslims and Hindus, sought refuge in our State and we rendered every possible help to all of them.

Why was that so? It was because I and my organisation never believed in the formula that Muslims and Hindus form separate nations. We do not believe in the two-nation theory, nor in communal hatred or communalism itself. We believed that religion had no place in politics. Therefore, when we launched our movement of “Quit Kashmir”, it was not only Muslims who suffered, but our Hindu and Sikh comrades as well. That created a strong bond of unity between all the communities, and the result was that while Hindus, Sikhs and Muslims were fighting each other all along the border, the people of Jammu and Kashmir State — Muslims, Hindus and Sikhs alike-remained calm.

The situation was worsening day by day and the minority in our State was feeling very nervous. As a result, tremendous pressure was brought to bear upon the State administration to release me and my colleagues. The situation outside demanded the release of workers of the National Conference, along with its leader, and we were accordingly set free.

Immediately we were liberated from prison we were faced with the important question of whether Kashmir should accede to Pakistan, accede to India, or remain independent, because under the partition scheme these three choices were open us as, indeed, they were open to every Indian State. The problem was a very difficult one, but I advised the people of my country that although the question was very important to us, it was a secondary consideration. The all important matter for us was our own liberation from the autocratic rule of the Prince for which we were fighting and had been fighting for the past seventeen years. We had not achieved that goal, and therefore I told my people that we must do so first. Then, as free men we should have to decide where our interest lay. Being a frontier State, Kashmir has borders with both Pakistan and India, and there are advantages and disadvantages for the people of Kashmir attached to each of the three alternatives to which I have referred.

Naturally, as I have indicated, we could not decide this all important issue before achieving our own liberation, and our slogan became “Freedom before accession”. Some friends from Pakistan met mein Srinagar. I had a heart- to- heart discussion with them and explained my point of view. I told them in plain words that, whatever had been the attitude of Pakistan towards our freedom movement in the past, it would not influence us in our judgement. Neither the friendship of Pandit Jawahar Lal Nehru and of Congress, nor their support of our freedom movement, would have any influence upon our decision if we felt that the interests of four million Kashmiris lay in our accession to Pakistan.

I requested them not to precipitate this decision upon us but to allow us time, supporting our movement for the while. I added that once we were free they should allow us an interval to consider this all important issue. I pointed out that India had accepted this point of view and was not forcing us to decide. We had, in fact, entered into a standstill agreement with both Pakistan and India, but the leader of the Indian delegation has already explained to the Security Council what Pakistan did to us.

While I was engaged in these conversations and negotiations with friends from Pakistan, I sent one of my colleagues to Lahore, where he met the Prime Minister of Pakistan, Mr. Liaqat Ali Khan, and other high dignitaries of the West Punjab Government. He placed the same point of view before them and requested that they should allow us time to consider this vital question, first helping us to achieve our liberation instead of forcing us to declare our decision one way or the other. Then, one fine morning while these negotiations were proceeding, I received news that a full-fledged attack had been carried out by the raiders on Muzaffarabad, frontier town in the Kashmir Province.

The representative of Pakistan has stated that immediately upon my release I went down to Delhi to negotiate the accession of Kashmir to India. That is not a fact. He probably does not know that while in jail I was elected President of the All India States People’s Conference, and that immediately upon my release I had to take up my duties. Accordingly, I had called a meeting of the executive of that Conference in Delhi, a fact which I had conveyed to the Prime Minister of Pakistan. Indeed, I had told the Prime Minister of Pakistan that immediately upon my return from Delhi I should take the opportunity of meeting him personally to discuss my point of view with him. I did not go to Delhi to conclude any agreement on behalf of Kashmir because, although released, I was still considered a rebel.

I might inform the representative of Pakistan that although I am beyond doubt the head of the Administration of Kashmir State, I am not the Prime Minister. I am head of the Emergency Administration, and that not because the Maharaja of Kashmir wished it. In fact, I do not know whether the Maharaja wishes it even now. I hold the position because the people of my country wish me to be at the helm of affairs in Jammu and Kashmir State.

When the raiders came to our land, massacred thousands of people—mostly Hindus and Sikhs, but Muslims, too—abducted thousands of girls, Hindus, Sikhs and Muslims alike, looted our property and almost reached the gates of our summer capital, Srinagar, the result was that the civil, military and police administrations failed. The Maharaja, in the dead of night, left the capital along with his courtiers, and the result was absolute panic. There was no one to take over control. In that hour of crisis, the National Conference came forward with its 10,000 volunteers and took over the administration of the country. They started guarding the banks, the offices and houses of every person in the capital. This is the manner in which the administration changed hands. We were de facto in charge of the administration. The Maharaja, later on, gave it a legal form.

It is said that Sheikh Abdullah is a friend of Pandit Jawahar Lal Nehru. Yes, I admit that. I feel honoured that such a great man claims me as his friend. And he happens to belong to my own country;he is also a Kashmiri, and blood is thicker than water. If JawaharLal Nehru gives me that honour, I cannot help it. He is my friend. But that does not mean that, because of his friendship, I am going to betray the millions of my people who have suffered along with me for the last seventeen years and sacrifice the interests of my country. I am not a man of that calibre.

I was explaining how the dispute arose—how Pakistan wanted to force this position of slavery upon us. Pakistan had no interest in our liberation or it would not also have opposed our freedom movement. Pakistan would have supported us when thousands of my countrymen were behind bars and hundreds were shot to death. The Pakistani leaders and Pakistani papers were heaping abuse upon the people of Kashmir who were suffering these tortures.

Then suddenly, Pakistan comes before the bar of the world as the champion of the liberty of the people of Jammu and Kashmir. The world may believe this, but it is very difficult for me to believe. When we refused the coercive tactics of Pakistan, it started full fledged aggression and encouraged the tribesmen in this activity. It is absolutely impossible for the tribesmen to enter our territory without encouragement from Pakistan, because it is necessary to pass through Pakistan territory to reach Jammu and Kashmir. Hundreds of trucks, thousands of gallons of petrol, thousands of rifles, ammunition, and all forms of help that an army requires, were supplied to them. We know this. After all, we belong to that country. What Pakistan could not achieve by the use of economic blockade it wanted to achieve by full-fledged aggression.

What do we request? We request nothing more than that the Security Council should send some members to this area to see for themselves what is happening there. If Pakistan comes forward and says, “We question the legality of accession”, I am prepared to discuss whether or not the accession of Jammu and Kashmir to India was legal. However, now they say, “We want a plebiscite, we want to obtain the free and unfettered opinion of the people of Kashmir. There should be no pressure exerted on the people and they should make the free choice as to the State to which they wish to accede.”

Not only this the offer that was made by the people of Kashmir to Pakistan long, long ago, but it is the offer made by the Prime Minister of India at a time, I think, he had not the slightest need for making it, as Kashmir was in distress.

We realised that Pakistan would not allow us any time, that we had either to suffer the fate of our kith and kin of Muzaffarabad, Baramulla, Srinagar and other towns and villages, or to seek help from some outside authority.

Under these circumstances, both the Maharaja and the people of Kashmir requested the Government of India to accept our accession. The Government of India could have easily accepted the accession and could have said, “All right we accept your accession and we shall render this help.” There was no necessity for the Prime Minister of India to add the proviso, when accepting the accession, that India does not want to take advantage of the difficult situation in Kashmir. We will accept this accession, without Kashmir’s acceding to the Indian Dominion, we are not in a position to render any military help. But once the country is free from the raiders, marauders and looters, this accession will be subject to ratification by the people. That was the offer made by the Prime Minister of India.

That was the same offer which was made by the people of Kashmir to the Government of Pakistan, but it was refused because at that time Pakistan felt that it could, within a week, conquer the entire Jammu and Kashmir State and then place the fait accompli before the world, just as happened some time ago in Europe. The same tactics were used.

But having failed in these tactics, Pakistan now comes before the bar of the world, pleading, “We want nothing, we only want our people to be given a free hand in deciding their own fate. And in deciding their own fate, they must have a plebiscite.”

They then continue and say, “No, a plebiscite cannot be fair and impartial unless and until there is a neutral administration in the State of Jammu and Kashmir.” I have failed to understand this terminology with reference to a “neutral administration”. After all what does “neutral administration” mean?

The representative of Pakistan has stated that Sheikh Abdullah, because he is a friend of Jawahar Lal Nehru, because he has had sympathy for the Indian National Congress, because he has declared his point of view in favour of accession to India, and because he is head of the Emergency Administration, cannot remain impartial. Therefore, Sheikh Abdullah must depart.

Let us suppose that Sheikh Abdullah goes, who is to replace Sheikh Abdullah ? It will be someone amongst the 4 million people of the State of Jammu and Kashmir. But can we find anyone among these 4 million people whom we can call impartial? After all, we are not logs of wood, we are not dolls. We must have an opinion one way or the other. The people of Kashmir are either in favour of Pakistan or in favour of India.

Therefore, Pakistan’s position comes down to this that the 4 million people of that State should have no hand in running the administration of their own country. Someone else must come in for that purpose. Is that fair ? Is that just ? Do the members of the Security Council wish to oust the people of Kashmir from running their own administration and their own country ? Then, for argument’s sake, let us suppose that the 4 million people of the State of Jammu and Kashmir agree to have nothing to do with the administration of their country; some one else must be brought into the country for this purpose. From where do the members of the Security Council propose that such a neutral individual may be secured? From India? No, from Pakistan? No, from anywhere in the world? No, frankly speaking, even if the Security Council were to request Almighty God to administer the State of Jammu and Kashmir during this interim period, I do not feel that He could act impartially. After all, one must have sympathy either for this side or that side.

If elections were to be held in the United Kingdom sometime after tomorrow with the Labour Government in power, would anyone say to Mr Attlee: “The elections are now going on. Because you happen to belong to Labour Party, your sympathies will be in favour of the Labour vote. Therefore, you had better clear out. We must have a neutral man as Prime Minister until our elections are finished?

However, we have been told that Sheikh Abdullah must walk out because he has declared his point of view in favour of India. Therefore, he cannot be impartial. We must have some impartial man we must have some neutral man.

As I have submitted to the members of the Security Council, Sheikh Abdullah happens to be there because the people wish it. As long as the people wish it, I shall be there. There is no power on earth which can displace me from the position which I have there. As long as the people are behind me, I will remain there.

We have declared once for all, that there shall be freedom of voting and for that purpose we have said, “Let anyone come in, we have no objection. Let the Commission of the Security Council on India come into our State and advise us how we should take a vote, how we should organize it, and how it can be completely impartial. We have no objection.” My Government is ready to satisfy, to the last comma, the impartiality of the vote.

But to have an impartial vote is one thing; to have a say in the administration of the State is a different thing entirely. After all, with what are we concerned? We are concerned only with the fact that no influence shall be exercised over the voters, either in one way or in another. The people shall be free to vote according to their own interests. We are ready to accede to that.

It is then said: “You cannot have freedom of voting as long as the Indian Army remains in the State of Jammu and Kashmir.” It is probably very difficult for me to draw a full picture of what is going on in that country. There is absolute chaos in certain parts of the country, fighting is going on and thousands of tribesmen are there ready to take advantage of any weakness on the part of the State of Jammu and Kashmir.

Once we ask the Indian Army, which is the only protective force in Kashmir against these marauders, to clear out, we leave the country open to chaos. After all, one who has suffered for the last seventeen years, in attempting to secure the freedom and liberation of his own country, would not like an outside army to come in and to remain in the country.

However, what is the present situation? If I ask the Indian Army to clear out, how am I going to protect the people from the looting, arson, murder and abduction with which they have been faced all these long months? What is the alternative? here need be no fear since the Indian Army is there, that this army will interfere in the exercise of a free vote. After all, a Commission of the Security Council will be there in order to watch. The Indian Army does not have to go into every village. It will be stationed at certain strategic points, so that in the event of danger from any border, the Army will be there to protect that border. The army is there to curb disorders anywhere in the State; that is all. The army will not be in each and every village in order to watch each and every vote.

It is then said: “Can we not have a joint control ? Can we not have the armies of Pakistan and India inside the State in order to control the situation ?” This is an unusual idea. What Pakistan could not achieve through ordinary means, Pakistan wishes to achieve by entering through the back door, so that it may have its armies inside the State and then start the fight. That is not possible. After all, we have been discussing the situation in Kashmir. I should say that we have been playing the drama of Hamlet without the Prince of Denmark. The people of Kashmir are vitally interested in this question. Four million people in Kashmir are keenly interested in this entire affair. I have sympathies with the people of Poonch and Mirpur. The representative of Pakistan will probably concede that I have suffered greatly for the people of Poonch as well as for the people of Mirpur. There is no difference on this part of international democratisation of the administration between me, my party and the people of Poonch. We are one, we want our own liberty, we want our own freedom, we do not want autocratic rule. We desire that the 4 million people in Jammu and Kashmir—Hindus, Sikhs and Muslims— shall have the right to change their destiny, to control their country, and to administer it as best as they can. On that point there is absolutely no difference.

However, it is not a question of internal liberation. The Security Council should not confine the issue. The question is not that we want internal freedom, the question is not how the Maharaja got his State, or whether or not he is sovereign. These points are not before the Security Council. Whether Kashmir has lawfully acceded to India—complaints on that score have been brought before the Security Council on behalf of Pakistan—is not the point at issue. If that were the point at issue, then we should discuss that subject. We should prove before the Security Council that Kashmir and the people of Kashmir have lawfully and constitutionally acceded to the Dominion of India and Pakistan has no right to question that accession. However, that is not the discussion before the Security Council.

Indian and Kashmiri forces are ready to deal with tribesmen, to come to an understanding with the people of Kashmir and to establish ademocratic form of government inside the State. We shall do all that. We do not want Pakistan to lend us support to suppress an internal revolt or to drive out the tribesmen. We do not seek any support from Pakistan in that connection. Since Pakistan is a neighbouring country, we desire to remain on the friendliest possible terms with this sister Dominion. But we do ask that Pakistan shall have no hand, directly or indirectly, in this turmoil in Kashmir. The Government of Pakistan has said: “We have no hand in this turmoil.” The only course left to the Security Council is to send out the commission and to see whether or not Pakistan has any hand in this turmoil. If Pakistan has had any hand in this turmoil, then the Government of Pakistan should be asked to desist from such activity. If Pakistan has had no hand in this turmoil, then that can be proved.

This issue has been clouded by very many other issues and interests. I suggested at informal talks that according to my understanding there are two points at issue, first, how to have this neutral impartial administration; second, whether or not the Indian Army shall remain. It is not at all disputed that we must have a plebiscite and that the accession must be ratified by the people of Kashmir, freely and without any pressure on this or that side. That much is conceded, there is no dispute about that. The dispute arises when it is suggested that in order to have the free vote, the administration must be changed. To that suggestion we say, “No.”

I do not know what course future events will take. However, I may assure the Security Council that, if I am asked to conduct the administration of this State, it will be my duty to make the administration absolutely impartial. It will be my duty to request my brothers, who are in a different camp at this time, to come to lend me support. After all, they are my own kith and kin. We suffered together, we have no quarrel with them. I shall tell them: “Come on; it is my country; it is your country. I have been asked to administer the State. Are you prepared to lend me support? It is for me to make the administration successful; it is for me to make the administration look impartial.” It is not for Pakistan to say “No, we must have an impartial administration.” I refuse to accept Pakistan as a party in the affairs of the Jammu and Kashmir State. I refuse this point blank. Pakistan has no right to say that we must do this and we must do that. We have seen enough of Pakistan. The people of Kashmir have seen enough. Muzaffarabad and Baramulla and hundred of villages in Jammu and Kashmir depict the story of Pakistan to the people of Jammu and Kashmir. We want to have no more of this.

In concluding, I again request that in order to settle this issue of Kashmir, the Security Council should not confuse the point in dispute. The Security Council should not allow various other extraneous matters to be introduced. Very many extraneous matters have been introduced. The representative of Pakistan gave us the history of the Jammu and Kashmir State. He read to us some letters from Viceroys of India, asking the Maharaja of Jammu and Kashmir to behave, giving the Maharaja good advice, et cetera. However, we cannot forget that these States are the creation of British imperialism in India who has supported these states and this misrule for these 150 years? It is not going to convince me or the world for the representative of Pakistan to say: “These events have happened and these letters were written.” We know how the Princes have acted, how the states were brought into existence, and how the Princes were supported. This was all a game in the British imperialist policy. But this legacy has now fallen upon us. We are not here to discuss whether or not the Maharaja lawfully became the ruler of the State, whether or not there is moral administration in this State, whether or not the Maharaja is sovereign and whether or not Kashmir has legally acceded to India. These issues are not before the Security Council. The only issue before the Security Council is that Pakistan must observe its international obligations and must not support any outside raiders.

Pakistan should not encourage inside revolt. Pakistan has denied that it has in order to verify the statements made by the representatives of India and Pakistan, the Security Council must send a commission to the spot to see whether the complaint brought before the Security Council is valid or invalid. If the Security Council finds that the complaint brought before it by India is valid, then Pakistan should be asked to desist or India should be permitted to use its means to carry out the decision of the Security Council.

As far as I can speak on behalf of India, India does not want the help of the armies of Pakistan. What it wants from Pakistan is that Pakistan should not supply bases to the raiders on Pakistan territory across the border from Jammu and Kashmir State. All along the border on Pakistan territory, there are huge concentrations of these tribesmen who are Pakistani nationals. We request Pakistan not to allow its territory to be used by these raiders.

Pakistan should not provide ammunition, arms, direction and control to these tribesmen. It should stop the passage of these tribesmen through its territory. Pakistan should not supply arms and ammunition to the people who are fighting within the State because all these matters fall under an international obligation. Therefore, Pakistan should desist from that practice. That is all. We do not want any armed help from Pakistan. If Pakistan does what we have requested, the Indian Army, I am quite sure, will be capable of driving out the raiders and tribesmen. If Pakistan does not meddle in our affairs, we will be capable of solving all our own internal disputes with the Maharaja of Kashmir. However, as long as this unofficial war continues, it is very difficult for us to do any thing. Our hands are tied.

What is happening? The raiders are concentrated just across the border. They enter our State in large number—four or five thousand strong. They raid four or five villages, burn them, abduct women and loot property. When our army tries to capture them, they go across the border, and can not fire a single shot across the border, because if it does, there is the immediate danger of a greater conflagration. So our hands are tied.

We do not want to create this difficult situation without informing the Security Council and we felt honour-bound to inform it of the actual position. The Indian Army could easily have followed the raiders across the border and could have attacked the bases, which were all in Pakistan territory, but it desisted. We thought it would be better to inform the Security Council of the situation.

However, I did not have the slightest idea that when the case came before the Security Council, the representative of Pakistan would so boldly deny that Pakistan supplied all this help. Everybody knows that Pakistan is aiding these raiders and tribesmen and the people who are fighting with the State. However, Pakistan chose boldly to deny all these charges.

What is left for me to do? After all, I do not have any magic lamp so that I might bring the entire picture of Jammu and Kashmir State, along with the borders of Pakistan, before the eyes of the members of the Security Council so that they might see who is fighting and who is not fighting. Therefore, somebody must go to the spot. Then at that time it would be for us to prove that the charges we have brought before the Security Council are correct to the last word. That is the only help we want and no other help.”

 

 

 

Thirdly, though by no means lastly, may be placed the 14 August 1951 Memorandum of  prominent Muslims led by Dr Zakir Hussain to the UN Representative Dr. Frank P. Graham:

“It is a remarkable fact that, while the Security Council and its various agencies have devoted so much time to the study of the Kashmir dispute and made various suggestions for its resolution, none of them has tried to ascertain the views of the Indian Muslims nor the possible effect of any hasty step in Kashmir, however well-intentioned, on the interests and well- being of the Indian Muslims. We are convinced that no lasting solution for the problem can be found unless the position of Muslims in Indian society is clearly understood.

Supporters of the idea of Pakistan, before this subcontinent was partitioned, discouraged any attempt to define Pakistan clearly and did little to anticipate the conflicting problems which were bound to arise as a result of the advocacy of the two-nation theory. The concept of Pakistan, therefore, became an emotional slogan with little rational content. It never occurred to the Muslim League or its leaders that if a minority was not prepared to live with a majority on the sub- continent, how could the majority be expected t o tolerate the minority.

It is, therefore, small wonder that the result of partition has been disastrous to Muslims. In undivided India, their strength lay about 100 million. Partition split up the Muslim people, confining them to the three isolated regions. Thus, Muslims number 25 million in Western Pakistan, 35 million to 40 million in India, and the rest in Eastern Pakistan. A single undivided community has been broken into three fragments, each faced with its own problems.

Pakistan was not created on a religious basis. If it had been, our fate as well as the fate of other minorities would have been settled at that time. Nor would the division of the sub- continent for reasons of religion have left large minorities in India or Pakistan.

This merely illustrates what we have said above, that the concept of Pakistan was vague, obscure, and never clearly defined, nor its likely consequences foreseen by the Muslim League, even when some of these should have been obvious.

When the partition took place, Muslims in India were left in the lurch by the Muslim League and its leaders. Most of them departed to Pakistan and a few who stayed behind stayed long enough to wind up their affairs and dispose of their property. Those who went over to Pakistan left a large number of relations and friends behind.

Having brought about a division of the country, Pakistan leaders proclaimed that they would convert Pakistan into a land where people would live a life according to the tenets of Islam. This created nervousness and alarm among the minorities living in Pakistan. Not satisfied with this, Pakistan went further and announced again and again their determination to protect and safeguard the interests of Muslims in India. This naturally aroused suspicion amongst the Hindus against us and our loyalty to India was questioned.

Pakistan had made our position weaker by driving out Hindus from Western Pakistan in utter disregard of the consequences of such a policy to us and our welfare. A similar process is in question in Eastern Pakistan from which Hindus are coming over to India in a large and large number.

If the Hindus are not welcome in Pakistan, how can we, in all fairness, expect Muslims to be welcomed in India ? Such a policy must inevitably, as the past has already shown, result in the uprooting of Muslims in this country and their migration to Pakistan where, as it became clear last year, they are no longer welcome, lest their influx should destroy Pakistan’s economy. Neither some of the Muslims who did migrate to Pakistan after partition, and following the widespread bloodshed and conflict on both sides of the Indo-Pakistan border in the north- west, have been able to find a happy asylum in what they had been told would be their homeland. Consequently some of them have had to return to India, e.g. Meos who are now being rehabilitated in their former areas.

If we are living honourably in India today, it is certainly not due to Pakistan which, if anything, has by her policy and action weakened our position. The credit goes to the broadminded leadership of India, to Mahatma Gandhi and Pandit Jawaharlal Nehru, to the traditions of tolerance in this country and to the Constitution which ensures equal rights to all citizens of India, irrespective of their religion caste, creed, colour or sex.

We, therefore, feel that, tragically as Muslims were misled by the Muslim League and subsequently by Pakistan and the unnecessary suffering which we and our Hindu brethren have to go through in Pakistan and in India since partition, we must be given an opportunity to settle down to a life of tolerance and understanding to the mutual benefit of Hindus and Muslims in our country – if only Pakistan would let us do it. To us it is a matter of no small consequence.

Despite continuous provocations, first from the Muslim League and since then from Pakistan, the Hindu majority in India has not thrown us or members of other minorities out of Civil Services, Armed Forces, the judiciary, trade, commerce, business and industry. There are Muslim Ministers in the Union and State cabinets, Muslim Governors, Muslim Ambassadors, representing India in foreign countries, fully enjoying the confidence of the Indian nation, Muslim members in Parliament and state legislatures, Muslim judges serving on the Supreme Court and High Courts, high-ranking officers in the Armed Forces and the Civil services, including the police.

Muslims have large landed estates, run big business and commercial houses in various parts of the country, notably in Bombay and Calcutta, have their shares in industrial production and enterprise in export and import trade. Our famous sacred shrines and places of cultural interest are mostly in India.

Not that our lot is certainly happy. We wish some of the state Governments showed a little greater sympathy to us in the field of education and employment. Nevertheless, we feel we have an honourable place in India. Under the law of the land, our religious and cultural life is protected and we shall share in the opportunities open to all citizens to ensure progress for the people of this country.

It is, therefore, clear that our interest and welfare do not coincide with Pakistan’s conception of the welfare and interests of Muslims in Pakistan.

This is clear from Pakistan’s attitude towards Kashmir. Pakistan claims Kashmir, first, on the ground of the majority of the State’s people being Muslims and, secondly, on the ground, of the state being essential to its economy and defence. To achieve its objective it has been threatening to launch “Jihad” against Kashmir in India. It is a strange commentary on political beliefs that the same Muslims of Pakistan who like the Muslims of Kashmir to join them invaded the state, in October 1947, killing and plundering Muslims in the state and dishonouring Muslim women, all in the interest of what they described as the liberation of Muslims of the State. In its oft-proclaimed anxiety to rescue the 3 million Muslims from what it describes as the tyranny of a handful of Hindus in the State, Pakistan evidently is prepared to sacrifice the interests of 40 million Muslims in India – a strange exhibition of concern for the welfare of fellow- Muslims. Our misguided brothers in Pakistan do not realise that if Muslims in Pakistan can wage a war against Hindus in Kashmir why should not Hindus, sooner or later, retaliate against Muslims in India.

Does Pakistan seriously think that it could give us any help if such an emergency arose or that we would deserve any help thanks to its own follies ? It is incapable of providing room and livelihood to the 40 million Muslims of India, should they migrate to Pakistan. Yet its policy and action, if not changed soon, may well produce the result which it dreads.

We are convinced that India will never attack our interests. First of all, it would be contrary to the spirit animating the political movement in this country. Secondly, it would be opposed to the Constitution and to the sincere leadership of the Prime Minister. Thirdly, India by committing such a folly would be playing straight into the hands of Pakistan.

We wish we were equally convinced of the soundness of Pakistan’s policy. So completely oblivious is it of our present problems and of our future that it is willing to sell us into slavery – if only it can secure Kashmir.

It ignores the fact that Muslims in Kashmir may also have a point of view of their own, that there is a democratic movement with a democratic leadership in the State, both inspired by the progress of a broad minded, secular, democratic movement in India and both naturally being in sympathy with India. Otherwise, the Muslim raiders should have been welcomed with open arms by the Muslims of the State when the invasion took place in 1947.

Persistent propaganda about “Jihad” is intended, among other things, to inflame religious passions in this country. For it would, of course, be in Pakistan’s interests to promote communal rioting in India to show to Kashmiri Muslims how they can find security only in Pakistan. Such a policy, however, can only bring untold misery and suffering to India and Pakistan generally and to Indian Muslims particularly. Pakistan never tires of asserting that it is determined to protect the interests of Muslims in Kashmir and India. Why does not Pakistan express the same concern for Pathans who are fighting for Pakhtoonistan, an independent homeland of their own ? The freedom-loving Pathans under the leadership of Khan Abdul Gaffar Khan and Dr. Khan Sahib, both nurtured in the traditions of democratic tolerance of the Indian National Congress, are being subjected to political repression of the worst possible kind by their Muslim brethren in power in Pakistan and in the NWFP. Contradictory as Pakistan’s policy generally is, it is no surprise to us that while it insists on a fair and impartial plebiscite in Kashmir, it denies a fair and impartial plebiscite to Pathans.

Pakistan’s policy in general and her attitude towards Kashmir is particular thus tend to create conditions in this country which in the long run can only bring to us Muslims widespread suffering and destruction. Its policy prevents us from settling down, from being honourable citizens of a State, free from suspicion of our fellow-countrymen and adapting ourselves to changing conditions to promote the interests and welfare of India. Its sabre-rattling interferes with its own economy and ours. It expects us to be loyal to it despite its impotence to give us any protection, believing at the same time that we can still claim all the rights of citizenship in a secular democracy.

In the event of a war, it is extremely doubtful whether it will be able to protect the Muslims of East Bengal who are completely cut off from Western Pakistan. Are the Muslims of India and Eastern Pakistan to sacrifice themselves completely to enable the 25 million Muslims in Western Pakistan to embark upon mad, self-destructive adventures?

We should, therefore, like to impress upon you with all the emphasis at our command that Pakistan’s policy towards Kashmir is fraught with the gravest peril to the 40 million Muslims of India. If the Security Council is really interested in peace, human brotherhood and international understanding, it should heed this warning while there is still time.

Dr. Zakir Hussain (Vice Chancellor Aligarh University); Sir Sultan Ahmed (Former Member of Governor General’s Executive Council); Sir Mohd. Ahmed Syed Khan(Nawab of Chhatari, former acting Governor of United Provinces and Prime Minister of Hyderabad); Sir Mohd. Usman (Former member of Governor General’s Executive council and acting Governor of Madras); Sir Iqbal Ahmed (Former Chief Justice of Allahabad High Court); Sir Fazal Rahimtoola (Former Sheriff of Bombay); Maulana Hafz-ur-Rehman M.P.; Col. B.H. Zaidi M.P.; Nawab Zain Yar Jung (Minister Gcvernment of Hyderabad); A.K. Kawaja (Former President of Muslim Majlis); T.M. Zarif (General Secretary West Bengal Bohra Community)”.

Such have been the most eminent voices of India’s Muslims in times past. Sadly, they have no equivalent today when India’s Muslims need them with greater urgency. (Bollywood or cricketing celebrities hardly substitute!) This fault in the intellectual history of the modern subcontinent has been a principal factor causing the misapprehensions and distortions of Pakistan’s and J&K’s political reality to continue worldwide.

In international law, Pakistan has been the perpetrator, India the victim of aggression in Mumbai

In international law, the attacks on Mumbai would probably reveal Pakistan to have been  the aggressor state, India the victim of aggression.   It is standard law that a “master” is responsible for the misdeeds of his “servant”. E.g., “Where the relation of master and servant clearly exists, the employer is responsible for injury occasioned by the negligent conduct of the servant in carrying out his orders.  And this rule is so extensive as to make the master liable for the careless, reckless and wanton conduct of his servant, provided it be within the scope of his employment”.   President Zardari and Prime Minister Gillani may declare truthfully they had no prior knowledge of the attacks on Mumbai, that these were not in any way authorized by them or their Government.  But it seems likely  on the basis of current evidence that  the young terrorists who attacked Mumbai were still in a “master-servant” relationship with elements of the Pakistani state and had been financed, trained, motivated and supplied by  resources arising, directly or indirectly, from the Pakistani exchequer.   Public moneys in Pakistan came to be used or misused to pay for aggression against India —  in a quite similar pattern to the October 1947 attack on Kashmir, Ayub Khan’s 1965 “Operation Grand Slam”, and Pervez Musharraf’s 1999 attack on Kargil.

And to think that these youth who were made into  becoming terroristic mass murderers were toddlers  when the USSR withdrew from Afghanistan, in primary school when the 1993 WTC bombing happened and adolescents at the time of the 9/11 attacks.

Map of Kashmir to Sinkiang 1944

Serendipity and the China-Tibet-India border problem

Our carpenter completed some new book-cases and this led to our library being churned around a little. I found KPS Menon’s 1947 Delhi-Chungking: A Travel Diary about his 125-day 1944 journey from Delhi through Kashmir and Sinkiang/Xinjiang and “the 8th War Zone” to Chiang Kaishek’s capital at the time, Chung King/Chongqing. I had not read the book properly in decades. Looking at the contents, I found it said there were maps in the inside jacket — something I had never noticed before. Now I found the inner-jacket, put my hand in, and out came two Survey of India maps of Northern India (Kashmir, Baltistan), Sinkiang, China, Tibet….

I shall scan and upload them here within a day or so. It is clear that as of 1947 at least, China and Tibet were distinct on a map.

China’s force and diplomacy: The need for realism in India

China’s force & diplomacy: The need for realism In India

Subroto Roy

First published in The Statesman, Editorial Page Special Article, May 31 2008,

It is almost as large an error to overestimate Chinese military aims and capabilities as it has been to underestimate them. On 8 May 2008 at Tokyo’s Waseda University, China’s President Hu Jintao declared in a speech broadcast live “China has taken a defensive military policy and will not engage in any arms race. We will not become a military threat to any country and we will never assert hegemony or be expansionistic”. This was as clear and authoritative a reply as possible to the June 2005 statement in Singapore of the then American defence minister Donald Rumsfeld: “China appears to be expanding its missile forces, allowing them to reach targets in many areas of the world, not just the Pacific region, while also expanding its missile capacities here in the region. Since no nation threatens China, one must wonder: why this growing investment?”

By 2006, Rumsfeld’s generals were saying China had “the greatest potential to compete militarily with the United States,” and could “field disruptive military technologies that could over time offset traditional US military advantages absent US counter strategies”. The “sizing” of China’s military by American and other Western analysts became a parlour game ~ one with major business implications since the threat perceived or misperceived from China affects American decisions on the size of its own military.

As recently as 13 May 2008, the Wall Street Journal carried opinion that China’s military expansion demanded America have a 1000-ship navy not a 280-ship one, 40 aircraft-carriers not 11, 1000 F-22 aircraft not 183. Exaggerating China’s military and the threat posed by it to the world can mean big business for militaries opposing it!

Dominating India

Communist China’s physical, political and psychological domination of independent India since the 1950s has been achieved more by diplomacy, subterfuge and threat of force than actual military conflict. In its first phase, the policy was expressed clearly by the Chinese Ambassador to New Delhi on 16 May 1959 when he told India’s Foreign Secretary: “Our Indian friends, what is your mind? Will you agree to our thinking regarding the view that China can only concentrate its main attention eastward of China but not south-westward of China, nor is it necessary for it to do so?…. Friends, it seems to us that you, too, cannot have two fronts. Is it not so? If it is, here then lies the meeting point of our two sides. Will you please think it over?” (BN Mullick, Chinese Betrayal, p. 229).

At the time, Pakistan was in military alliances with the USA through CENTO and SEATO, and the Pakistan-China alliance was still years away. The Chinese had used subterfuge to construct their road linking Tibet and Sinkiang through Aksai Chin, ignoring India’s sovereignty, and were now suggesting they had no interest in fighting India because their major military interests were to their east as India’s were towards Pakistan.

The second phase was the short border conflict itself in 1962-63, which consolidated China’s grip on occupied territory in Aksai Chin while establishing its threat to the Brahmaputra Valley that has been perpetuated to this day. The third phase is represented by the 27 November 1974 conversation between Henry Kissinger and Deng Xiaoping, recently made publicly available:

Deng : There’s something very peculiar about Indian policy. For example, that little kingdom Sikkim. They had pretty good control of Sikkim. Why did they annex it?
Kissinger : It is a good thing India is pacifist, I hate to think (of what they would do) if they weren’t. (Laughs).
Deng : Sikkim was entirely under the military control of India.
Kissinger : I haven’t understood Sikkim. It is incomprehensible.
Deng : After the military annexation, their military position was in no way strengthened.
Kissinger : They had troops there already.
Deng : And they haven’t increased their troops since. We published a statement about it. We just spoke for the cause of justice.
Kissinger : Is it true that you set up loudspeakers to broadcast to the Indian troops on the border? It makes them very tense. (Laughs)
Deng : We have done nothing new along the borders, and frankly we don’t fear that India will attack our borders. We don’t think they have the capability to attack our borders. There was some very queer talk, some said that the reason why the Chinese issued that statement about Sikkim was that the Chinese were afraid after Sikkim that India would complete the encirclement of China. Well, in the first place we never feel things like isolation and encirclement can ever matter very much with us. And particularly with India, it is not possible that India can do any encirclement of China. The most they can do is enter Chinese territory as far as the Autonomous Republic of Tibet, Lhasa. And Lhasa can be of no strategic importance to India. The particular characteristic of Lhasa is that it has no air-because the altitude is more than 3,000 metres.
Kissinger : It’s a very dangerous area for drinking mao tai (a Chinese hard liquor).
Deng : Frankly, if Indian troops were able to reach Lhasa, we wouldn’t be able to supply them enough air! (Laughter)
Kissinger : I don’t think their intention is with respect to Tibet, their immediate intention is Nepal.
Deng : That is correct. They have been recently exercising pressure on Nepal, refusing to supply them oil. It is the dream of Nehru, inherited by his daughter, to have the whole subcontinent in their pocket.
Kissinger : And to have buffer zones around their border…. It is like British policy in the 19th Century. They always wanted Tibet demilitarized.
Deng : I believe even the British at that time didn’t make a good estimate of whether there was enough air. (Laughter)
Kissinger : I think an Indian attack on China would be a very serious matter that cannot be explained in terms of local conditions, but only in terms of a broader objective….”

Our self-delusion

The attitude that is revealed speaks for itself, and has been essentially continued by Deng’s successors in the next decades, especially Jiang Zemin and Hu Jintao. It is because China does not perceive a military threat from India that it has agreed to military exercises with us ~ exercises which, if anything, reinforce their psychological dominance by helping to spook our military’s morale. During this third phase also, China went about systematically creating a major military threat to India in its support of Pakistan’s military, exploiting our subcontinent’s communal conflicts fully to its own strategic advantage.

China has been engaged for more than a decade now in a massive exercise of modernisation of its armed forces, improving productivity, technology, organisation and discipline while trying to cut corruption. It has a right to do so, and such modernisation does not in and of itself signal aggressive intent. The last aggressive war China fought was almost 30 years ago against Vietnam. It is possible that what simply explains the military modernisation (besides conflict with Taiwan) is China’s awful history of being exploited by foreign powers over the centuries.

Indian analysts have expressed concern about nuclear submarines based in Hainan; but where else would China put them? We delude ourselves if we think we are the guardians of the Straits of Malacca. We may do better being concerned to try to modernise, improve productivity and reduce corruption in our own forces, as well as integrate them better with national goals as China has done instead of continuing to maintain them in a rather old-fashioned colonial / imperial manner.

China’s Secretly Built 1957 Road Through India’s Aksai Chin

This map accompanied my article Lessons from the 1962 War published in The Sunday Statesman of January 13 2008:

aksaichinroad.jpg

Pakistan’s Kashmir obsession

(Author’s Note: This article was preceded by several others e.g. “Saving Pakistan”, “Understanding Pakistan”, “Pakistan’s Allies”, “Law, Justice & J&K”, “Solving Kashmir” , and has been followed by “Two Cheers for Pakistan”.)

Pakistan’s Kashmir obsession
Sheikh Abdullah Relied In Politics On The French Constitution, Not Islam

Subroto Roy

First published in The Statesman, Feb 16 2008, Editorial Page Special Article

Indians would be naïve to suppose Pervez Musharraf has at any point shown friendliness towards India or willingness to come to a genuine permanent agreement over J&K fully consistent with law and justice. Musharraf tells everyone and himself every day that he is a soldier, and it is well to remember he is from the last generation of Pakistan military men motivated by visceral hatred of the Indian Union and a wish to inflict any kind of defeat upon us. Pakistan’s new Army Chief, General Ashfaq Kayani, being a decade younger than Musharraf, may have a less irrational, less belligerent outlook towards India, and it would be a wise Indian move to invite him officially to visit and receive the normal courtesies and honours due to a foreign military chief.

Musharraf, like Ariel Sharon, was visibly uncomfortable with the Hindu rituals we compel foreign leaders to carry out at Mahatma Gandhi’s Memorial; but General Kayani would visit purely as a military chief and not have to make any political gestures.

Lion of Kashmir

As long as Musharraf remains in power, we may expect him to continue to be motivated by his overtly anti-Indian 12 January 2002 speech. Yes, he said, Pakistan would cooperate against terrorism but it expected the USA to reciprocate by pressuring India on Jammu & Kashmir. “Kashmir runs in our blood. No Pakistani can afford to sever links with Kashmir… We will continue to extend our moral, political and diplomatic support to Kashmiris. We will never budge from our principle (sic) stand on Kashmir. Kashmir has to be resolved through dialogue in accordance with the wishes of the people of Pakistan (sic) and in accordance with the UN resolutions.” (BBC 12 January, 2002, Musharraf speech highlights). Pakistan’s first Prime Minister, Liaquat Ali Khan, during his 1950 visit to the USA had claimed “culturally… Kashmir ~ 80 per cent of whose people like the majority of the people in Pakistan are Muslims ~ is in fact an integral part of Pakistan”.

Now, as a matter of fact, Kashmir does not “run in the blood” of Pakistanis nor do the many diverse and ancient cultures of Jammu & Kashmir have much to do with that of a relatively newly created country like Pakistan. It was because Sheikh Mohammad Abdullah knew this and bluntly said so often enough, including at the UN, that Liaquat called him a “Quisling” and the Pakistan Government routinely defamed him as an “Indian stooge”. Yet the Sheikh was known by all in Srinagar Valley as the “Lion of Kashmir”, and had been the acknowledged voice of Muslim political awakening in the Valley ever since 1931.

J&K’s democracy today is the principal political legacy of Sheikh Abdullah. The Pakistan Government to this day denies legitimacy to the elected Government and Opposition of Indian J&K despite there never having been in the history of Pakistan a change of government more democratic in nature than that which occurred in J&K in 2002, bringing in the PDP-Congress Government in place of the National Conference.

Before Pakistan had started its series of military coups, Abdullah had led J&K to adopt an exemplary Constitution and ratify the State’s joining of the new Indian Union. The unbridgeable gulf between Abdullah and the Pakistan Government arose because Abdullah, a Koran scholar and devout Muslim known to intersperse his political speeches with Koranic wisdom, relied for J&K’s constitutional principles not on Islam but rather on the French Constitution. Pakistan’s constitutions by contrast say Pakistan’s sovereignty belongs to Almighty God, leading to perennial confusion over the mundane business of governance here on Planet Earth.

It was the tragic depraved Rahmat Ali, driven by his deep personal anti-Hindu bigotry, who put the “K” into “P, A, K, I, S, T, A, N” purportedly representing “Kashmir”. In his crank view of history, all of Punjab, Afghanistan, Iran, “Tukharistan” (sic) and more would be part of Pakistan too.

The new country might have been better named after a person (as are Colombia, America, Israel), viz., “Iqbalistan” after Mohammad Iqbal who conceived it. It was Iqbal’s seminal 1930 speech to the Muslim League at Allahabad that described the areas (aside from Indian Punjab) that actually constitute post-1971 Pakistan: “I would like to see the Punjab, Northwest Frontier Province, Sind and Baluchistan amalgamated into a single state. Self-government within the British Empire or without the British Empire, the formation of a consolidated North West Indian Muslim state appears to me to be the final destiny of the Muslims at least of Northwest India”. “Dar-e-Islami-Hind”, “Indus Islamic Republic”, “Indic Islamabad” or “Republic of North-Western India” also may have been alternatives to the random acronym Rahmat Ali coined in 1933 on a London bus.

Though Kashmiri himself, Iqbal made no reference to J&K or any of the so-called “princely states” (nor to what became East Pakistan). The legal theory later sold by Britain to both India and Pakistan was that a “Lapse of Paramountcy” over “princely states” would occur on 15 August 1947 before or after which their rulers must “accede” to one or other new Dominion of Britain’s Commonwealth. BR Ambedkar in a brilliant analysis showed this to be erroneous in law: “paramountcy” over any “princely states” which had not acceded passed automatically to the legal successor state of British India, and that was the Dominion of India.

The Dominion of Pakistan was a new state in international law, created out of certain designated territories of British India the day before British India extinguished itself. If, for example, Chitral or Junagadh acceded to Pakistan after that date, it would have to be with the acquiescence of British India’s legal successor, namely, the Dominion of India ~ an acquiescence granted in case of Chitral and denied in case of Junagadh. In case of J&K, all such matters became moot once hostilities broke out between India and Pakistan following the tribal invasion of J&K from Pakistan that commenced October 22 1947; Pakistan’s plan to take over Gilgit by force had been made months before that. The erstwhile State of J&K descended into civil war and chaos, becoming an ownerless entity whose territories came to be carved up by force of arms by both new countries (and in case of uninhabited Aksai Chin, by Communist China also some years later).

Bloated military
Pakistan’s failure to properly develop as a state today ~ in particular allowing its military to bloat in size relative to other social and political institutions and even to possess nuclear weapons intended against the Indian Union ~ has resulted out of the neurotic obsession with Kashmir. India owes a democratic responsibility to residents of the Indian State of J&K to choose their nationality freely under conditions of full information and individual privacy; if some, like Syed Geelani, choose to renounce Indian nationality and either remain stateless or seek the nationality of Pakistan, Iran or Afghanistan, they may still receive permanent residence in India and be legally akin to the many foreign nationals who live and work in India permanently and peacefully. That may be as much as India can realistically contribute to helping the Pakistan Government resolve its neurosis over Kashmir.

Pakistan’s military naturally possesses a fierce loyalty to Pakistan ~ the best way for that loyalty to be implemented in practice may be for General Kayani to allow the country’s public institutions to gradually normalize in size and function. Once Musharraf’s rule comes to an end or a legislature under new clear-headed leaders comes to exist some day, the military may be able to recognise that.

Map of India-Tibet-China-Mongolia 1959

This map reproduced from the 1964 edition of Encyclopaedia Britannica is said to have been prepared by the US CIA and is dated 1959.  It is something I published to accompany my November 5 2007 article “China’s India Aggression”.  The Government of India and Government of China have a hard time with maps in discussing the boundary-dispute; this might help them.

See also

https://independentindian.com/2009/06/08/map-of-sinkiangxinjiang-1967-could-this-be-the-best-available-in-the-public-domain/

https://independentindian.com/2008/06/07/map-of-sinkiang-tibet-and-neighbours-1944/

https://independentindian.com/2009/09/19/my-ten-articles-on-china-tibet-xinjiang-taiwan-in-relation-to-india/

Understanding China

Understanding China

The World Needs to Ask China to Find Her True Higher Self

by Subroto Roy

First published in The Statesman, October 22 2007, Editorial Page Special Article, http://www.thestatesman.net

The most important factors explaining China’s progress since the deaths of Mao Zedong and Zhou Enlai have been the spread and quick absorption of modern Western technology under conditions of relative peace and tranquillity. The “capitalist road” came to be taken after all and the once-denounced Liu Shaoqui was posthumously rehabilitated by his shrewd old friend Deng Xiaoping.

To be sure, the new technology itself has combined with democratic hatred felt by young Chinese against the corrupt elitist police-state gerontocracy, and this produced first a Wei Jingsheng and Democracy Wall and later the Tiananmen Square protests. There have been also in recent years many thousands of incidents of peasants resisting State-sponsored brutality, fighting to prevent their lands being stolen in the name of purported capitalist industrialisation, in an economy where, as in India, land is an appreciating asset and the paper-currency remains weak because inflation by money-printing is the basis of public finance. China’s multitudinous domestic tensions continue to boil over as if in a cauldron, and it seems inevitable Chinese Gorbachevs and Yeltsins will one day emerge from within the Communist Party to try to begin the long political march towards multiparty democracy and a free society ~ though of course they may fail too, and China will remain condemned to being a dictatorship of one sort or other for centuries more.

Absence of war

What has been seen in recent decades is the relative absence of war. The last military war the Chinese fought was a month-long battle against fellow-Communist Vietnamese in 1979, after Vietnam had run over and destroyed the Chinese (and Western) backed Khmer Rouge in Cambodia. Before that, fellow-Communists of the USSR were fought in a border war in 1969. Before that was the border-war with India in 1959-1963 and occupation of Tibet 1950-1959.

The really savage, fierce large-scale fighting in 20th Century Chinese history was seen in the Second Sino-Japanese War of 1937-1945, the Civil War of 1945-1949 and the Korean War of 1950-1953. The occupation of Tibet and fighting against India resulting from Tibet’s occupation were really, from a Chinese Communist point of view, merely light follow-ups to those major wars of the Mao-Zhou era, especially fighting the USA and UN in Korea. Peaceful Tibet and naïve non-violent India stood no chance against the aggressive highly experienced Mao-Zhou war-machine at the time.

It may even be that Mao could live only with incessant external tumult ~ after fighting military wars, he orchestrated domestic conflicts in the Little and Great Leap Forward of 1949-1963 and Great Proletarian Cultural Revolution of 1964-1969, all among the failures of a cruel ill-educated man who led his people into social, political and economic disaster from which trauma they have been slowly recovering over the last thirty years.

Today, Communist China’s military is geared to fight the non-Communist Chinese of Taiwan in a continuation of the Civil War. It seems unlikely there will be an actual invasion for the simple reason that Taiwan, though much smaller, may not suffer eventual defeat but instead inflict a mortal wound upon invading forces. Mao succeeded in driving Chiang Kaishek across the Taiwan Straits but it is post-Chiang Taiwan that displays the model of how strong, prosperous, democratic and self-confident Chinese people really can strive to be in the modern world. Everyone agrees Taiwan and China must one day unite ~ the interesting question is whether Taiwan will get absorbed into China or whether China shall take Taiwan as its new model! Just as Liu Shaoqi had the last word over Mao on the question of taking the capitalist road, Chiang Kaishek may yet have the last word over Mao on the best constitutional method for modern China’s governance.

Peculiarly enough, China’s Kuomintang and Communists were both allies of Russian Bolshevism (not unlike India’s Congress Party and Communists). Sun Yatsen’s collaboration with Comintern’s founders began as early as 1921. By 1923 there was a formal agreement and Stalin sent Gruzenberg (alias Borodin) to China as an adviser, while Sun sent many including Chiang to Russia on learning expeditions. “In reorganising the party, we have Soviet Russia as our model, hoping to achieve a real revolutionary success”, said Sun hopefully. But by March 1926, Sun’s successor Chiang, had begun purging Communists from the Kuomintang-Communist alliance; in July 1927 Borodin returned to Russia after failing at reconciliation; and by July 1928 Chiang had unified China under his own leadership, and Moscow had repudiated the Kuomintang and ordered Chinese Communists to revolt, starting the Civil War and instability that invited the vicious Japanese aggression and occupation.

China’s problems today with Taiwan and with Tibet (and hence with India) will not come to be resolved until China looks hard in the mirror and begins to resolve her problems with herself. No major country today possesses a more factually distorted image of its own history, politics and economics than does China since the Communist takeover of 1949. “Protect the country, destroy the foreigner” was the motto of the Boxer revolts in 1900, a natural defensive reaction to the depredations and humiliations that Manchu-dynasty China suffered at the hands of the British, French, Germans, Russians, Japanese etc for more than a century. The Boxer motto seemed to implicitly drive Mao, Deng and his modern successors too ~ hence the “One China” slogan, the condemnation of “splittism” etc. But the ideology that Mao, Liu, Deng et al developed out of Stalin, Lenin and Marx seems base and stupid when it is unsentimentally compared to the great political philosophy and ethics of ancient China, which emerged out of wise men like Mo Tzu, Meng Ko (Mencius) and the greatest genius of them all, K’ung Fu Tzu, Confucius himself, undoubtedly among the few greatest men of world history.

Tibet

India has not been wrong to acknowledge Outer Tibet as being under China’s legal suzerainty nor in encouraging endogenous political reform among our Tibetan cousins. The Anglo-Russian treaty of 1907 undertook that Tibet would not be dealt with except through China, and the Indian Republic has been the legal successor of British India. Lhasa may be legitimately under Beijing as far as international relations goes ~ the more profound question is whether Beijing’s Communists since 1949 have not been themselves less than legitimate, and if so whether they can now transform themselves in the post Mao-Zhou era through good deeds towards greater legitimacy.

The root problem between China and India has not been the Tibet-India border which was almost always a friendly one and never a problem even when it remained imprecise and undefined over centuries. The root problem has been the sheer greed and aggressiveness of Chinese Communists ~ who now demand not merely Aksai Chin but also a minimum of some 2000 sq km of Tawang and Takpa Shiri in Arunachal. The CIA’s 1959 map of the region, which would be acceptable to the USA, UK, Taiwan and the international community in general as depicting the lawful position, shows the Communist Chinese territorial claim to be baseless and Indian position to be justified.

Nehru’s India was naïve to approach the Mao-Zhou Communists with the attitude of ahimsa and a common Buddhism. But Mao-Zhou Communism is dead, and the Deng capitalist road itself has lost its ethical way. What India and the world need to do now is ask China or help guide China to find her true higher self. China’s Tibet problem and hence border-dispute with India would have been solved peacefully by application of the ways of great men like Confucius, Mencius and Mo Tzu, who are and will remain remembered by mankind long after petty cruel modern dictators like Mao, Zhou and Deng have been long forgotten. Why China’s Communist bosses despise Taiwan may be because Taiwan has sought to preserve that memory of China’s true higher self.

see also https://independentindian.com/2009/09/19/my-ten-articles-on-china-tibet-xinjiang-taiwan-in-relation-to-india/
https://www.youtube.com/watch?v=VHUhy9pJyys

Against Quackery

Against Quackery

 

 

First published in two parts in The Sunday Statesman, September 23 2007, The Statesman September 24 2007

 

by

Subroto Roy

 

 

Manmohan and Sonia have violated Rajiv Gandhi’s intended reforms; the Communists have been appeased or bought; the BJP is incompetent

 

 

WASTE, fraud and abuse are inevitable in the use and allocation of public property and resources in India as elsewhere, but Government is supposed to fight and resist such tendencies. The Sonia-Manmohan Government have done the opposite, aiding and abetting a wasteful anti-economics ~ i.e., an economic quackery. Vajpayee-Advani and other Governments, including Narasimha-Manmohan in 1991-1996, were just as complicit in the perverse policy-making. So have been State Governments of all regional parties like the CPI-M in West Bengal, DMK/ AIADMK in Tamil Nadu, Congress/NCP/ BJP/Sena in Maharashtra, TDP /Congress in Andhra Pradesh, SP/BJP/BSP in Uttar Pradesh etc. Our dismal politics merely has the pot calling the kettle black while national self-delusion and superstition reign in the absence of reason.

 

 

The general pattern is one of well-informed, moneyed, mostly city-based special interest groups (especially including organised capital and organised labour) dominating government agendas at the cost of ill-informed, diffused anonymous individual citizens ~ peasants, small businessmen, non-unionized workers, old people, housewives, medical students etc. The extremely expensive “nuclear deal” with the USA is merely one example of such interest group politics.

 

 

Nuclear power is and shall always remain of tiny significance as a source of India’s electricity (compared to e.g. coal and hydro); hence the deal has practically nothing to do with the purported (and mendacious) aim of improving the country’s “energy security” in the long run. It has mostly to do with big business lobbies and senior bureaucrats and politicians making a grab, as they always have done, for India’s public purse, especially access to foreign currency assets. Some $300 million of India’s public money had to be paid to GE and Bechtel Corporation before any nuclear talks could begin in 2004-2005 ~ the reason was the Dabhol fiasco of the 1990s, a sheer waste for India’s ordinary people. Who was responsible for that loss? Pawar-Mahajan-Munde-Thackeray certainly but also India’s Finance Minister at the time, Manmohan Singh, and his top Finance Ministry bureaucrat, Montek Ahluwalia ~ who should never have let the fiasco get off the ground but instead actively promoted and approved it.

 

 

Cost-benefit analysis prior to any public project is textbook operating procedure for economists, and any half-competent economist would have accounted for the scenario of possible currency-depreciation which made Dabhol instantly unviable. Dr Singh and Mr Ahluwalia failed that test badly and it cost India dearly. The purchase of foreign nuclear reactors on a turnkey basis upon their recommendation now reflects similar financial dangers for the country on a vastly larger scale over decades.

 

 

Our Government seems to function most expeditiously in purchasing foreign arms, aircraft etc ~ not in improving the courts, prisons, police, public utilities, public debt. When the purchase of 43 Airbus aircraft surfaced, accusations of impropriety were made by Boeing ~ until the local Airbus representative said on TV that Boeing need not complain because they were going to be rewarded too and soon 68 aircraft were ordered from Boeing!

 

 

India imports all passenger and most military aircraft, besides spare parts and high-octane jet fuel. Domestic aviation generates near zero forex revenues and incurs large forex costs ~ a debit in India’s balance of payments. Domestic airline passengers act as importers subsidised by our meagre exporters of textiles, leather, handicrafts, tea, etc. What a managerially-minded PM and Aviation Minister needed to do before yielding to temptations of buying new aircraft was to get tough with the pampered managements and unions of the nationalized airlines and stand up on behalf of ordinary citizens and taxpayers, who, after all, are mostly rail or road-travellers not jet-setters.

 

 

The same pattern of negligent policy-behaviour led Finance Minister P. Chidambaram in an unprecedented step to mention in his 2007 Union Budget Speech the private American companies Blackstone and GE ~ endorsing the Ahluwalia/Deepak Parekh idea that India’s forex reserves may be made available to be lent out to favoured private businesses for purported “infrastructure” development. We may now see chunks of India’s foreign exchange reserves being “borrowed” and never returned ~ a monumental scam in front of the CBI’s noses.

 

 

The Reserve Bank’s highest echelons may have become complicit in all this, permitting and encouraging a large capital flight to take place among the few million Indians who read the English newspapers and have family-members abroad. Resident Indians have been officially permitted to open bank accounts of US $100,000 abroad, as well as transfer gifts of $50,000 per annum to their adult children already exported abroad ~ converting their largely untaxed paper rupees at an artificially favourable exchange-rate.

 

 

In particular, Mr Ratan Tata (under a misapprehension he may do whatever Lakshmi Mittal does) has been allowed to convert Indian rupees into some US$13,000,000,000 to make a cash purchase of a European steel company. The same has been allowed of the Birlas, Wipro, Dr Reddy’s and numerous other Indian corporations in the organised sector ~ three hundred million dollars here, five hundred million dollars there, etc. Western businessmen now know all they have to do is flatter the egos of Indian boxwallahs enough and they might have found a buyer for their otherwise bankrupt or sick local enterprise. Many newcomers to New York City have been sold the Brooklyn Bridge before. “There’s a sucker born every minute” is the classic saying of American capitalism.

 

 

The Sonia-Manmohan Government, instead of hobnobbing with business chambers, needed to get Indian corporations to improve their accounting, audit and governance, and reduce managerial pilfering and embezzlement, which is possible only if Government first set an example.

 

 

Why have Indian foreign currency reserves zoomed up in recent years? Not mainly because we are exporting more textiles, tea, software engineers, call centre services or new products to the world, but because Indian corporations have been allowed to borrow abroad, converting their hoards of paper rupees into foreign debt. Forex reserves are a residual in a country’s international balance of payments and are not like tax-resources available to be spent by Government; India’s reserves largely constitute foreign liabilities of Indian residents. This may bear endless repetition as the PM and his key acolytes seem impervious to normal postgraduate-level economics textbooks.

 

 

Other official fallacies include thinking India’s savings rate is near 32 per cent and that clever bureaucratic use of it can cause high growth. In fact, real growth arises not because of what politicians and bureaucrats do but because of spontaneous technological progress, improved productivity and learning-by-doing of the general population ~ mostly despite not because of an exploitative parasitic State. What has been mismeasured as high savings is actually expansion of bank-deposits in a fractional reserve banking system caused by runaway government deficit-spending.

 

 

Another fallacy has been that agriculture retards growth, leading to nationwide politically-backed attempts at land-grabbing by wily city industrialists and real estate developers. In a hyperinflation-prone economy with wild deficit-spending and runaway money-printing, cheating poor unorganised peasants of their land, when that land is an asset that is due to appreciate in value, has seemed like child’s play.

 

 

What of the Opposition? The BJP/RSS have no economists who are not quacks though opportunists were happy to say what pleased them to hear when they were in power; they also have much implicit support among organised business lobbies and the anti-Muslim senior bureaucracy. The official Communists have been appeased or bought, sometimes so cheaply as with a few airline tickets here and there. The nonsensical “Rural Employment Guarantee” is descending into the wasteland of corruption it was always going to be. The “Domestic Violence Act” as expected has started to destroy India’s families the way Western families have been destroyed. The Arjun-DMK OBC quota corrodes higher education further from its already dismal state. All these were schemes that Congress and Communist cabals created or wholeheartedly backed, and which the BJP were too scared or ignorant to resist.

 

 

And then came Singur and Nandigram ~ where the sheer greed driving the alliance between the Sonia-Manmohan-Pranab Congress and the CPI-M mask that is Buddhadeb, came to be exposed by a handful of brave women like Mamata and Medha.

 

 

A Fiscal U-Turn is Needed For India to Go in The Right Economic Direction

 

Rajiv Gandhi had a sense of noblesse oblige out of remembrance of his father and maternal grandfather. After his assassination, the comprador business press credited Narasimha Rao and Manmohan Singh with having originated the 1991 economic reform. In May 2002, however, the Congress Party itself passed a resolution proposed by Digvijay Singh explicitly stating Rajiv and not either of them was to be so credited. The resolution was intended to flatter Sonia Gandhi but there was truth in it too. Rajiv, a pilot who knew no political economy, was a quick learner with intelligence to know a good idea when he saw one and enough grace to acknowledge it.

 

 

Rule of Law

 

The first time Dr Manmohan Singh’s name arose in contemporary post-Indira politics was on 22 March 1991 when M K Rasgotra challenged the present author to answer how Dr Singh would respond to proposals being drafted for a planned economic liberalisation that had been authorised by Rajiv, as Congress President and Opposition Leader, since September 1990. It was replied that Dr Singh’s response was unknown and he had been heading the “South-South Commission” for Tanzania’s Julius Nyerere, while what needed to be done urgently was make a clear forceful statement to restore India’s credit-worthiness and the confidence of international markets, showing that the Congress at least knew its economics and was planning to take bold new steps in the direction of progress.

 

 

There is no evidence Dr Singh or his acolytes were committed to any economic liberalism prior to 1991 as that term is understood worldwide, and scant evidence they have originated liberal economic ideas for India afterwards. Precisely because they represented the decrepit old intellectual order of statist ”Ma-Bap Sarkari” policy-making, they were not asked in the mid-1980s to be part of a “perestroika-for-India” project done at a foreign university ~ the results of which were received, thanks to Siddhartha Shankar Ray, by Rajiv Gandhi in hand at 10 Janpath on 18 September 1990 and specifically sparked the change in the direction of his economic thinking.

 

 

India is a large, populous country with hundreds of millions of materially poor citizens, a weak tax-base, a vast internal and external public debt (i.e. debt owed by the Government to domestic and foreign creditors), massive annual fiscal deficits, an inconvertible currency, and runaway printing of paper-money. It is unsurprising Pakistan’s economy is similar, since it is born of the same land and people. Certainly there have been real political problems between India and Pakistan since the chaotic demobilisation and disintegration of the old British Indian Army caused the subcontinent to plunge into war-like or “cold peace” conditions for six decades beginning with a bloody Partition and civil war in J&K. High military expenditures have been necessitated due to mutual and foreign tensions, but this cannot be a permanent state if India and Pakistan wish for genuine mass economic well-being.

 

 

Even with the continuing mutual antagonism, there is vast scope for a critical review of Indian military expenditures towards greatly improving the “teeth-to-tail” ratio of its fighting forces. The abuse of public property and privilege by senior echelons of the armed forces (some of whom have been keen most of all to export their children preferably to America) is also no great secret.

 

 

On the domestic front, Rajiv was entirely convinced when the suggestion was made to him in September 1990 that an enormous infusion of public resources was needed into the judicial system for promotion and improvement of the Rule of Law in the country, a pre-requisite almost for a new market orientation. Capitalism without the Rule of Law can quickly degenerate into an illiberal hell of cronyism and anarchy which is what has tended to happen since 1991.

 

 

The Madhava Menon Committee on criminal justice policy in July proposed a Hong Kong model of “a single high-tech integrated Criminal Justice complex in every district headquarters which may be a multi-storied structure, devoting the ground floor for the police station including a video-installed interrogation room; the first floor for the police-lockups/sub-jail and the Magistrate’s Court; the second floor for the prosecutor’s office, witness rooms, crime laboratories and legal aid services; the third floor for the Sessions Court and the fourth for the administrative offices etc…. (Government of India) should take steps to evolve such an efficient model… and not only recommend it to the States but subsidize its construction…” The question arises: Why is this being proposed for the first time in 2007 after sixty years of Independence? Why was it not something designed and implemented starting in the 1950s?

 

 

The resources put since Independence to the proper working of our judiciary from the Supreme Court and High Courts downwards have been abysmal, while the state of prisons, borstals, mental asylums and other institutions of involuntary detention is nothing short of pathetic. Only police forces, like the military, paramilitary and bureaucracies, have bloated in size.

 

 

Neither Sonia-Manmohan nor the BJP or Communists have thought promotion of the Rule of Law in India to be worth much serious thought ~ certainly less important than attending bogus international conclaves and summits to sign expensive deals for arms, aircraft, reactors etc. Yet Rajiv Gandhi, at a 10 Janpath meeting on 23 March 1991 when he received the liberalisation proposals he had authorized, explicitly avowed the importance of greater resources towards the Judiciary. Dr Singh and his acolytes were not in that loop, indeed they precisely represented the bureaucratic ancien regime intended to be changed, and hence have seemed quite uncomprehending of the roots of the intended reforms ever since 1991.

 

 

Similarly, Rajiv comprehended when it was said to him that the primary fiscal problem faced by India is the vast and uncontrolled public debt, interest payments on which suck dry all public budgets leaving no room for provision of public goods.

 

 

 

Government accounts


Government has been routinely “rolling over” its domestic debt in the asset-portfolios of the nationalised banks while displaying and highlighting only its new additional borrowing in a year as the “Fiscal Deficit”. More than two dozen States have been doing the same and their liabilities ultimately accrue to the Union too. The stock of public debt in India is Rs 30 trillion (Rs 30 lakh crore) at least, and portends a hyperinflation in the future.

 

 

There has been no serious recognition of this since it is political and bureaucratic actions that have been causing the problem. Proper recognition would entail systematically cleaning up the budgets and accounts of every single governmental entity in the country: the Union, every State, every district and municipality, every publicly funded entity or organisation, and at the same time improving public decision-making capacity so that once budgets and accounts recover from grave sickness over decades, functioning institutions exist for their proper future management. All this would also stop corruption in its tracks, and release resources for valuable public goods and services like the Judiciary, School Education and Basic Health. Institutions for improved political and administrative decision-making are needed throughout the country if public preferences with respect to raising and allocating common resources are to be elicited and then translated into actual delivery of public goods and services. Our dysfunctional legislatures will have to do at least a little of what they are supposed to. When public budgets and accounts are healthy and we have functioning public goods and services, macroeconomic conditions would have been created for the paper-rupee to once more become a money as good as gold ~ a convertible world currency for all of India’s people, not merely the metropolitan special interest groups that have been controlling our governments and their agendas.

Posted in Accounting and audit, asymmetric information, Banking, Big Business and Big Labour, BJP, Communists, Congress Party, Deposit multiplication, DMK, Economic Policy, Economic quackery, Economics of Public Finance, Governance, Government accounting, Government Budget Constraint, Government of India, India's Big Business, India's savings rate, India's stock and debt markets, India's 1991 Economic Reform, India's aviation, India's balance of payments, India's Banking, India's Budget, India's Capital Markets, India's communists, India's corporate governance, India's corruption, India's Democracy, India's Economic History, India's Economy, India's Energy, India's Exports, India's Families, India's Foreign Exchange Reserves, India's Foreign Trade, India's Government Budget Constraint, India's Government Expenditure, India's Industry, India's inflation, India's Judiciary, India's Land, India's Macroeconomics, India's Monetary & Fiscal Policy, India's nomenclatura, India's political lobbyists, India's Politics, India's Polity, India's pork-barrel politics, India's poverty, India's Public Finance, India's Reserve Bank, India's State Finances, India's Union-State relations, India-Pakistan peace process, India-US Nuclear Deal, Indira Gandhi, Inflation, Interest group politics, Mamata Banerjee, Manmohan Singh, Mendacity in politics, Non-Resident Indians, Pakistan, Balochistan, Afghanistan, Iran, Political corruption, Political cynicism, Political Economy, Political mendacity, Political Philosophy, Politics, Pork-barrel politics, Power-elites and nomenclatura, Public Choice/Public Finance, Public property waste fraud, Rajiv Gandhi, Reason, Redeposits, Singur and Nandigram, Sonia Gandhi, Unorganised capital markets, Welfare Economics. 2 Comments »

No Marxist MBAs? An amicus curiae brief for the Honourable High Court

Aren’t there any Marxist MBAs?

by

Subroto Roy

First published in The Statesman, August 29 2007, Frontpage comment,

The West Bengal Government and Tata Motors have come into what appears to be a most bizarre financial agreement regarding 645.67 acres of agricultural land in Singur. What we are told from court documents submitted on August 27 by Tata’s counsel Mr Samaraditya Pal to the Honourable Division Bench of the Chief Justice Mr SS Nijjar and Mr Justice Pinaki Chandra Ghose is that a complicated schedule of payments is being planned for 90 years.

First there is a plan for 30 years with changes occurring every five years, then there is a plan for another 30 years with changes occurring every ten years, and finally there is a plan for the last 30 years with no changes occurring at all. 90 years is a very long time. A child born today will likely not be alive when this agreement comes to end though his/her grandchildren could be.
Tata Motors itself is hardly today what it was ten years ago and is unlikely to be the same corporate body 50 or 90 years from now. The political entities known as West Bengal or for that matter the Republic of India itself may well be very different in 2047, one hundred years after Independence, let alone in 2097 when this purported agreement shall end. 90 years ago the Ford Motor Company was mass-producing its famous Model-T – any product that Tata Motors produces at Singur today is hardly going to be the same 90 years from now. Our great grand children may look back at all this when the agreement ends and say it all looks pretty ridiculous in retrospect.

Even so, the numbers that have been now released to the Honourable Court allow some simple calculations to take place. The first point is that a payment made in 2007 cannot be added directly to a payment made in 2008 or to one in 2009, etc. It is meaningless to do so. However, if, say, Rs 1000 is paid in each of these years, and the market interest-rate is, say, 10%, what we may do is add Rs. 1000 with Rs. 1000/(1.1) with Rs. 1000/(1.1) squared to obtain a summable stream of Rs. 1000+Rs.909+Rs826 = Rs. 2735.
That sum of Rs 2735 is the present-value of the stream of three payments of Rs 1000 in each of three years given a constant interest-rate of 10%. On such a basis, given the payment-structure stated to the Honourable Court by Tata Motors, and assuming a constant interest-rate of 8% per annum in each year for the next 90 years, the present-value of all the payments to be made by Tata to West Bengal for the 645.67 acres of Singur land comes to Rs. 274.13 million (Rs. 27.413 crore), or a price of about Rs. 0.4246 million (Rs. 4.246 lakh) per acre. That is the effective market price of the land as valued in the contract, assuming a constant interest-rate of, say, 8%. (If a variable market-determined interest-rate had been used e.g. some rate added to the London InterBank Offer Rate in a given year, we could not make such a calculation today.)

If we further assume that the value of paper-money relative to land and goods and services in general may itself deteriorate through inflation, this figure would change. If, for example, we assume a low rate of inflation of 4% per annum for each of 90 years, that would mean the relevant interest-rate to discount the stream of payments would have to be 8%+4% = 12%. On that assumption, the present value of the entire stream of payments proposed to be made by Tata to West Bengal comes to Rs. 140 million in current rupees, and the price per acre of land becomes Rs 0.217 million or Rs. 2.17 lakhs. If the rate of inflation was high, say 10% per annum, the present value becomes Rs. 81.7 million and the price per acre of land being paid by Tata Motors is Rs 0.126 million or Rs. 1.26 lakhs. In other words, the higher the rate of paper-money inflation that occurs in the future, the cheaper Tata has obtained the land (and, conversely, the worse off the original peasant owners of the land who have been left with paper money paid to them by the West Bengal Government).

The point is also clear that the higher the rate at which one discounts the future, the lower shall be the present-value of the land. And also the higher this discount-rate, the more irrelevant the future becomes to present decision-making.

It is astonishing that neither Tata Motors’ high-powered MBA embellished management cadre nor anyone entrenched in the Marxist academic or policy establishment of West Bengal seems to have made such obvious calculations for the Honourable Court to understand things easily. Instead they have “added” the total payments to be made “raw” and said that some Rs. 8.558 billion (Rs. 855.8 crores) is due to be paid over 90 years – a meaningless statement because no such addition over time makes any financial sense at all. Are there no Marxist MBAs, or are all MBAs being mistaught the basics in their finance-courses?

An Open Letter to Professor Amartya Sen about Singur etc

A letter to Prof. Sen

First published in The Statesman 31 July 2007, Editorial Page Special Article

Professor Amartya Sen, Harvard University

Dear Professor Sen,

Everyone will be delighted that someone of your worldwide stature has joined the debate on Singur and Nandigram; The Telegraph deserves congratulations for having made it possible on July 23.

I was sorry to find though that you may have missed the wood for the trees and also some of the trees themselves. Perhaps you have relied on Government statements for the facts. But the Government party in West Bengal represents official Indian communism and has been in power for 30 years at a stretch. It may be unwise to take at face-value what they say about their own deeds on this very grave issue! Power corrupts and absolute power corrupts absolutely, and there are many candid communists who privately recognise this dismal truth about themselves. To say this is not to be praising those whom you call the “Opposition” ~ after all, Bengal’s politics has seen emasculation of the Congress as an opposition because the Congress and communists are allies in Delhi. It is the Government party that must reform itself from within sua sponte for the good of everyone in the State.

The comparisons and mentions of history you have made seem to me surprising. Bengal’s economy now or in the past has little or nothing similar to the economy of Northern England or the whole of England or Britain itself, and certainly Indian agriculture has little to do with agriculture in the new lands of Australia or North America. British economic history was marked by rapid technological innovations in manufacturing and rapid development of social and political institutions in context of being a major naval, maritime and mercantile power for centuries. Britain’s geography and history hardly ever permitted it to be an agricultural country of any importance whereas Bengal, to the contrary, has been among the most agriculturally fertile and hence densely populated regions of the world for millennia.

Om Prakash’s brilliant pioneering book The Dutch East India Company and the Economy of Bengal 1630-1720 (Princeton 1985) records all this clearly. He reports the French traveller François Bernier saying in the 1660s “Bengal abounds with every necessary of life”, and a century before him the Italian traveller Verthema saying Bengal “abounds more in grain, flesh of every kind, in great quantity of sugar, also of ginger, and of great abundance of cotton, than any country in the world”. Om Prakash says “The premier industry in the region was the textile industry comprising manufacture from cotton, silk and mixed yarns”. Bengal’s major exports were foodstuffs, textiles, raw silk, opium, sugar and saltpetre; imports notably included metals (as Montesquieu had said would always be the case).

Bengal did, as you say, have industries at the time the Europeans came but you have failed to mention these were mostly “agro-based” and, if anything, a clear indicator of our agricultural fecundity and comparative advantage. If “deindustrialization” occurred in 19th Century India, that had nothing to do with the “deindustrialization” in West Bengal from the 1960s onwards due to the influence of official communism.

You remind us Fa Hiaen left from Tamralipta which is modern day Tamluk, though he went not to China but to Ceylon. You suggest that because he did so Tamluk effectively “was greater Calcutta”. I cannot see how this can be said of the 5th Century AD when no notion of Calcutta existed. Besides, modern Tamluk at 22º18’N, 87º56’E is more than 50 miles inland from the ancient port due to land-making that has occurred at the mouth of the Hooghly. I am afraid the relevance of the mention of Fa Hiaen to today’s Singur and Nandigram has thus escaped me.

You say “In countries like Australia, the US or Canada where agriculture has prospered, only a very tiny population is involved in agriculture. Most people move out to industry. Industry has to be convenient, has to be absorbing”. Last January, a national daily published a similar view: “For India to become a developed country, the area under agriculture has to shrink, urban and industrial land development has to take place, and about 100 million workers have to move out from agriculture into industry and services. This is the only way forward for bringing prosperity to the rural population”.

Rice is indeed grown in Arkansas or Texas as it is in Bengal but there is a world of difference between the technological and geographical situation here and that in the vast, sparsely populated New World areas with mechanized farming! Like shoe-making or a hundred other crafts, agriculture can be capital-intensive or labour-intensive ~ ours is relatively labour-intensive, theirs is relatively capital-intensive. Our economy is relatively labour-abundant and capital-scarce; their economies are relatively labour-scarce and capital-abundant (and also land-abundant). Indeed, if anything, the apt comparison is with China, and you doubtless know of the horror stories and civil war conditions erupting across China in recent years as the Communist Party and their businessman friends forcibly take over the land of peasants and agricultural workers, e.g. in Dongzhou.

All plans of long-distance social engineering to “move out” 40 per cent of India’s population (at 4 persons per “worker”) from the rural hinterlands must also face FA Hayek’s fundamental question in The Road to Serfdom: “Who plans whom, who directs whom, who assigns to other people their station in life, and who is to have his due allotted by others?”

Your late Harvard colleague, Robert Nozick, opened his brilliant 1974 book Anarchy, State and Utopia saying: “Individuals have rights, and there are things no person or group may do to them (without violating their rights)”. You have rightly deplored the violence seen at Singur and Nandigram. But you will agree it is a gross error to equate violence perpetrated by the Government which is supposed to be protecting all people regardless of political affiliation, and the self-defence of poor unorganised peasants seeking to protect their meagre lands and livelihoods from state-sponsored pogroms. Kitchen utensils, pitchforks or rural implements and flintlock guns can hardly match the organised firepower controlled by a modern Government.

Fortunately, India is not China and the press, media and civil institutions are not totally in the hands of the ruling party alone. In China, no amount of hue and cry among the peasants could save them from the power of organised big business and the Communist Party. In India, a handful of brave women have managed to single-handedly organise mass movements of protest which the press and media have then broadcast that has shocked the whole nation to its senses.

You rightly say the land pricing process has been faulty. Irrelevant historical prices have been averaged when the sum of discounted expected future values in an inflationary economy should have been used. Matters are even worse. “The fear of famine can itself cause famine. The people of Bengal are afraid of a famine. It was repeatedly charged that the famine (of 1943) was man-made.” That is what T. W. Schultz said in 1946 in the India Famine Emergency Committee led by Pearl Buck, concerned that the 1943 Bengal famine should not be repeated following dislocations after World War II. Of course since that time our agriculture has undergone a Green Revolution, at least in wheat if not in rice, and a White Revolution in milk and many other agricultural products. But catastrophic collapses in agricultural incentives may still occur as functioning farmland comes to be taken by government and industry from India’s peasantry using force, fraud or even means nominally sanctioned by law. If new famines come to be provoked because farmers’ incentives collapse, let future historians know where responsibility lay.

West Bengal’s real economic problems have to do with its dismal macroeconomic and fiscal position which is what Government economists should be addressing candidly. As for land, the Government’s first task remains improving grossly inadequate systems of land-description and definition, as well as the implementation and recording of property rights.

With my most respectful personal regards, I remain

Yours ever

Suby

Fallacious Finance: Congress, BJP, CPI-M et al may be leading India to hyperinflation (2007)

Fallacious Finance: Congress, BJP, CPI-M et al may be leading India to hyperinflation

by

Subroto Roy

first published in The Statesman, March 5 2007

Editorial Page Special Article

It seems the Dream Team of the PM, Finance Minister, Mr. Montek Ahluwalia and their acolytes may take India on a magical mystery tour of economic hallucinations, fantasies and perhaps nightmares. I hasten to add the BJP and CPI-M have nothing better to say, and criticism of the Government or of Mr Chidambaram’s Budget does not at all imply any sympathy for their political adversaries. It may be best to outline a few of the main fallacies permeating the entire Governing Class in Delhi, and their media and businessman friends:

1. “India’s Savings Rate is near 32%”. This is factual nonsense. Savings is indeed normally measured by adding financial and non-financial savings. Financial savings include bank-deposits. But India is not a normal country in this. Nor is China. Both have seen massive exponential growth of bank-deposits in the last few decades. Does this mean Indians and Chinese are saving phenomenally high fractions of their incomes by assiduously putting money away into their shaky nationalized banks? Sadly, it does not. What has happened is government deficit-financing has grown explosively in both countries over decades. In a “fractional reserve” banking system (i.e. a system where your bank does not keep the money you deposited there but lends out almost all of it immediately), government expenditure causes bank-lending, and bank-lending causes bank-deposits to expand. Yes there has been massive expansion of bank-deposits in India but it is a nominal paper phenomenon and does not signify superhuman savings behaviour. Indians keep their assets mostly in metals, land, property, cattle, etc., and as cash, not as bank deposits.

2. “High economic growth in India is being caused by high savings and intelligently planned government investment”. This too is nonsense. Economic growth in India as elsewhere arises not because of what politicians and bureaucrats do in capital cities, but because of spontaneous technological progress, improved productivity and learning-by-doing on part of the general population. Technological progress is a very general notion, and applies to any and every production activity or commercial transaction that now can be accomplished more easily or using fewer inputs than before. New Delhi still believes in antiquated Soviet-era savings-investment models without technological progress, and some non-sycophant must tell our top Soviet-era bureaucrat that such growth models have been long superceded and need to be scrapped from India’s policy-making too. Can politicians and bureaucrats assist India’s progress? Indeed they can: the telecom revolution in recent years was something in which they participated. But the general presumption is against them. Progress, productivity gains and hence economic growth arise from enterprise and effort of ordinary people — mostly despite not because of an exploitative, parasitic State.

3. “Agriculture is a backward sector that has been retarding India’s recent economic growth”. This is not merely nonsense it is dangerous nonsense, because it has led to land-grabbing by India’s rulers at behest of their businessman friends in so-called “SEZ” schemes. The great farm economist Theodore W. Schultz once quoted Andre and Jean Mayer: “Few scientists think of agriculture as the chief, or the model science. Many, indeed, do not consider it a science at all. Yet it was the first science – Mother of all science; it remains the science which makes human life possible”. Centuries before Europe’s Industrial Revolution, there was an Agricultural Revolution led by monks and abbots who were the scientists of the day. Thanks partly to American help, India has witnessed a Green Revolution since the 1960s, and our agriculture has been generally a calm, mature, stable and productive industry. Our farmers are peaceful hardworking people who should be paying taxes and user-fees normally but should not be otherwise disturbed or needlessly provoked by outsiders. It is the businessmen wishing to attack our farm populations who need to look hard in the mirror – to improve their accounting, audit, corporate governance, to enforce anti-embezzlement and shareholder protection laws etc.

4. “India’s foreign exchange reserves may be used for ‘infrastructure’ financing”. Mr Ahluwalia promoted this idea and now the Budget Speech mentioned how Mr Deepak Parekh and American banks may be planning to get Indian businesses to “borrow” India’s forex reserves from the RBI so they can purchase foreign assets. It is a fallacy arising among those either innocent of all economics or who have quite forgotten the little they might have been mistaught in their youth. Forex reserves are a residual in a country’s balance of payments and are not akin to tax revenues, and thus are not available to be borrowed or spent by politicians, bureaucrats or their businessman friends — no matter how tricky and shady a way comes to be devised for doing so. If anything, the Government and RBI’s priority should have been to free the Rupee so any Indian could hold gold or forex at his/her local bank. India’s vast sterling balances after the Second World War vanished quickly within a few years, and the country plunged into decades of balance of payments crisis – that may now get repeated. The idea of “infrastructure” is in any case vague and inferior to the “public goods” Adam Smith knew to be vital. Serious economists recommend transparent cost-benefit analyses before spending any public resources on any project. E.g., analysis of airport/airline industry expansion would have found the vast bulk of domestic airline costs to be forex-denominated but revenues rupee-denominated – implying an obvious massive currency-risk to the industry and all its “infrastructure”. All the PM’s men tell us nothing of any of this.

5. “HIV-AIDS is a major Indian health problem”. Government doctors privately know the scare of an AIDS epidemic is based on false assumptions and analysis. Few if any of us have met, seen or heard of an actual incontrovertible AIDS victim in India (as opposed to someone infected by hepatitis-contaminated blood supplies). Syringe-exchange by intravenous drug users is not something widely prevalent in Indian society, while the practise that caused HIV to spread in California’s Bay Area in the 1980s is not something depicted even at Khajuraho. Numerous real diseases do afflict Indians – e.g. 11 children died from encephalitis in one UP hospital on a single day in July 2006, while thousands of children suffer from “cleft lip” deformity that can be solved surgically for 20,000 rupees, allowing the child a normal life. Without any objective survey being done of India’s real health needs, Mr Chidamabaram has promised more than Rs 9.6 Billion (Rs 960 crore) to the AIDS cottage industry.

6. “Fiscal consolidation & stabilization has been underway since 1991”. There is extremely little reason to believe this. If you or I borrow Rs. 100,000 for a year, and one year later repay the sum only to borrow the same again along with another Rs 40,000, we would be said to have today a debt of Rs. 140,000 at least. Our Government has been routinely “rolling over” its domestic debt in this manner (in the asset-portfolios of the nationalised banking system) but displaying and highlighting only its new additional borrowing in a year as the “ Fiscal Deficit” (see graph, also “Fiscal Instability”, The Sunday Statesman, 4 February 2007). More than two dozen State Governments have been doing the same though, unlike the Government of India, they have no money-creating powers and their liabilities ultimately accrue to the Union as well. The stock of public debt in India may be Rs 30 trillion (Rs 30 lakh crore) at least, and portends a hyperinflation in the future. Mr Chidambaram’s announcement of a “Debt Management Office” yet to be created is hardly going to suffice to avert macroeconomic turmoil and a possible monetary collapse. The Congress, BJP, CPI-M and all their friends shall be responsible.

Of related interest: Mistaken Macroeconomics,
“The Indian Revolution”, “Against Quackery”, “The Dream Team: A Critique”, “India’s Macroeconomics”, “Indian Inflation”

Posted in Academic research, Banking, Big Business and Big Labour, BJP, China, China's macroeconomics, China's savings rate, China's Economy, Communists, Congress Party, Deposit multiplication, Economic Policy, Economic quackery, Economic Theory of Growth, Economics of exchange controls, Economics of Public Finance, Economics of real estate valuation, Finance, Financial Management, Financial markets, Financial Repression, Foreign exchange controls, Governance, Government accounting, Government Budget Constraint, Government of India, India's Big Business, India's credit markets, India's Government economists, India's interest rates, India's savings rate, India's stock and debt markets, India's agriculture, India's Agriculture & Food, India's balance of payments, India's Banking, India's Budget, India's bureaucracy, India's Capital Markets, India's corporate finance, India's corporate governance, India's currency history, India's Democracy, India's Economic History, India's Economy, India's Exports, India's farmers, India's Finance Commission, India's Foreign Exchange Reserves, India's Foreign Trade, India's Government Budget Constraint, India's Government Expenditure, India's grassroots activists, India's Health/Medicine, India's Industry, India's inflation, India's Labour Markets, India's Land, India's Macroeconomics, India's Monetary & Fiscal Policy, India's nomenclatura, India's peasants, India's political lobbyists, India's Polity, India's pork-barrel politics, India's poverty, India's Public Finance, India's Reserve Bank, India's State Finances, India's Union-State relations, Inflation, Interest group politics, Macroeconomics, Manmohan Singh, Mendacity in politics, Monetary Theory, Money and banking, Paper money and deposits, Political cynicism, Political Economy, Political mendacity, Public Choice/Public Finance, Redeposits, Unorganised capital markets. 3 Comments »

Bengal’s Finances

BENGAL’S FINANCES

First published in The Sunday Statesman February 25 2007, Editorial Page  Special Article, www.thestatesman.net

There is urgent need for calm, sober thought, not self-delusion. Foreign trade, world politics are not what State Governments are constitutionally permitted to do.

By SUBROTO ROY

Mr Buddhadeb Bhattacharjee is fond of saying his hoped for industrialization plans will lead to jobs for “thousands” of unemployed young men and women emerging from West Bengal’s many schools, colleges and universities.

Now ever since JM Keynes’s time, economists have understood the phenomenon of unemployment quite well. Some unemployment is voluntary: where someone declines to accept a job at the prevailing wage or chooses leisure instead, e.g. withdraws from the labour-force in order to go to college or care for children or family or be involved in search for a better job. Some unemployment is seasonal, as in agriculture ~ where there often is “overfull” employment at harvest-time. Some unemployment may be frictional or structural, depending on dynamic unpredictable industrial or technological changes. In none of these cases is any large role defined for government investment using public resources, though there can be smaller roles like providing job-information, advice and training.

Keynes himself was concerned with systematic “involuntary” unemployment, where masses of people are willing but unable to find work at the going wage because there has been a general collapse of the market economy, as arguably happened in the 1930s in the Western countries. There has been no such situation in independent India.

And it is important to remember our labour markets are mostly unrestricted by State boundaries: unlike totalitarian China, we do not have internal passports in the country, and Indians are mostly free to work anywhere they wish to. Talk from CPI-M, Congress, BJP or other politicians of alleged Keynesian “multiplier” effects arising from government expenditure is mostly talk. And as for Sonia Gandhi’s “National Rural Employment Guarantee”, to the extent it was argued for at all by Amartya Sen’s disciples like Jean Drèze, the argument was not on Keynesian grounds but of a purportedly more equitable distribution of government expenditure.

What then is the Bhattacharjee Government supposed to be doing?

Chandrababu Naidu started a trend among Chief Ministers flying off to exotic foreign vistas, addressing international conferences and signing memoranda with foreign businessmen. But world politics, international relations and foreign trade are not what Indian State Governments are permitted by our Constitution to be engaged in doing. Nelson Mandela is a great man of history but Jyoti Basu’s Government had no constitutional right or business to gift him five million American dollars of West Bengal public money after he was released from jail in South Africa in 1990 by De Klerk.

Our Constitution is crystal clear that the legitimate agenda of India’s State Governments is something very mundane and wholly unglamorous: State Governments are supposed to be managing Courts of Law; the Police, Civil Order, Prisons; Water, Sanitation, Health; State Debt Service; Intra-State Infrastructure & Communications; Local Government; Liquor & Other Public Sector Industry; Trade, Local Banking & Finance; Land, Agriculture, Animal Husbandry; Libraries, Museums, Monuments; State Civil Service & Administration. In addition, “concurrent” with the Union Government are Criminal, Civil & Family Law, Contracts & Torts; Forests & Environmental Protection; Unemployment & Refugee Relief; Electricity; Education. It is relative to that explicit agenda that State Government performances around the country must be evaluated.

The finances of the West Bengal Government and those of every other State of the Union appear in a condition of Byzantine confusion. Even so, it is not impossible for any citizen to understand them with a little serious effort. The State receives tax revenues, income from State operations (like bus fares, lottery tickets etc), and grants transferred from the Union. Of the State’s total revenues, more than 80% arise from taxation. Of those taxes, about 30% is collected by the Union on behalf of the State in accordance with the Finance Commission’s formulae; 70% is collected by the State itself, and about 60% of whhat the State collects is Sales Tax. On the expenditure side, more than 60% goes in repaying the State’s debts as well as interest owed on that debt. The remainder gets distributed as summarily shown in the table. (What would be revealed at a higher level of detail is that e.g. Rs. 2.63 Bn is spent in collecting Rs. 9.93 Bn of land revenue!) The wide difference between the State’s income from all sources and its expenditures implies the State must then issue new public debt. That typically has been a larger and larger sum every year, greater than the amount of maturing debt being amortised or extinguished. The potentially grave consequence of this will be obvious to any householder, and makes it imperative that calm, sober thought and objective analysis occur about the State’s financial condition and budget constraint. There is no room for self-delusion, especially on the part of the Bhattacharjee Government. We are still paying interest on the money we borrowed to make Nelson Mandela a gift seventeen years ago.

Govt. of W. Bengal’s Finances 2003-2004
Rs Billion (Hundred Crore)
EXPENDITURE ACTIVITIES:
government & local government 8.68 1.68%
judiciary 1.27 0.25%
police (including home guard etc.) 13.47 2.61%
prisons 0.62 0.12%
bureaucracy 5.69 1.10%
collecting land revenue & taxes 4.32 0.84%
government employee pensions 26.11 5.05%
schools, colleges, universities, institutes 45.06 8.72%
health, nutrition & family welfare 14.70 2.84%
water supply & sanitation 3.53 0.68%
roads, bridges, transport, etc. 8.29 1.60%
electricity (mostly loans to power sector) 31.18 6.03%
irrigation, flood control, environment, ecology 10.78 2.09%
agricultural subsidies, rural development, etc. 7.97 1.54%
industrial subsidies 2.56 0.50%
capital city development 7.29 1.41%
social security, SC, ST, OBC, labour welfare 9.87 1.91%
tourism 0.09 0.02%
arts, archaeology, libraries, museums 0.16 0.03%
miscellaneous 0.52 0.10%
debt amortization & debt servicing 314.77 60.89%
total expenditure 516.92

tax revenue 141.10
operational income 6.06
grants from Union 18.93
loans recovered 0.91
total income 167.00
INCOME SOURCES:

GOVT. BORROWING REQUIREMENT
(total expenditure
minus total income ) 349.93

financed by:
new public debt issued 339.48
use of Trust Funds etc 10.45
349.93
From the author’s research and based on latest available data published by the Comptroller & Auditor General of India

On Land-Grabbing

ON LAND-GRABBING

Dr Singh’s India, Buddhadeb’s Bengal, Modi’s Gujarat have notorious US, Soviet and Chinese examples to follow ~ distracting from the country’s real economic problems

By SUBROTO ROY

First published in The Sunday Statesman, Editorial Page Special Article, Jan 14 2007

AT a business meet on 12 January 2005, Dr Manmohan Singh showered fulsome praise on Buddhadeb Bhattacharjee as “dynamic”, “the Nation’s Best Chief Minister”, whose “wit and wisdom”, “qualities of head and heart”, “courage of conviction and passionate commitment to the cause of the working people of India” he admired, saying “with Buddhadeb Babu at the helm of affairs it appears Bengal is once again forging ahead… If today there is a meeting of minds between Delhi and Kolkata, it is because the ideas that I and Buddhadebji represent have captured the minds of the people of India. This is the idea of growth with equity and social justice, the idea that economic liberalization and modernization have to be mindful of the needs of the poor and the marginalized.”

With such support of a Congress Prime Minister (as well as proximity to Pranab Mukherjee), Mr Bhattacharjee could hardly have feared the local Congress and Trinamul would pose any threat in the 2006 Assembly Elections despite having more potential voters between them than the CPI-M.

Dr Singh returned to the “needs of the poor and the marginalized” at another business meet on 8 January 2007 promising to “unveil a new Rehabilitation Policy in three months to increase the pace of industrialisation” which would be “more progressive, humane and conducive to the long-term welfare of all stakeholders”, while his businessman host pointedly stated about Singur “land for industry must be made available to move the Indian manufacturing sector ahead”.

The “meeting of minds between Delhi and Kolkata” seems to be that agriculture allegedly has become a relatively backward slow-growing sector deserving to yield in the purported larger national interest to industry and services: what the PM means by “long-term welfare of all stakeholders” is the same as the new CPI-M party-line that the sons of farmers should not remain farmers (but become automobile technicians or IT workers or restaurant waiters instead).

It is a political viewpoint coinciding with interests of organised capital and industrial labour in India today, as represented by business lobbies like CII, FICCI and Assocham on one hand, and unions like CITU and INTUC on the other. Business Standard succinctly (and ominously) advocated this point of view in its lead editorial of 9 January as follows: “it has to be recognised that the world over capitalism has progressed only with the landed becoming landless and getting absorbed in the industrial/service sector labour force ~ indeed it is obvious that if people don’t get off the land, their incomes will rise only slowly”.

Land is the first and ultimate means of production, and the attack of the powerful on land-holdings or land-rights of the unorganised or powerless has been a worldwide phenomenon ~ across both capitalism and communism.

In the mid-19th Century, white North America decimated hundreds of thousands of natives in the most gargantuan land-grab of history. Defeated, Chief Red Cloud of the Sioux spoke in 1868 for the Apache, Navajo, Comanche, Cheyenne, Iroquois and hundreds of other tribes: “They made us many promises, more than I can remember, but they never kept any except one: they promised to take our land, and they took it.”

Half a century later, while the collapse of grain prices contributed to the Great Depression and pauperisation of thousands of small farmers in capitalist America in the same lands that had been taken from the native tribes, Stalin’s Russia embarked on the most infamous state-sponsored land-grab in modern history: “The mass collectivisation of Soviet agriculture (was) probably the most warlike operation ever conducted by a state against its own citizens…. Hundreds of thousands and finally millions of peasants… were deported… desperate revolts in the villages were bloodily suppressed by the army and police, and the country sank into chaos, starvation and misery… The object of destroying the peasants’ independence…was to create a population of slaves, the benefit of whose labour would accrue to industry. The immediate effect was to reduce Soviet agriculture to a state of decline from which it has not yet recovered… The destruction of the Soviet peasantry, who formed three quarters of the population, was not only an economic but a moral disaster for the entire country. Tens of millions were driven into semi-servitude, and millions more were employed as executants…” (Kolakowski, Main Currents of Marxism).

Why did Stalin destroy the peasants? Lenin’s wishful “alliance between the proletariat and the peasantry” in reality could lead only to the peasants being pauperised into proletarians. At least five million peasants died and (Stalin told Churchill at Yalta) another ten million in the resultant famine of 1932-1933. “Certainly it involved a struggle ~ but chiefly one between urban Communists and villagers… it enabled the regime to obtain much of the capital desired for industrialization from the defeated village… it was the decisive step in the building of Soviet totalitarianism, for it imposed on the majority of the people a subjection which only force could maintain” (Treadgold, 20th Century Russia).

Mr Bhattacharjee’s CPI-M is fond of extolling Chinese communism, and the current New Delhi establishment have made Beijing and Shanghai holiday destinations of choice. Dr Singh’s Government has been eager to create hundreds of “Special Economic Zones” run by organised capital and unionised labour, and economically privileged by the State. In fact, the Singur and Nandigram experiences of police sealing off villages where protests occur are modelled on creation of “Special Economic Zones” in China in recent years.

For example, Chinese police on 6 December 2005 cracked down on farmers and fishermen in the seaside village of Dongzhou, 125 miles North East of Hong Kong. Thousands of Dongzhou villagers clashed with troops and armed police protesting confiscation of their lands and corruption among officials. The police immediately sealed off the village and arrested protesters. China’s Public Security Ministry admitted the number of riots over land had risen sharply, reaching more than seventy thousand across China in 2004; police usually suppressed peasant riots without resort to firing but in Dongzhou, police firing killed 20 protesters. Such is the reality of the “emergence” of China, a totalitarian police-state since the Communist takeover in 1949, from its period of mad tyranny until Mao’s death in 1976, followed by its ideological confusion ever since.

Modern India’s political economy today remains in the tight grip of metropolitan “Big Business” and “Big Labour”. Ordinary anonymous individual citizens ~ whether housewife, consumer, student, peasant, non-union worker or small businessman ~ have no real voice or representation in Indian politics. We have no normal conservative, liberal or social democratic party in this country, as found in West European democracies where the era of land-grabbing has long-ceased. If our polity had been normal, it would have known that economic development does not require business or government to pauperise the peasantry but instead to define and secure individual property rights and the Rule of Law, and establish proper conditions for the market economy. The Congress and BJP in Delhi and CPI-M in Kolkata would not have been able to distract attention from their macroeconomic misdeeds over the decades ~ indicated, for example, by increasing interest-expenditure paid annually on Government debt as a fraction of tax revenues (see Table). This macroeconomic rot originated with the Indira Gandhi-PN Haksar capriciousness and mismanagement, which coincided with the start of Dr Singh’s career as India’s best known economic bureaucrat.

Hypocrisy of the CPI-M

Hypocrisy of the CPI-M

Political Collapse In Bengal: A Mid-Term Election/Referendum Is Necessary

First published in The Statesman, Editorial Page Special Article, January 9 2007,

By Subroto Roy

For the 1991 Assembly elections, I happened to draft the West Bengal Congress’s election manifesto although I was not then or ever a member of that or any other party. There was no Trinamul but its future leader had made her jibe of there being watermelons who were red inside and green outside, aptly in case of a few senior leaders. The manifesto quoted George Orwell’s denunciation of communist ruling classes, and was so hard-hitting that the CPI-M’s Sailen Dasgupta came out with a statement he had never read a Congress manifesto that had been so harsh on them; privately, I took that to be a compliment though the Congress of course lost the election. There is no one in Bengal who does not want to see Bengal prosper, and the most candid vigorous political conversation is necessary to discover what in fact is true and what ought or not to be done.

Democratic norms

The functioning of the Basu-Bhattacharjee CPI-M is quite utterly amazing. It deserves to be called such because of the seamless transfer of power that occurred between the two men in November 2000. The Chief Minister in a parliamentary democracy is supposed to have the confidence of the House, yet when Jyoti Basu stopped being CM and anointed Buddhadeb Bhattacharjee to succeed him, not even a perfunctory vote of confidence was asked for in the House ~ a fact I brought to the attention of the-then editor of The Statesman who agreed with me it signified the CPI-M’s contempt for the parliamentary institution they have been ruling over for decades. By contrast, there is already talk in Britain of an early general election as soon as Gordon Brown takes over from Tony Blair.

It is the same contempt for democratic parliamentary norms that Mr Bhattacharjee and company reveal today in pushing through their diabolical plan to acquire farmers’ lands on behalf of their businessmen friends.

All of 37% of those voting in the 2006 Assembly Elections voted for the CPI-M. By contrast, 41.2% voted for Trinamul and Congress together. Add also the 11.4% of those who voted for the Forward Bloc, RSP and CPI all of whom though part of the Left Front have been opposing the CPI-M on this cardinal issue. That constitutes prima facie evidence that a majority of 52.6% vs. 37% of voters may oppose the CPI-M’s present course of action. Mr Bhattacharjee heads a Government that is supposed to act not merely in the interest of members or groups of his own party or those who have flattered or financed it, but everyone in West Bengal including those who voted against the CPI-M as well as those who did not vote at all.

Gerhard Schröder dissolved the German Bundestag in 2005 though his own party held a majority there. He did so merely because his party lost a provincial election and he felt that indicated loss of confidence in it at the federal level also. Such is how genuine modern democracies work. In India to the contrary, we have had notorious misuse of the Constitution when State Governments were dissolved merely because they were ruled by parties opposed to that which had won a Union-level General Election. Even so, India remains a Parliamentary democracy at Union and State levels, and the Government of the day may advise the Head of State to dissolve the House and call for new elections to be held. It may do so even when there is no legal necessity to do so, i.e., even when it is secure with a majority of seats. It may do so because a political necessity has arisen for doing so.

If Mr Bhattacharjee is a genuine democrat, as he wishes to convey an impression of being, he should advise the Governor to dissolve the Assembly because the CPI-M wishes to go to the people to seek a mandate for its plans for the State’s industrialisation and forced acquisition of farm lands towards that end. The Trinamul, Congress, SUCI, Maoists and others including perhaps the CPI, FB, RSP and others will state their opposition, while he, Mr Nirupam Sen and their party will be able to articulate for West Bengal’s voters exactly what they propose to do and why. The CPI-M is adamant its cause is right while the Opposition have been agitating in the streets for months, and miniature civil war conditions now prevail in parts of rural Bengal; worse may be yet to come. There is only one way in a supposedly democratic society like ours to discover what should be done, and that is to dissolve the Assembly and call an election. Both sides will have a chance to articulate their positions to the public, and a vote will be held. There the matter would end. It is the one constructive way forward for the State, and indeed for the nation as a whole. (Alternatively, the Governor could be advised to request the Election Commission to administer India’s first referendum on a single agreed-upon question like “The West Bengal Government’s industrialisation and land-acquisition plan deserves citizens’ support: Yes/No”.)

If an Assembly election comes to be called and the CPI-M falls below a pre-set target of the vote-share, say 33%, or the Left Front below, say, 45%, then Mr Bhattacharjee, even if he commands a majority of seats again, will know he has no mandate and that he must stop and reconsider what he is doing. As I have said in these columns, West Bengal’s main economic problems are financial, having to do with Rs. 92 billion (Rs 9,200 crore) being paid as annual interest on the State Public Debt in 2004, and this may reach Rs 200 billion shortly. Economic development of the State has precious little to do with private businessmen making small cars or motorcycles or putting up buildings for information technology institutes, as Mr Bhattacharjee and his Government have deluded themselves into believing.

CPI-M 2003 statement
Besides its lack of democratic mandate, what surprises most about the modern CPI-M is its sheer hypocrisy. This is a party whose “Central Committee” in June 2003 in Kolkata condemned “non-Left State Governments” for allegedly “giving away thousands of hectares of land either on sale or on lease at throw-away prices to multinational companies and domestic monopolists”, and the Union Government for allegedly issuing “a circular calling for forcible eviction of lakhs of adivasis from the land”. The Basu-Bhattacharjee CPI-M is now clearly hoist with its own petard. Tilak said that what Bengal thinks today, India will think tomorrow. It was not for nothing that he said it. If the CPI-M refers the land-acquisition question to the people in a free and fair election or referendum today, it will set a positive precedent for other States and parties in the country. If instead it pushes forward its current diabolical plans, the example it will have set will be one of initiating a class war in reverse, where the poor shall become poorer and the rich richer. India’s poorest consist of those rural inhabitants without land, and Government would have deliberately contributed to their numbers swelling.

(Author’s Note March 2007: The original article in its first paragraph referred mistakenly to Promode Dasgupta when Sailen Dasgupta had been meant, an error corrected in the next day’s paper.)

Land, Liberty & Value

LAND, LIBERTY & VALUE

Government must act in good faith treating all citizens equally ~ not favouring organised business lobbies and organised labour over an unorganised peasantry

By SUBROTO ROY
First published in The Sunday Statesman Editorial Page Special Article, December 31 2006,

EVERY farmer knows that two adjacent plots of land which look identical to the outsider may be very different in character, as different as two siblings of the same family. Adjacent plots may differ in access to groundwater and sunlight, in minerals and salts, in soil, fertilisers, parasites, weeds or a dozen other agronomic factors. Most of all, they will differ in the quality and ingenuity of thought and labour that has gone into their care and cultivation over the years, perhaps over generations.

John Locke said: “Whatsoever that (a man) removes out of the state that Nature hath provided and left it in, he hath mixed his labour with and joined to it something that is his own, and thereby makes it his property… For this labour being the unquestionable property of the labourer, no one but he can have a right to what that once joined to, at least where there is enough and as good left in common for others” (Second Treatise of Government). Plots of land are as specific as the families that have “mixed” their labour with them. Locke wrote of labour being something “unquestionably” the labourer’s own property; in the same libertarian vein, Robert Nozick opened Anarchy, State and Utopia saying “Individuals have rights, and there are things no person or group may do to them (without violating their rights)”.

But as we recognise the universal sanctity of the individual person and his/her private property, we have to start qualifying it. If you purchase a field, forest or estate through which runs a pathway traditionally used by the public to get from one side to the other then even as the new owner you may not have a right to forbid the public’s use of the pathway. By extension, it is clear the State, the community of which you are a citizen, may approach you and demand there should be and will be a public road or thoroughfare through your property in the common interest. Such is the sovereign’s right of “eminent domain” recognised throughout the world, not only in times of war or natural disaster but also in normal times where private property may be taken for public use. The individual’s right to free use of his/her property is circumscribed as a result.

What may be certainly expected though in all matters is that the State will act in good faith, i.e., that it has conducted proper technical surveys and cost-benefit analyses as well as transparent public hearings, and has honestly decided that the road must be constructed using this route and no other. The doctrine of eminent domain implies that while the right to private property may be basic, it is not absolute, as indeed no right is, not even the right to one’s own life. In India, one key difference between the landmark Golaknath (AIR 1967 SC 1643) and Kesavananda Bharati (AIR 1973 SC 1461) rulings had to do precisely with the former recognising the right to property being fundamental as in our original 1950 Constitution, while the latter consented to the Indira Parliament’s denial of this.

When private property is taken, fair compensation must be paid. For example, the American Constitution says “no private property may be taken for public use without just compensation”. What is just compensation? Typically it would be the “fair market value” — but that must be properly adjudged accounting for the best future use of the land, not merely the historical or traditional past use of the land.

Consider, in a mature urban real-estate market, a plot made vacant because a warehouse located on it has accidentally burned down. What is the value of the plot now? Another warehouse could be built, but other bids could come in too for construction of offices or residential flats or a multi-storey garage. The plot’s value would differ depending on which use it is ultimately put to. And this value would be ascertained by calculating the expected cash flows into the future from each of these possibilities, discounted appropriately to account for the fact the future is less valuable than the present, with the highest value alternative being chosen. That is how a mature private real-estate market works in theory, though in practice there would be zoning and environmental restrictions to account for the traditional nature of the neighbourhood as well as possible pollution by effluent waste etc.

In India, Government departments and ministries have inherited prime urban real estate from British times. Amidst the highest value real estate in Kolkata, Bangalore, Delhi etc. will be found a military camp or flats built for military personnel, having nothing whatsoever to do with furtherance of the nation’s defences today. The appalling state of government accounting and audit of our public property and institutions includes the fact that neither the Union nor State Governments and municipalities have the faintest idea of assets, including real estate, that they own. These public assets are frequently open to abuse by managerially uncontrolled government employees.

Fallacies even more curious seem to be currently at work in Indian policy-making, whether by this or that political party. The “eminent domain” doctrine requires a public purpose to exist for acquisition of private property by the State: e.g. construction of a road, bridge, dam, airport or some other traditional public good which is going to be used by the public. In India as elsewhere, “land reform” did involve taking an absentee landlord A’s land and distributing it to B, C, D and E who worked as peasants on it. But nowhere else outside formerly communist China has land been forcibly taken from peasants B, C, D and E and handed over to this or that private capitalist in name of economic development (in a reverse class war)!

Eminent domain doctrine requires good faith on part of the State with respect to its citizens and that implies treating all citizens’ interests equally – not e.g. favouring an organised business lobby or organised industrial labour over the unorganised peasantry uneducated in the wiles of city people.

Also, there is no reason why Government should be interested in a particular product-mix emerging out of a given private factory (such as the so-called inflation-unadjusted “Rs one lakh car” instead of telecom equipment or garments or textiles). Dr Manmohan Singh’s statement last week that he wishes to see “employment-intensive” industries merely added to Government confusion: from Henry Ford to Japanese “lean business” today, everyone knows the direction of change of technology in the automobile industry has been towards robotics, making modern manufacturing less and less manpower-intensive! The Tatas themselves underwent a major downsizing and restructuring in the last decade, hiving off industries not considered part of their “core competence”.

Traditional agriculture of Singur’s sort represents the most labour-intensive employment-generating kind of rural economy. While such rural life may appear unsatisfying to the urban outsider, there is, as Tolstoy, Rabindranath, Gandhi and others knew, subtle happiness, contentment and tranquility there absent in alienated industrial sprawls. “Surplus” labour occurs in agriculture because of technological improvements in quality and delivery of agricultural inputs as well as new education and awareness (Theodore W. Schultz,Transforming Traditional Agriculture). It is mostly seasonal and all hands are used during the harvest when even urban migrants flock back to help. Industry did not leave Bengal in the 1960s and 1970s because of Mamata Banerjee but because of urban unrest, the culture of gheraos and lockouts, and bad regulations of the labour and capital markets associated largely with Ms Banerjee’s Left Front adversaries.

The basic fiction the Union and State Governments have made themselves believe is that their idea of an industrialisation plan is necessary for economic development. It is not. Real economic problems in West Bengal and elsewhere are financial to do with State budgets. “Debt overhang is there” is how the RBI Governor apologetically put it last week. Interest payments on the West Bengal State public debt consume larger and larger fractions of the revenue: these payments were at Rs 13 Bn in 1995 but grew to Rs. 92 Bn by 2004, and may jump to Rs 200 Bn in the next decade. The communists have been in power thirty years and no one but they are responsible. Making the State’s budget healthy would require tackling the gargantuan bureaucracy, slashing ministerial extravagance (foreign trips, VIP security) etc. It is much easier to hobnob with the rich and powerful while tear-gassing the peasants.

What To Tell Musharraf: Peace Is Impossible Without Non-Aggressive Pakistani Intentions

What to tell Musharraf:

 

 

Peace Is Impossible Without Non-Aggressive Pakistani Intentions

 

 

First published in The Statesman December 15 2006,

Editorial Page Special Article

 

 

by

SUBROTO ROY

 

 

In June 1989 a project at an American university involving Pakistani and other scholars, including one Indian, led to the book Foundations of Pakistan’s Political Economy: Towards an Agenda for the 1990s published in Karachi, New Delhi and elsewhere. The book reached Nawaz Sharif and the Islamabad elite, and General Musharraf’s current proposal on J&K, endorsed warmly by the US State Department last week, derives from the last paragraph of its editorial introduction: “Kashmir… must be demilitarised and unified by both countries sooner or later, and it must be done without force. There has been enough needless bloodshed on the subcontinent… Modern Pakistanis and Indians are free peoples who can voluntarily agree in their own interests to alter the terms set hurriedly by Attlee or Mountbatten in the Indian Independence Act 1947. Nobody but we ourselves keeps us prisoners of superficial definitions of who we are or might be. The subcontinent could evolve its political identity over a period of time on the pattern of Western Europe, with open borders and (common) tariffs to the outside world, with the free movement of people, capital, ideas and culture. Large armed forces could be reduced and transformed in a manner that would enhance the security of each nation. The real and peaceful economic revolution of the masses of the subcontinent would then be able to begin.”

 

 

The editors as economists decried the waste of resources involved in the Pakistan-India confrontation, saying it had “greatly impoverished the general budgets of both Pakistan and India. If it has benefited important sections of the political and military elites of  both countries, it has done so only at the expense of the general welfare of the masses.”

 

 

 

International law

Such words may have been bold in the early 1990s but today, a decade and a half later, they seem incomplete and rather naïve even to their author, who was myself, the only Indian in that project. Most significantly, the position in international law in the context of historical facts had been wholly neglected. So had been the manifest nature of the contemporary Pakistani state.

 

 

Jammu & Kashmir became an entity in international law when the Treaty of Amritsar was signed between Gulab Singh and the British on March 16 1846. British India itself became an entity in international law much later, possibly as late as June 1919 when it signed the Treaty of Versailles. As for Pakistan, it had no existence in world history or international law until August 14 1947, when the British created it as a new entity out of certain demarcated areas of British India and gave it the status of a Dominion. British India dissolved itself on August 15 1947 and the Dominion of India became its successor-state in international law on that date. As BR Ambedkar pointed out at the time, the new India automatically inherited British India’s suzerainty over any and all remaining “princely” states of so-called “Indian India”. In case of J&K in particular, there never was any question of it being recognised as an independent entity in global international law.

 

 

The new Pakistan, by entering a Standstill Agreement with J&K as of August 15 1947, did locally recognise J&K’s sovereignty over its decision whether to join Pakistan or India. But this Pakistani recognition lasted only until the attack on J&K that commenced from Pakistani territory as of October 22 1947, an attack in which Pakistani forces were complicit (something which, in different and mutating senses, has continued ever since). The Dominion of India had indicated it might have consented if J&K’s Ruler had decided to accede to Pakistan in the weeks following the dissolution of British India. But no such thing happened: what did happen was the descent of J&K into a condition of legal anarchy.

 

 

Beginning with the Pakistani attack on J&K as of October 22 upto and including the Rape of Baramulla and the British-led Pakistani coup détat in Gilgit on one side, and the arrival of Indian forces as well as mobilization by Sheikh Abdullah and Bakshi Ghulam Mohammad of J&K’s civilians to repel the Pakistani invaders on the other side, the State of Jammu & Kashmir became an ownerless entity in international law. In Roman Law, from which all modern international and municipal law ultimately derives, the ownership of an ownerless entity is open to be determined by “military decision”. The January 1949 Ceasefire Line that came to be renamed the Line of Control after the 1971 Bangladesh War, demarcates the respective territories that the then-Dominions and later Republics of India and Pakistan acquired by “military decision” of the erstwhile State of J&K which had come to cease to exist.

 

 

What the Republic of India means by saying today that boundaries cannot be redrawn nor any populations forcibly transferred is quite simply that the division of erstwhile J&K territory is permanent, and that sovereignty over it is indivisible. It is only sheer ignorance on the part of General Musharraf’s Indian interviewer the other day which caused it to be said that Pakistan was willing to “give up” its claim on erstwhile J&K State territory which India has held: Pakistan has never had nor even made such a  claim in international law. What Pakistan has claimed is that India has been an occupier and that there are many people inhabiting the Indian area who may not wish to be Indian nationals and who are being compelled against their will to remain so ~  forgetting to add that precisely the same could be said likewise of the Pakistani-held area.

 

 

Accordingly, the lawful solution proposed in these pages a year ago to resolve that matter, serious as it is, has been that the Republic of India invite every person covered under Article 370, citizen-by- citizen, under a condition of full information, to privately and without fear decide, if he/she has not done so already, between possible Indian, Iranian, Afghan or Pakistani nationalities ~ granting rights and obligations of permanent residents to any of those persons who may choose for whatever private reason not to remain Indian nationals. If Pakistan acted likewise, the problem of J&K would indeed come to be resolved. The Americans, as self- appointed mediators, have said they wish “the people of the region to have a voice” in a solution: there can be no better expression of such voice than allowing individuals to privately choose their own nationalities and their rights and responsibilities accordingly. The issue of territorial sovereignty is logically distinct from that of the choice of nationality by individual inhabitants.

 

 

Military de-escalation

Equally significant though in assessing whether General Musharraf’s proposal is an  anachronism, is Pakistan’s history since 1947: through Ayub’s 1965 attack, the civil war and secession of Bangladesh, the Afghan war and growth of the ISI, the Kargil incursion, the 1999 coup détat, and, once or twice removed, the 9/11 attacks against America. It is not a history that allows any confidence to arise in Indians that we are not dealing with a country misgoverned by a tiny arrogant exploitative military elite who remain hell-bent on aggression against us. Like the USA and USSR twenty years ago, what we need to negotiate about, and negotiate hard about, is an overall mutual military drawdown and de-escalation appropriate to lack of aggressive intent on both sides. Is General Musharraf willing to discuss that? It would involve reciprocal verifiable assessment of one another’s reasonable military requirements on the assumption that each was not a threatening enemy of the other. That was how the USA-USSR drawdown and de-escalation occurred successfully. If General Musharraf is unwilling to enter such a discussion, there is hardly anything to talk about with him. We should wait for democracy to return.

Law, Justice and J&K

LAW, JUSTICE AND J&K

 

by SUBROTO ROY

 

First published in two parts inThe Sunday Statesman, July 2 2006 and The Statesman July 3 2006 Editorial Page Special Article

I.

 

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.”

 

 

Legal theory

 

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.

 

 

Roman law

 

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 .

Pakistan’s Allies

PAKISTAN’S ALLIES

 

First published in two parts in The Sunday Statesman, June 4 2006, The Statesman June 5 2006, Editorial Page Special Article

 

by Subroto Roy

 

 

From the 1846 Treaty of Amritsar creating the State of Jammu & Kashmir until the collapse of the USSR in 1991, Britain and later the USA became increasingly interested in the subcontinent’s Northwest. The British came to India by sea to trade. Barren, splendid, landlocked Afghanistan held no interest except as a home of fierce tribes; but it was the source of invasions into the Indian plains and prompted a British misadventure to install Shah Shuja in place of Dost Mohammad Khan leading to ignominious defeat. Later, Afghanistan was seen as the underbelly of the Russian and Soviet empires, and hence a location of interest to British and American strategic causes.

 

 

In November 1954, US President Dwight Eisenhower authorized 30 U-2 spy aircraft to be produced for deployment against America’s perceived enemies, especially to investigate Soviet nuclear missiles which could reach the USA. Reconnaissance balloons had been unsuccessful, and numerous Western pilots had been shot down taking photographs from ordinary military aircraft. By June 1956, U-2 were making clandestine flights over the USSR and China. But on May 1 1960, one was shot or forced down over Sverdlovsk, 1,000 miles within Soviet territory. The Americans prevaricated that it had taken off from Turkey on a weather-mission, and been lost due to oxygen problems. Nikita Kruschev then produced the pilot, Francis Gary Powers, who was convicted of spying, though was exchanged later for a Soviet spy. Powers had been headed towards Norway, his task to photograph Soviet missiles from 70,000 ft, his point of origin had been an American base 20 miles from Peshawar.

 

 

America needed clandestine “forward bases” from which to fly U-2 aircraft, and Pakistan’s ingratiating military and diplomatic establishment was more than willing to offer such cooperation, fervently wishing to be seen as a “frontline state” against the USSR. “We will help you defeat the USSR and we are hopeful you will help us defeat India” became their constant refrain. By 1986, the Americans had been permitted to build air-bases in Balochistan and also use Mauripur air-base near Karachi.

 

 

Jammu & Kashmir and especially Gilgit-Baltistan adjoins the Pashtun regions whose capital has been Peshawar. In August-November 1947, a British coup d’etat against J&K State secured Gilgit-Baltistan for the new British Dominion of Pakistan.

 

 

The Treaty of Amritsar had nowhere required Gulab Singh’s dynasty to accept British political control in J&K as came to be exercised by British “Residents” in all other Indian “Native States”. Despite this, Delhi throughout the late 19th Century relentlessly pressed Gulab Singh’s successors Ranbir Singh and Partab Singh to accept political control. The Dogras acquiesced eventually. Delhi’s desire for control had less to do with the welfare of J&K’s people than with protection of increasing British interests in the area, like European migration to Srinagar Valley and guarding against Russian or German moves in Afghanistan. “Sargin” or “Sargin Gilit”, later corrupted by the Sikhs and Dogras into “Gilgit”, had an ancient people who spoke an archaic Dardic language “intermediate between the Iranian and the Sanskritic”. “The Dards were located by Ptolemy with surprising accuracy on the West of the Upper Indus, beyond the headwaters of the Swat River (Greek: Soastus) and north of the Gandarae (i.e. Kandahar), who occupied Peshawar and the country north of it. This region was traversed by two Chinese pilgrims, Fa-Hsien, coming from the north about AD 400 and Hsuan Tsiang, ascending from Swat in AD 629, and both left records of their journeys.”

 

 

Gilgit had been historically ruled by a Hindu dynasty called Trakane; when they became extinct, Gilgit Valley “was desolated by successive invasions of neighbouring rulers, and in the 20 or 30 years ending with 1842 there had been five dynastic revolutions. The Sikhs entered Gilgit about 1842 and kept a garrison there.” When J&K came under Gulab Singh, “the Gilgit claims were transferred with it, and a boundary commission was sent” by the British. In 1852 the Dogras were driven out with 2,000 dead. In 1860 under Ranbir Singh, the Dogras “returned to Gilgit and took Yasin twice, but did not hold it. They also in 1866 invaded Darel, one of the most secluded Dard states, to the south of the Gilgit basin but withdrew again.”

 

 

The British appointed a Political Agent in Gilgit in 1877 but he was withdrawn in 1881. “In 1889, in order to guard against the advance of Russia, the British Government, acting as the suzerain power of Kashmir, established the Gilgit Agency”. The Agency was re-established under control of the British Resident in Jammu & Kashmir. “It comprised the Gilgit Wazarat; the State of Hunza and Nagar; the Punial Jagir; the Governorships of Yasin, Kuh-Ghizr and Ishkoman, and Chilas”. In 1935, the British demanded J&K lease to them for 60 years Gilgit town plus most of the Gilgit Agency and the hill-states Hunza, Nagar, Yasin and Ishkuman. Hari Singh had no choice but to acquiesce. The leased region was then treated as part of British India, administered by a Political Agent at Gilgit responsible to Delhi, first through the Resident in J& K and later a British Agent in Peshawar. J& K State no longer kept troops in Gilgit and a mercenary force, the Gilgit Scouts, was recruited with British officers and paid for by Delhi. In April 1947, Delhi decided to formally retrocede the leased areas to Hari Singh’s J& K State as of 15 August 1947. The transfer was to formally take place on 1 August.

 

 

On 31 July, Hari Singh’s Governor arrived to find “all the officers of the British Government had opted for service in Pakistan”. The Gilgit Scouts’ commander, a Major William Brown aged 25, and his adjutant, a Captain Mathieson, planned openly to engineer a coup détat against Hari Singh’s Government. Between August and October, Gilgit was in uneasy calm. At midnight on 31 October 1947, the Governor was surrounded by the Scouts and the next day he was “arrested” and a provisional government declared.

Hari Singh’s nearest forces were at Bunji, 34 miles from Gilgit, a few miles downstream from where the Indus is joined by Gilgit River. The 6th J& K Infantry Battalion there was a mixed Sikh-Muslim unit, typical of the State’s Army, commanded by a Lt Col. Majid Khan. Bunji controlled the road to Srinagar. Further upstream was Skardu, capital of Baltistan, part of Laddakh District where there was a small garrison. Following Brown’s coup in Gilgit, Muslim soldiers of the 6th Infantry massacred their Sikh brothers-at-arms at Bunji. The few Sikhs who survived escaped to the hills and from there found their way to the garrison at Skardu.

 

 

On 4 November 1947, Brown raised the new Pakistani flag in the Scouts’ lines, and by the third week of November a Political Agent from Pakistan had established himself at Gilgit. Brown had engineered Gilgit and its adjoining states to first secede from J&K, and, after some talk of being independent, had promptly acceded to Pakistan. His commander in Peshawar, a Col. Bacon, as well as Col. Iskander Mirza, Defence Secretary in the new Pakistan and later to lead the first military coup détat and become President of Pakistan, were pleased enough. In July 1948, Brown was awarded an MBE (Military) and the British Governor of the NWFP got him a civilian job with ICI~ which however sent him to Calcutta, where he came to be attacked and left for dead on the streets by Sikhs avenging the Bunji massacre. Brown survived, returned to England, started a riding school, and died in 1984. In March 1994, Pakistan awarded his widow the Sitara-I-Pakistan in recognition of his coup détat.

 

 

Gilgit’s ordinary people had not participated in Brown’s coup which carried their fortunes into the new Pakistan, and to this day appear to remain without legislative representation. It was merely assumed that since they were mostly Muslim in number they would wish to be part of Pakistan ~ which also became Liaquat Ali Khan’s assumption about J&K State as a whole in his 1950 statements in North America. What the Gilgit case demonstrates is that J&K State’s descent into a legal condition of ownerless anarchy open to “Military Decision” had begun even before the Pakistani invasion of 22 October 1947 (viz. “Solving Kashmir”, The Statesman, 1-3 December 2005). Also, whatever else the British said or did with respect to J & K, they were closely allied to the new Pakistan on the matter of Gilgit.

 

 

The peak of Pakistan’s Anglo-American alliance came with the enormous support in the 1980s to guerrilla forces created and headquartered in Peshawar, to battle the USSR and Afghan communists directly across the Durand Line. It was this guerrilla war which became a proximate cause of the collapse of the USSR as a political entity in 1991. President Ronald Reagan’s CIA chief William J. Casey sent vast sums in 1985-1988 to supply and train these guerrillas. The Washington Post and New Yorker reported the CIA training guerrillas “in the use of mortars, rocket grenades, ground-to-air missiles”. 200 hand-held Stinger missiles were supplied for the first time in 1986 and the New Yorker reported Gulbudin Hikmatyar’s “Hizbe Islami” guerrillas being trained to bring down Soviet aircraft. “Mujahideen had been promised two Stingers for every Soviet aircraft brought down. Operators who failed to aim correctly were given additional training… By 1986, the United States was so deeply involved in the Afghan war that Soviet aircraft were being brought down under the supervision of American experts”. (Raja Anwar, The Tragedy of Afghanistan, 1988, p. 234).

 

 

The budding US-China détente brokered by Pakistan came into full bloom here. NBC News on 7 January 1980 said “for the first time in history (a senior State Department official) publicly admitted the possibility of concluding a military alliance between the United States and China”. London’s Daily Telegraph reported on 5 January 1980 “China is flying large supplies of arms and ammunition to the insurgents in Afghanistan. According to diplomatic reports, supplies have arrived in Pakistan from China via the Karakoram Highway…. A major build-up of Chinese involvement is underway ~ in the past few days. Scores of Chinese instructors have arrived at the Shola-e-Javed camps.”

 

 

Afghan reports in 1983-1985 said “there were eight training camps near the Afghan border operated by the Chinese in Sinkiang province” and that China had supplied the guerrillas “with a variety of weapons including 40,000 RPG-7 and 20,000 RPG-II anti tank rocket launchers.” Like Pakistan, “China did not publicly admit its involvement in the Afghan conflict: in 1985 the Chinese Mission at the UN distributed a letter denying that China was extending any kind of help to the Afghan rebels” (Anwar, ibid. p. 234). Support extended deep and wide across the Arab world. “The Saudi and Gulf rulers … became the financial patrons of the Afghan rebels from the very start of the conflict”. Anwar Sadat, having won the Nobel Peace Prize, was “keen to claim credit for his role in Afghanistan…. by joining the Afghanistan jihad, Sadat could re-establish his Islamic credentials, or so he believed. He could thus not only please the Muslim nations but also place the USA and Israel in his debt.” Sadat’s Defence Minister said in January 1980: “Army camps have been opened for the training of Afghan rebels; they are being supplied with weapons from Egypt” and Sadat told NBC News on 22 September 1981 “that for the last twenty-one months, the USA had been buying arms from Egypt for the Afghan rebels. He said he had been approached by the USA in December 1979 and he had decided to `open my stores’. He further disclosed that these arms were being flown to Pakistan from Egypt by American aircraft. Egypt had vast supplies of SAM-7 and RPG-7 anti-aircraft and anti-tank weapons which Sadat agreed to supply to Afghanistan in exchange for new American arms. The Soviet weapons, being light, were ideally suited to guerrilla warfare. … the Mujahideen could easily claim to have captured them from Soviet and Afghan troops in battle.… Khomeini’s Iran got embroiled in war (against Iraq) otherwise Kabul would also have had to contend with the full might of the Islamic revolutionaries.” (Anwar ibid. p. 235).

 

 

Afghanistan had been occupied on 26-27 December 1979 by Soviet forces sent by the decrepit Leonid Brezhnev and Yuri Andropov to carry out a putsch replacing one communist, Hafizullah Amin, with a rival communist and Soviet protégé, Babrak Karmal. By 1985 Brezhnev and Andropov were dead and Mikhail Sergeyevich Gorbachev had begun his attempts to reform the Soviet system, usher in openness, end the Cold War and in particular withdraw from Afghanistan, which by 1986 he had termed “a bleeding wound”. Gorbachev replaced Karmal with a new protégé Najibullah Khan, who was assigned the impossible task of bringing about national reconciliation with the Pakistan-based guerrillas and form a national government. Soviet forces withdrew from Afghanistan in February 1989 having lost 14,500 dead, while more than a million Afghans had been killed since the invasion a decade earlier.

 

 

Not long after Russia’s Bolshevik Revolution, Gregory Zinoviev had said that international communism “turns today to the peoples of the East and says to them, `Brothers, we summon you to a Holy War first of all against British imperialism!’ At this there were cries of Jehad! Jehad! And much brandishing of picturesque Oriental weapons.” (Treadgold, Twentieth Century Russia, 1990, p. 213). Now instead, the Afghan misadventure had contributed to the collapse of the Soviet Empire itself, the USSR ceasing to be a political entity by 1991, and even Gorbachev being displaced by Boris Yeltsin and later Vladimir Putin in a new Russia.

 

 

What resulted for the people of the USA and Britain and the West in general was that they no longer had to live under threat of hostile Soviet tanks and missiles, while the people of Russia, Ukraine and the other erstwhile Soviet republics as well as Eastern Europe were able to throw off the yoke of communism that had oppressed them since the Bolshevik Revolution and instead to breathe the air of freedom.

 

 

What happened to the people of Afghanistan, however, was that they were plunged into further ghastly civil war for more than ten years. And what happened to the people of Pakistan was that their country was left resembling a gigantic Islamist military camp, awash with airfields, arms, ammunition and trained guerrillas, as well as a military establishment enlivened as always by perpetual hope that these supplies, provisions and personnel of war might find alternative use in attacks against India over J& K. “We helped you when you wished to see the Soviet Union defeated and withdrawing in Afghanistan”, Pakistan’s generals and diplomats pleaded with the Americans and British, “now you must help us in our wish to see India defeated and withdrawing in Kashmir”. Pakistan’s leaders even believed that just as the Soviet Union had disintegrated afterwards, the Indian Union perhaps might be made to do the same. Not only were the two cases as different as chalk from cheese, Palmerstone’s dictum there are no permanent allies in the politics of nations could not have found more apt use than in what actually came to take place next.

Pakistan’s generals and diplomats felt betrayed by the loss of Anglo-American paternalism towards them after 1989.

 

 

Modern Pakistanis had never felt they subscribed to the Indian nationalist movement culminating in independence in August 1947. The Pakistani state now finally declared its independence in the world by exploding bombs in a nuclear arsenal secretly created with help purchased from China and North Korea. Pakistan’s leaders thus came to feel in some control of Pakistan’s destiny as a nation-state for the first time, more than fifty years after Pakistan’s formal creation in 1947. If nothing else, at least they had the Bomb.

 

 

Secondly, America and its allies would not be safe for long since the civil war they had left behind in Afghanistan while trying to defeat the USSR now became a brew from which arose a new threat of violent Islamism. Osama bin Laden and the Taliban, whom Pakistan’s military and the USA had promoted, now encouraged unprecedented attacks on the American mainland on September 11 2001 ~ causing physical and psychological damage which no Soviet, Chinese or Cuban missiles ever had been allowed to do. In response, America attacked and removed the Taliban regime in Afghanistan, once again receiving the cooperative use of Pakistani manpower and real estate ~ except now there was no longer any truck with the Pakistani establishment’s wish for a quid pro quo of Anglo-American support against India on J&K. Pakistan’s generals and diplomats soon realised their Anglo-American alliance of more than a half-century ended on September 11 2001. Their new cooperation was in killing or arresting and handing over fellow-Muslims and necessarily lacked their earlier feelings of subservience and ingratiation towards the Americans and British, and came to be done instead under at least some duress. No benefit could be reaped any more in the fight against India over Jammu & Kashmir. An era had ended in the subcontinent.

 

 

(Of related interest here: “Understanding Pakistan”, “Solving Kashmir”, “Law, Justice & J&K”, “History of J&K”, “What to Tell Musharraf”, “Saving Pakistan”, “Pakistan’s Kashmir Obsession”, “Two Cheers for Pakistan!” , “The Greatest Pashtun” .)

The Dream Team: A Critique

The Dream Team: A Critique

by Subroto Roy

First published in The Statesman and The Sunday Statesman, Editorial Page Special Article, January 6,7,8, 2006

(Author’s Note: Within a few weeks of this article appearing, the Dream Team’s leaders appointed the so-called Tarapore 2 committee to look into convertibility — which ended up recommending what I have since called the “false convertibility” the RBI is presently engaged in. This article may be most profitably read along with other work republished here: “Rajiv Gandhi and the Origins of India’s 1991 Economic Reform”, “Three Memoranda to Rajiv Gandhi”, “”Indian Money & Banking”, “Indian Money & Credit” , “India’s Macroeconomics”, “Fiscal Instability”, “Fallacious Finance”, “India’s Trade and Payments”, “Our Policy Process”, “Against Quackery”, “Indian Inflation”, etc)

1. New Delhi’s Consensus: Manmohantekidambaromics

Dr Manmohan Singh has spoken of how pleasantly surprised he was to be made Finance Minister in July 1991 by PV Narasimha Rao. Dr Singh was an academic before becoming a government economic official in the late 1960s, rising to the high office of Reserve Bank Governor in the 1980s. Mr Montek Singh Ahluwalia now refers to him as “my boss” and had been his Finance Secretary earlier. Mr Ahluwalia was a notable official in the MacNamara World Bank before being inducted a senior government official in 1984. Mr P Chidambaram was PVNR’s Commerce Minister, and later became Finance Minister in the Deve Gowda and Gujral Governments. Mr Chidamabaram is a Supreme Court advocate with an MBA from Harvard’s Business School. During 1998-2004, Dr Singh and Mr Chidambaram were in Opposition but Mr Ahluwalia was Member-Secretary of the Vajpayee Planning Commission. Since coming together again in Sonia Gandhi’s United Progressive Alliance, they have been flatteringly named the “Dream Team” by India’s pink business newspapers, a term originally referring to some top American basketball players.

Based on pronouncements, publications and positions held, other members or associates of the “Dream Team” include Reserve Bank Governor Dr YV Reddy; his predecessor Dr Bimal Jalan; former PMO official Mr NK Singh, IAS; Chief Economic Advisers Dr Shankar Acharya and Dr Ashok Lahiri; RBI Deputy Governor Dr Rakesh Mohan; and others like Dr Arvind Virmani, Dr Isher Ahluwalia, Dr Parthasarathi Shome, Dr Vijay Khelkar, Dr Ashok Desai, Dr Suman Bery, Dr Surjit Bhalla, Dr Amaresh Bagchi, Dr Govind Rao. Honorary members include Mr Jaswant Singh, Mr Yashwant Sinha, Mr KC Pant and Dr Arun Shourie, all economic ministers during the Vajpayee premiership. Institutional members include industry chambers like CII and FICCI representing “Big Business”, and unionised “Big Labour” represented by the CPI, CPI(M) and prominent academics of JNU. Mr Mani Shankar Aiyar joins the Dream Team with his opinion that a gas pipeline is “necessary for the eradication of poverty in India”. Mr Jairam Ramesh explicitly claimed authoring the 1991 reform with Mr Pranab Mukherjee and both must be members (indeed the latter as Finance Minister once had been Dr Singh’s boss). Dr Arjun Sengupta has claimed Indira Gandhi started the reforms, and he may be a member too. External members include Dr Jagdish Bhagwati, Dr. TN Srinivasan, Dr Meghnad Desai, Dr Vijay Joshi, Mr Ian Little, Dr Anne O. Krueger, Dr John Williamson, IMF Head Dr R Rato, and many foreign bank analysts who deal in Bombay’s markets. Harvard’s Dr Larry Summers joins with his statement while US Treasury Secretary in January 2000 that a 10% economic growth rate for India was feasible. His Harvard colleague Dr Amartya Sen — through disciples like Dr Jean Dreze (adviser to Sonia Gandhi on rural employment) — must be an ex officio member; as an old friend, the Prime Minister launched Dr Sen’s recent book while the latter has marked Dr Singh at 80% as PM. Media associates of the Dream Team include editors like Mr Aroon Purie, Mr Vinod Mehta, Dr Prannoy Roy, Mr TN Ninan, Mr Vir Sanghvi and Mr Shekhar Gupta, as well as the giddy young anchors of what passes for news and financial analysis on cable TV.

This illustrious set of politicians, government officials, economists, journalists and many others have come to define what may be called the “New Delhi Consensus” on contemporary India’s economic policy. While it is unnecessary everyone agree to the same extent on every aspect — indeed on economic policy the differences between the Sonia UPA and Vajpayee NDA have had to do with emphasis on different aspects, each side urging “consensus” upon the other — the main factual and evaluative claims and policy-prescriptions of the New Delhi Consensus may be summarised as follows:

A: “The Narasimha Rao Government in July 1991 found India facing a grave balance of payments crisis with foreign exchange reserves being very low.”

B: “A major cause was the 1990-1991 Gulf War, in its impact as an exogenous shock on Indian migrant workers and oil prices.”

C: “The Dream Team averted a macroeconomic crisis through “structural adjustment” carried out with help of the IMF and World Bank; hence too, India was unaffected by the 1997 ‘Asian crisis'”.

D: “The PVNR, Deve Gowda, Gujral and Vajpayee Governments removed the notorious license-quota-permit Raj.”

E: “India’s measurable real economic growth per capita has been raised from 3% or lower to 7% or more.”

F: “Foreign direct investment has been, relative to earlier times, flooding into India, attracted by lower wages and rents, especially in new industries using information technology.”

G: “Foreign financial investment has been flooding into India too, attracted by India’s increasingly liberalised capital markets, especially a liberalised current account of the balance of payments.”

H: “The apparent boom in Bombay’s stock market and relatively large foreign exchange reserves bear witness to the confidence foreign and domestic investors place in India’s prospects.”

I: “The critical constraint to India’s future prosperity is its “infrastructure” which is far below what foreign investors are used to in other countries elsewhere in Asia.”

J: “It follows that massive, indeed gargantuan, investments in highways, ports, airports, aircraft, city-flyovers, housing-estates, power-projects, energy exploration, gas pipelines, etc, out of government and private resources, domestic and foreign, is necessary to remove remaining “bottlenecks” to further prosperity for India’s masses, and these physical constructions will cause India’s economy to finally ‘take off’.”

K: “India’s savings rate (like China’s) is exceptionally high as is observable from vast expansion of bank-deposits, and these high (presumed) savings, along with foreign savings, will absorb the gargantuan investment in “infrastructure” without inflation.”

L: “Before the gargantuan macroeconomic investments bear the fruits of prosperity, equally large direct transfer payments also must be made from the Government to prevent mass hunger and/or raise nominal incomes across rural India, while existing input or other subsidies to producers, especially farmers, also must continue.”

M: “While private sector participants may increasingly compete via imports or as new entrants in industries where the public sector has been dominant, no bankruptcy or privatisation must be allowed to occur or be seen to occur which does not provide public sector workers and officials with golden parachutes.”

Overall, the New Delhi Consensus paints a picture of India’s economy on an immensely productive trajectory as led by Government partnered by Big Business and Big Labour, with the English-speaking intellectuals of the Dream Team in the vanguard as they fly between exotic conferences and international commercial deals. An endless flow of foreign businessmen and politicians streaming through Bangalore, Hyderabad, five-star hotels or photo-opportunities with the PM, followed by official visits abroad to sign big-ticket purchases like arms or aircraft, reinforce an impression that all is fine economically, and modern India is on the move. Previously rare foreign products have become commonplace in India’s markets, streets and television-channels, and a new materialist spirit, supposedly of capitalism, is captured by the smug slogan yeh dil mange more (this heart craves more) as well as the more plaintive cry pardesi jana nahin, mujhe chhorke (foreigner, please don’t leave me).

2. Money, Convertibility, Inflationary Deficit Financing

India’s Rupee became inconvertible in 1942 when the British imposed exchange controls over the Sterling-Area. After 1947 independent India and Pakistan, in name of “planned” economic development, greatly widened this war-time regime – despite the fact they were at war now only with one another over Jammu & Kashmir and, oddly enough, formed an economic union until 1951 with their currencies remaining freely convertible with each other.

On May 29 1984, the present author’s Pricing, Planning and Politics: A Study of Economic Distortions in India proposed in London that the Indian Rupee become a convertible hard currency again — the first time liberal economics had been suggested for India since BR Shenoy’s critique of the Second Five Year Plan (a fact attracting an editorial of The Times). The simple litmus test whether believers in the New Delhi Consensus have or have not the courage of their stated convictions – i.e., whether what they have been saying is, in its empirical fundamentals, more signal or noise, more reality or rhetorical propaganda – would be to carry through that proposal made 21 years ago. The Dream Team have had more than enough political power to undertake this, and it remains the one measure necessary for them to demonstrate to India’s people and the world that the exuberant confidence they have been promoting in their model of India’s economy and its prospects is not spurious.

What does convertibility entail?  For a decade now, India has had limited ease of availability of foreign exchange for traders, students and tourists. Indeed some senior Government monetary economists believe there is convertibility already except forex dealers are being allowed “one-way” and not “two-way” quotes! That is wrong. The Government since 1942 has requisitioned at the border all foreign exchange earned by exporters or received as loans or investment — allocating these first to pay interest and amortisation on the country’s foreign debt, then to make its own weapons and other purchases abroad, then to release by ration what remains to private traders, students, tourists et al. Current account liberalisation has meant the last of these categories has been relaxed, especially by removal of some import quotas. What a convertible Rupee would mean is far more profound. It would allow any citizen to hold and save an Indian money that was exchangeable freely (i.e. without Government hindrance) into moneys of other countries. Full convertibility would mean all the paper money, bank deposits and rupee-denominated nominal assets held by ordinary people in India becomes, overnight, exchangeable without hindrance into dollars, yens, pounds or euros held anywhere (although not of course at the “one-way” rates quoted today).

Now money is a most peculiar human institution. Paper money is intrinsically worthless but all of India’s 1,000 million people (from street children onwards) have need to hold it temporarily to expedite their individual transactions of buying and selling real goods and services. Money also acts as a repository of value over time and unit of account or measure of economic value. While demand to hold such intrinsically worthless paper is universal, its supply is a Government monopoly. Because Government accepts obligations owed to it in terms of the fiat money it has itself issued, the otherwise worthless paper comes to possess value in exchange. Because Government controls its supply, money also can be abused easily enough as a technique of invisible taxation via inflation.

With convertibility in India, the quantity of currency and other paper assets like public debt instruments representing fiscal decisions of India’s Union and State Governments, will have to start to compete with those produced by other governments. Just as India’s long-jumpers and tennis-players must compete with the world’s best if they are to establish and sustain their athletic reputations, so India’s fiscal and monetary decisions (i.e. about government spending and revenues, interest-rates and money supply growth) will have to start competing in the world’s financial markets with those of the EU, USA, Japan, Switzerland, ASEAN etc.

The average family in rural Madhya Pradesh who may wish, for whatever personal reason, to liquidate rupee-denominated assets and buy instead Canadian, Swiss or Japanese Government debt, or mutual fund shares in New York, Frankfurt or Singapore, would not be hindered by India’s Government from doing so. They would become as free as the swankiest NRI jet-setters have been for years (like many members of the New Delhi Consensus and their grown children abroad).  Scores of millions of ordinary Indians unconnected with Big Business or Big Labour, neither among the 18 million people in government nor the 12 million in the organised private sector, would become free to hold any portfolio of assets they chose in global markets (small as any given individual portfolio may be in value). Like all those glamorous NRIs, every Indian would be able to hold dollar or Swiss Franc deposit accounts at the local neighbourhood bank. Hawala operators worldwide would become redundant. Ordinary citizens could choose to hold foreign shares, real-estate or travellers’ cheques as assets just as they now choose jewellery before a wedding. The Indian Rupee, after more than 65 years, would once again become as good as all the proverbial gold in Fort Knox.

When added up, the new demand of India’s anonymous masses to hold foreign rather than Rupee-denominated assets will certainly make the Rupee decline in price in world markets. But — if the implicit model of India’s economy promoted by the Dream Team is based on correctly ascertained empirical facts — foreign and domestic investor confidence should suffice for countervailing tendencies to keep India’s financial and banking system stable under convertibility. Not only would India’s people be able to use and save a currency of integrity, the allocation of real resources would also improve in efficiency as distortions would be reduced in the signalling function of domestic relative prices compared to world relative prices. An honest Rupee freely priced in world markets at, say, 90 per dollar, would cause very different real microeconomic decisions of Government and private producers and consumers (e.g., with respect to weapons’ purchases or domestic transportation, given petroleum and jet fuel imports) than a semi-artificial Rupee at 45 per dollar which forcibly an inconvertible asset in global markets. A fully convertible Rupee will cause economic and political decisions in the country more consistent with word realities.

Why the Rupee is not going to be made convertible in the foreseeable future – or why, in India’s present fiscal circumstances if it was, it would be imprudent to do so – is because, contrary to the immense optimism promoted by the Dream Team about their own deeds since 1991, they have in fact been causing India’s monetary economy to skate on the thinnest of thin ice. Put another way, a house of cards has been constructed whose cornerstone constitutes that most unscientific anti-economic of assumptions, the “free lunch”: that something can be had for nothing, that real growth in average consumption levels of the masses of ordinary households of rural and urban India can meaningfully come about by nominal paper-money creation accompanied by verbal exhortation, hocus-pocus or abracadabra from policy-makers and their friends in Big Business, Big Labour and the media. (Lest half-remembered inanities about “orthodox economics” come to be mouthed, Maynard Keynes’s 1936 book was about specific circumstances in Western economies during the Depression and it is unwise to extend its presumptions to unintended situations.)

3. Rajiv Gandhi and Perestroika Project

On 25 May 2002, India’s newspapers reported “PV Narasimha Rao and Manmohan Singh lost their place in Congress history as architects of economic reforms as the Congress High Command sponsored an amendment to a resolution that had laid credit at the duo’s door. The motion was moved by…. Digvijay Singh asserting that the reforms were a brainchild of the late Rajiv Gandhi and that the Rao-Singh combine had simply nudged the process forward.”

Now Rajiv Gandhi was an airline-pilot and knew no economics. But the origins of the 1991 reform did come about because of an encounter he had, as Opposition Leader and Congress President from September 1990 onwards, with a “perestroika” project for India’s political economy occurring at an American university since 1986 (viz., The Statesman Editorial Page July 31-August 2 1991, now republished here; Freedom First October 2001). In being less than candid in acknowledging the origins of the reform, the Dream Team may have failed to describe accurately the main symptoms of illness that afflicted India before 1991, and have consequently failed to diagnose and prescribe for it correctly ever since.

The Government of India, like many others, has been sorely tempted to finance its extravagant expenditures by abusing its monopoly over paper-money creation. The British taught us how to do this, and in 1941-43 caused the highest inflation rates ever seen in India as a result. Fig. 1 shows this, and also that real growth in India follows as expected the trend-rate of technological progress (having little to do with government policy). Independent India has continually financed budget- deficits by money creation in a process similar to what the British and Americans did in wartime. This became most conspicuous after Indira Gandhi’s bank and insurance nationalisations of 1969-1970. Indeed, among current policy-makers, Pranab Mukherjee, Manmohan Singh, Arjun Sengupta, Montek Singh Ahluwalia, Bimal Jalan, NK Singh, Amaresh Bagchi and Shankar Acharya, were among those governing such macroeconomic processes before 1991 — albeit in absence of the equations that illustrate their nature. Why the Rupee cannot be made an honest, internationally convertible, stable money held with confidence by all Indians today, is because the Dream Team have continued with the same macroeconomics ever since. The personal and political ambitions of the tiniest super-elite that the New Delhi Consensus represent (both personal and political) have depended precisely on gargantuan unending deficit-financing backed by unlimited printing of paper-money, and hence the continuing destruction of the integrity of India’s banking system. A convertible Rupee would allow India’s ordinary people to choose to hold other stores of value available in the world today, like gold or monies issued by foreign governments, and thus force an end to such processes.

Two recent articles in The Statesman (Perspective Page 30 October 2005, Front Page 29 November 2005) outlined India’s financial repression and negative real interest rates (which suffice to explain the present stock market boom the way athletes perform better on steroids), and also how deficits get financed by money creation accompanied by wishful projections of economic growth in an upside down imitation of how macroeconomic policy gets done in the West.

“Narrow Money” consists mostly of hand-to-hand currency. “Broad Money” consists of Narrow Money plus bank-deposits. Modern banking is built on “fractional reserves”, i.e. a system of trust where your bank does not literally hold onto deposits you place there but lends these out again – which causes further deposit expansion because no individual banker can tell whether a new deposit received by it is being caused by the depositor having himself borrowed. As a general rule, bank lending causes further deposit expansion. Why India’s (and China’s) bank deposits have been expanding is not because Indians (or Chinese) are superhuman savers of financial assets in banks but because the Government of India (and China) has for decades compelled (the mostly nationalised) banks to hold vast sums of Government debt on the asset side of their balance-sheets. Thus there has been humongous lending by the banking system to pay for Government expenditures. The Dream Team’s macroeconomics relies entirely on this kind of unending recourse to deficit finance and money creation, causing dry rot to set into banks’ balance sheets (Figs. 2,3, 4).   If the Rupee became convertible, those vast holdings of Government debt by banks would become valued at world prices. The crucial question would be how heavily New York, London and Hong Kong financial markets discounted Indian sovereign debt. If upon convertibility, the asset sides of domestic Indian banks get discounted very heavily by world financial markets, their insolvency upon being valued at international prices could trigger catastrophic repercussions throughout India’s economy. Hence the Rupee cannot be made convertible — and all our present inefficiencies and inequities will continue for ever with New Delhi’s rhetorical propaganda alongside. The capital flight of 10 out of 1000 million Indians will continue, leaving everyone else with the internal and foreign public debts to pay.

4. A Different Strategy had Rajiv Not Been Assassinated

Had Rajiv Gandhi not been assassinated and the perestroika project allowed to take its course, a different strategy would have been chosen. Honest money first demands honest Government and political leadership. It would at the outset have been recognised by Government (and through Government by all India’s people) that the asset-liability, income-expenditure and cash-flow positions of every public entity in the country without exception — of the Union Government, every State and local Government, every public undertaking and project – is abysmal.  Due to entanglement with government financial loans, labour regulations, subsidies, price controls, protection and favouritism, the same holds for the financial positions of vast numbers of firms in the organised private sector. Superimpose on this dismal scene, the bleak situation of the Rule of Law in the country today – where Courts of Justice from highest to lowest suffer terrible abuse receiving pitiable amounts of public resources despite constituting a third and independent branch of India’s Government (while police forces, despite massive expenditure, remain incompetent, high-handed and brutal). What India has needed ever since 1991 is the Rule of Law, total transparency of public information, and the fiercest enforcement of rigorous accounting and audit standards in every government entity and public institution. It is only when budgets and financial positions become sound that ambitious goals can be achieved.

The Dream Team have instead made a fetish of physical construction of “infrastructure”, in some grandiose make-believe dreamworld which says the people of India wish the country to be a superpower. The Dream Team have failed to properly redefine for India’s masses the appropriate fiscal and monetary relationship between State and citizen – i.e. to demarcate public from private domains, and so enhance citizens’ sense of individual responsibility for their own futures, as well as explain and define what government and public institutions can and cannot do to help people’s lives. Grotesque corruption and inefficiency have thus continued to corrode practically all organs, institutions and undertakings of government. Corruption is the transmutation of publicly owned things into private property, while its mirror image, pollution, is the disposal of private wastes into the public domain. Both become vastly more prevalent where property rights between private and public domains remain ill demarcated. What belongs to the individual citizen and what to sovereign India –their rights and obligations to one another – remains fuzzy. Hence corruption and pollution run amuck. The irrational obsession with “infrastructure” is based on bad economics, and has led to profoundly wrong political and financial directions. The Rupee cannot be made an honest stable money because India’s fiscal and monetary situation remains not merely out of control but beyond New Delhi’s proper comprehension and grasp. If and when the Dream Team choose to wake up to India’s macroeconomic realities, a great deal of serious work will need to be done.

 

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Solving Kashmir: On an Application of Reason

SOLVING KASHMIR: ON AN APPLICATION OF REASON

by

Subroto Roy

First published in three parts in The Statesman

Editorial Page Special Article

1, 2, 3 December 2005

This article has its origins in a paper “Towards an Economic Solution for Kashmir” which circulated in Washington DC in 1992-1995, including at the Indian and Pakistani embassies and the Carnegie Endowment, and was given as an invited lecture at the Heritage Foundation on June 23 1998. It should be read along with other articles also republished here, especially “History of J&K”, “Law, Justice and J&K” , “Understanding Pakistan”, “Pakistan’s Allies” and “What to Tell Musharraf”.  See https://independentindian.com/2011/10/13/my-seventy-one-notes-at-facebook-etc-on-kashmir-pakistan-and-of-course-india-listed-thanks-to-jd/  The Washington paper and lecture itself originated from my ideas in the Introduction to Foundations of Pakistan’s Political Economy, edited by WE James and myself in the University of Hawaii project on Pakistan 1986-1992.

Postscript 30 Dec 2015:  I have made clear at Twitter that I find the K.M. Kasuri book, promoted and publicized in India by Mani Shankar Aiyar, Sudheendra Kulkarni, Barkha Dutt and others in Delhi and Mumbai, to be mendacious where it is not merely self-serving.  Its clear intent is to get India to accept the (entirely false) ISI/Hurriyat narratives about 1947, Kashmir, Bangladesh, terrorism etc.  Its purported ideas of demilitarisation and a borderless Kashmir are essentially lifted without the decency of normal acknowledgement from my earlier 1980s work in America cited above — which I myself have rejected as naive since the 1999 Pakistani aggression in Kargil…

NB: https://independentindian.com/2006/07/03/law-justice-and-jk/

https://independentindian.com/2006/10/30/history-of-jk/


I. Give Indian `Green Cards’ to the Hurriyat et al

India, being a liberal democracy in its constitutional law, cannot do in Jammu & Kashmir what Czechoslovakia did to the “Sudeten Germans” after World War II.

On June 18 1945 the new Czechoslovakia announced those Germans and Magyars within their borders who could not prove they had been actively anti-fascist before or during the War would be expelled — the burden of proof was placed on the individual, not the State. Czechoslovakia “transferring” this population was approved by the Heads of the USA, UK and USSR Governments at Potsdam on August 2 1945. By the end of 1946, upto two million Sudeten Germans were forced to flee their homes; thousands may have died by massacre or otherwise; 165,000 remained who were absorbed as Czechoslovak citizens. Among those expelled were doubtless many who had supported Germany and many others who had not — the latter to this day seek justice or even an apology in vain. Czechoslovakia punished none of its nationals for atrocities, saying it had been revenge for Hitler’s evil (“badla” in Bollywood terms) and the post Cold War Czech Government too has declined to render an apology. Revenge is a wild kind of justice (while justice may be a civilised kind of revenge).

India cannot follow this savage precedent in international law. Yet we must recognise there are several hundred and up to several hundred thousand persons on our side of the boundary in the State of Jammu & Kashmir who do not wish to be Indian nationals. These people are presently our nationals ius soli, having been born in territory of the Indian Republic, and/or ius sanguinis, having been born of parents who are Indian nationals; or they may be “stateless” whom we must treat in accordance with the 1954 Convention on Stateless Persons. The fact is they may not wish to carry Indian passports or be Indian nationals.

In this respect their juridical persons resemble the few million “elite” Indians who have in the last few decades freely placed their hands on their hearts and solemnly renounced their Indian nationality, declaring instead their individual fidelity to other nation-states — becoming American, Canadian or Australian citizens, or British subjects or nationals of other countries. Such people include tens of thousands of the adult children of India’s metropolitan “elite”, who are annually visited abroad in the hot summer months by their Indian parents and relatives. They are daughters and sons of New Delhi’s Government and Opposition, of retired generals, air marshals, admirals, ambassadors, cabinet secretaries, public sector bureaucrats, private sector businessmen, university professors, journalists, doctors and many others. India’s most popular film-actress exemplified this “elite” capital-flight when, after a tireless search, she chose a foreign husband and moved to California.

The difference in Jammu & Kashmir would be that those wishing to renounce Indian nationality do not wish to move to any other place but to stay as and where they are, which is in Kashmir Valley or Jammu. Furthermore, they may wish, for whatever reason, to adopt, if they are eligible to do so, the nationality of e.g. the Islamic Republic of Afghanistan or the Islamic Republic of Iran or the Islamic Republic of Pakistan.

They may believe themselves descended from Ahmad Shah Abdali whose Afghans ruled or misruled Kashmir Valley before being defeated by Ranjit Singh’s Sikhs in 1819. Or they may believe themselves of Iranian descent as, for example, are the Kashmiri cousins of the late Ayatollah Khomeini. Or they may simply have wished to be, or are descended from persons who had wished to be on October 26 1947, citizens of the then-new British Dominion of Pakistan — but who came to be prevented from properly expressing such a desire because of the war-like conditions that have prevailed ever since between India and Pakistan. There may be even a few persons in Ladakh who are today Indian nationals but who wish to be considered Tibetans instead; there is, however, no Tibetan Republic and it does not appear there is going to be one.

India, being a free and self-confident country, should allow, in a systematic lawful manner, all such persons to fulfil their desires, and furthermore, should ensure they are not penalised for having expressed such “anti-national” desires or for having acted upon them. Sir Mark Tully, the British journalist, is an example of someone who has been a foreign national who has chosen to reside permanently in the Republic of India — indeed he has been an exemplary permanent resident of our country. There are many others like him. There is no logical reason why all those persons in Jammu & Kashmir who do wish not to be Indians by nationality cannot receive the same legal status from the Indian Republic as has been granted to Sir Mark Tully. There are already thousands of Sri Lankan, Bangladeshi and Nepalese nationals who are lawful permanent residents in the Indian Republic, and who travel back and forth between India and their home countries. There is no logical reason why the same could not be extended to several hundred or numerous thousand people in Jammu & Kashmir who may wish to not accept or to renounce their Indian nationality (for whatever personal reason) and instead become nationals, if they are so eligible, of the Islamic Republics of Afghanistan, Iran or Pakistan, or, for that matter, to remain stateless. On the one hand, their renunciation of Indian nationality is logically equivalent to the renunciation of Indian nationality by the adult children of India’s “elite” settled in North America and Western Europe. On the other hand, their wish to adopt, if they are eligible, a foreign nationality, such as that of Afghanistan, Iran or Pakistan, and yet remain domiciled in Indian territory is logically equivalent to that of many foreign nationals domiciled in India already like Sir Mark Tully.

Now if you are a permanent resident of some country, you may legally have many, perhaps most, but certainly not all the rights and duties of nationals of that country. e.g., though you will have to pay all the same taxes, you may not be allowed to (or be required to) vote in national or provincial elections but you may in local municipal elections. At the same time, permanently residing foreign nationals are supposed to be equal under the law and have equal access to all processes of civil and criminal justice. (As may be expected though from human frailty, even the federal courts of the USA can be notorious in their injustice and racism towards “Green Card” holders relative to “full” American citizens.) Then again, as a permanently resident foreigner, while you will be free to work in any lawful trade or profession, you may not be allowed to work in some or perhaps any Government agencies, certainly not the armed forces or the police. Many Indians in the USA were engineering graduates, and because many engineering jobs or contracts in the USA are related to the US armed forces and require US citizens only, it is commonplace for Indian engineers to renounce their Indian nationality and become Americans because of this. Many Indian-American families have one member who is American, another Indian, a third maybe Canadian, a fourth Fijian or British etc.

The same can happen in the Indian State of Jammu & Kashmir if it evolves peacefully and correctly in the future. It is quite possible to imagine a productive family in a peaceful Kashmir Valley of the future where one brother is an officer in the Indian Armed Forces, another brother a civil servant and a sister a police officer of the J&K State Government, another sister being a Pakistani doctor, while cousins are Afghan or Iranian or “stateless” businessmen. Each family-member would have made his/her choice of nationality as an individual given the circumstances of his/her life, his/her personal comprehension of the facts of history, his/her personal political and/or religious persuasions, and similar deeply private considerations. All would have their children going to Indian schools and being Indian citizens ius soli and/or ius sanguinis. When the children grow up, they would be free to join, if they wished, the existing capital flight of other Indian adult children abroad and there renounce their Indian nationality as many have come to do.

 

II Revealing Choices Privately with Full Information

For India to implement such a proposal would be to provide an opportunity for all those domiciled in Kashmir Valley, Jammu and Laddakh to express freely and privately as individuals their deepest wishes about their own identities, in a confidential manner, citizen by citizen, case by case. This would thereby solve the fundamental democratic problem that has been faced ever since the Pakistani attack on the original State of Jammu & Kashmir commenced on October 22 1947, which came to be followed by the Rape of Baramulla — causing the formal accession of the State to the then-new Dominion of India on October 26 1947.

A period of, say, 30 months may be announced by the Government of India during which full information would be provided to all citizens affected by this change, i.e. all those presently governed by Article 370 of the Indian Constitution. The condition of full information may include, for example, easy access to Afghan, Iranian and Pakistani newspapers in addition to access to Indian media. Each such person wishing to either remain with Indian nationality (by explicitly requesting an Indian passport if he/she does not have one already — and such passports can be printed in Kashmiri and Urdu too), or to renounce Indian nationality and either remain stateless or adopt, if he/she is so eligible, the nationality of e.g. Afghanistan, Iran, or Pakistan, should be administratively assisted by the Government of India to make that choice.

In particular, he/she should be individually, confidentially, and without fear or favour assured and informed of his/her new rights and responsibilities. For example, a resident of Kashmir Valley who chooses to become a Pakistani citizen, such as Mr Geelani, would now enjoy the same rights and responsibilities in the Indian Republic that Mr Tully enjoys, and at the same time no longer require a visa to visit Pakistan just as Mr Tully needs no visa to enter Britain. In case individual participants in the Hurriyat choose to renounce Indian nationality and adopt some other, they would no longer be able to legally participate in Indian national elections or J&K’s State elections. That is something which they say they do not wish to do in any case. Those members of the Hurriyat who chose e.g. Pakistani nationality while still residing in Jammu & Kashmir, would be free to send postal ballots or cross the border and vote in Pakistan’s elections if and when these occur. There are many Canadians who live permanently in the USA who cross home to Canada in order to cast a ballot.

After the period of 30 months, every person presently under Article 370 of the Indian Constitution would have received a full and fair opportunity to privately and confidentially reveal his/her preference or choice under conditions of full information. “Partition”, “Plebiscite”, and “Military Decision” have been the three alternatives under discussion ever since the National Conference of Sheikh Mohammad Abdullah and his then-loyal Deputy, Bakshi Ghulam Mohammad, helped the Indian Army and Air Force in 1947-1948 fight off the savage attack against Jammu & Kashmir State that had commenced from Pakistan on October 22 1947. When, during the Pakistani attack, the Sheikh and Bakshi agreed to the Muslim Conference’s demand for a plebiscite among the people, the Pakistanis balked — the Sheikh and Bakshi then withdrew their offer and decisively and irrevocably chose to accede to the Indian Union. The people of Jammu & Kashmir, like any other, are now bound by the sovereign political commitments made by their forebears. Even so, given the painful mortal facts of the several decades since, the solution here proposed if properly implemented would be an incomparably more thorough democratic exercise than any conceivable plebiscite could ever have been.

Furthermore, regardless of the outcome, it would not entail any further “Partition” or population “transfer” which inevitably would degenerate into a savage balkanization, and has been ruled out as an unacceptable “deal-breaker” by the Indian Republic. Instead, every individual person would have been required, in a private and confidential decision-making process, to have chosen a nationality or to remain stateless — resulting in a multitude of cosmopolitan families in Jammu & Kashmir. But that is something commonplace in the modern world. Properly understood and properly implemented, we shall have resolved the great mortal problem we have faced for more than half a century, and Jammu & Kashmir can finally settle into a period of peace and prosperity. The boundary between India and Pakistan would have been settled by the third alternative mentioned at the time, namely, “Military Decision”.

III. Of Flags and Consulates in Srinagar and Gilgit

Pakistan has demanded its flag fly in Srinagar. This too can happen though not in the way Pakistan has been wishing to see it happen. A Pakistan flag might fly in the Valley just as might an Afghan and Iranian flag as well. Pakistan has wished its flag to fly as the sovereign over Jammu & Kashmir. That is not possible. The best and most just outcome is for the Pakistani flag to fly over a recognised Pakistani consular or visa office in Srinagar, Jammu and Leh. In diplomatic exchange, the Indian tricolour would have to fly over a recognised Indian consular or visa office in Muzaffarabad, Gilgit and Skardu.

Pakistan also may have to act equivalently with respect to the original inhabitants of the territory of Jammu & Kashmir that it has been controlling — allowing those people to become Indian nationals if they so chose to do in free private decisions under conditions of full information. In other words, the “Military Decision” that defines the present boundary between sovereign states must be recognised by Pakistan sincerely and permanently in a Treaty relationship with India — and all of Pakistan’s official and unofficial protégés like the Hurriyat and the “United Jehad Council” would have to do the same. Without such a sovereign commitment from the Government of Pakistan, as shown by decisive actions of lack of aggressive intent (e.g. as came to be implemented between the USA and USSR), the Government of India has no need to involve the Government of Pakistan in implementing the solution of enhancing free individual choice of nationality with regard to all persons on our side of the boundary.

The “Military Decision” regarding the sovereign boundary in Jammu & Kashmir will be so recognised by all only if it is the universally just outcome in international law. And that in fact is what it is.

The original Jammu & Kashmir State began its existence as an entity in international law long before the present Republics of India and Pakistan ever did. Pakistan commences as an entity on August 14 1947; India commences as an entity of international law with its signing of the Treaty of Versailles on June 28, 1919  20 1918. Jammu & Kashmir began as an entity on March 16 1846 — when the Treaty of Amritsar was signed between Gulab Singh Dogra and the British, one week after the Treaty of Lahore between the British and the defeated Sikh regency of the child Daleep Singh.

Liaquat Ali Khan and Zafrullah Khan both formally challenged on Pakistan’s behalf the legitimacy of Dogra rule in Jammu & Kashmir since the Treaty of Amritsar. The Pakistani Mission to the UN does so even today. The Pakistanis were following Sheikh Abdullah and Jawaharlal Nehru himself, who too had at one point challenged Dogra legitimacy in the past. But though the form of words of the Pakistan Government and the Nehru-Abdullah position were similar in their attacks on the Treaty of Amritsar, their underlying substantive reasons were as different as chalk from cheese. The Pakistanis attacked the Dogra dynasty for being Dogra — i.e. because they were Hindus and not Muslims governing a Muslim majority. Nehru and Abdullah denounced monarchic autocracy in favour of mass democracy, and so attacked the Dogra dynasty for being a dynasty. All were wrong to think the Treaty of Amritsar anything but a lawful treaty in international law.

Furthermore, in this sombre political game of great mortal consequence, there were also two other parties who were, or appeared to be, in favour of the dynasty: one because the dynasty was non-Muslim, the other, despite it being so. Non-Muslim minorities like many Hindus and Sikhs in the business and governmental classes, saw the Dogra dynasty as their protector against a feared communalist tyranny arising from the Sunni Muslim masses of Srinagar Valley, whom Abdullah’s rhetoric at Friday prayer-meetings had been inciting or at least awakening from slumber. At the same time, the communalists of the Muslim Conference who had broken away from Abdullah’s secular National Conference, sought political advantage over Abdullah by declaring themselves in favour of keeping the dynasty — even elevating it to become an international sovereign, thus flattering the already pretentious potentate that he would be called “His Majesty” instead of merely “His Highness”. The ancestry of today’s Hurriyat’s demands for an independent Jammu & Kashmir may be traced precisely to those May 21-22 1947 declarations of the Muslim Conference leader, Hamidullah Khan.

Into this game stumbled the British with all the mix of cunning, indifference, good will, impatience, arrogance and pomposity that marked their rule in India. At the behest of the so-called “Native Princes”, the 1929 Butler Commission had hinted that the relationship of “Indian India” to the British sovereign was conceptually different from that of “British India” to the British sovereign. This view was adopted in the Cabinet Mission’s 12 May 1946 Memorandum which in turn came to be applied by Attlee and Mountbatten in their unseemly rush to “Divide and Quit” India in the summer of 1947.

It created the pure legal illusion that there was such a thing as “Lapse of Paramountcy” at which Jammu & Kashmir or any other “Native State” of “Indian India” could conceivably, even for a moment, become a sovereign enjoying the comity of nations — contradicting Britain’s own position that only two Dominions, India and Pakistan, could ever be members of the British Commonwealth and hence members of the newly created UN. British pusillanimity towards Jammu & Kashmir’s Ruler had even extended to making him a nominal member of Churchill’s War Cabinet because he had sent troops to fight in Burma. But the legal illusion had come about because of a catastrophic misunderstanding on the part of the British of their own constitutional law.

The only legal scholar who saw this was B R Ambedkar in a lonely and brilliant technical analysis released to the press on June 17 1947. No “Lapse of Paramountcy” over the “Native Princes” of Indian India could occur in constitutional law. Paramountcy over Indian India would be automatically inherited by the successor state of British India at the Transfer of Power. That successor state was the new British Dominion of India as well as (when it came to be finalised by Partition from India) the new British Dominion of Pakistan (Postscript: the deleted words represent a mistake made in the original paper, corrected in “Law, Justice & J&K” in view of the fact the UN  in 1947 deemed  India alone the successor state of British India and Pakistan a new state in the world system). A former “Native Prince” could only choose to which Dominion he would go. No other alternative existed even for a single logical moment. Because the British had catastrophically failed to comprehend this aspect of their own constitutional law, they created a legal vacuum whereby between August 15 and October 22-26 1947, Jammu & Kashmir became a local and temporary sovereign recognised only by the Dominion of Pakistan (until October 22) and the Dominion of India (until October 26). But it was not a globally recognised sovereign and was never going to be such in international law. This was further proved by Attlee refusing to answer the J&K Prime Minister’s October 18 1947 telegram.

All ambiguity came to end with the Pakistani attack of October 22 1947, the Rape of Baramulla, the secession of an “Azad Kashmir”declared by Sardar Ibrahim, and the Pakistani coup détat in Gilgit on October 31 1947 followed by the massacre of Sikh soldiers of the J&K Army at Bunji. With those Pakistani actions, Gulab Singh’s Jammu & Kashmir State, founded on March 16 1846 by the Treaty of Amritsar, ceased to logically exist as an entity in international law and fell into a state of ownerless anarchy. The conflict between Ibrahim’s Muslim communalists backed by the new Dominion of Pakistan and Abdullah’s secularists backed by the new Dominion of India had become a civil war within a larger intra-Commonwealth war that itself was almost a civil war between forces of the same military.

Jammu & Kashmir territory had become ownerless. The Roman Law which is at the root of all municipal and international law in the world today would declare that in the ownership of such an ownerless entity, a “Military Decision” was indeed the just outcome. Sovereignty over the land, waters, forests and other actual and potential resources of the erstwhile State of Jammu & Kashmir has become divided by “Military Decision” between the modern Republics of India and Pakistan. By the proposal made herein, the people and their descendants shall have chosen their nationality and their domicile freely across the sovereign boundary that has come to result.

 

On Hindus and Muslims

On Hindus and Muslims

by

Subroto Roy

First published in The Statesman, Perspective Page, Nov 6 2005

The one practical contribution made to India’s polity by the Hindu Mahasabha was to thwart the Sarat Bose/Suhrawardy idea in 1946-1947 of a “United Bengal”, which inevitably would have led to Kolkata andWest Bengal becoming part of Pakistan. The one practical contribution made to India’s polity by the Rashtriya Swayamsevak Sangh was to help defend against the Pakistani attack upon Jammu & Kashmir which commenced on 22 October 1947 and included the Rape of Baramulla a few days later. The RSS contribution may have been more than what Sheikh Abdullah and the National Conference or Jawaharlal Nehru and the Government of India cared to admit because it had had an offensive aspect as well; RSS attacks on Muslim civilians in the Mirpur-Pooncharea later formed the basis of Pakistan’s justification for the October 1947 attack and the origins of the “Azad Kashmir” idea. Practical contributions were also made by individuals like Shyama Prosad Mookerjee, who, for example, as a member of Nehru’s Cabinet, responded immediately to information received from a young Government of India officer in Karachi in September 1947, sending ships and Navy frigates from Bombay to retrieve thousands of Hindu refugees in danger of being massacred. The one theoretical contribution made by the Hindutvadi organisations in India has been to establish that it is not a matter of shame and can be a matter of pride to be a Hindu, or, more generally, to be an Indian in the modern world. This is important, even though most RSS and BJP members today may have altogether failed themselves to understand its nature and significance. Indeed, the small handful of Muslims who have been part of their organisations may have understood it rather better.

To be Muslim, a person has only to believe that God is One and Muhammad is the last of the prophets, i.e. to pronounce the Kalma. Nothing else is either necessary or sufficient. Praying daily, facing Mecca (or Jerusalem before it), going on pilgrimage, fasting during Ramzan, giving to the poor, circumcising boys, polygamy, inducing the modesty of women though seclusion or the veil, have all been part of Muslim practice for ever because they were aspects of the Prophet’s life. But if a Muslim did not pronounce the Kalma, everything else he/she might do is rendered meaningless. The Kalma is necessary and sufficient for Islamic belief. All else is incidental and logically superfluous.

The first half of the Kalma is a commitment to an austere monotheistic ontology; the second half is an oath of fidelity to the Prophet because he was the original exponent of this ontology (in Arabic). Muhammad (572-632 AD) was without a doubt among the greatest of men, as may be measured by his vast impact on human history. His total self-effacement and abhorrence of adulation was signified when at his death it was famously said “If you are worshippers of Muhammad, know that he is dead. If you are worshippers of God, know that God is living and does not die”.

Abul Kalam Azad understood well that there was no contradiction between being Muslim by faith and Indian by nationality. “My ancestors came to India from Herat in Babar’s time…” is how he began his autobiography. No one could think Azad anything but a proud Indian nationalist. No one ~ certainly not MA Jinnah ~ could think of Azad as anything but a Muslim and a scholar of Islam. Yet Azad’s respect and admiration (like that of Khan Abdul Ghaffar Khan) knew no bounds for the only reformer since Vivekananda that Hinduism has seen in the 20th century: a Congress politician by the name of MK Gandhi,who came to be murdered by Hindu fanatics. By contrast, Jinnah, the political founder of Pakistan, could see Congress only as a Hindu party and Gandhi the Hindu leader using Hindu symbols against whom he was juxtaposed in a struggle for power after the British left: “Congress leaders may shout as much as they like that the Congress is a national body. But …(the) Congress is nothing but a Hindu body,” he declared in 1938. Jinnah’s ambition, and that of the separatist Muslim elite, demanded that they rule themselves in isolation in corners of India.

Throughout the period of Hindu Westernisation in response to the opening to the world presented by the British Raj, the Muslim elite were instead chafing under the idea that an India free of British rule could possibly have Muslims living under governments composed of people who were not “People of the Book” mentioned in the Muslim scriptures. Even if British rule had been almost intolerable in Muslim eyes ~ rendering India’s territory dar-ul-harb at worst or dar-ul-aman at best ~ the British were at least “People of the Book”. After a British departure, rule over Muslims by a Hindu majority, supported by the much-feared Sikhs (“kaffirs with beards” in Muslim popular perception), was felt to be psychologically intolerable. Not only were Hindus, in Muslim eyes, polytheistic believers in idol-worship and practitioners of a caste-system, but everyone knew that the vast majority of India’s Muslims had been themselves converts from the same Hindu social and cultural origins, and there would be constant danger of relapse of Muslims into Hindu beliefs and practices if the country was governed by a Hindu majority. The slogan “Islam in danger” has always had substance in the sense that the faithful have constantly had to mind the dangers of yielding to temptations around them, including scepticism, syncretism and pantheism. Hence, insularity and communalism ~ a psychological circling of the wagons in terms of the American Wild West ~ was a natural political response of Muslims to the Hindu (and Parsee and Christian) modernisation of India in the 19th and 20th centuries.

Such were the implicit unspoken premises driving the Pakistan Movement which Iqbal and Jinnah came to lead in the 20th century. The origins lay in the thoughts and deeds of Shah Wali Allah (1703-1762) and his Arab contemporary in Nejd, Mohammad Ibn Abdal Wahhab, the founder of Wahhabism. It continued with men like Sayyid Ahmed Barelvi(1786-1831), and Titu Mir (1782-1831), until we reach the Islamic “moderniser” Sayyid Ahmed Khan who, while being the founder of Muslim higher education at Aligarh, was also the fountainhead of the separatism that led to the Muslim League’s creation in 1906. “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,” Wali Allah had said. Barelvi after him declared: “We must repudiate all those Indian, Persian