Pakistan’s & India’s Illusions of Power (Psychosis vs Vanity)

Preface: This paper culminates my line of argument since our University of Hawaii Pakistan book in the mid 1980s, through my work on the Kashmir problem in the 1990s, published in The Statesman in 2005/2006 etc and  in my undelivered Lahore lectures of 2011.  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 paper has faced resistance from both Indian and Pakistani newspapers for obvious reasons.  I would like to especially thank Beena Sarwar and Gita Sahgal in recent weeks for helpful comments.  (And Frank Hahn, immediately saw when I mentioned it to him in 2004 that my solution was Pareto-improving…etc)

 

The *Bulletin of Atomic Scientists* recently reported an Urdu book *Taqat ka Sarab* (‘*Illusion of Power*) published in Pakistan in December 2014 edited by the physicist Dr AH Nayyar. The book “aims to educate Pakistanis about the attitudes of their leadership toward nuclear weapons”. It says “Pakistan’s people have come to believe that the successful acquisition of nuclear capability means that their nation’s security is forever ensured”. Pakistani politicians, scientists and officials who created these weapons have used them to justify a “right to unlimited authority for ruling over Pakistan”. “Consequently, free discussion and honest opinion about nuclear weapons have been nearly prohibited, under the premise that any such talk poses a basic threat to national security.”

Prime Minister Lal Bahadur Shastri’s order to Indian forces to cross the Punjab border towards Lahore in 1965 in response to President Ayub Khan’s attack in Kashmir genuinely shocked Pakistan’s political and military establishment at the time. It may have continued to do so ever since. Everyone in Lahore for those few days in September 1965 was ready to battle the invasion of infidel India considered imminent when Indian forces reached the Ichogil canal.

“Hindu-dominated India wants to occupy us and destroy the Pakistan Principle for which our martyrs died” has been the constantly heard Pakistani refrain. After 1965 it did not take long for Pakistan, via the ignominy of the 1971 surrender in Dhaka, to acquire by any means the technology to develop its own nuclear weapons, even under the noses of its American friends.

Now Pakistan is said to have some 110 nuclear warheads, mostly in a disassembled state but with a few on fighter-jets in hidden air-bases in Balochistan (made by the USA decades ago) always at the ready, waiting for that Indian attack that will never come. It may all have been psychotic delusion.

India has never initiated hostilities against Pakistan. Not once. Not in 1947, 1965, 1971, 1999, 2008.

In 1971 India undoubtedly supported the Mukti Bahini, and I myself, as a schoolboy distributing supplies to refugees from East Pakistan/Bangladesh, was personally witness to Indian military involvement as of August 1971. Even so, hostilities between the countries formally began on 3 December 1971 with the surprise Pakistani air attack on Indian bases in Punjab and UP.

Though India has never attacked first, the myth continues in Pakistan that wicked Hindu-dominated India wants to attack and suppress their country. What is closer to the truth is that the New Delhi elite is barely able to run New Delhi, and the last place on earth they would want to run is Pakistan.

On our Indian side, the Indian military has been allowed a budgetary carte blanche for decades, especially with foreign exchange resources. (Finance Minister Arun Jaitley on 28 February 2015 has allocated some 2,467 billion INR to the military.)

Despite our vast spending, a band of Lashkar-e-Tayyaba terrorists tyrannized Mumbai for days on end while we seem perpetually without strategy against the People’s Republic of China’s recurrent provocations.

The two world powers with traditional interests in India — Russia and Britain — place their long-term agents in Delhi’s high politics and places with impunity, getting done all they need to in particular cases. The USA, France, Israel and others follow suit – all mainly to do with selling India very expensive military weapons, aircraft etc. that they have in excess inventory.  India now has the notorious distinction of being the world’s largest weapons’ importer.

weaponsimportsfinal

Yet we are hardly a trading or monetary superpower.  We have large current account and budgetary deficits, and we are essentially buying whatever weapons, aircraft, shopping malls etc. that we do on foreign credit that we may or may not have. (Pakistan does the same.)

India’s illusions of power have to do with boasting a very large military that can take on the imperialists. We do not realize the New Imperialism that may control Delhi is not of a Clive or Dupleix but of clandestine or open foreign lobbyists and agents who get done what their masters need to have done on a case-by-case basis. The result is a corrosion of Indian power, sovereignty, and credit, little by little, and may lead to a collapse or grave crisis in the future. Even the BJP/RSS Government of Mr Modi (let aside the Sonia-Manmohan Congress and official Communists) may not realize how it all came about.

The way forward for both Pakistan and India is to seek to break the impasse between ourselves.

And there is no doubt the root problem remains Kashmir, and the hysteria and terrorism it has spawned over the years.  A resolution of these fundamental issues calls for some hard scholarship, political vision and guts. The vapid gassing of stray bureaucrats, journalists, diplomats or generals has gotten everyone precisely nowhere thus far.

I have argued at length in previous publications that the *de facto* boundary that was the Ceasefire Line in 1949, and was later renamed the Line of Control in 1972, is indeed also the *de jure* boundary between India and Pakistan.

Jammu & Kashmir came into existence as a legal entity on 16 March 1846 under the Dogra Gulab Singh, friend of the British during the Sikh wars, and a protégé earlier of the great Sikh Ranjit Singh.

Dogra J&K ended its existence as an entity recognized in international law on 15 August 1947. (Hari Singh, the fourth and last Dogra ruler where Gulab Singh had been the first, desperately sought Clement Attlee’s recognition but did not get it.)  Thanks to British legal confusion, negligence or cunning, the territory of what had been known as Dogra Jammu & Kashmir became sovereign-less or ownerless territory in international law on that date, with the creation of the new Pakistan and new India.

The new Pakistan as of August-September 1947 immediately started to plan to take the territory by force, and sought to implement that plan as of 22 October. Had the Pakistani attackers not stopped to indulge in the Rape of Baramullah, they would have taken Srinagar airport by 26 October, and there would have been no Indian defence of the territory possible. As matters turned out, the ownerless territory of what had been Dogra Jammu & Kashmir came to be divided by “military decision” (to use the UN’s term) between the new Pakistan and new India. Kargil and Drass were taken by Pakistan and then lost. Skardu was held by India and later lost. Neither military ever since is going to permit the other to take an inch from itself either by war or by diplomacy.

The *de facto* boundary over ownerless territory divided by military force is the *de jure* boundary in the Roman law that underlies all international law. Once both sides recognize that properly, we may proceed to the next stages. 

On the Pakistani side, recognizing Indian sovereignty over Indian territory in what had been J&K requires stamping out the LeT etc – perhaps not so much by force as by explaining to them that the fight is over, permanently. There is no jihad against India now or ever. Indian territory is not dar-ul-harb but dar-ul-aman: where more than one hundred million Muslim citizens of India freely and peacefully practice their faith.

On the Indian side, if, say, SAS Geelani and friends, under conditions of individual privacy, security and full information, wish to renounce Indian nationality, become stateless, and apply for some other nationality (like Pakistani or Afghan or Iranian) while continuing to live lawfully and law-abidingly on Indian territory, do we have a problem with that? We can’t really. The expatriate children of the Indian elite have renounced Indian nationality in America, Britain, Australia etc upon far weaker principles or beliefs. India has many foreign nationals living permanently on its territory peacefully and law-abidingly (Sir Mark Tully perhaps the most notable) and can add a few more.

The road would be gradually opened for an exchange of consulates between India and Pakistan in Srinagar and Muzaffarabad (leave aside vice-consulates or tourist offices in Jammu, Gilgit, Skardu, Leh). And the remaining Hurriyat, as new Pakistani nationals living in India, can visit the Pakistani consul in Srinagar for tea every day if they wish, to discuss Pakistani matters like Afridi’s cricket or Bilawal’s politics or whatever. 

The militaries and potentially powerful economies on both sides could then proceed towards real strength and cooperation, having dispelled their current illusions of power.

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

 

My Seventy Four Articles, Books, Notes Etc on Kashmir, Pakistan, & of course, India (plus my undelivered Lahore lectures)

2) Law, Justice and Jammu & Kashmir (2006)

https://independentindian.com/2006/07/03/law-justice-and-jk/

http://www.facebook.com/note.php?note_id=152464726125

Monday, October 5, 2009

3) Solving Kashmir: On an Application of Reason (2005)
https://independentindian.com/2005/12/03/solving-kashmir-on-an-application-of-reason/

http://www.facebook.com/note.php?note_id=152462776125

Monday, October 5, 2009

4) My (armchair) experience of the 1999 Kargil war (Or, How the Kargil effort got a little help from a desktop)

http://www.facebook.com/note.php?note_id=388161476125

Thursday, April 29, 2010

5) Understanding Pakistan (2006)

http://www.facebook.com/note.php?note_id=152348161125

Monday, October 5, 2009

6) Pakistan’s Allies (2006)

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

Monday, October 5, 2009

7) History of Jammu & Kashmir

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

Monday, October 5, 2009

8) from 25 years ago,

indvol

pakvol

 

9) Talking to my student and friend Amir Malik about Pakistan and its problems

http://www.facebook.com/note.php?note_id=10150297082781126

Tuesday, September 27, 2011

10) My thanks to Mr Singh for seeing the optimality of my Kashmir solution

http://www.facebook.com/note.php?note_id=10150271489571126

Sunday, September 4, 2011

11) Zafrullah, my father, and the three frigates: there was no massacre of the Hindu Sindhi refugees in Karachi in 1947

http://www.facebook.com/note.php?note_id=10150265008366126

Saturday, August 27, 2011

12) Conversation with Mr Birinder R Singh about my Kashmir solution

http://www.facebook.com/note.php?note_id=10150259831611126

Saturday, August 20, 2011

13) On the Hurriyat’s falsification of history

http://www.facebook.com/note.php?note_id=10150258949946126

Friday, August 19, 2011

14) Letter from a young Pashtun whose grandfathers were in the 1947 invasion of Kashmir (which the Hurriyat says never happened)

http://www.facebook.com/note.php?note_id=10150258851821126

Friday, August 19, 2011

15) More on my solution

http://www.facebook.com/note.php?note_id=10150258100876126

Thursday, August 18, 2011

16  ) A Hurriyat/Taliban Islamist emirate in the Valley subject to an Indian blockade would likely face famine.

http://www.facebook.com/note.php?note_id=10150257700231126

Wednesday, August 17, 2011

17) There is no Kashmiri nationality and there never has been in the modern era of international law

https://www.facebook.com/notes/subroto-roy/there-is-no-kashmiri-nationality-and-there-never-has-been-in-the-modern-era-of-i/10150255815456126

Monday, August 15, 2011

18) Of the Flag of Pakistan, and the Union Jack, and the Flag of India — August 14-15 1947

http://www.facebook.com/note.php?note_id=10150255301456126

Sunday, August 14, 2011

19) Talking about Kashmir in 1947 to Ralph Coti

http://www.facebook.com/note.php?note_id=10150254871116126

Saturday, August 13, 2011

20) Conversation with Prof. Bhim Singh about 1947

http://www.facebook.com/note.php?note_id=10150254495896126

Saturday, August 13, 2011

21) The LOC represents the division of ownerless, sovereignless territory won by military conquest by either side…

http://www.facebook.com/note.php?note_id=10150245816611126

Monday, August 1, 2011

22) Talking to Mr Tauseef

http://www.facebook.com/note.php?note_id=10150245521131126

Monday, August 1, 2011

23) J&K had ceased to exist as an entity in international law by August 15 1947, at most by October 22 1947

http://www.facebook.com/note.php?note_id=10150244867021126

Sunday, July 31, 2011

24) Would someone be kind enough to tell me which freedoms Indian Kashmiris are being deprived of?

http://www.facebook.com/note.php?note_id=10150243323381126

Friday, July 29, 2011

25) Kunan Poshpora: I would say the evidence reported by the Verghese Committee itself was enough to indicate there had been rape 28 July 2011

https://www.facebook.com/notes/subroto-roy/kunan-poshpora-i-would-say-the-evidence-reported-by-the-verghese-committee-itsel/10150242580476126

26) Talking to Mr Rameez Makhdoomi about Kashmir

http://www.facebook.com/note.php?note_id=10150241973371126

Wednesday, July 27, 2011

27) And, as you well know, General Hasnain is both Muslim and Kashmiri, besides being the Commanding Officer of 15 Corps.

http://www.facebook.com/subyroy?sk=notes&s=40

Friday, July 22, 2011

28) Kashmir needs a Coroner’s Office!

http://www.facebook.com/note.php?note_id=10150238284741126

Friday, July 22, 2011

29) A slogan for Kashmir: No exaggerations, no hallucinations, no cover-ups please: Just the plain facts & accountability

http://www.facebook.com/note.php?note_id=10150238136556126

Friday, July 22, 2011

30) Towards a Spatial Model of Kashmir’s Political History

http://www.facebook.com/note.php?note_id=10150234599731126

Sunday, July 17, 2011

31) Why did Allama Iqbal say “India is the greatest Muslim country in the world…”?

http://www.facebook.com/note.php?note_id=10150233148866126

Friday, July 15, 2011

32) Conversation with Mr Arif

http://www.facebook.com/note.php?note_id=10150230793806126

Tuesday, July 12, 2011

33) Omar Qayoom Bhat: A Victim of State Repression in J&K

http://www.facebook.com/note.php?note_id=10150229389496126

Monday, July 11, 2011

34) Good and evil in Kashmir over more than a millennium…

http://www.facebook.com/note.php?note_id=10150217168656126

Sunday, June 26, 2011

35) Letter to Mr Zargar (Continued)

http://www.facebook.com/note.php?note_id=10150212034496126

June 23, 2011

36) From the Official Indian Army website re Human Rights Violations

http://www.facebook.com/note.php?note_id=10150210741356126

Wednesday, June 22, 2011

37) A Facebook Discussion on Kashmir with the Lahore Oxford & Cambridge Society

http://www.facebook.com/note.php?note_id=10150208871201126

Sunday, June 19, 2011

38) Answering two central questions on the Kashmir Problem

http://www.facebook.com/note.php?note_id=10150202054326126

Friday, June 10, 2011

39) Some articles on Jammu & Kashmir, Pakistan, Afghanistan

http://www.facebook.com/note.php?note_id=10150201498846126

Friday, June 10, 2011

40) Lar ke lenge Pakistan? Khun se lenge Pakistan?

http://www.facebook.com/note.php?note_id=10150195065706126

Thursday, June 2, 2011

41) On Pakistan & Questions of the Nature & Jurisprudence of Polities

http://www.facebook.com/note.php?note_id=10150165301016126

Saturday, April 30, 2011

42) On “state involvement” (January 2009)

http://www.facebook.com/note.php?

on Friday, April 22, 2011

43) My four main 2005-06 articles on the existence of a unique, stable solution to Kashmir

http://www.facebook.com/note.php?note_id=10150155305266126

Sunday, April 17, 2011

44) On the present state of the Pakistan-India dialogue

http://www.facebook.com/note.php?note_id=10150140448906126

Thursday, March 31, 2011

45) Mixed messages (from a Dec 2008 post on Pakistan just after the Mumbai massacres)

http://www.facebook.com/note.php?note_id=10150117696731126

Tuesday, March 29, 2011

46) New Foreign Policy? “Kiss Up, Kick Down”? (October 2006)

http://www.facebook.com/note.php?note_id=10150098854806126

Friday, March 4, 2011

47) Conversations with Kashmiris: An Ongoing Facebook Note

http://www.facebook.com/note.php?note_id=489267761125

Saturday, January 22, 2011

48) On Pakistan and the Theory & Practice of the Islamic State, 1949, 1954

http://www.facebook.com/note.php?note_id=486039761125

Saturday, January 15, 2011

49) A Modern Military (2006)

http://www.facebook.com/note.php?note_id=483556931125

Monday, January 10, 2011

50) India’s Muslim Voices: Sir Sikandar Hyat Khan (1892-1942), Punjab Prime Minister 1941

http://www.facebook.com/note.php?note_id=476020171125

Monday, December 27, 2010

51) Pre-Partition Indian Secularism Case-Study: Fuzlul Huq and Manindranath Roy

http://www.facebook.com/note.php?note_id=445015731125

Tuesday, October 26, 2010

52) A Brief Note on Bangladesh, Pakistan, India and the Pashtuns 1971-2010

http://www.facebook.com/note.php?note_id=414500306125

Wednesday, July 28, 2010

53) On the Existence of a Unique and Stable Solution to the Jammu & Kashmir Problem that is Lawful, Just and Economically Efficient

http://www.facebook.com/note.php?note_id=407478886125

Monday, July 5, 2010

54) Seventy Years Today (Sep 4 2009) Since the British Govt Politically Empowered MA Jinnah

http://www.facebook.com/note.php?note_id=407310716125

Monday, July 5, 2010

55) Justice & Afzal (Oct 14 2006)

http://www.facebook.com/note.php?note_id=393914236125

Tuesday, May 18, 2010

56) A Brief History of Gilgit

http://www.facebook.com/note.php?note_id=336081356125

Monday, March 1, 2010

57)  India-USA interests: Elements of a serious Indian foreign policy (2007)

http://www.facebook.com/note.php?note_id=299902341125

Wednesday, February 10, 2010

58) Ambassador Holbrooke’s error of historical fact

http://www.facebook.com/note.php?note_id=259713446125

Sunday, January 17, 2010

59) Of a new New Delhi myth & the success of the Univ of Hawaii 1986-1992 Pakistan project (Nov 15 2008)

https://www.facebook.com/note.php?note_id=247284116125

Sunday, 10 January 2010

60) Was Sheikh Mohammad Abdullah (1905-1982), Lion of Kashmir, the greatest Muslim political leader of the 20th Century?

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

Friday, January 8, 2010

61) On Indian Nationhood: From Tamils To Kashmiris & Assamese & Mizos To Sikhs & Goans (2007)

http://www.facebook.com/note.php?note_id=222511821125

Friday, December 25, 2009

62) India has never, not once, initiated hostilities against Pakistan (2009)

http://www.facebook.com/note.php?note_id=194400926125

Wednesday, December 2, 2009

63) RAND’s study of the Mumbai attacks (Jan 25 2009)

http://www.facebook.com/note.php?note_id=189261716125

Wednesday, November 25, 2009

64) Memo to the Hon’ble Attorneys General of Pakistan & India (January 16 2009)

http://www.facebook.com/note.php?note_id=189251816125

Wednesday, November 25, 2009

65) On Hindus and Muslims (2005)

http://www.facebook.com/note.php?note_id=172649451125

Tuesday, November 3, 2009

66) Iqbal & Jinnah vs Rahmat Ali in Pakistan’s creation (2005)

http://www.facebook.com/note.php?note_id=171039831125

Saturday, October 31, 2009

67) Have “mixed messages” caused a “double-bind” in the US-Pakistan relationship?

http://www.facebook.com/note.php?note_id=164051251125

Wednesday, October 21, 2009

68) Pakistan’s Kashmir obsession: Sheikh Abdullah Relied In Politics On The French Constitution, Not Islam (Feb 16 2008)

http://www.facebook.com/note.php?note_id=154064436125

Thursday, October 8, 2009

69) Two cheers for Pakistan! (April 7 2008)

http://www.facebook.com/note.php?note_id=154062896125

Thursday, October 8, 2009

70) What to tell Musharraf: Peace Is Impossible Without Non-Aggressive Pakistani Intentions (Dec 15 2006)

http://www.facebook.com/note.php?note_id=153985256125

Wednesday, October 7, 2009

71) India’s Muslim Voices (Dec 4 2008)

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

Wednesday, October 7, 2009

72) Saving Pakistan: A Physicist/Political Philosopher May Represent Iqbal’s “Spirit of Modern Times” (2007)

http://www.facebook.com/note.php?note_id=153971996125

Wednesday, October 7, 2009

73) The Greatest Pashtun: Khan Abdul Ghaffar Khan (1890-1988)

http://www.facebook.com/note.php?note_id=153812126125

Wednesday, October 7, 2009

74) KashNFL

On Pakistan and the Theory & Practice of the Islamic State: An Excerpt from the Munir Report of 1954

On Pakistan and the Theory & Practice of the Islamic State: An Excerpt from the Munir Report of 1954

 

From REPORT of THE COURT OF INQUIRY constituted under PUNJAB ACT II OF 1954 to enquire into the PUNJAB DISTURBANCES OF 1953 “Munir Report”

 

“ISLAMIC STATE
It has been repeatedly said before us that implicit in the demand for Pakistan was the demand for an Islamic State. Some speeches of important leaders who were striving for Pakistan undoubtedly lend themselves to this construction. These leaders while referring to an Islamic State or to a State governed by Islamic laws perhaps had in their minds the pattern of a legal structure based on or mixed up with Islamic dogma, personal law, ethics and institutions. No one who has given serious thought to the introduction of a religious State in Pakistan has failed to notice the tremendous difficulties with which any such scheme must be confronted. Even Dr. Muhammad Iqbal, who must be considered to be the first thinker who conceived of the possibility of a consolidated North Western Indian Muslim State, in the course of his presidential address to the Muslim League in 1930 said:

“Nor should the Hindus fear that the creation of autonomous Muslim States will mean the introduction of a kind of religious rule in such States. The principle that each group is entitled to free development on its own lines is not inspired by any feeling of narrow communalism”.

When we come to deal with the question of responsibility we shall have the occasion to point out that the most important of the parties who are now clamouring for the enforcement of the three demands on religious grounds were all against the idea of an Islamic State. Even Maulana Abul Ala Maudoodi of Jama’at-i-Islami was of the view that the form of Government in the new Muslim State, if it ever came into existence, could only be secular.

Before the Partition, the first public picture of Pakistan that the Quaid-i-Azam gave to the world was in the course of an interview in New Delhi with Mr. Doon Campbell, Reuter’s Correspondent. The Quaid-i-Azam said that the new State would be a modern democratic State, with sovereignty resting in the people and the members of the new nation having equal rights of citizenship regardless of their religion, caste or creed. When Pakistan formally appeared on the map, the Quaid-i-Azam in his memorable speech of 11th August 1947 to the Constituent Assembly of Pakistan, while stating the principle on which the new State was to be founded, said:—

 

“All the same, in this division it was impossible to avoid the question of minorities being in one Dominion or the other. Now that was unavoidable. There is no other solution. Now what shall we do? Now, if we want to make this great State of Pakistan happy and prosperous we should wholly and solely concentrate on the well-being of the people, and specially of the masses and the poor. If you will work in co-operation, forgetting the past, burying the hatchet, you are bound to succeed. If you change your past and work together in a spirit that every one of you, no matter to what community he belongs, no matter what relations he had with you in the past, no matter what is his colour, caste or creed, is first, second and last a citizen of this State with equal rights, privileges and obligations., there will be no end to the progress you will make. “I cannot emphasise it too much. We should begin to work in that spirit and in course of time all these angularities of the majority and minority communities—the Hindu community and the Muslim community— because even as regards Muslims you have Pathana, Punjabis, Shias, Sunnis and so on and among the Hindus you have Brahmins, Vashnavas, Khatris, also Bengalis, Madrasis and so on—will vanish. Indeed if you ask me this has been the biggest hindrance in the way of India to attain its freedom and independence and but for this we would have been free peoples long long ago. No power can hold another nation, and specially a nation of 400 million souls in subjection; nobody could have conquered you, and even if it had happened, nobody could have continued its hold on you for any length of time but for this (Applause). Therefore, we must learn a lesson from this. You are free; you are free to go to your temples, you are free to go to your mosques or to any other places of worship in this State of Pakistan. You may belong to any religion or caste or creed— that has nothing to do with the business of the State (Hear, hear). As you know, history shows that in England conditions sometime ago were much worse than those prevailing in India today. The Roman Catholics and the Protestants persecuted each other. Even now there are some States in existence where there are discriminations made and bars imposed against a particular class. Thank God we are not starting in those days. We are starting in the days when there is no discrimination, no distinction between one community and another, no discrimination between one caste or creed and another. We are starting with this fundamental principle that we are all citizens and equal citizens of one State (Loud applause). The people of England in course of time had to face the realities of the situation and had to discharge the responsibilities and burdens placed upon them by the Government of their country and they went through that fire step by step. Today you might say with justice that Roman Catholics and Protestants do not exist: what exists now is that every man is a citizen, an equal citizen, of Great Britain and they are all members of the nation. “Now, I think we should keep that in front of us as our ideal and you will find that in course of time Hindus would cease to be Hindus and Muslims would cease to be Muslims, not in the religious sense, because that is the personal faith of each individual, but in the political sense as citizens of the State”.

The Quaid-i-Azam was the founder of Pakistan and the occasion on which he thus spoke was the first landmark in the history of Pakistan. The speech was intended both for his own people including non-Muslims and the world, and its object was to define as clearly as possible the ideal to the attainment of which the new State was to devote all its energies. There are repeated references in this speech to the bitterness of the past and an appeal to forget and change the past and to bury the hatchet. The future subject of the State is to be a citizen with equal rights, privileges and obligations, irrespective of colour, caste, creed or community. The word ‘nation’ is used more than once and religion is stated to have nothing to do with the business of the State and to be merely a matter of personal faith for the individual.

 

We asked the ulama whether this conception of a State was acceptable to them and everyone of them replied in an unhesitating negative, including the Ahrar and erstwhile Congressites with whom before the Partition this conception was almost a part of their faith.

 

If Maulana Amin Ahsan Islahi’s evidence correctly represents the view of Jama’at-i-Islami, a State based on this idea is the creature of the devil, and he is confirmed in this by several writings of his chief, Maulana Abul Ala Maudoodi, the founder of the jama’at. None of the ulama can tolerate a State which is based on nationalism and all that it implies; with them millat and all that it connotes can alone be the determining factor in State activity.

 

The Quaid-i-Azam’s conception of a modern national State, it is alleged, became obsolete with the passing of the Objectives Resolution on 12th March 1949; but it has been freely admitted that this Resolution, though grandiloquent in words, phrases and clauses, is nothing but a hoax and that not only does it not contain even a semblance of the embryo of an Islamic State but its provisions, particularly those relating to fundamental rights, are directly opposed to the principles of an Islamic State.

 

 

FOUNDATIONS OF ISLAMIC STATE

What is then the Islamic State of which everybody talks but nobody thinks? Before we seek to discover an answer to this question, we must have a clear conception of the scope and function of the State.

The ulama were divided in their opinions when they were asked to cite some precedent of an Islamic State in Muslim history. Thus, though Hafiz Kifayat Husain, the Shia divine, held out as his ideal the form of Government during the Holy Prophet’s time, Maulana Daud Ghaznavi also included in his precedent the days of the Islamic Republic, of Umar bin Abdul Aziz, Salah-ud-Din Ayyubi of Damascus, Sultan Mahmud of Ghazni, Muhammad Tughlaq and Aurangzeb and the present regime in Saudi Arabia. Most of them, however, relied on the form of Government during the Islamic Republic from 632 to 661 A. D., a period of less than thirty years, though some of them also added the very short period of Umar bin Abdul Aziz.

Maulana Abdul Haamid Badayuni stated that the details of the ideal State would be worked out by the ulama while Master Taj-ud-Din Ansari’s confused notion of an Islamic State may be gathered from the following portion of his interrogation :—

“Q.—Were you also in the Khilafat movement ?
A.—Yes.
Q.—When did the Khilafat movement stop in India ?
A.—In 1923. This was after the Turks had declared their country to be a secular State.
Q.—If you are told that the Khilafat movement continued long after the Turks had abolished Khilafat, will that be correct?
A.—As far as I remember, the Khilafat movement finished with the abolition of the Khilafat by the Turks.
Q.—You are reported to have been a member of the Khilafat movement and having made speeches. Is it correct ?
A.—It could not be correct.
Q.—Was the Congress interested in Khilafat ?
A.— Yes.
Q.—Was Khilafat with you a matter of religious conviction or just a political movement ?
A.— It was purely a religious movement.
Q.— Did the Khilafat movement have the support of Mr Gandhi ?
A.—Yes.
Q.— What was the object of the Khilafat movement ?
A.— The Britisher was injuring the Khilafat institution in Turkey and the Musalman was aggrieved by this attitude of the Britisher.
Q.— Was not the object of the movement to resuscitate the Khilafat among the    Musalmans ?
A.—No.
Q.— Is Khilafat with you a necessary part of Muslim form of Government ?
A.—Yes.
Q.— Are you, therefore, in favour of having a Khilafat in Pakistan ?
A.—Yes.
Q.— Can there be more than one Khalifa of the Muslims ?
A.— No.
Q.— Will the Khalifa of Pakistan be the Khalifa of all the Muslims of the world ?
A.— He should be but cannot be.”

Throughout the three thousand years over which political thought extends, and such thought in its early stages cannot be separated from religion, two questions have invariably presented themselves for consideration : —

(1) what are the precise functions of the State ? and
(2) who shall control the State ?

If the true scope of the activities of the State is the welfare, temporal or spiritual or both of the individual, then the first question directly gives rise to the bigger question:

What is the object of human life and the ultimate destiny of man? On this, widely divergent views have prevailed, not at different times but at one and the same time. The pygmies of equatorial West Africa still believe that their God Komba has sent them into the forest to hunt and dance and sing. The Epicureans meant very much the same when they said that the object of human life is to drink and eat and be merry, for death denies such pleasures. The utilitarians base their institutions on the assumption that the object of human life is to experience pleasant sensations of mind and body, irrespective of what is to come hereafter. The Stoics believed in curbing and reducing all physical desires, and Diogenes found a tub good enough to live in. German philosophers think that the individual lives for the State and that therefore the object of life is service of the State in all that it might decide to undertake and achieve. Ancient Hindu philosophers believed in the logic of the fist with its natural consequence, the law of natural selection and the struggle for survival. The Semitic theory of State, whether Jewish, Christian or Islamic, has always held that the object of human life is to prepare ourselves for the next life and that, therefore, prayer and good works are the only object of life. Greek philosophers beginning with Socrates thought that the object of human life was to engage in philosophical meditation with a view to discovering the great truths that lie in nature and that the business of the others is to feed the philosophers engaged in that undertaking.

Islam emphasises the doctrine that life in this world is not the only life given to man but that eternal life begins after the present existence comes to an end, and that the status of a human being in the next world will depend upon his beliefs and actions in this world. As the present life is not an end in itself but merely a means to an end, not only the individual but also the State, as opposed to the secular theory which bases all political and economic institutions on a disregard of their consequences on the next life, should strive for human conduct which ensures for a person better status in the next world.

According to this theory Islam is the religion which seeks to attain that object. Therefore the question immediately arises : What is Islam and who is a momin or a Muslim ? We put this question to the ulama and we shall presently refer to their answers to this question. But we cannot refrain from saying here that it was a matter of infinite regret to us that the ulama whose first duty should be to have settled views on this subject, were hopelessly disagreed among themselves.

Apart from how these learned divines have expressed themselves, we conceive of Islam as a system that covers, as every systematic religion must, the following five topics :—
(1) the dogma, namely, the essentials of belief ;
(2) the cult, namely, religious rites and observances which a person must
perform ;
(3) ethics, i. e. rules of moral conduct ;
(4) institutions, social, economic and political ; and
(5) law proper.

The essential basis of the rules on all these subjects is revelation and not reason, though both may coincide. This coincidence, however, is accidental because human reasoning may be faulty and ultimate reason is known only to God, Who sends His message to humanity through His chosen messengers for the direction and guidance of the people. One must, therefore, accept the dogma, observe the cult, follow the ethics, obey the law and establish institutions which God has revealed, though their reason may not be apparent—nay even if they be opposed to human reason. Since an error by God is an impossibility, anything that God has revealed, whether its subject be something occult or preternatural, history, finance, law, worship or something which according to human thought admits of scientific treatment as for instance, birth of man, evolution, cosmology, or astronomy, has got to be accepted as absolute truth. The test of reason is not the acid test and a denial of this amounts to a denial of the supreme wisdom and designs of Allah—it is kufr. Now God has revealed Himself from time to time to His favoured people of whom our Holy Prophet was the last. That revelation is contained in the Qur’an and covers the five topics mentioned above. The true business of a person who believes in Islam is therefore to understand, believe in and act upon that revelation. The people whom God chooses as medium for the transmission of His messages are rasuls (messengers) or nabis (prophets). Since every action or saying of a prophet is, in the case of our own Holy Prophet it certainly was, prompted by Allah, it has the same degree of inerrancy as the formal revelation itself, because prophets are ma’sum, incapable of doing or saying something which is opposed to Divine wishes. These sayings and actions are sunna having the same infallibility as the Qur’an. The record of this sunna is hadith which is to be found in several books which were compiled by Muslim scholars after long, laborious and careful research extending over several generations.

The word hadith means a record of actions or sayings of the Prophet and his companions. At first the sahaba. i. e. people who had lived in the society of the Prophet, were the best authority for a knowledge of the sunna. Later people had to be content with the communications of the tabi’un, i. e. successors, people of the first generation after the Holy Prophet who had received their information from the sahaba, and then in the following generations with the accounts of the so-called successors of the successors (tabi’ul-tabi’un), i.e. people of the second generation after the Holy Prophet, who had concerted with the successors. Marfu’ is a tradition which contains a statement about the Prophet ; mawquf, a tradition that refers only to the sayings or doings of the sahaba ; and maqtu’ a tradition which does not at most go further back than the first generation after the Holy Prophet and deals only with sayings or doings of tabi’un. In some of the ahadith the actual word of God is to be found. Any such tradition is designated Hadith-i-Qudsi or Ilahi as distinguished from an ordinary Hadith-i-Nabvi.

A very large portion of sayings ascribed to the Prophet deals with the ahkam (legal professions), religious obligations, halal and haram (what is allowed and forbidden), with ritual purity, laws regarding food and criminal and civil law. Further they deal with dogma, retribution at the Last Judgment, hell and paradise, angels, creation, revelations, the earlier prophets. Many traditions also contain edifying sayings and moral teachings by the Holy Prophet. The importance of ahadith was realised from the very beginning and they were not only committed to memory but in some cases were reduced to writing. The work of compilation of hadith began in the third century after the Hijra and the Sihah Sitta were all compiled in that century. These are the musannifs of —
(1) Al-Bukhari, died 256/870,
(2) Muslim, died 261/875,
(3) Abu Dawud, died 275/888,
(4) Al-Tirmizi, died 279/892,
(5) All Nasa’i, died 303/915, and
(6) Ibn-i-Maja, died 273/886.

According to modern laws of evidence, including our own, the ahadith are inadmissible evidence of sunna because each of them contains several links of hearsay, but as authority on law they are admissible pro prio vigore. The merit of these collections lies not so much in the fact that (as is often wrongly stated) their authors decided for the first time which of the numerous traditions in circulation were genuine and which false but rather in the fact that they brought together everything that was recognised as genuine in orthodox circles in those days.

The Shias judge hadith from their own stand-point and only consider such traditions reliable as are based on the authority of Ali and his adherents. They have, therefore, their own works on the subject and hold the following five works in particularly high esteem—
(1) Al-Kafi of Muhammad b. Yaqub Al-Kulini, died 328/939,
(2) Man La Yastahdiruhu’ul-Fakih of Muhammad b. Ali b. Babuya Al-Kummi,
died 381/991,
(3) Tahdib Al-Ahkam,
(4) Al-Istibsar Fi-Ma’khtalafa Fihi’l-Akhbar (extract from the preceding) of
Muhammad Altusi, died 459/1067, and
(5) Nahj Al-Balagha (alleged sayings of Ali) of Ali b. Tahir Al-Sharif Al-Murtaza, died 436/1044 (or of his brother Radi Al-Din Al-Baghdadi.)

After the ritual, the dogma and the most important political and social institutions had taken definite shape in the second and third centuries, there arose a certain communis opinio regarding the reliability of most transmitters of tradition and the value of their statement. The main principles of doctrine had already been established in the writings of Malik b. Anas, Al-Shafi’i and other scholars regarded as authoritative in different circles and mainly on the authority of traditional sayings of the Holy Prophet. In the long run no one dared to doubt the truth of these traditions and this almost conclusive presumption of truth has since continued to be attached to the ahadith compiled in the Sihah Sitta.

We have so far arrived at this result that any rule on any subject that may be derived from the Qur’an or the sunna of the Holy Prophet is binding on every Musalman. But since the only evidence of sunna is the hadith, the words sunna and hadith have become mixed up with, and indistinguishable from, each other with the result that the expression Qur’an and hadith is not infrequently employed where the intention is to refer to Qur’an and sunna.

At this stage another principle, equally basic, comes into operation, and that is that Islam is the final religion revealed by God, complete and exhaustive in all respects, and that God will not abrogate, detract from or add to this religion (din) any more than He will send a fresh messenger. The din having been perfected (Akmalto lakum dinokum, Sura V, verse 3), there remains no need for any new code repealing, modifying or amplifying the original code; nor for any fresh messenger or message. In this sense, therefore, prophethood ceased with the Holy Prophet and revelation stopped for ever. This is the doctrine of the cessation of wahi-i-nubuwwat.

If the proposition that Muslim dogma, ethics and institutions, etc., are all based on the doctrine of inerrancy, whether such inerrancy lies in the Qur’an, the sunna, ijma’ or ijtihad-i-mutlaq, is fully comprehended, the various deductions that follow from it will be easily understandable. As the ultimate test of truth, whether the matter be one of a ritual or political or social or economic nature, is revelation and revelation has to be gathered from the Qur’an, and the sunna carries almost the same degree of inerrancy as revelation and the only evidence of sunna is hadith, the first duty of those who desire to establish an Islamic State will be to discover the precise rule applicable to the existing circumstances whether that rule is to be found in the Qur’an or hadith. Obviously the persons most suited for the purpose would be those who have made the Qur’an and hadith their lifelong study, namely, among the Sunnies, the ulama, and among the Shias, the mujtahids who are the spokesmen of the hidden Imam, the ruler de jure divino. The function of these divines would be to engage themselves in discovering rules applicable to particular situations and they will be engaged in a task similar to that in which Greek philosophers were engaged, with only this difference that whereas the latter thought that all truth lay in nature which had merely to be discovered by individual effort, the ulama and the mujtahids will have to get at the truth that lies in the holy Book and the books of hadith.

The ulama Board which was recommended by the Basic Principles Committee was a logical recognition of this principle, and the true objection against that Board should indeed have been that the Board was too inadequate a mechanism to implement the principle which had brought that body into existence.

Ijma’ means concurrence of the mujtahids of the people, i.e., of those who have a right, in virtue of knowledge, to form a judgment of their own, after the death of the Holy Prophet. The authority of ijma’ rests on the principle of a divine protection against error and is founded on a basal tradition of the Holy Prophet, “My people will never agree in error”, reported in Ibn Maja, By this procedure points which had been in dispute were fixed, and when fixed, they became an essential part of the faith and disbelief in them an act of unbelief (kufr). The essential point to remember about ijma’ is that it represents the agreement of the mujtahids and that the agreement of the masses is especially excluded.

Thus ijma’ has not only fixed unsettled points but has changed settled doctrines of the greatest importance.

The distinction between ijma’ and ijtihad is that whereas the former is collective, the latter is individual. Ijtihad means the exerting of one’s self to the utmost degree to form an opinion in a case or as to a rule of law. This is done by applying analogy to the Qur’an and the sunna. Ijtihad did not originally involve inerrancy, its result being always zann or fallible opinion. Only combined ijtihad led to ijma, and was inerrant. But this broad ijtihad soon passed into special ijtihad of those who had a peculiar right to form judgments. When later doctors looked back to the founding of the four legal schools, they assigned to their founders an ijtihad of the first rank (ijtihad-i-mutlaq). But from time to time individuals appeared who returned to the earliest meaning of ijtihad and claimed for themselves the right to form their own opinion from first principles. One of these was the Hanbalite Ibn Taimiya (died 728). Another was Suyuti (died 911) in whom the claim to ijtihad unites with one to be the mujaddid or renewer of religion in his century. At every time there must exist at least one mujtahid, was his contention, just as in every century there must come a mujaddid.

In Shia Islam there are still absolute mujtahids because they are regarded as the spokesmen of the hidden Imam. Thus collective ijtihad leads to ijma’, and the basis of ijma’ is divine protection against error—inerrancy.

 

 

ESSENTIALS OF ISLAMIC STATE
Since the basis of Islamic law is the principle of inerrancy of revelation and of the Holy Prophet, the law to be found in the Qur’an and the sunna is above all man-made laws, and in case of conflict between the two, the latter, irrespective of its nature, must yield to the former. Thus, provided there be a rule in the Qur’an or the sunna on a matter which according to our conceptions falls within the region of Constitutional Law or International Law, the rule must be given effect to unless that rule itself permits a departure from it. Thus no distinction exists in Islamic law between Constitutional Law and other law, the whole law to be found in the Qur’an and the sunna being a part of the law of the land for Muslim subjects of the State. Similarly if there be a rule in the Qur’an or the sunna relating to the State’s relations with other States or to the relations of Muslim subjects of the State with other States or the subjects of those States, the rule will have the same superiority of sanction as any other law to be found in the Qur’an or the sunna.

Therefore if Pakistan is or is intended to be converted into an Islamic State in the true sense of the word, its Constitution must contain the following five provisions:—

(1) that all laws to be found in the Qur’an or the sunna shall be deemed to be a part of the law of the land for Muslims and shall be enforced accordingly;
(2) that unless the Constitution itself is framed by ijma’-i-ummat, namely, by the agreement of the ulama and mujtahids of acknowledged status, any provision in the Constitution which is repugnant to the Qur’an or sunna shall to the extent of the repugnancy be void;
(3) that unless the existing laws of Pakistan are adapted by ijma’-i-ummat of the kind mentioned above, any provision in the existing law which is contrary to the Qur’an or sunna shall to the extent of the repugnancy be void;
(4) that any provision in any future law which is repugnant to Qur’an or sunna shall be void;
(5) that no rule of International Law and no provision in any convention or treaty to which Pakistan is a party, which is contrary to the Qur’an or the sunna shall be binding on any Muslim in Pakistan.

 

 

SOVEREIGNTY AND DEMOCRACY IN ISLAMIC STATE
That the form of Government in Pakistan, if that form is to comply with the principles of Islam, will not be democratic is conceded by the ulama. We have already explained the doctrine of sovereignty of the Qur’an and the sunna. The Objectives Resolution rightly recognised this position when it recited that all sovereignty rests with God Almighty alone. But the authors of that Resolution misused the words ‘sovereign’ and ‘democracy’ when they recited that the Constitution to be framed was for a sovereign State in which principles of democracy as enunciated by Islam shall be fully observed.

It may be that in the context in which they were used, these words could not be misunderstood by those who are well versed in Islamic principles, but both these words were borrowed from western political philosophy and in that sense they were both wrongly used in the Resolution. When it is said that a country is sovereign, the implication is that its people or any other group of persons in it are entitled to conduct the affairs of that country in any way they like and untrammelled by any considerations except those of expediency and policy. An Islamic State, however, cannot in this sense be sovereign, because it will not be competent to abrogate, repeal or do away with any law in the Qur’an or the sunna. Absolute restriction on the legislative power of a State is a restriction on the sovereignty of the people of that State and if the origin of this restriction lies elsewhere than in the will of the people, then to the extent of that restriction the sovereignty of the State and its people is necessarily taken away. In an Islamic State, sovereignty, in its essentially juristic sense, can only rest with Allah. In the same way, democracy means the rule of the demos, namely, the people, directly by them as in ancient Greece and Rome, or indirectly through chosen representatives as in modern democracies. If the power of the people in the framing of the Constitution or in the framing of the laws or in the sphere of executive action is subject to certain immutable rules, it cannot be said that they can pass any law that they like, or, in the exercise of executive functions, do whatever they like. Indeed if the legislature in an Islamic State is a sort of ijma’, the masses are expressly disqualified from taking part in it because ijma’-i-ummat in Islamic jurisprudence is restricted to ulama and mujtahids of acknowledged status and does not at all extend, as in democracy, to the populace.

 

 

OTHER INCIDENTS OF ISLAMIC STATE ACCORDING TO ULAMA

In the preceding pages we have attempted to state as clearly as we could the principles on which a religious State must be built if it is to be called an Islamic State. We now proceed to state some incidents of such State, with particular reference to the ulamas’ conception of it.

 

 

LEGISLATURE AND LEGISLATION

Legislature in its present sense is unknown to the Islamic system. The religiopolitical system which is called din-i-Islam is a complete system which contains in itself the mechanism for discovering and applying law to any situation that may arise. During the Islamic Republic there was no legislature in its modern sense and for every situation or emergency that arose law could be discovered and applied by the ulama. The law had been made and was not to be made, the only function of those entrusted with the administration of law being to discover the law for the purposes of the particular case, though when enunciated and applied it formed a precedent for others to follow. It is wholly incorrect, as has been suggested from certain quarters, that in a country like Pakistan, which consists of different communities, Muslim and non-Muslim, and where representation is allowed to non-Muslims with a right to vote on every subject that comes up, the legislature is a form of ijma’ or ijtihad, the reason being that ijtihad is not collective but only individual, and though ijma’ is collective, there is no place in it for those who are not experts in the knowledge of the law. This principle at once rules out the infidels (kuffar) whether they be people of Scriptures (ahl-i-kitab) or idolators (mushrikeen).

Since Islam is a perfect religion containing laws, express or derivable by ijma’ or ijtihad, governing the whole field of human activity, there is in it no sanction for what may, in the modern sense, be called legislation.

Questioned on this point Maulana Abul Hasanat, President, Jami’at-ul-Ulama-i-Pakistan says :—

“Q.—Is the institution of legislature as distinguished from the institution of a person or body of persons entrusted with the interpretation of law, an integral part of an Islamic State?
A.—No. Our law is complete and merely requires interpretation by those who are experts in it. According to my belief no question can arise the law relating to which cannot be discovered from the Qur’an or the hadith.
Q.—Who were Sahib-ul-hall-i-wal-aqd
A.—They were the distinguished ulama of the time. These persons attained their status by reason of the knowledge of the law. They were not in any way analogous or similar to the legislature in modern democracy.”

The same view was expressed by Amir-i-Shari’at Sayyad Ata Ullah Shah Bukhari in one of his speeches reported in the ‘Azad’ of 22nd April, 1947, in the course of which he said that our din is complete and perfect and that it amounts to kufr to make more laws.

Maulana Abul Ala Maudoodi, however, is of the opinion that legislation in the true sense is possible in an Islamic State on matters which are not covered by the Qur’an, the sunna, or previous ijma’ and he has attempted to explain his point by reference to the institution of a body of persons whom the Holy Prophet, and after him the khulafa consulted on all matters relating to affairs of State. The question is one of some difficulty and great importance because any institution of legislature will have to be reconciled with the claim put forward by Maulana Abul Hasanat and some other religious divines that Islam is a perfect and exhaustive code wide enough to furnish an answer to any question that may arise relating to any human activity, and that it does not know of any “unoccupied field” to be filled by fresh legislation. There is no doubt that Islam enjoins consultation and that not only the Holy Prophet but also the first four caliphs and even their successors resorted to consultation with the leading men of the time, who for their knowledge of the law and piety could well be relied upon.

In the inquiry not much has been disclosed about the Majlis-i-Shura except what is contained in Maulana Abul Ala Maudoodi’s written statement which he supplied to the Court at its request. That there was a body of men who were consulted is true, but whether this was a standing body and whether its advice had any legal or binding force, seems somewhat doubtful. These men were certainly not elected in the modern way, though their representative character cannot be disputed. Their advice was certainly asked ad hoc, but that they were competent to make law as the modern legislatures make laws is certainly not correct. The decisions taken by them undoubtedly served as precedents and were in the nature of ijma’, which is not legislation but the application of an existing law to a particular case. When consulted in affairs of State, their functions were truly in the nature of an advice given by a modern cabinet but such advice is not law but only a decision.

Nor can the legislature in a modern State correspond to ijma’ because as we have already pointed out, the legislature legislates while the ulama of Majlis-i-Shura who were called upon to determine what should be the decision on a particular point which was not covered by the Qur’an and the sunna, merely sought to discover and apply the law and not to promulgate the law, though the decision when taken had to be taken not only for the purposes of the particular case but for subsequent occasions as a binding precedent.

An intriguing situation might arise if the Constitution Act provided that any provision of it, if it was inconsistent with the Qur’an or the sunna, would be void, and the intra vires of a law made by the legislature were questioned before the Supreme Court on the ground that the institution of legislature itself was contrary to the Qur’an and the sunna.

POSITION OF NON-MUSLIMS

The ground on which the removal of Chaudhri Zafrullah Khan and other Ahmadis occupying key positions in the State is demanded is that the Ahmadis are non-Muslims and that therefore like zimmies in an Islamic State they are not eligible for appointment to higher offices in the State. This aspect of the demands has directly raised a question about the position of non-Muslims in Pakistan if we are to have an Islamic Constitution.

According to the leading ulama the position of non-Muslims in the Islamic State of Pakistan will be that of zimmies and they will not be full citizens of Pakistan because they will not have the same rights as Muslims They will have no voice in the making of the law, no right to administer the law and no right to hold public offices.

A full statement of this position will be found in the evidence of Maulana Abul Hasanat Sayyad Muhammad Ahmad Qadri, Maulana Ahmad Ali, Mian Tufail Muhammad and Maulana Abdul Haamid Badayuni. Maulana Abul Hasanat on being questioned on the subject stated as follows :—

“Q.—If we were to have an Islamic State in Pakistan, what will be the position of the kuffar (non-Muslims)? Will they have a voice in the making of laws, the right of administering the law and the right to hold public offices?
A.—Their position will be that of zimmies. They will have no voice in the making of laws, no right to administer the law and no right to hold public offices.
Q.—In an Islamic State can the head of the State delegate any part of his powers to kuffar?
A.—No.”

Maulana Ahmad Ali, when questioned, said:—
“Q.—if we were to have an Islamic State in Pakistan, what will be the position of the kuffar? Will they have a hand in the making of the law, the right to administer the law and the right to hold public offices ?
A.—Their position will be that of zimmies. They will have no say in the making of law and no right to administer the law. Government may, however, permit them to hold any public office”.

Mian Tufail Muhammad stated as follows :—
“Q.—Read the article on minorities’ rights in the ‘Civil and Military Gazette’ of 13th October, 1953, and say whether it correctly represents your view of an Islamic State? (It was stated in the articles that minorities would have the same rights as Muslims).
A.—I have read this article and do not acknowledge these rights for the Christians or other non-Muslims in Pakistan if the State is founded on the ideology of the Jama’at”.

The confusion on this point in the mind of Maulana Abdul Haamid Badayuni, President, Jami’at-ul-Ulama-i-Pakistan, is apparent from the following: —

“Q.—Have you ever read the aforesaid speech (the speech of the Quaid-i-Azam to the Constituent Assembly of Pakistan on 11th August, 1947)?
A.—Yes, I have read that speech.
Q.—Do you still agree with the conception of Pakistan that the Quaid-i-Azam presented to the Constituent Assembly in this speech in which he said that thereafter there would be only one Pakistan nation, consisting of Muslims and non-Muslims, having equal civic rights, without any distinction of race, religion or creed and that religion would be merely a private affair of the individual ?
A.—I accept the principle that all communities, whether Muslims or non-Muslims, should have, according to their population, proper representation in the administration of the State and legislation, except that non-Muslims cannot be taken in the army or the judiciary or be appointed as Ministers or to other posts involving the reposing of confidence.
Q.—Are you suggesting that the position of non-Muslims would be that of zimmies or any better ?
A.—No. By zimmies are meant non-Muslim people of lands which have been conquered by an Islamic State, and the word is not applicable to non-Muslim minorities already living in an Islamic State. Such minorities are called mu’ahids, i.e. those people with whom some agreement has been made.
Q.—What will be their status if there is no agreement with them ?
A.—In that case such communities cannot have any rights of citizenship.
Q.—Will the non-Muslim communities inhabiting Pakistan be called by you as mu’ahids?
A.—No, not in the absence of an agreement with them. To my knowledge there is no such agreement with such communities in Pakistan.”

So, according to the evidence of this learned divine, the non-Muslims of Pakistan will neither be citizens nor will they have the status of zimmies or of mu’ahids. During the Islamic Republic, the head of the State, the khalifa, was chosen by a system of election, which was wholly different from the present system of election based on adult or any other form of popular suffrage. The oath of allegiance (ba’it) rendered to him possessed a sacramental virtue, and on his being chosen by the consensus of the people (ijma’-ul-ummat) he became the source of all channels of legitimate Government. He and he alone then was competent to rule, though he could delegate his powers to deputies and collect around him a body of men of outstanding piety and learning, called Majlis-i-Shura or Ahl-ul-Hall-i-wal-Aqd. The principal feature of this system was that the kuffar, for reasons which are too obvious and need not be stated, could not be admitted to this majlis and the power which had vested in the khalifa could not be delegated to the kuffar. The khalifa was the real head of the State, all power vesting in him and not a powerless individual like the President of a modern democratic State who is merely to sign the record of decisions taken by the Prime Minister and his Cabinet. He could not appoint non-Muslims to important posts, and could give them no place either in the interpretation or the administration of the law, the making of the law by them, as already pointed out, being a legal impossibility.

This being the position, the State will have to devise some machinery by which the distinction between a Muslim and a non-Muslim may be determined and its consequences enforced. The question, therefore, whether a person is or is not a Muslim will be of fundamental importance, and it was for this reason that we asked most of the leading ulama, to give their definition of a Muslim, the point being that if the ulama of the various sects believed the Ahmadis to be kafirs, they must have been quite clear in their minds not only about the grounds of such belief but also about the definition of a Muslim because the claim that a certain person or community is not within the pale of Islam implies on the part of the claimant an exact conception of what a Muslim is. The result of this part of the inquiry, however, has been anything but satisfactory, and if considerable confusion exists in the minds of our ulama on such a simple matter, one can easily imagine what the differences on more complicated matters will be. Below we reproduce the definition of a Muslim given by each alim in his own words. This definition was asked after it had been clearly explained to each witness that he was required to give the irreducible minimum conditions which, a person must satisfy to be entitled to be called a Muslim and that the definition was to be on the principle on which a term in grammar is defined.

Here is the result : —

Maulana Abul Hasanat Muhammad Ahmad Qadri, President, Jami’at-ul-Ulamai-
Pakistan —
“Q.— What is the definition of a Muslim ?
A — (1) He must believe in the Unity of God.
(2) He must believe in the prophet of Islam to be a true prophet as well as in all other prophets who have preceded him,
(3) He must believe in the Holy Prophet of Islam as the last of the prophets (khatam-un-nabiyin).
(4) He must believe in the Qur’an as it was revealed by God to the Holy
Prophet of Islam.
(5) He must believe as binding on him the injunctions of the Prophet of
Islam.
(6) He must believe in the qiyamat.
Q.—Is a tarik-us-salat a Muslim ?
A.—Yes, but not a munkir-us-salat”

Maulana Ahmad Ali, President, Jami’at-ul-Ulama-i-Islam, Maghribi Pakistan —
“Q.— Please define a Muslim ?
A.—A person is a Muslim if he believes (1) in the Qur’an and (2) what has been said by the prophet. Any person who possesses these two qualifications is entitled to be called a Muslim without his being required to believe in anything more or to do anything more.”

Maulana Abul Ala Maudoodi, Amir Jama’at-i-Islami —
“Q.—Please define a Muslim ?
A.—A person is a Muslim if he believes (1) in tauheed, (2) in all the prophets (ambiya), (3) all the books revealed by God, (4) in mala’ika (angels), and (5) yaum-ul-akhira (the Day of Judgment).
Q.—Is a mere profession of belief in these articles sufficient to entitle a man
to call himself a Musalman and to be treated as a Musalman in an Islamic State ?
A.—Yes.
Q.—If a person says that he believes in all these things, does any one have a right to question the existence of his belief ?
A.—The five requisites that I have mentioned above are fundamental and any alteration in anyone of these articles will take him out of the pale of Islam.”

Ghazi Siraj-ud-Din Munir—
“Q.—Please define a Muslim ?
A.—I consider a man to be a Muslim if he professes his belief in the kalima, namely, La Ilaha Illalah-o-Muhammad-ur-Rasulullah, and leads a life in the footsteps of the Holy Prophet.”

Mufti Muhammad Idris, Jamia Ashrafia, Nila Gumbad, Lahore—
“Q.—Please give the definition of a Musalman ?
A.—The word ‘Musalman’ is a Persian one. There is a distinction between the word ‘Musalman’ which is a Persian word for Muslim and the word ‘momin’. It is impossible for me to give a complete definition of the word ‘momin’. I would require pages and pages to describe what a momin is. A person is a Muslim who professes to be obedient to Allah. He should believe in the Unity of God, prophethood of the ambiya and in the Day of Judgment. A person who does not believe in the azan or in the qurbani goes outside the pale of Islam. Similarly, there are a large number of other things which have been received by tavatir from our prophet. In order to be a Muslim, he must believe in all these things. It is almost impossible for me to give a complete list of such things.”

Hafiz Kifayat Hussain, Idara-i-Haquq-i-Tahaffuz-i-Shia—
“Q.—Who is a Musalman?
A.—A person is entitled to be called a Musalman if he believes in (1) tauheed, (2) nubuwwat and (3) qiyamat. These are the three fundamental beliefs which a person must profess to be called a Musalman. In regard to these three basic doctrines there is no difference between the Shias and the Sunnies. Besides the belief in these three doctrines, there are other things called ‘zarooriyat-i-din’ which a person must comply with in order to be entitled to be called a Musalman. These will take me two days to define and enumerate. But as an illustration I might state that the respect for the Holy Book, wajoob-i-nimaz, wajoob-i-roza, wajoob-i-hajj-ma’a-sharait, and other things too numerous to mention, are among the ‘zarooriyat-i-din’ ”

Maulana Abdul Hamid Badayuni, President, Jami’at-ul-Ulama-i-Pakistan :
“Q.—Who is a Musalman according to you ?
A.—A person who believes in the zarooriyat-i-din is called a momin and every momin is entitled to be called a Musalman.
Q.—What are these zarooriyat-i-din ?
A.—A person who believes in the five pillars of Islam and who believes in the rasalat of our Holy Prophet fulfils the zarooriyat-i-din.
Q.—Have other actions, apart from the five arakan, anything to do with a man being a Muslim or being outside the pale of Islam?
(Note—Witness has been explained that by actions are meant those rules of moral conduct which in modern society are accepted as correct.)
A.—Certainly.
Q.—Then you will not call a person a Muslim who believes in arakan-ikhamsa and the rasalat of the prophet but who steals other peoples’ things, embezzles property entrusted to him, has an evil eye on his neighbour’s wife and is guilty of the grossest ingratitude to his benefector?
A.—Such a person, if he has the belief already indicated, will be a Muslim despite all this”.

Maulana Muhammad Ali Kandhalvi, Darush-Shahabia, Sialkot —
“Q.—Please define a Musalman?
A.—A person who in obedience to the commands of the prophet performs all the zarooriyat-i-din is a Musalman.
Q.—Can you define zarooriyat-i-din ?
A.—Zarooriyat-i-din are those requirements which are known to every Muslim irrespective of his religious knowledge.
Q.—Can you enumerate zarooriyat-i-din ?
A.—These are too numerous to be mentioned. I myself cannot enumerate these zarooriyat. Some of the zarooriyat-i-din may be mentioned as salat, saum, etc.”

Maulana Amin Ahsan Islahi —
“Q.—Who is a Musalman?
A.—There are two kinds of Musalmans, a political (siyasi) Musalman and a real (haqiqi) Musalman. In order to be called a political Musalman, a person must:
(1) believe in the Unity of God,
(2) believe in our Holy Prophet being khatam-un-nabiyin, i.e., ‘final
authority’ in all matters relating to the life of that person,
(3) believe that all good and evil comes from Allah,
(4) believe in the Day of Judgment,
(5) believe in the Qur’an to be the last book revealed by Allah,
(6) perform the annual pilgrimage to Mecca,
(7) pay the zaka’at,
(8) say his prayers like the Musalmans,
(9) observe all apparent rules of Islami mu’ashira, and
(10) observe the fast (saum).

If a person satisfies all these conditions he is entitled to the rights of a full citizen of an Islamic State. If any one of these conditions is not satisfied, the person concerned will not be a political Musalman. (Again said) It would be enough for a person to be a Musalman if he merely professes his belief in these ten matters irrespective of whether he puts them into practice or not. In order to be a real Musalman, a person must believe in and act on all the injunctions by Allah and his prophet in the manner in which they have been enjoined upon him.
Q.—Will you say that only the real Musalman is ‘mard-i-saleh’ ?
A.—Yes.
Q.—do we understand you aright that in the case of what you have called a political (siyasi) Musalman, belief alone is necessary, while in the case of a haqiqi Musalman there must not only be belief but also action?
A.—No, you have not understood me aright. Even in the case of a political (siyasi) Musalman action is necessary but what I mean to say is that if a person does not act upon the belief that is necessary in the case of such a Musalman, he will not be outside the pale of a political (siyasi) Musalman.
Q.—If a political (siyasi) Musalman does not believe in things which you
have stated to be necessary, will you call such a person be-din ?
A.—No, I will call him merely be-amal”.

The definition by the Sadr Anjuman Ahmadiya, Rabwah, in its written statement
is that a Muslim is a person who belongs to the ummat of the Holy Prophet and professes belief in kalima-i-tayyaba.

Keeping in view the several definitions given by the ulama, need we make any comment except that no two learned divines are agreed on this fundamental. If we attempt our own definition as each learned divine has done and that definition differs from that given by all others, we unanimously go out of the fold of Islam. And if we adopt the definition given by any one of the ulama, we remain Muslims according to the view of that alim but kafirs according to the definition of every one else.

 

 

APOSTASY

Apostasy in an Islamic State is punishable with death. On this the ulama are practically unanimous (vide the evidence of Maulana Abul Hasanat Sayyad Muhammad Ahmad Qadri, President, Jami’at-ul-Ulama-i-Pakistan, Punjab; Maulana Ahmad Ali, Sadr Jami’at-ul-Ulama-i-Islam, West Pakistan; Maulana Abul Ala Maudoodi, founder and ex-Amir-i-Jama’at-i-Islami, Pakistan; Mufti Muhammad Idris, Jami’Ashrafia, Lahore, and Member, Jami’at-ul-Ulama-i-Pakistan; Maulana Daud Ghaznavi, President, Jami’at-i-Ahl-i-Hadith, Maghribi Pakistan; Maulana Abdul Haleem Qasimi, Jami’at-ul-Ulama-i-Islam, Punjab; and Mr. Ibrahim Ali Chishti). According to this doctrine, Chaudhri Zafrullah Khan, if he has not inherited his present religious beliefs but has voluntarily elected to be an Ahmadi, must be put to death. And the same fate should befall Deobandis and Wahabis, including Maulana Muhammad Shafi Deobandi, Member, Board of Talimat-i-Islami attached to the Constituent Assembly of Pakistan, and Maulana Daud Ghaznavi, if Maulana Abul Hasanat Sayyad Muhammad Ahmad Qadri or Mirza Raza Ahmad Khan Barelvi, or any one of the numerous ulama who are shown perched on every leaf of a beautiful tree in the fatwa, Ex. D. E. 14, were the head of such Islamic State. And if Maulana Muhammad Shafi Deobandi were the head of the State, he would exclude those who have pronounced Deobandis as kafirs from the pale of Islam and inflict on them the death penalty if they come within the definition of murtadd, namely, if they have changed and not inherited their religious views.

The genuineness of the fatwa, Ex. D. E. 13, by the Deobandis which says that Asna Ashari Shias are kafirs and murtadds, was questioned in the course of enquiry, but Maulana Muhammad Shafi made an inquiry on the subject from Deoband, and received from the records of that institution the copy of a fatwa signed by all the teachers of the Darul Uloom including Maulana Muhammad Shafi himself which is to the effect that those who do not believe in the sahabiyyat of Hazrat Siddiq Akbar and who are qazif of Hazrat Aisha Siddiqa and have been guilty of tehrif of Qur’an are kafirs. This opinion is also supported by Mr. Ibrahim Ali Chishti who has studied and knows his subject. He thinks the Shias are kafirs because they believe that Hazrat Ali shared the prophethood with our Holy Prophet. He refused to answer the question whether a person who being a Sunni changes his view and agrees with the Shia view would be guilty of irtidad so as to deserve the death penalty. According to the Shias all Sunnis are kafirs, and Ahl-i-Qur’an; namely, persons who consider hadith to be unreliable and therefore not binding, are unanimously kafirs and so are all independent thinkers. The net result of all this is that neither Shias nor Sunnis nor Deobandis nor Ahl-i-Hadith nor Barelvis are Muslims and any change from one view to the other must be accompanied in an Islamic State with the penalty of death if the Government of the State is in the hands of the party which considers the other party to be kafirs. And it does not require much imagination to judge of the consequences of this doctrine when it is remembered that no two ulama have agreed before us as to the definition of a Muslim. If the constituents of each of the definitions given by the ulama are given effect to, and subjected to the rule of ‘combination and permutation’ and the form of charge in the Inquisition’s sentence on Galileo is adopted mutatis mutandis as a model, the grounds on which a person may be indicted for apostasy will be too numerous to count.

In an earlier part of the report we have referred to the proscription of the ‘Ashshahab’, a pamphlet written by Maulana Shabbir Ahmad Usmani who later became Sheikh-ul-Islam-i-Pakistan. In that pamphlet the Maulana had attempted to show from the Qur’an, the sunna, the ijma’ and qayas that in Islam the punishment for apostasy (irtidad) simpliciter is death. After propounding the theological doctrine the Maulana had made in that document a statement of fact that in the time of the Caliph Siddiq-i-Akbar and the subsequent Caliphs vast areas of Arabia became repeatedly red with the blood of apostates. We are not called upon to express any opinion as to the correctness or otherwise of this doctrine but knowing that the suggestion to the Punjab Government to proscribe this pamphlet had come from the Minister for the Interior we have attempted to inquire of ourselves the reasons for Government’s taking a step which ex hypothesi amounted to condemning a doctrine which the Maulana had professed to derive from the Qur’an and the sunna. The death penalty for irtidad has implications of a far-reaching character and stamps Islam as a religion of fanatics, which punishes all independent thinking. The Qur’an again and again lays emphasis on reason and thought, advises toleration and preaches against compulsion in religious matters but the doctrine of irtidad as enunciated in this pamphlet strikes at the very root of independent thinking when it propounds the view that anyone who, being born a Muslim or having embraced Islam, attempts to think on the subject of religion with a view, if he comes to that conclusion, to choose for himself any religion he likes, has the capital penalty in store for him. With this implication Islam becomes an embodiment of complete intellectual paralysis. And the statement in the pamphlet that vast areas of Arabia were repeatedly bespattered with human blood, if true, could only lend itself to this inference that even when Islam was at the height of its splendour and held absolute sway in Arabia there were in that country a large number of people who turned away from that religion and preferred to die than to remain in that system. It must have been some such reaction of this pamphlet on the mind of the Minister for the Interior which prompted him to advise the Punjab Government to proscribe the pamphlet. Further the Minister who was himself well-versed in religious matters must have thought that the conclusion drawn by the author of the pamphlet which was principally based on the precedent mentioned in paras. 26, 27 and 28 of the Old Testament and which is only partially referred to in the Qur’an in the 54th verse of the Second Sura, could not be applicable to apostasy from Islam and that therefore the author’s opinion was in fact incorrect, there being no express text in the Qur’an for the death penalty for apostasy. On the contrary each of the two ideas, one underlying the six brief verses of Surat-ul-Kafiroon and the other the La Ikrah verse of the second Sura, has merely to be understood to reject as erroneous the view propounded in the ‘Ash-Shahab’. Each of the verses in Surat-ul-Kafiroon which contains thirty words and no verse of which exceeds six words, brings out a fundamental trait in man engrained in him since his creation while the La Ikrah verse, the relevant portion of which contains only nine words, states the rule of responsibility of the mind with a precision that cannot be surpassed. Both of these texts which are an early part of the Revelation are, individually and collectively, the foundation of that principle which human society, after centuries of conflict, hatred and bloodshed, has adopted in defining one of the most important fundamental rights of man. But our doctors would never dissociate chauvinism from Islam.

 

 

PROPAGATION OF OTHER RELIGIONS

Closely allied to the punishment for apostasy is the right of non-Muslims publicly to preach their religion. The principle which punishes an apostate with death must be applicable to public preaching of kufr and it is admitted by Maulana Abul Hasanat, Ghazi Siraj-ud-Din Munir and Master Taj-ud-Din Ansari, though the last subordinates his opinion to the opinion of the ulama, that any faith other than Islam will not be permitted publicly to be preached in the State. And Maulana Abul Ala Maudoodi, as will appear from his pamphlet ‘Punishment in Islam for an apostate’, has the same views on the subject.

Ghazi Siraj-ud-Din Munir, when questioned on this point, replied :—
“Q.—What will you do with them (Ahmadis) if you were the head of the
Pakistan State ?
A.—I would tolerate them as human beings but will not allow them the right
to preach their religion”.

The prohibition against public preaching of any non-Muslim religion must logically follow from the proposition that apostasy will be punished with death and that any attack on, or danger to Islam will be treated as treason and punished in the same way as apostasy.

JIHAD
Earlier we have pointed out that one of the doctrines on which the Musalmans and Ahmadis are at variance is that of jihad. This doctrine at once raises a host of other allied matters such as the meanings of ghazi, shahid, jihad-bis-saif, jihad fi sabili’llah, dar-ul-Islam, dar-ul-harb, hijrat, ghanima, khums and slavery, and the conflict or reconciliation of these conceptions with modern international problems such as aggression, genocide, international criminal jurisdiction, international conventions and rules of public international law.

An Islamic State is dar-ul-Islam, namely, a country where ordinances of Islam are established and which is under the rule of a Muslim sovereign. Its inhabitants are Muslims and also non-Muslims who have submitted to Muslim control and who under certain restrictions and without the possibility of full citizenship are guaranteed their lives and property by the Muslim State. They must, however, be people of Scriptures and may not be idolaters. An Islamic State is in theory perpetually at war with the neighbouring non-Muslim country, which at any time may become dar-ul-harb, in which case it is the duty of the Muslims of that country to leave it and to come over to the country of their brethren in faith. We put this aspect to Maulana Abul Ala Maudoodi and reproduce his views :—

“Q.—is a country on the border of dar-ul-Islam always qua an Islamic State in the position of dar-ul-harb ?
A.—No. In the absence of an agreement to the contrary, the Islamic State will be potentially at war with the non-Muslim neighbouring country. The non-Muslim country acquires the status of dar-ul-harb only after the Islamic State declares a formal war against it”.

According to Ghias-ul-Lughat, dar-ul-harb is a country belonging to infidels which has not been subdued by Islam, and the consequences of a country becoming darul-harb are thus stated in the Shorter Encyclopaedia of Islam :—

“When a country does become a dar-ul-harb, it is the duty of all Muslims to withdraw from it, and a wife who refuses to accompany her husband in this, is ipso facto divorced”.

Thus in case of a war between India and Pakistan, if the latter is an Islamic State, we must be prepared to receive forty million Muslims from across the border into Pakistan.

In fact, Maulana Abdul Haamid Badayuni, President, Jami’at-ul-Ulama-i- Pakistan, thinks that a case for hijrat already exists for the Musalmans of India. The following is his view on this subject :—
“Q.—Do yon call your migration to Pakistan as hijrat in the religious sense ?
A.—Yes”.

We shall presently point out why Mirza Ghulam Ahmad’s version of the doctrine of jihad is relied on as a ground for his and his community’s kufr, but before we do that it is necessary first to state how jihad has been or is understood by the Musalmans. There are various theories about jihad which vary from the crude notion of a megalomaniac moved by religious frenzy going out armed with sword and indiscriminately slaughtering non-Muslims in the belief that if he dies in the combat he becomes a shahid and if he succeeds in killing attains the status of a ghazi, to the conception that a Musalman throughout his life is pitted against kufr, kufr here being used in the sense of evil and wrong, and that his principal activity in life is to strive by argument a where necessary by force to spread Islam until it becomes a world religion. In the latter case he fights not for any personal end but because he considers such strife as a duty and an obligation which he owes to Allah and the only recompense for which is the pleasure of Allah. The Shorter Encyclopedia of Islam contains the following brief article on djihad :—
“DJIHAD (A), holy war. The spread of Islam by arms is a religious duty upon Muslims in general. It narrowly escaped being a sixth rukn, or fundamental duty, and is indeed still so regarded by the descendants of the Kharidjis. This position was reached gradually but quickly. In the Meccan Suras of the Qur’an patience under attack is taught ; no other attitude was possible. But at Medina the right to repel attack appears, and gradually it became a prescribed duty to fight against and subdue the hostile Meccans.

Whether Muhammad himself recognised that his position implied steady and unprovoked war against the unbelieving world until it was subdued to Islam may be in doubt. Traditions are explicit on the point ; but the Qur’anic passages speak always of the unbelievers who are to be subdued as dangerous or faithless. Still, the story of his writing to the powers around him shows that such a universal position was implicit in his mind, and it certainly developed immediately after his death, when the Muslim armies advanced out of Arabia. It is now a fard ala’l-kifaya, a duty in general on all male, free, adult Muslims, sane in mind and body and having means enough to reach the Muslim army, yet not a duty necessarily incumbent on every individual but sufficiently performed when done by a certain number. So it must continue to be done until the whole world is under the rule of Islam. It must be controlled or headed by a Muslim sovereign or imam. As the imam of the Shias is now invisible, they cannot have a djihad until he reappears. Further, the requirement will be met if such a sovereign makes an expedition once a year, or, even, in the later view, if he makes annual preparation for one. The people against whom the djihad is directed must first be invited to embrace Islam. On refusal they have another choice. They may submit to Muslim rule, become dhimmis (q. v.) and pay djizya and kharadj (q. v.) or fight. In the first case, their lives, families and property are assured to them, but they have a definitely inferior status, with no technical citizenship, and a standing only as protected wards. If they fight, they and their families may be enslaved and all their property seized as booty, four-fifths of which goes to the conquering army. If they embrace Islam, and it is open to them to do so even when the armies are face to face, they become part of the Muslim community with all its rights and duties. Apostates must be put to death. But if a Muslim country is invaded by unbelievers, the imam may issue a general summons calling all Muslims there to arms, and as the danger grows so may be the width of the summons until the whole Muslim world is involved. A Muslim who dies fighting in the path of Allah (fi sabil Allah) is martyr (shahid) and is assured of Paradise and of peculiar privileges there. Such a death was, in the early generations, regarded as the peculiar crown of a pious life. It is still, on occasions, a strong incitement, but when Islam ceased to conquer it lost its supreme value. Even yet, however, any war between Muslims and non-Muslims must be a djihad with its incitements and rewards. Of course, such modern movements as the so-called Mu’tazili in India and the Young Turk in Turkey reject this and endeavour to explain away its basis; but the Muslim masses still follow the unanimous voice of the canon lawyers. Islam must be completely made over before the doctrine of djihad can be eliminated”.

The generally accepted view is that the fifth verse to Sura-i-Tauba (Sura IX) abrogated the earlier verses revealed in Mecca which permitted the killing of kuffar only in self-defence. As against this the Ahmadis believe that no verso in the Qur’an was abrogated by another verse and that both sets of verses, namely, the Meccan verses and the relative verses in Sura-i-Tauba have different scopes and can stand together. This introduces the difficult controversy of nasikh and mansukh, with all its implications. It is argued on behalf of the Ahmadis that the doctrine of nasikh and mansukh is opposed to the belief in the existence of an original Scripture in Heaven, and that implicit in this doctrine is the admission that unless the verse alleged to be repealed was meant for a specific occasion and by the coming of that occasion fulfilled its purpose and thus spent itself, God did not know of the subsequent circumstances which would make the earlier verse inapplicable or lead to an undesired result.

The third result of this doctrine, it is pointed out, cuts at the very root of the claim that laws of Islam are immutable and inflexible because if changed circumstances made a new revelation necessary, any change in the circumstances subsequent to the completion of the revelation would make most of the revelation otiose or obsolete.

We are wholly incompetent to pronounce on the merits of this controversy but what has to be pointed out is the result to which the doctrine of jihad will lead if, as appears from the article in the Shorter Encyclopaedia of Islam and other writings produced before us including one by Maulana Abul Ala Maudoodi and another by Maulana Shabbir Ahmad Usmani, it involves the spread of Islam by arms and conquest. ‘Aggression’ and ‘genocide’ are now offences against humanity for which under sentences pronounced by different International tribunals at Nuremburg and Tokio the war lords of Germany and Japan had to forfeit their lives, and there is hardly any difference between the offences of aggression and genocide on the one hand and the doctrine of spread of Islam by arms and conquest on the other. An International Convention on genocide is about to be concluded but if the view of jihad presented to us is correct, Pakistan cannot be a party to it. And while the following verses in the Mecca Suras :—

Sura II, verses 190 and 193 :190. “Fight in the Cause of God Those who fight you,
But do not transgress limits ;
For God loveth not transgressors”.
193. “And fight them on
Until there is no more
Tumult or oppression,
And there prevail
Justice and faith in God ;
But if they cease,
Let there be no hostility
Except to those
Who practise oppression”.
Sura XXII, verses 39 and 40:
39. “To those against whom
War is made, permission
Is given (to fight) because
They are wronged;— and verily,
God is most Powerful
For their aid;—”
40. “(They are) those who have
Been expelled from their homes
In defiance of right,—
(For no cause) except
That they say, ‘Our Lord
Is God.’ Did not God
Check one set of people
By means of another,
There would surely have been
Pulled down monasteries, churches,
Synagogues, and mosques, in which
The name of God is commemorated
In abundant measure. God will
Certainly aid those who
Aid His (cause);—for verily
God is Full of Strength,
Exalted in Might,
(Able to enforce His Will),”

contain in them the sublime principle which international jurists have only faintly begun to discover, we must go on preaching that aggression is the chief characteristic of Islam. The law relating to prisoners of war is another branch of Islamic law which is bound to come in conflict with International Law.

As for instance, in matters relating to the treatment of prisoners of war, we shall have to be governed by Maulana Abul Ala Maudoodi’s view, assuming that view is based on the Qur’an and the sunna, which is as follows :—

“Q.—Is there a law of war in Islam?
A.—Yes.
Q.—Does it differ fundamentally from the modern International Law of war?
A.—These two systems are based on a fundamental difference.
Q.—What rights have non-Muslims who are taken prisoners of war in a jihad?
A.—The Islamic law on the point is that if the country of which these prisoners are nationals pays ransom, they will be released. An exchange of prisoners is also permitted. If neither of these alternatives is possible, the prisoners will be converted into slaves for ever. If any such person makes an offer to pay his ransom out of his own earnings, he will be permitted to collect the money necessary for the fidya (ransom).
Q.—Are you of the view that unless a Government assumes the form of an Islamic Government, any war declared by it is not a jihad?
A.—No. A war may be declared to be a jihad if it is declared by a national Government of Muslims in the legitimate interests of the State. I never expressed the opinion attributed to me in Ex. D. E. 12:—
“Raha yeh masala keh agar hukumat-i-Pakisten apni maujuda shukl-o-surat ke sath Indian Union ke sath apne mu’ahadat khatm kar-ke i’lan-i-jang bar bhi de to kya us-ki yeh jang jihad ke hukam men a-ja’egi ? Ap ne is bare men jo rae zahir ki hai woh bilkul darust hai – Jab-tak hukumat Islami nizam ko ikhtiyar kar-ke Islami nah ho jae us waqt tak us-ki kisi jang ko jihad kehna aisa hi hai jaisa kisi ghair Muslim ke Azad Kashmir ki fauj men bharti ho-kar larne ko jihad aur us-ki maut ko shahadat ka nam dediya jae – Maulana ka jo mudd’a hai woh yeh hai keh mu’ahadat ki maujudgi men to hukumat ya us-ke shehriyon ka is jang men sharik hona shar’-an ja’iz hi nahin – Agar hukumat mu’ahadat khatm kar-ke jang ka
i’lan kar-de to hukumat ki jang to jihad phir bhi nahin hogi ta-an keh hukumat Islami nah ho jae.’

(translation)

‘The question remains whether, even if the Government of Pakistan, in its present form and structure, terminates her treaties with the Indian Union and declares war against her, this war would fall under the definition of jihad? The opinion expressed by him in this behalf is quite correct. Until such time as the Government becomes Islamic by adopting the Islamic form of Government, to call any of its wars a jihad would be tantamount to describing the enlistment and fighting of a non-Muslim on the side of the Azad Kashmir forces jihad and his death martyrdom. What the Maulana means is that, in the presence of treaties, it is against Shari’at, if the Government or its people participate in such a war. If the Government terminates the treaties and declares war, even then the war started by Government would not be termed jihad unless the Government becomes Islamic’.

About the view expressed in this letter being that of Maulana Abul Ala Maudoodi, there is the evidence of Mian Tufail Muhammad, the writer of the letter, who states: “Ex. D. E. 12 is a photostat copy of a letter which I wrote to someone whose name I do not now remember.”

Maulana Abul Hasanat Muhammad Ahmad Qadri’s view on this point is as
follows:—
“Q.—Is there a law of war in Islam?
A.—Yes.
Q.—Does it differ in fundamentals from the present International Law?
A.—Yes.
Q.—What are the rights of a person taken prisoner in war?
A.—He can embrace Islam or ask for aman, in which case he will be treated as a musta’min. If he does not ask for aman, he would be made a slave”.
Similar is the opinion expressed by Mian Tufail Muhammad of Jam’at-i-Islami who says:—
“Q.—Is there any law of war in Islamic laws?
A.—Yes.
Q.—If that comes into conflict with International Law, which will you follow?
A.—Islamic law.
Q.—Then please state what will be the status of prisoners of war captured by your
forces?
A.—I cannot reply to this off hand. I will have to study the point.”
Of course ghanima (plunder) and khums (one-fifth) if treated as a necessary incident of
jihad will be treated by international society as a mere act of brigandage.

REACTION ON MUSLIMS OF NON-MUSLIM STATES
The ideology on which an Islamic State is desired to be founded in Pakistan must have certain consequences for the Musalmans who are living in countries under non-Muslim sovereigns.

We asked Amir-i-Shari’at Sayyad Ataullah Shah Bukhari whether a Muslim could be a faithful subject of a non-Muslim State and reproduce his answer:—
“Q.—In your opinion is a Musalman bound to obey orders of a kafir Government?
A.—It is not possible that a Musalman should be faithful citizen of a non-Muslim Government.
Q.—Will it be possible for the four crore of Indian Muslims to be faithful citizens of their State?
A—No.”

The answer is quite consistent with the ideology which has been pressed before us, but then if Pakistan is entitled to base its Constitution on religion, the same right must be conceded to other countries where Musalmans are in substantial minorities or if they constitute a preponderating majority in a country where sovereignty rests with a non-Muslim community. We, therefore, asked the various ulama whether, if non-Muslims in Pakistan were to be subjected to this discrimination in matters of citizenship, the ulama would have any objection to Muslims in other countries being subjected to a similar discrimination. Their reactions to this suggestion are reproduced below:—

Maulana Abul Hasanat Sayyed Muhammad Ahmad Qadri, President, Jami’at-ul-Ulama-i-Pakistan:—
“Q.—You will admit for the Hindus, who are in a majority in India, the right to have a Hindu religious State?
A.—Yes.
Q.—Will you have any objection if the Muslims are treated under that form of Government as malishes or shudras under the law of Manu?
A.— No.”

Maulana Abul Ala Maudoodi :—
“Q.—If we have this form of Islamic Government in Pakistan, will you permit Hindus to base their Constitution on the basis of their own religion?
A—Certainly. I should have no objection even if the Muslims of India are treated in that form of Government as shudras and malishes and Manu’s laws are applied to them, depriving them of all share in the Government and the rights of a citizen. In fact such a state of affairs already exists in India.”

Amir-i-Shari’at Sayyad Ata Ullah Skak Bukhari :—
“Q.—How many crores of Muslims are there in India?
A.—Four crores.
Q.—Have you any objection to the law of Manu being applied to them according to which they will have no civil right and will be treated as malishes and shudras?
A.—I am in Pakistan and I cannot advise them.”

Mian Tufail Muhammad of Jama’at-i-Islami :—
“Q.—What is the population of Muslims in the world?
A.—Fifty crores.
Q.—If the total population of Muslims of the world is 50 crores, as you say, and the number of Muslims living in Pakistan, Saudi Arabia, Yemen, Indonesia, Egypt, Persia, Syria, Lebanon, Trans-Jordan, Turkey and Iraq does not exceed 20 crores, will not the result of your ideology beto convert 30 crores of Muslims in the world into hewers of wood anddrawers of water?
A.—My ideology should not affect their position.
Q.—Even if they are subjected to discrimination on religious grounds and denied ordinary rights of citizenship ?
A.—Yes.”
This witness goes to the extent of asserting that even if a non-Muslim Government were to offer posts to Muslims in the public services of the country, it will be their duty to refuse such posts.

Ghazi Siraj-ud-Din Munir :—
“Q.—Do you want an Islamic State in Pakistan?
A.—Surely.
Q.—What will be your reaction if the neighbouring country was to found
their political system on their own religion?
A.—They can do it if they like.
Q.—Do you admit for them the right to declare that all Muslims in India, are shudras and malishes with no civil rights whatsoever?
A.—We will do our best to see that before they do it their political
sovereignty is gone. We are too strong for India. We will be strong enough to prevent India from doing this.
Q.—Is it a part of the religious obligations of Muslims to preach their religion?
A—Yes.
Q.—Is it a part of the duty of Muslims in India publicly to preach their religion?
A.—They should have that right.
Q.—What if the Indian State is founded on a religious basis and the right to preach religion is disallowed to its Muslim nationals?
A —If India makes any such law, believer in the Expansionist movement as I am, I will march on India and conquer her.”

So this is the reply to the reciprocity of discrimination on religious grounds.

Master Taj-ud-Din Ansari :—
“Q.—Would you like to have the same ideology for the four crores of Muslims in India as you are impressing upon the Muslims of
Pakistan?
A.—That ideology will not let them remain in India for one minute.
Q.—Does the ideology of a Muslim change from place to place and from time to time?
A.—No.
Q.—Then why should not the Muslims of India have the same ideology as you have?
A.—They should answer that question.”

The ideology advocated before us, if adopted by Indian Muslims, will completely
disqualify them for public offices in the State, not only in India but in other countries also which are under a non-Muslim Government. Muslims will become perpetual suspects everywhere and will not be enrolled in the army because according to this ideology, in case of war between a Muslim country and a non-Muslim country, Muslim soldiers of the non-Muslim country must either side with the Muslim country or surrender their posts.

The following is the view expressed by two divines whom we questioned on this point:—

Maulana Abul Hasanat Sayyed Muhammad Ahmad Qadri, President, Jami’at-ul-
Ulama-i-Pakistan :—
“Q.—What will be the duty of Muslims in India in case of war between India
and Pakistan?
A.—Their duty is obvious, namely, to side with us and not to fight against us
on behalf of India.”

Maulana Abul Ala Maudoodi : —
“Q.—What will be the duty of the Muslims in India in case of war between
India and Pakistan?
A.—Their duty is obvious, and that is not to fight against Pakistan or to do
anything injurious to the safety of Pakistan.”

OTHER INCIDENTS

Other incidents of an Islamic State are that all sculpture, playing of cards, portrait
painting, photographing human beings, music, dancing, mixed acting, cinemas and
theatres will have to be closed.

Thus says Maulana Abdul Haleem Qasimi, representative of Jami’at-ul-Ulama-i-Pakistan: —

“Q.—What are your views on tashbih and tamseel ?
A.—You should ask me a concrete question.
Q.—What are your views on lahw-o-la’b?
A.—The same is my reply to this question.
Q.—What are your views about portrait painting?
A.—There is nothing against it if any such painting becomes necessary.
Q.—What about photography?
A.—My reply to it is the same as the reply regarding portrait painting.
Q.—What about sculpture as an art?
A.—It is prohibited by our religion.
Q.—Will you bring playing of cards in lohw-o-la’b?
A.—Yes, it will amount to lahw-o-la’b.
Q.—What about music and dancing?
A.—It is all forbidden by our religion.
Q.—What about drama and acting?
A —It all depends on what kind of acting you mean. If it involves immodesty
and intermixture of sexes, the Islamic law is against it.
Q.—If the State is founded on your ideals, will you make a law stopping
portrait painting, photographing of human beings, sculpture, playing
of cards, music, dancing, acting and all cinemas and theatres?
A.—Keeping in view the present form of these activities, my answer is in the affirmative.”

Maulana Abdul Haamid Badayuni considers it to be a sin (ma’siyat) on the part of
professors of anatomy to dissect dead bodies of Muslims to explain points of anatomy to the students.

The soldier or the policeman will have the right, on grounds of religion, to disobey a command by a superior authority. Maulana Abul Hasanat’s view on this is as follows :—

“I believe that if a policeman is required to do something which we consider to be contrary to our religion, it should be the duty of the policeman to disobey the authority. The same would be my answer if ‘army’ were substituted for ‘police’.

Q.—You stated yesterday that if a policeman or a soldier was required by a
superior authority to do what you considered to be contrary to religion, it would be the duty of that policeman or the soldier to disobey such authority. Will you give the policeman or the soldier the right of himself determining whether the command he is given by his superior authority is contrary to religion ?
A.—Most certainly.
Q.—Suppose there is war between Pakistan and another Muslim country and the soldier feels that Pakistan is in the wrong; and that to shoot a soldier of other country is contrary to religion. Do you think he would be justified in disobeying his commanding officer ?
A.—In such a contingency the soldier should take a fatwa of the ‘ulama’.”

We have dwelt at some length on the subject of Islamic State not because we intended to write a thesis against or in favour of such State but merely with a view to presenting a clear picture of the numerous possibilities that may in future arise if true causes of the ideological confusion which contributed to the spread and intensity of the disturbances are not precisely located. That such confusion did exist is obvious because otherwise Muslim Leaguers, whose own Government was in office, would not have risen against it; sense of loyalty and public duty would not have departed from public officials who went about like maniacs howling against their own Government and officers; respect for property and human life would not have disappeared in the common man who with no scruple or compunction began freely to indulge in loot, arson and murder; politicians would not have shirked facing the men who had installed them in their offices; and administrators would not have felt hesitant or diffident in performing what was their obvious duty. If there is one thing which has been conclusively demonstrated in this inquiry, it is that provided you can persuade the masses to believe that something they are asked to do is religiously right or enjoined by religion, you can set them to any course of action, regardless of all considerations of discipline, loyalty, decency, morality or civic sense.

Pakistan is being taken by the common man, though it is not, as an Islamic State. This belief has been encouraged by the ceaseless clamour for Islam and Islamic State that is being heard from all quarters since the establishment of Pakistan. The phantom of an Islamic State has haunted the Musalman throughout the ages and is a result of the memory of the glorious past when Islam rising like a storm from the least expected quarter of the world—wilds of Arabia—instantly enveloped the world, pulling down from their high pedestal gods who had ruled over man since the creation, uprooting centuries old institutions and superstitions and supplanting all civilisations that had been built on an enslaved humanity. What is 125 years in human history, nay in the history of a people, and yet during this brief period Islam spread from the Indus to the Atlantic and Spain, and from the borders of China to Egypt, and the sons of the desert installed themselves in all old centres of civilisation—in Ctesiphon, Damascus, Alexandria, India and all places associated with the names of the Sumerian and the Assyrian civilisations. Historians have often posed the question : what would have been the state of the world today if Muawiya’s siege of Constantinople had succeeded or if the proverbial Arab instinct for plunder had not suddenly seized the mujahids of Abdur Rahman in their fight against Charles Martel on the plains of Tours in Southern France. May be Muslims would have discovered America long before Columbus did and the entire world would have been Moslemised; may be Islam itself would have been Europeanised. It is this brilliant achievement of the Arabian nomads, the like of which the world had never seen before, that makes the Musalman of today live in the past and yearn for the return of the glory that was Islam. He finds himself standing on the crossroads, wrapped in the mantle of the past and with the dead weight of centuries on his back, frustrated and bewildered and hesitant to turn one corner or the other. The freshness and the simplicity of the faith, which gave determination to his mind and spring to his muscle, is now denied to him. He has neither the means nor the ability to conquer and there are no countries to conquer. Little does he understand that the forces, which are pitted against him, are entirely different from those against which early Islam, had to fight, and that on the clues given by his own ancestors human mind has achieved results which he cannot understand. He therefore finds himself in a state of helplessness, waiting for some one to come and help him out of this morass of uncertainty and confusion. And he will go on waiting like this without anything happening. Nothing but a bold re-orientation of Islam to separate the vital from the lifeless can preserve it as a World Idea and convert the Musalman into a citizen of the present and the future world from the archaic in congruity that he is today. It is this lack of bold and clear thinking, the inability to understand and take decisions which has brought about in Pakistan a confusion which will persist and repeatedly create situations of the kind we have been inquiring into until our leaders have a clear conception of the goal and of the means to reach it. It requires no imagination to realise that irreconcilables remain irreconcilable even if you believe or wish to the contrary. Opposing principles, if left to themselves, can only produce confusion and disorder, and the application of a neutralising agency to them can only produce a dead result. Unless, in case of conflict between two ideologies, our leaders have the desire and the ability to elect, uncertainty must continue. And as long as we rely on the hammer when a file is needed and press Islam into service to solve situations it was never intended to solve, frustration and disappointment must dog our steps. The sublime faith called Islam will live even if our leaders are not there to enforce it. It lives in the individual, in his soul and outlook, in all his relations with God and men, from the cradle to the grave, and our politicians should understand that if Divine commands cannot make or keep a man a Musalman, their statutes will not….

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Important summits in the USA, Russia, Copenhagen can be attended by the Prime Minister of India as he is not a Member of the Lok Sabha

Subroto Roy notes that since Dr Manmohan Singh is the first Indian Prime Minister ever to have chosen with deliberation not to be a member of the Lok Sabha, he has been free to hold important summits at the White House, Kremlin, Copenhagen etc while the Lok Sabha debates mundane matters like the Liberhan Commission report, inflation etc.

Annals of Diplomacy & International Relations

From Facebook:

Subroto Roy  finds it odd in diplomatic law and protocol that two American Presidents in succession have said respectively to the same Indian Prime Minister “You’re a good man” and a person of “honesty and integrity”.

Subroto Roy thinks Asia (from Israel-Palestine to Japan & Indonesia) needs its own Metternich and Congress of Vienna, but won’t get it and hence may remain many many decades behind Europe in political development. (And why Asia won’t get what Europe did may be because Europe did what it did.)

Subroto Roy agrees with Professor Juan Cole’s summary position: “India and Russia want an Obama ‘surge’ in Afghanistan because they are afraid that if Muslim extremists take over the country, that development could threaten their own security. China is more or less bankrolling the Afghanistan War…In contrast, Pakistan does not seem… eager for the further foreign troops, in part because it wants to project power and influence into Afghanistan itself”.  But he would add Russia, China, India and Iran too are free-riders from the military standpoint (though India has built power-stations, roads etc for civilian economic development), while Pakistan remains schizophrenic as to whether it wishes to define itself by the lights of Iqbal and Jinnah or by the lunacy of Rahmat Ali.

Is the Obama Doctrine as simple as this?

From Facebook:

I wonder if the Obama Doctrine for US Foreign Policy is going to be as simple as this:

the United States has no permanent intrinsic (ideological) enemies or competitors — not in the Muslim world, not Communist Party China, not Russia, not in Latin America;

the United States has no specific best buddies among the nations of the world — not Britain, not Israel (well, Canada, yes, the exception to the rule);

the United States will be a cooperative partner in peace and progress with any country that seeks this;

the United States will define enemies by their adversarial behaviour, so, e.g. Somali pirates risk getting shot, and violent jihadists like Hasan, KSM get what’s due.

Postscript: I am not saying this is something I would have or have not approved if I had been an American voter, merely that this appears to be the doctrine that seems to be revealed from President Obama’s actions thus far.

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

 

Seventy Years Today Since the British Government Politically Empowered MA Jinnah

Seventy Years Today Since the British Government Politically Empowered MA Jinnah

by

Subroto Roy

The bloated armies of Indian and Pakistani historians and pseudo-historians have failed to recognize the significance of the precise start of the Second World War upon the fortunes of the subcontinent.  Yet, twenty years ago, in the book I and WE James created at an American university, Foundations of Pakistan’s Political Economy: Towards an Agenda for the 1990s, one of our authors, Professor Francis Robinson of the University of London, had set out the principal facts most clearly as to what flowed from the September 4 1939 empowerment of MA Jinnah by the British Government.

Germany invaded Poland on September 1 1939 and Britain declared war on Germany on September 3. The next day, Linlithgow, the British Viceroy in India, started to treat MA Jinnah’s Muslim League on par with the Congress’s nationalist movement led by MK Gandhi. Until September 4 1939, the British “had had little time for Jinnah and his League. The Government’s declaration of war on Germany on 3 September, however, transformed the situation. A large part of the army was Muslim, much of the war effort was likely to rest on the two Muslim majority provinces of Punjab and Bengal. The following day, the Viceroy invited Jinnah for talks on an equal footing with Gandhi” (Robinson, in James & Roy (eds) Foundations of Pakistan’s Political Economy 1989, 1992).

Jinnah himself was amazed by the new British attitude towards him: “suddenly there was a change in the attitude towards me. I was treated on the same basis as Mr Gandhi. I was wonderstruck why all of a sudden I was promoted and given a place side by side with Mr Gandhi.”

Jinnah’s political weakness had been made obvious by the electoral defeats the Muslim League had suffered in the 1937 elections in the very provinces which more or less came to constitute West Pakistan and today constitute modern Pakistan. Britain, at war with Germany and soon Japan, was faced with the intransigence of the Congress leadership.  It was unsurprising this would contribute to the British tilt empowering Congress’s declared adversary, Jinnah and the Muslim League, and hence make credible the possibility of the Pakistan that they had demanded:

“As the Congress began to demand immediate independence, the Viceroy took to reassuring Jinnah that Muslim interests would be safeguarded in any constitutional change. Within a few months, he was urging the League to declare a constructive policy for the future, which was of course presented in the Lahore Resolution. In their August 1940 offer, the British confirmed for the benefit of Muslims that power would not be transferred against the will of any significant element in Indian life. And much the same confirmation was given in the Cripps offer nearly two years later…. Throughout the years 1940 to 1945, the British made no attempt to tease out the contradictions between the League’s two-nation theory, which asserted that Hindus and Muslims came from two different civilisations and therefore were two different nations, and the Lahore Resolution, which demanded that ‘Independent States’ should be constituted from the Muslim majority provinces of the NE and NW, thereby suggesting that Indian Muslims formed not just one nation but two. When in 1944 the governors of Punjab and Bengal urged such a move on the Viceroy, Wavell ignored them, pressing ahead instead with his own plan for an all-India conference at Simla. The result was to confirm, as never before in the eyes of leading Muslims in the majority provinces, the standing of Jinnah and the League. Thus, because the British found it convenient to take the League seriously, everyone had to as well—Congressmen, Unionists, Bengalis, and so on….”(Robinson in James & Roy (eds) Foundations of Pakistan’s Political Economy,  pp. 43-44).

Even British socialists who were sympathetic to Indian aspirations, would grow cold when the Congress seemed to abjectly fail to appreciate Britain’s predicament during war with Germany and Japan (Gandhi, for example, dismissing the 1942 Cripps offer as a “post-dated cheque on a failing bank”).

By the 1946 elections, Muslim mass opinion had changed drastically to seem to be strongly in favour of the creation of a Pakistan. The intervening years were the ones when urban mobs all over India could be found shouting the League’s slogans: “Larke lenge Pakistan; Marke lenge Pakistan, Khun se lenge Pakistan; Dena hoga Pakistan; Leke rahenge Pakistan” (We will spill blood to take Pakistan, you will have to yield a Pakistan.)

Events remote from India’s history and geography, namely, the rise of Hitler and the Second World War, had contributed between 1937 and 1947 to the change of fortunes of the Muslim League and hence of all the people of the subcontinent.

The British had long discovered that the mutual antipathy between Muslims and Hindus could be utilised in fashioning their rule; specifically that the organisation and mobilisation of Muslim communal opinion in the subcontinent was a useful counterweight to any pan-Indian nationalism which might emerge to compete with British authority. As early as 1874, well before Allan Octavian Hume, ICS, had conceived the Indian National Congress, John Strachey, ICS, was to observe “The existence side by side of these (Hindu and Muslim) hostile creeds is one of the strong points in our political position in India. The better classes of Mohammedans are a source of strength to us and not of weakness. They constitute a comparatively small but an energetic minority of the population whose political interests are identical with ours.” By 1906, when a deputation of Muslims headed by the Aga Khan first approached the British pleading for communal representation, Minto the Viceroy replied: “I am as firmly convinced as I believe you to be that any electoral representation in India would be doomed to mischievous failure which aimed at granting a personal enfranchisement, regardless of the beliefs and traditions of the communities composing the population of this Continent.” Minto’s wife wrote in her diary that the effect was “nothing less than the pulling back of sixty two millions of (Muslims) from joining the ranks of the seditious opposition.” (The true significance of MAK Azad may have been that he, precisely at the same time, did indeed feel within himself the nationalist’s desire for freedom strongly enough to want to join the ranks of that seditious opposition.)

If a pattern emerges as to the nature of the behaviour of the British political state with respect to the peoples of this or similar regions, it is precisely the economic one of rewarding those loyal to them who had protected or advanced their interests, and penalising those perceived to be acting against their will. It is wishful to think  of members of the British political state as benevolent paternalists, who met with matching deeds their often philanthropic words about promoting the general welfare of their colonial wards or subordinate allies. The slogan “If you are not with us you are against us” that has come to be used by many from the Shining Path Maoists of Peru to President George W. Bush, had been widely applied already by the British in India, especially in the form “If you dare not to be with us, we will be certainly with your adversaries”. It came to be used with greatest impact on the subcontinent’s fortunes in 1939 when Britain found itself reluctantly at war with Hitler’s Germany.

British loyalties lay with those who had been loyal to them.

Hence in the “Indian India” of the puppet princes, Hari Singh and other “Native Princes” who had sent troops to fight as part of the British armies would be treated with a pusillanimity and grandeur so as to flatter their vanities, Sheikh Abdullah’s rebellion representing the Muslim masses of the Kashmir Valley would be ignored. And in British India, Jinnah the conservative Anglophile and his elitist Muslim League would be backed, while the radicalised masses of the Gandhi-Bose-Nehru Congress would have to be suppressed as a nuisance.

(Similarly, much later, Pakistan’s bemedalled army generals would be backed by the United States against Mujibur Rehman’s impoverished student-rebels, and India’s support frowned upon regardless of how just the Bangladeshi cause.)

Altruism is a limited quality in all human affairs, never more scarce than in relations between nations. In “Pakistan’s Allies”, I showed how the strategic interests of Britain, and later Britain’s American ally, came to evolve in the Northwest of the subcontinent ever since the 1846 Treaty of Amritsar as long as a Russian and later a Soviet empire had existed. A similar evolution of British domestic interests in India is distinctly observable in British support for the Pakistan Movement itself, leading on August 14 1947 to the creation of the new Dominion of Pakistan.

Sheikh Abdullah’s democratic urges or  Nehru’s Indian nationalism or the general welfare of the subcontinent’s people had no appeal as such to the small and brittle administrative machinery in charge of Britain’s Indian Empire — even though individual Britons had come to love, understand and explain India for the permanent benefit of her people. This may help to explain how Britain’s own long democratic traditions at home could often be found so wonderful by Indians yet the actions of the British state abroad so incongruent with them.

On the curious pre-9/11 quaintness of current criticism of India’s 1998 nuclear tests

I said towards the end of my June 4-5 2006 article in The Statesman “Pakistan’s Allies”

“…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….”

Earlier, in The Statesman of October 26 2005,  I had outlined a series of recent US espionage failures

“There have been three or four enormous failures of American espionage (i.e. intelligence and counter-intelligence) in the last 20 years. The collapse of the Berlin Wall and the end of Soviet communism were salubrious events but they had not been foreseen by the United States which was caught unawares by the speed and nature of the developments that took place. Other failures have been catastrophic.

First, there was the failure to prevent the attack that took place on the American mainland on September 11 2001. It killed several thousand civilians and caused vast, perhaps irreparable, psychological and physical destruction to the United States. The attack was without precedent. The December 7 1941 Japanese attack on Pearl Harbour in Hawaii, though a surprise, was carried out by one military against another military and did not affect very many civilians (except that thousands of American civilians of Japanese ancestry came to be persecuted and placed in concentration camps for years by the US Government). And the last time the American mainland had been attacked before 2001 was in 1814 when British troops marched south from Canada and burnt down the Capitol and the US President’s house in Washington.

Secondly, there has been a failure to discover any reasonable justification for the American-led attack on Iraq and its invasion and occupation. Without any doubt, America has lost, at the very least, an incalculable amount of international goodwill as a result of this, let aside suffering two thousand young soldiers killed, fifteen thousand wounded, and an unending cost in terms of prestige and resources in return for the thinnest of tangible gains. India at great cost liberated East Pakistan from the brutal military tyranny of Yahya Khan and Tikka Khan in December 1971 but the average Bangladeshi today could hardly care less. Regardless of what form of government emerges in Iraq now, there is no doubt the mass of the Iraqi people will cheer the departure of the bulk of foreign troops and tanks from their country (even if a permanent set of a dozen hermetically sealed American bases remain there for ever, as appears to have been planned).

When things go wrong in any democracy, it is natural and healthy to set up a committee to investigate, and America has done that several times now. For such committees to have any use at all they must be as candid as possible and perhaps the most candid of the American committees has been the US Government’s 9/11 Commission. But it too has appeared no closer to finding out who was the mastermind of the 9/11 attacks or who financed it and who, precisely, executed it. Osama Bin Laden may have been the ideological head of a movement allied to the perpetrators, and Bin Laden undoubtedly expressed his glee afterwards, but it beggars the imagination that Bin Laden could have been executive president in charge of this operation while crawling around Sudan, Pakistan and Afghanistan. If not him, then whom? Mossad the Israeli spy agency was supposed to have pointed to a super-secret invisible Lebanese terrorist but nobody really knows. The biggest modern mass murder remains unsolved.

As for solutions, the American 9/11 Commission went into the same politically correct formulae that came to be followed in 2005 by British PM Tony Blair’s New Labour Cabinet, namely, that “moderate” peace-loving Muslims must be encouraged and bribed not to turn to terrorism (indeed to expose those among them who do), while “extremist” Muslims must be stamped out with brute force. This rests on a mistaken premise that an economic carrot-and-stick policy can work in creating a set of external incentives and disincentives for Muslims, when in fact believing Muslims, like many other religious believers, are people who feel the power of their religion deep within themselves and so are unlikely to be significantly affected by external incentives or disincentives offered by non-believers.  Another committee has been the United States Senate’s Select Committee on Intelligence which reported in July 2004, and from whose findings have stemmed as an offshoot the current matter about whether high government officials broke the law that is being investigated by Special Prosecutor Patrick J. Fitzgerald.

Bertrand Russell said in his obituary of Ludwig Wittgenstein that he had once gone about looking under all the tables and chairs to prove to Wittgenstein that there was not a hippopotamus present in the room. In the present case, however, there is in fact a very large hippopotamus present in the room yet the entire American foreign policy establishment has seemed to refuse to wish to see it. Saddam Hussain and OBL are undoubtedly certifiable members of the international gallery of rogues – but the central fact remains they were rogues who were in alliance with America’s defined strategic interests in the 1980s. Saddam Hussain’s Iraq invaded Iran in 1980 and gassed the Kurds in 1986; an Iraqi Mirage on May 17 1987 fired two Exocet missiles at the USS Stark killing 37 American sailors and injuring 21. The Americans did nothing. The reason was that Saddam was still in favour at the time and had not yet become a demon in the political mythology of the American state, and it was expedient for nothing to be done. Indeed Saddam’s Iraq was explicitly removed in 1982 from the US Government’s list of states sponsoring terrorism because, according to the State Department’s Patterns of Global Terrorism, it had “moved closer to the policies of its moderate Arab neighbours”.

The very large hippopotamus that is present in the room at the moment is April Glaspie, the highly regarded professional career diplomat and American Ambassador to Iraq at the time of the 1990 Gulf War. Saddam Hussein as President had a famous meeting with her on July 25 1990, eight days before he invaded Kuwait. The place was the Presidential Palace in Baghdad and the Iraqis videotaped the meeting:

U.S. Ambassador Glaspie – “I have direct instructions from President (George Herbert Walker) Bush to improve our relations with Iraq. We have considerable sympathy for your quest for higher oil prices, the immediate cause of your confrontation with Kuwait. (pause) As you know, I lived here for years and admire your extraordinary efforts to rebuild your country. We know you need funds. We understand that, and our opinion is that you should have the opportunity to rebuild your country. (pause) We can see that you have deployed massive numbers of troops in the south. Normally that would be none of our business, but when this happens in the context of your threats against Kuwait, then it would be reasonable for us to be concerned. For this reason, I have received an instruction to ask you, in the spirit of friendship – not confrontation – regarding your intentions: Why are your troops massed so very close to Kuwait’s borders?

Saddam Hussein – As you know, for years now I have made every effort to reach a settlement on our dispute with Kuwait. There is to be a meeting in two days; I am prepared to give negotiations only this one more brief chance. (pause) When we (the Iraqis) meet (with the Kuwaitis) and we see there is hope, then nothing will happen. But if we are unable to find a solution, then it will be natural that Iraq will not accept death.

U. S. Ambassador Glaspie – What solutions would be acceptable?

Saddam Hussein – If we could keep the whole of the Shatt al Arab – our strategic goal in our war with Iran – we will make concessions (to the Kuwaitis). But, if we are forced to choose between keeping half of the Shatt and the whole of Iraq (i.e., in Saddam’ s view, including Kuwait ) then we will give up all of the Shatt to defend our claims on Kuwait to keep the whole of Iraq in the shape we wish it to be. (pause) What is the United States’ opinion on this?

U.S. Ambassador Glaspie – We have no opinion on your Arab – Arab conflicts, such as your dispute with Kuwait. Secretary (of State James) Baker has directed me to emphasize the instruction, first given to Iraq in the 1960’s, that the Kuwait issue is not associated with America. (Saddam smiles)

Saddam had seen himself fighting Islamic Iran on behalf of the Kuwaitis, Saudis and other Arabs, and Islamic Iran was of course the sworn adversary of the USA at least since Khomeini had deposed America’s ally, the Shah. Therefore Saddam could not be all bad in the eyes of the State Department. On August 2 1990, the Iraqi troops seen by American satellites amassed on the border, invaded and occupied Kuwait. On September 2 1990, the Iraqis released the videotape and transcript of the July 29 Saddam-Glaspie meeting and Glaspie was confronted by British journalists as she left the Embassy:

Journalist 1 – Are the transcripts (holding them up) correct, Madam Ambassador? (No answer from Glaspie)

Journalist 2 – You knew Saddam was going to invade (Kuwait ) but you didn’t warn him not to. You didn’t tell him America would defend Kuwait. You told him the opposite – that America was not associated with Kuwait.

Journalist 1 – You encouraged this aggression – his invasion. What were you thinking?

U.S. Ambassador Glaspie – Obviously, I didn’t think, and nobody else did, that the Iraqis were going to take all of Kuwait.

Journalist 1 – You thought he was just going to take some of it? But, how could you? Saddam told you that, if negotiations failed , he would give up his Iran(Shatt al Arab waterway) goal for the whole of Iraq, in the shape we wish it to be. You know that includes Kuwait, which the Iraqis have always viewed as a historic part of their country!

Journalist 1 – America green-lighted the invasion. At a minimum, you admit signalling Saddam that some aggression was okay – that the U.S. would not oppose a grab of the al-Rumeilah oil field, the disputed border strip and the Gulf Islands (including Bubiyan) – the territories claimed by Iraq?

Glaspie said nothing, the car door closed behind her, the car drove off. Nothing has been apparently heard from Glaspie ever since, and we may have to wait for her memoirs in 25 years when they are declassified to come to know what happened. It is astonishing, however, that the 521 page report of the US Senate’s Select Committee on espionage about Iraq before the 2003 war finds no cause whatsoever to mention Glaspie at all (at least in its public censored version). It is almost as if Glaspie has never existed and her conversation with Saddam never happened. Glaspie has disappeared down an Orwellian memory-hole. Yet her conversation with Saddam was the last official, recorded conversation between the Americans and Saddam while they were still on friendly terms.

There may be many causes explaining how such serious failures have come to occur in a country where billions of dollars have been annually spent on espionage. Among them must be that while America’s great strengths have included creation of the finest advanced scientific and technological base on earth, America’s great intellectual weaknesses in recent decades have included an impatience with historical and philosophical reflection of all sorts, and that includes reflection about her own as well as other cultures. This is exemplified too in the third palpable failure of intelligence of the last 20 years, which has been to have not foreseen or prevented atomic weapons from being developed by America and Britain’s Islamist ally and client-state, Pakistan, and thence to have failed to prevent the proliferation of such weapons in general. The consequences of that may yet turn out to be the most grave.”

Now as it happens, a couple of days ago, eleven years after the Government of India’s May 1998 underground nuclear tests at Pokhran, an Indian scientist who had something to do with them has engaged in a general discussion about the tests’ efficacy. Indian newspapers duly reported this as part of an ongoing domestic discussion about nuclear policy.

Oddly enough, there has been an instantaneous reaction from American critics of India’s nuclear activities – beginning with Dr Jeffrey Lewis:

“Yes, Virginia, India’s H-bomb fizzled.  K Santhanam (who was director of test site preparations for India’s 1998 nuclear tests… has admitted what everyone else has known for a long time — that India’s 1998 test of a thermonuclear device was unsuccessful.…”

Followed by Mark Hibbs:

“Is this cool or what? I remember what happened when I wrote that article in the fall of 1998 saying in the headline that the US had concluded that the Indian “H-Bomb failed.” Almost overnight after the article was published I got a huge bundle of papers from BARC and DAE sent to me by diplomatic pouch from Mumbai informing me with all kinds of numbers that I was wrong.  I gave the papers to laboratory geoscientists at several European countries and the US. One main CTBTO monitoring scientist told me explicitly: “Nope. The stuff in these papers is shitty science. They haven’t shown that you are wrong.” That having been said, please note however that, as PK Iyengar had made the case to me back a decade ago, once again this “news” is surfacing in India because their bomb makers want to keep testing. Some things in India are changing fast. Other things aren’t.”

Followed by Charles Mead:

“I got into a huge pissing match with the Indians on this issue as I was the principal author of Barker et. al. 1998 which had the yield estimates far below the Indian press releases. A number of Indian scientists tried to submit a comment to Science rebutting our analysis. We asked them to provide the in-country seismic data on which they based their analysis, but they refused. Luckily, in the end, their comment was rejected and never published.  On a related note, I saw the other day that wikipedia has a glowing description of the Indian 1998 tests, citing the inflated yields and saying the tests were a huge technical accomplishment. See http://en.wikipedia.org/wiki/Pokhran-II In the next day or so, I plan to submit a corrected analysis.”

Mark Hibbs:

“Charles, I recall one of your co-authors back then explained to me in nitty-gritty detail your frustration on this with these guys. Please do correct the record for posterity.”

Charles Meade:

“Their arguments at the time were quite remarkable. They said that our seismic data didn’t reflect the true yield because of a complex interference pattern caused by the simultaneous tests. Under these circumstances, they said that one could only obtain the correct yield from near field data. We said, “fine, show it to us”. They refused and that was the end of their paper.”

Yale Simkin:

“The Indian argument: ‘For us to have a nuclear deterrent we must weaponise. For this, we must have fusion weapons, because these are smaller, lighter, and more efficient than fission weapons.’ is a lot of hooey.  They claim to be building a deterrent force, not a war-fighting arsenal with a counter-force capability.  For the size and mass of their likely early-generation fusion designs, they can instead use basic fission bombs yielding in the multi-dekakiloton range – multiples of the hell weapons that incinerated Hiroshima and Nagasaki.  That should be sufficient to deter any rational adversary. And if they aren’t rational, then you have no deterrent.”

Hmmm.  The choice of terminology even within such a brief discussion might reveal a little of the mind-set: “shitty science”, “pissing match”, “a lot of hooey”…

Rather uncool, really.

Specifically:

“A number of Indian scientists tried to submit a comment to Science rebutting our analysis. We asked them to provide the in-country seismic data on which they based their analysis, but they refused. Luckily, in the end, their comment was rejected and never published…. Their arguments at the time were quite remarkable. They said that our seismic data didn’t reflect the true yield because of a complex interference pattern caused by the simultaneous tests. Under these circumstances, they said that one could only obtain the correct yield from near field data. We said, “fine, show it to us”. They refused and that was the end of their paper.

Hmmm — once more.  The words that I have placed in bold above might be prima facie evidence of incorrect and hence unfair editorial procedures having been followed at Science (distinguished as its general reputation may be as a journal).  Why were these here-unnamed “Indian scientists” not allowed to speak for themselves, rather than have their now-unknown statements be bowdlerised out of their critics’ memories a decade later (when these critics themselves had been the subject of the rebuttal)?  Perhaps the rebuttal should not have been refused publication even if it came with an editorial caveat that all the data deemed necessary had not been provided (which may have been the case, for example, due to a Government gag-order).  Readers today would have been able to judge for themselves.

I am happy to claim zero expertise in the field known rather sweetly as “Crater Morphology”; but post 9/11, post-Iraq war, it does seem to me a rather quaint form of prejudice to be using such words as those quoted above  in discussing the precise tonnage of the Indian explosions and how, really, India’s scientists were not up to it.  Perhaps,  when matters of public policy or international diplomacy become involved, science  everywhere is too important to be left to the scientists.

Are all the available data out there in the public domain on which to judge whether the Indian explosions in 1998 were or were not what was precisely claimed at the time?  Apparently not.

Does it matter to anything today?  Hardly.  Not even to the credibility of the Government of India (something on which I have had a lot to say over decades).

Do Governments lie?  Yes Virginia, they do.

Governments the world over, whether Indian, American, Russian, Chinese, British, French, Israeli, Arab, Pakistani or whatever, let aside inter-Governmental bodies constituted by these Governments, are prone to exaggeration, propaganda, self-delusion, self-deception as well as deliberate mendacity, perhaps routinely on a daily basis.

(For myself as an individual, I have had to battle the demonstrated and deliberate mendacity of the government of one of the fifty States in the US federal courts for two decades now, as told of elsewhere…)

An Age of Government Mendacity has seemed to descend upon the world — which makes the smugness expressed so quickly today by the critics of India’s 1998 explosions seem, as I have said, quaint.

Is the current Indian debate indicating something about keeping open the possibility of more tests and isn’t this related to the Indo-US civil nuclear deal?   It may well be, I do not know.  My position for what it is worth has been clear and described in several articles in The Statesman in recent years e.g.

1) Atoms for Peace (or War)  (March 5 2006)

“Atoms for Peace” was Dwight D. Eisenhower’s 1953 speech to the UN (presided over by Jawaharlal Nehru’s sister) from which arose the IAEA. Eisenhower was the warrior par excellence, having led the Allies to victory over Hitler a few years earlier.

Yet he was the first to see “no sane member of the human race” can discover victory in the “desolation, degradation and destruction” of nuclear war. “Occasional pages of history do record the faces of the ‘great destroyers’, but the whole book of history reveals mankind’s never-ending quest for peace and mankind’s God-given capacity to build.” Speaking of the atomic capacity of America’s communist adversary at the time, he said: “We never have, and never will, propose or suggest that the Soviet Union surrender what rightly belongs to it. We will never say that the peoples of the USSR are an enemy with whom we have no desire ever to deal or mingle in friendly and fruitful relationship.” Rather, “if the fearful trend of atomic military build-up can be reversed, this greatest of destructive forces can be developed into a great boon, for the benefit of all mankind…. if the entire body of the world’s scientists and engineers had adequate amounts of fissionable material… this capability would rapidly be transformed into universal, efficient and economic usage”. Eisenhower’s IAEA would receive contributions from national “stockpiles of normal uranium and fissionable materials”, and also impound, store and protect these and devise “methods whereby this fissionable material would be allocated to serve the peaceful pursuits of mankind.…to provide abundant electrical energy in the power-starved areas of the world… to serve the needs rather than the fears of mankind.” When Eisenhower visited India he was greeted as the “Prince of Peace” and a vast multitude threw rose petals as he drove by in an open limousine.

Now, half a century later, Dr Manmohan Singh read a speech in Parliament on February 27 relating to our nuclear discussions with America. But it seems unclear even his speech-writers or technical advisers knew how far it was rhetoric and how far grounded in factual realities. There is also tremendous naivete among India’s media anchors and political leaders as to what exactly has been agreed by the Americans on March 2.

Churchill once asked what might have happened if Lloyd George and Clemenceau told Woodrow Wilson: “Is it not true that nothing but your fixed and expiring tenure of office prevents you from being thrown out of power?” The same holds for George W. Bush today. Wilson made many promises to the world that came to be hit for a six by US legislators. In December 2005, Edward Markey (Democrat) and Fred Upton (Republican) promised to scuttle Bush’s agreements with India, and once the pleasant memories of his India visit fade, Bush may quite easily forget most things about us. All the Americans have actually agreed to do is to keep talking.

It needs to be understood that submarine-launched ballistic missiles are the only ultimate military deterrent. Land and air forces are all vulnerable to a massive first-strike. Only submarines lurking silently for long periods in waters near their target, to launch nuclear warheads upon learning their homeland had been hit by the enemy, act as a deterrent preventing that same enemy from making his attack at all. Indeed, the problem becomes how a submarine commander will receive such information and his instructions during such a war. (For India to acquire an ICBM capability beyond the MRBM Agni rockets is to possess an expensive backward technology — as retrograde as the idea India should spend scarce resources sending manned moon missions half a century after it has already been done. The secret is to do something new and beneficial for mankind, not repeat what others did long ago merely to show we can now do it too.) A nuclear-armed submarine needs to be submerged for long periods and also voyage long distances at sea, and hence needs to be nuclear-powered with a miniature version of a civilian nuclear reactor aboard in which, e.g. rods of enriched uranium are bombarded to release enough energy to run hydroelectric turbines to generate power. Patently, no complete separation of the use of atomic power for peace and war may be practically possible. If India creates e.g. its own thorium reactors for civilian power (and we have vast thorium reserves, the nuclear fuel of the future), and then miniaturised these somehow to manufacture reactors for submarines, the use would be both civilian and military. In 1988 the old USSR leased India a nuclear-powered submarine for “training” purposes, and the Americans did not like it at all. In January 2002, Russia’s Naval Chief announced India was paying to build and then lease from 2004 until 2009 two nuclear-powered Akula-class attack submarines, and Jaswant Singh reportedly said we were paying $1 thousand crore ($10 bn) for such a defence package. Whether the transaction has happened is not known. Once we have nuclear submarines permanently, that would be more than enough of the minimum deterrent sought.

Indeed, India’s public has been barely informed of civilian nuclear energy policy as well, and an opportunity now exists for a mature national debate to take place — both on what and why the military planning has been and what it costs (and whether any bribes have been paid), and also on the cost, efficiency and safety of the plans for greater civilian use of nuclear energy. Government behaviour after the Bhopal gas tragedy does not inspire confidence about Indian responses to a Three Mile Island/Chernobyl kind of catastrophic meltdown.

That being said, the central question remains why India or anyone else needs to be nuclear-armed at all. With Britain, France or Russia, there is no war though all three are always keen to sell India weapons. Indeed it has been a perennial question why France and Britain need their own deterrents. They have not fought one another for more than 100 years and play rugby instead. If Russia was an enemy, could they not count on America? Or could America itself conceivably become an enemy of Britain and France? America owes her origins to both, and though the Americans did fight the British until the early 1800s, they have never fought the French and love the City of Paris too much ever to do so.

Between China and India, regardless of what happened half a century ago, nuclear or any war other than border skirmishes in sparse barren lands is unlikely. Ever since Sun Yat-sen, China has been going through a complex process of self-discovery and self-definition. An ancient nation where Maoism despoiled the traditional culture and destroyed Tibet, China causes others to fear it because of its inscrutability. But it has not been aggressive in recent decades except with Taiwan. It has threatened nuclear war on America if the Americans stand up for Taiwan, but that is not a quarrel in which India has a cogent role. China (for seemingly commercial reasons) did join hands with Pakistan against India, but there is every indication the Chinese are quite bored with what Pakistan has become. With Pakistan, our situation is well-known, and there has been an implicit equilibrium since Pokhran II finally flushed out their capacity. Had India ever any ambition of using conventional war to knock out and occupy Pakistan as a country? Of course not. We are barely able to govern ourselves, let aside try to rule an ideologically hostile Muslim colony in the NorthWest. Pakistan’s purported reasons for acquiring nuclear bombs are spurious, and cruelly so in view of the abject failures of Pakistan’s domestic political economy. Could Pakistan’s Government use its bombs against India arising from its own self-delusions over J&K? Gohar Ayub Khan in 1998-1999 threatened to do so when he said the next war would be over in two hours with an Indian surrender. He thereby became the exception to Eisenhower’s rule requiring sanity. An India-Pakistan nuclear exchange is, unfortunately, not impossible, leaving J&K as Hell where Jahangir had once described it as Heaven on Earth.

America needs to end her recent jingoism and instead rediscover the legacy of Eisenhower. America can lead everyone in the world today including Russia, China, Israel, Iran and North Korea. But she can do so only by example. America can decommission many of her own nuclear weapons and then lead everyone else to the conference table to do at least some of the same. Like the UN, the IAEA (and its NPT) needs urgent reform itself. It is the right time for serious and new world parleys towards the safe use of atoms for peace and their abolition in war. But are there any Eisenhowers or Churchills to lead them?

2) Our  energy interests ( Aug 27-28 2006)

Americans are shrewd and practical people in commercial matters, and expect the same of people they do business with. Caveat emptor, “let the buyer beware”, is the motto they expect those on the other side of the table to be using. Let us not think they are doing us favours in the nuclear deal ~ they are grown-ups looking after their interests and naturally expect we shall look after our own and not expect charity while doing business. Equally, let us not blame the Americans if we find in later years (long after Manmohan Singh and Montek Ahluwalia have exited from India’s stage) that the deal has been implemented in a bad way for our masses of ordinary people.

That said, there is a remarkable disjoint between India’s national energy interests (nuclear interests in particular), and the manner in which the nuclear deal is being perceived and taken to implementation by the two sides. There may be a fundamental gap between the genuine positive benefits the Government of India says the deal contains, and the motivations American businessmen and through them Indian businessmen have had for lobbying American and Indian politicians to support it. An atmosphere of being at cross-purposes has been created, where for example Manmohan Singh is giving answers to questions different from the questions we may want to be asking Montek Ahluwalia. The fundamental gap between what is being said by our Government and what may be intended by the businessmen is something anyone can grasp, though first we shall need some elementary facts.

In 2004, the International Energy Agency estimated the new energy capacity required by rising economic growth in 2020 will derive 1400 GW from burning coal (half of it in China and India), 470 GW from burning oil, 430GW from hydro, and 400 GW from renewable sources like solar or wind power. Because gas prices are expected to remain low worldwide, construction of new nuclear reactors for electricity will be unprofitable. By 2030, new energy expected to be required worldwide is 4700GW, of which only 150GW is expected from new nuclear plants, which will be in any case replacing existing plants due to be retired. Rational choice between different energy sources depends on costs determined by history and geography. Out of some 441 civilian reactors worldwide, France has 59 and these generate 78 per cent of its electricity, the rest coming from hydro. Japan has 54 reactors, generating 34% of its electricity from them. The USA has 104 reactors but generates only 20 per cent of its electricity from them, given its vast alternative sources of power like hydro. In India as of 2003, installed power generating capacity was 107,533.3MW, of which 71 per cent came from burning fuels. Among India’s energy sources, the largest growth-potential is hydroelectric, which does not involve burning fuels ~ gravity moves water from the mountains to the oceans, and this force is harnessed for generation. Our hydro potential, mostly in the North and North-East, is some 150,000MW but our total installed hydro capacity with utilities was only 26,910MW (about 18 per cent of potential). Our 14 civilian nuclear reactors produced merely 4 per cent or less of the electricity being consumed in the country. Those 14 plants will come under “international safeguards” by 2014 under the nuclear deal.

It is extremely likely the international restrictions our existing nuclear plants have been under since the 1970s have hindered if not crippled their functioning and efficiency. At the same time, the restrictions may have caused us to be innovative too. Nuclear power arises from fission of radioactive uranium, plutonium or thorium. India has some 8 million tonnes of monazite deposits along the seacoast of which half may be mined, to yield 225,000 tonnes of thorium metal; we have one innovatively designed thorium reactor under construction. Almost all nuclear energy worldwide today arises from uranium of which there are practically unlimited reserves. Fission of a uranium atom produces 10 million times the energy produced by combustion of an atom of carbon from coal. Gas and fossil fuels may be cheap and in plentiful supply worldwide for generations to come but potential for cheap nuclear energy seems practically infinite. The uranium in seawater can satisfy mankind’s total electricity needs for 7 million years. There is more energy in the uranium impurity present in coal than can arise from actually burning the coal. There is plenty of uranium in granite. None of these become profitable for centuries because there is so much cheap uranium extractable from conventional ores. Design improvements in reactors will also improve productivity; e.g. “fast breeder” reactors “breed” more fissile material than they use, and may get 100 times as much energy from a kilogram of uranium as existing reactors do. India has about 95,000 tonnes of uranium metal that may be mined to yield about 61,000 tonnes net for power generation. Natural uranium is 99.3 per cent of the U-238 isotope and 0.7 per cent of the radioactive U-235 isotope. Nuclear power generation requires “enriched uranium” or “yellow cake” to be created in which U-235 has been increased from 0.7 per cent to 4 to 5 percent. (Nuclear bombs require highly enriched uranium with more than 90 per cent of U-235.) Yellow cake is broken into small pieces, put in metal rods placed in bundles, which are then bombarded by neutrons causing fission. In a reactor, the energy released turns water into steam, which moves turbines generating electricity. While there is no carbon dioxide “waste” as in burning fossil fuels, the “spent” rods of nuclear fuel and other products constitute grave radioactive waste, almost impossible to dispose of.

The plausible part of the Government of India’s official line on the Indo-US nuclear deal is that removing the international restrictions will ~ through importation of new technologies, inputs, fuel etc ~ improve functioning of our 14 existing civilian plants. That is a good thing. Essentially, the price being paid for that improvement is our willingness to commit that those 14 plants will not be used for military purposes. Fair enough: even if we might become less innovative as a result, the overall efficiency gains as a result of the deal will add something to India’s productivity. However, those purchasing decisions involved in enhancing India’s efficiency gains must be made by the Government’s nuclear scientists on technical grounds of improving the working of our existing nuclear infrastructure.

It is a different animal altogether to be purchasing new nuclear reactors on a turn-key basis from American or any other foreign businessmen in a purported attempt to improve India’s “energy security”. (Lalu Yadav has requested a new reactor for Bihar, plus of course Delhi will want one, etc.) The central question over such massive foreign purchases would no longer be the technical one of using the Indo-US deal to improve efficiency or productivity of our existing nuclear infrastructure. Instead it would become a question of calculating social costs and benefits of our investing in nuclear power relative to other sources like hydroelectric power. Even if all other sources of electricity remained constant, and our civilian nuclear capacity alone was made to grow by 100 per cent under the Manmohan-Montek deal-making, that would mean less than 8% of total Indian electricity produced.

This is where the oddities arise and a disjoint becomes apparent between what the Government of India is saying and what American and Indian businessmen have been doing. A “US-India Business Council” has existed for thirty years in Washington as “the premier business advocacy organization promoting US commercial interests in India.… the voice of the American private sector investing in India”. Before the nuclear or any other deals could be contemplated with American business, the USIBC insisted we pay up for Dabhol contracted by a previous Congress Government. The Maharashtra State Electricity Board ~ or rather, its sovereign guarantor the Government of India ~ duly paid out at least $140-$160 million each to General Electric and Bechtel Corporations in “an amicable settlement” of the Dabhol affair. Afterwards, General Electric’s CEO for India was kind enough to say “India is an important country to GE’s global growth. We look forward to working with our partners, customers, and State and Central Governments in helping India continue to develop into a leading world economy”.

Also, a new “US-India CEO Forum” then came about. For two Governments to sponsor private business via such a Forum was “unprecedented”, as noted by Washington’s press during Manmohan Singh’s visit in July 2005. America’s foreign ministry announced it saying: “Both our governments have agreed that we should create a high-level private sector forum to exchange business community views on key economic priorities…” The American side includes heads of AES Corporation, Cargill Inc., Citigroup, JP Morgan Chase, Honeywell, McGraw-Hill, Parsons Brinckerhoff Ltd, PepsiCo, Visa International and Xerox Corporation. The Indian side includes heads of Tata Group, Apollo Hospitals Group, Bharat Forge Ltd, Biocon India Group, HDFC, ICICI One Source, Infosys, ITC Ltd, Max India Group and Reliance Industries. Presiding over the Indian side has been Montek Ahluwalia, Manmohan’s trusted aide ~ and let it be remembered too that the Ahluwalias were Manmohan’s strongest backers in his failed South Delhi Lok Sabha bid. (Indeed it is not clear if the Ahluwalias have been US or Indian residents in recent years, and if it is the former, the onus is on them to clear any perception of conflict of interest arising in regard to roles regarding the nuclear deal or any other official Indo-US business.)

Also, before the Manmohan visit, the Confederation of Indian Industry registered as an official lobbyist in Washington, and went about spending half a million dollars lobbying American politicians for the nuclear deal. After the Manmohan visit, the US Foreign Commercial Service reportedly said American engineering firms, equipment suppliers and contractors faced a $1,000 billion (1 bn =100 crore) opportunity in India. Before President Bush’s visit to India in March 2006, Manmohan Singh signed vast purchases of commercial aircraft from Boeing and Airbus, as well as large weapons’ deals with France and Russia. After the Bush visit, the US Chamber of Commerce said the nuclear deal can cause $100 billion worth of new American business in India’s energy-sector alone. What is going on?

Finally, the main aspect of Manmohan Singh’s address to America’s legislature had to do with agreeing with President Bush “to enhance Indo-US cooperation in the field of civilian nuclear technology”. What precisely does this mean? If it means the Indo-US nuclear deal will help India improve or maintain its existing nuclear infrastructure, well and good. There may be legitimate business for American and other foreign companies in that cause, which also helps India make the efficiency and productivity gains mentioned. Or has the real motivation for the American businessmen driving the deal (with the help of the “CEO Forum” etc) been to sell India nuclear reactors on a turn-key basis (in collaboration with private Indian businessmen) at a time when building new nuclear reactors is unprofitable elsewhere in the world because of low gas prices? India’s citizens may demand to know from the Government whether the Manmohan-Montek deal-making is going to cause importation of new nuclear reactors, and if so, why such an expensive alternative is being considered (relative to e.g. India’s abundant hydroelectric potential) when it will have scant effect in satisfying the country’s energy needs and lead merely to a worsening of our macroeconomic problems. Both Manmohan Singh and Montek Ahluwalia have been already among those to preside over the growth of India’s macroeconomic problems through the 1980s and 1990s.

Lastly, an irrelevant distraction should be gotten out of the way. Are we a “nuclear weapons” state? Of course we are, but does it matter to anything but our vanity? Ronald Reagan and Mikhail Sergeyevich Gorbachev had control over vastly more nuclear weapons and they declared together twenty years ago: “A nuclear war cannot be won and must not be fought”, which is how the Cold War started to come to an end. We need to remind ourselves that India and Pakistan are large, populous countries with hundreds of millions of materially poor, ill-informed citizens, weak tax-bases, humongous internal and external public debts (i.e. debt owed by the Government to domestic and foreign creditors), non-investment grade credit- ratings in world financial markets, massive annual fiscal deficits, inconvertible currencies, nationalized banks, and runaway printing of paper-money. Discussing nuclear or other weapon-systems to attack one other with is mostly a pastime of our cowardly, irresponsible and yes, corrupt, elites.

3) Need for Clarity A poorly drafted treaty driven by business motives is a recipe for international misunderstanding  (August 19 2007)

Confusion prevails over the Indo-US Nuclear Deal. Businessmen, bureaucrats, politicians, diplomats, scientists and now the public at large have all joined in the cacophony in the last two years. On Wednesday August 15, America’s foreign ministry made the clearest most unequivocal statement possible as to the official American Government interpretation of the Indo-US nuclear deal: “The proposed 123 agreement has provisions in it that in an event of a nuclear test by India, then all nuclear co-operation is terminated, as well as there is provision for return of all materials, including reprocessed material covered by the agreement” (Sean McCormack). Yet our Prime Minister had told Parliament two days earlier: “The agreement does not in any way affect India’s right to undertake future nuclear tests, if it is necessary”. What is going on? Our politics are in uproar, and it has been suggested in these pages that the country go to a General Election to allow the people to speak on the matter. Clearly, we need some clarity.

Let us start at the beginning. How did it all originate? The private US nuclear industry prevailed upon India’s government bureaucrats and businessmen over several years that nuclear power is the way forward to solving India’s “infrastructure” problems. They would sell us, in words of the Manmohan-Montek Planning Commission’s energy adviser, “six to eight lightwater reactors” (especially as they may not be able to sell these anywhere else). Our usual prominent self-seeking retired bureaucrats started their waffling about the importance of “infrastructure”.

Then Manmohan Singh felt his foreign travels as PM could be hardly complete without a fife-and-drum visit to the White House. But before he could do so, Dabhol would have to be cleared up since American business in India was on a self-moratorium until GE and Bechtel were paid settlements of some $140-160 million each by the Governments of India and Maharashtra. GE’s CEO for India kindly said afterwards “India is an important country to GE’s global growth. We look forward to working with our partners, customers, and State and Central Governments in helping India continue to develop into a leading world economy”.

Also, before Manmohan’s USA trip, the Confederation of Indian Industry registered as an official Washington lobbyist and spent half a million dollars lobbying American politicians for the deal. (”Why?” would be a good question.)

So Dr Singh was able to make his White House visit, accompanied by US business lobbies saying the nuclear deal can generate $100 billion worth of new American business in India’s energy-sector alone. It is only when business has lubricated politics in America that so much agreement about the India-deal could arise. The “bottom-line” is that six to eight reactors must be sold to India, whatever politics and diplomacy it takes.

Now Dr Singh is not a PM who is a Member of the Lower House of Parliament commanding its confidence. He says his Government constitutes the Executive and can sign treaties on India’s behalf. This is unwise. If he signs a treaty and then the Congress Party loses the next General Election, a new Executive Government can use his same words to rescind the same treaty. What is sauce for the goose is sauce for the gander. One reason we are so confused is that India has not signed very many bilateral treaties, and there is barely a noted specialist in international law anywhere in the country. Dr Singh’s original mentor, PN Haksar, had gone about getting a treaty signed with the USSR back in 1971 which tided us over a war, though the USSR itself collapsed before that treaty ended.

Signing a treaty is much more than signing an international MOU. It requires a national consensus or a least a wide and deep understanding on the part of the public and the political class as to what necessitates the treaty. That plainly does not exist at present. Most people in India do not even know how nuclear power is generated, nor how small and insignificant nuclear power has been in India.

Natural uranium is 99.3 per cent of the U-238 isotope and 0.7 per cent the radioactive U-235 isotope. Nuclear power generation requires “enriched uranium” or “yellow cake” to be created in which U-235 has been increased from 0.7 per cent to 4 to 5 percent. (Nuclear bombs require “highly enriched” uranium with more than 90 per cent of U-235.) Yellow cake is broken into small pieces, put in metal rods placed in bundles, which are then bombarded by neutrons causing fission. In a reactor, the energy released turns water into steam, which moves turbines generating electricity. While there is no carbon dioxide “waste” as in burning fossil fuels, the “spent” rods of nuclear fuel and other products constitute grave radioactive waste, almost impossible to dispose of.

India’s 14 “civilian” nuclear reactors presently produce less than 4% of our total power. 70% of our power arises from burning fossil fuels, mainly coal. Much of the rest arises from hydro. We have vast hydroelectric potential in the North and Northeast but it would take a lot of serious political, administrative and civil engineering effort to organise all that, and there would not be any nice visits to Washington or Paris involved for politicians and bureaucrats.

Simple arithmetic says that even if all our principal energy sources stayed constant and only our tiny nuclear power sector grew by 100%, that would still hardly increase by very much our energy output overall. Placing a couple of expensive modern lightwater reactors around Delhi, a couple around Mumbai and a few other metros will, however, butter already buttered bread quite nicely and keep all those lifts and ACs running.

The agreed text of the “treaty” looks, from a legal standpoint, quite sloppily and hurriedly written ~ almost as if each side has cut and paste its own preferred terms in different places with a nod to the other side. For example, there is mention of “WMD” initially which is repeated as “weapons of mass destruction” just a little later. There is solemn mention of the “Government of India” and “Government of the United States of America” as the “Parties”, but this suddenly becomes merely “United States” and “India” in the middle and then reverts again to the formal usage.

Through the sloppiness comes scope for different interpretations. The Americans have said: try not to test, you don’t need to, we don’t test any more, and you have to know that if you do test, this deal is over, in fact it gets reversed. We have said, okay, we won’t test, and if we do test we know it is over with you but that does not mean it is over with others. Given such sloppy diplomacy and treaty-making, the scope for mutual misunderstanding, even war, remains immense long after all the public Indian moneys have found their way into private pockets worldwide. Will a future President Jeb Bush or Chelsea Clinton send F-22 bombers to bomb India’s nuclear facilities because India has carried out a test yet declined to return American equipment? Riding a tiger is not something generally to be recommended.

The answer to our present conundrum must be patience and the fullest transparency. What is the rush? If it is good or bad for us to buy six or eight new American reactors now, it will remain good or bad to do so a year or two from now after everyone has had a thorough think about everything that is involved. What the Manmohan-Montek Planning Commission needed to do first of all was a thorough cost-benefit analysis of India’s energy requirements but such elementary professionalism has been sorely lacking among our economists for decades.”

Subroto Roy

On the general theory of expertise in democracy: reflections on what emerges from the American “torture memos” today

Twenty years ago, I wrote in Philosophy of Economics (Routledge, London & New York, 1989) quoting from Solzhenitsyn’s experience:

“….the received theory of economic policy… must be silent about the appropriate role of the expert not only under conditions of tyranny (Solzhenitsyn: “The prison doctor was the interrogator’s and executioner’s right-hand man. The beaten prisoner would come to on the floor only to hear the doctor’s voice: ‘You can continue, the pulse is normal’” ); but also where the duly elected government of an open and democratic society proceeded to do things patently wrong or tyrannical (the imprisonment of the Japanese Americans). Hence Popper’s “paradox of democracy” and “tyranny of the majority”..… A theory of economic policy which both assumes a free and open society and bases itself upon a moral scepticism cannot have anything to say ultimately about the objective reasons why a free and open society may be preferred to an unfree or closed society, or about the good or bad outcomes that may be produced by the working of democratic processes…”

Today’s Washington Post reports:

“When the CIA began what it called an “increased pressure phase” with captured terrorism suspect Abu Zubaida in the summer of 2002, its first step was to limit the detainee’s human contact to just two people. One was the CIA interrogator, the other a psychologist. During the extraordinary weeks that followed, it was the psychologist who apparently played the more critical role. According to newly released Justice Department documents, the psychologist provided ideas, practical advice and even legal justification for interrogation methods that would break Abu Zubaida, physically and mentally. Extreme sleep deprivation, waterboarding, the use of insects to provoke fear — all were deemed acceptable, in part because the psychologist said so. “No severe mental pain or suffering would have been inflicted,” a Justice Department lawyer said in a 2002 memo explaining why waterboarding, or simulated drowning, should not be considered torture. The role of health professionals as described in the documents has prompted a renewed outcry from ethicists who say the conduct of psychologists and supervising physicians violated basic standards of their professions. Their names are among the few details censored in the long-concealed Bush administration memos released Thursday, but the documents show a steady stream of psychologists, physicians and other health officials who both kept detainees alive and actively participated in designing the interrogation program and monitoring its implementation. Their presence also enabled the government to argue that the interrogations did not include torture. Most of the psychologists were contract employees of the CIA, according to intelligence officials familiar with the program. “The health professionals involved in the CIA program broke the law and shame the bedrock ethical traditions of medicine and psychology,” said Frank Donaghue, chief executive of Physicians for Human Rights, an international advocacy group made up of physicians opposed to torture. “All psychologists and physicians found to be involved in the torture of detainees must lose their license and never be allowed to practice again.” The CIA declined to comment yesterday on the role played by health professionals in the agency’s self-described “enhanced interrogation program,” which operated from 2002 to 2006 in various secret prisons overseas. “The fact remains that CIA’s detention and interrogation effort was authorized and approved by our government,” CIA Director Leon Panetta said Thursday in a statement to employees. The Obama administration and its top intelligence leaders have banned harsh interrogations while also strongly opposing investigations or penalties for employees who were following their government’s orders. The CIA dispatched personnel from its office of medical services to each secret prison and evaluated medical professionals involved in interrogations “to make sure they could stand up, psychologically handle it,” according to a former CIA official. The alleged actions of medical professionals in the secret prisons are viewed as particularly troubling by an array of groups, including the American Medical Association and the International Committee of the Red Cross. AMA policies state that physicians “must not be present when torture is used or threatened.” The guidelines allow doctors to treat detainees only “if doing so is in their [detainees’] best interest” and not merely to monitor their health “so that torture can begin or continue.” The American Psychological Association has condemned any participation by its members in interrogations involving torture, but critics of the organization faulted it for failing to censure members involved in harsh interrogations. The ICRC, which conducted the first independent interviews of CIA detainees in 2006, said the prisoners were told they would not be killed during interrogations, though one was warned that he would be brought to “the verge of death and back again,” according to a confidential ICRC report leaked to the New York Review of Books last month. “The interrogation process is contrary to international law and the participation of health personnel in such a process is contrary to international standards of medical ethics,” the ICRC report concluded….” (emphasis added)

Twenty-five years ago, the draft-manuscript that became the book Philosophy of Economics got me into much trouble in American academia. As I have said elsewhere, a gang of “inert game theorists”, similar to many (often unemployable ex-mathematicians) who had come to and still dominate what passes for academic economics in many American and European universities, did not like at all what I was saying. A handful of eminent senior economists – Frank Hahn, T W Schultz, Milton Friedman, James M Buchanan, Sidney Alexander – defended my work and but for their support over the decade 1979-1989, my book would not have seen light of day.  Eventually, I have had to battle over years in the US federal courts over it – only to find myself having to battle bribery of court officers and the suborning of perjury by government legal officers  too! (And speaking of government-paid psychologists, I was even required at one point by my corrupt opponent to undergo tests for having had the temerity of being in court at all! Fortunately for me that particular psychologist declined to participate in the nefariousness of his employer!).

I find all this poignant today as Philosophy of Economics may have, among other things, described the general theoretical problem that has been brought to light today.  I was delighted to hear from a friend in 1993 that my book had been prescribed for a course at Yale Law School and was strewn all over an alley in the bookshop.

Separately, I am also delighted to find that a person pioneering the current work is a daughter of our present PM. I have been sharply critical of Dr Singh’s economics and politics, but I have also said I have had high personal regard for him ever since 1973 when he, as a friend of my father’s, visited our then-home in Paris to advise me before I embarked on my study of economics. My salute to the ACLU’s work in this – may it be an example in defeating cases of State-tyranny in India too.

Subroto Roy,

Did a full cricket team of Indian bureaucrats follow our PM into 10 Downing Street? Count for yourself!

British PM Gordon Brown welcomed our PM into his official home at 10 Downing Street — but did he know there would be something like a dozen Indian bureaucrats following Dr Singh in? What did all these people talk about in such a short time? Or did they just sit around creating a receptive audience for the two PMs’ discussion? Perhaps they were planning a cricket match between the Prime Minister’s Offices of the United Kingdom and the Republic of India, and so the teams were getting introduced to one another.

SR

Waffle not institutional reform is what (I predict) the “G-20 summit” will produce

“Summits”  of global political leaders require competent “sherpas”  to do the preparations.  From what I gather about the London “G-20 summit” this has not happened adequately enough, so I expect only a lot of waffle to emerge.  (If they suddenly start talking about Global Warming or AIDS in Africa or whatever, we will know the actual talks have failed badly.)

Reforming the IMF?   Hmmm, let’s see, what happened to all that talk four years ago about reforming the Big Daddy of them all, the UN?   Oh yes,  I forget, India is now a permanent veto-wielding Security Council Member, NOT!

It has been said that academic syllabus reform at a university is like ‘”moving a graveyard”.  Reforming the world monetary system and its major institutions would be like moving thousands of graveyards.   And there is no one with the brains of a White or a Keynes to help things along.  But we should not be surprised if there were pronouncements  of this or that high-powered commission of pompous worthies  who will make recommendations for reform some time in the future.    In general, little more than waffle will emerge now — I cannot even see the UK Government following informal British  advice to stand down from its founding role at the IMF.

There is no clear path to solving the great (alleged) economic and financial crisis because no one wants to admit its roots were the overvaluation (over decades) of American real-estate, and hence American assets in general.

India’s PM shall be seen at least up and about after several months out of action, indeed he will be up and about for the  first time in months doing what he (like India’s nomenclatura in general) likes doing best, which is to travel outside India.

Subroto Roy, Kolkata

A Brief History of Gilgit

A Brief History of Gilgit

by Subroto Roy

This is a rather self-contained excerpt from my two-part article in The Statesman of June 4-5 2006 titled“Pakistan’s Allies”.

“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 “three-state solution” for the Middle East (and why has Tony Blair not resigned when Israel attacked Gaza?) 2009

A few thousand years ago, Moses (whom Freud identified as likely to have been a monotheistic Egyptian nobleman) led the Hebrews out of Egypt. A year ago, Hamas blew up the much-hated wall between the Gaza Strip and Egypt with explosives, after secretly over months cutting heavy metal using oxyacetylene torches. Some three hundred and fifty thousand Gazans poured into Egypt’s Rafah town and market to buy food, medicine, cigarettes, petrol, cows, goats, sheep, camel, televisions, mobile phones etc. Israel’s wicked blockade of Gaza was broken. Hosni Mubarak apparently instructed Egyptian border guards not to resist the Palestinian crowds from entering Egypt, and stated that as long as they returned without weapons they were free to trade as they wished. Egypt could hardly have done anything else – Cairo had seen pro-Palestinian demonstrations and Mubarak’s police had arrested some 500 members of the  Muslim Brotherhood. The official Israeli response was “the free passage of Palestinians into Egypt and back, without any supervision, significantly increases the threat coming from the Strip”. The Israeli Foreign Ministry said “it is the responsibility of Egypt to ensure that the border operates properly, according to the signed agreements. We expect the Egyptians to solve the problem. Obviously we are worried about the situation. It could potentially allow anybody to enter.” But Egypt can hardly solve this problem other than by offering to extend Egyptian sovereignty to the whole of the Gaza Strip. Something similar would have to be done with the West Bank becoming absorbed officially into Jordan. The Palestinian people would then not have their own state after all but have been divided between the formal territories of Egypt, Jordan and of course Israel itself (is not Israel technically a secular country without a state religion?). Gaza and the West Bank could be autonomous regions within Egyptian and Jordanian sovereignty respectively. The Palestinians at least would be able to buy flour and have normal lives and not have been made to live in the open-air prison that they do now. The people of Gaza would have been spared the Israeli atrocity that has been going on in the last several weeks.

 

 

There are and have been uncountable quasi-nationalities who have not had their own nation-states. Kurds are divided between Turkey, Iraq and Iran;  Baloch are divided between Iran and Pakistan; Pashtuns are divided between Afghanistan and Pakistan;  Kashmiris  (and for that matter Punjabis and Sindhis) are divided between Pakistan and India; Bengalis are divided between India and Bangladesh;  Tamils are divided between India, Sri Lanka, Malaysia and Singapore; Tibetans are divided between India and China etc etc, and that is only in half of Asia. There are multitudinous cases all over Europe (and Britain), Africa and also the Americas and elsewhere. The Palestinians would have become one such. And like Poland being divided between Germany and Russia, or between Prussia, Austro-Hungary and Russia even earlier (on this see the inimitable Joseph Conrad Notes on Life and Letters), a people who have been divided without a separate identity can sometimes find themselves independent again as history progresses.

 

 

Islamic Iran has wished a “one-state” solution with the Palestinians and Israelis living together harmoniously, something that seems utopian at best, devious at worst — though recall too Martin Buber’s letter to Tagore.   British foreign policy invented the “two-state” solution ever since the Balfour declaration. It has proved infeasible. Tony Blair became the so-called “Quartet envoy” or whatever immediately after being UK prime minister and was supposed to herald in the two-state solution. He palpably failed and should have resigned when Israel attacked Gaza last month but that may have been too much to expect. Israel today seems to want to impose the “zero-state” solution by extinguishing Gaza (though at one time, pre-PLO and pre-Arafat perhaps, Israel may have proposed itself the annexation of Gaza and the West Bank by Egypt and Jordan respectively).

 

 

All things considered, the “three-state” solution may be the only practical and civilized alternative in the circumstances. Palestine would indeed be remembered, as a place and a culture and a people, and at least the Palestinians would be able to live and thrive and not be attacked.

 

 

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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Transparency & history: India’s archives must be opened to world standards

Transparency & history: India’s archives must be opened to world standards
by Claude Arpi & Subroto Roy
First published in Business Standard New Delhi December 31, 2008, 0:26 IST

The Government of India continues to hide India’s history from India’s people using specious excuses. An example is the Henderson-Brook report on the 1962 war, a single copy of which is said to exist locked away in the Defence Ministry. An anti-Indian author like Neville Maxwell is among the few ever given access to it; he has reiterated his factually incorrect theory (accepted by Henry Kissinger and Zhou Enlai and the US and Chinese establishments since) that the 1962 war was due to Nehru’s aggressive policy and China had no choice but launch a “pre-emptive attack”.

In Parliament not long ago, Defence Minister A K Antony said: “Considering the sensitivity of information contained in the report and its security implications, the report has not been recommended to be declassified in the National Security interest.” This is nonsense. Nothing from as far back as 1962 can possibly affect anything significant to India’s security today. In any case the Defence Ministry’s official history of the 1962 war, though officially unpublished, is openly available.

Even the 2005 Right to Information Act goes against transparency of research into India’s history. Article 8 (1) (a) says, “there shall be no obligation to give any citizen,— (a) information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence.” This can cover all files of the MEA, Defence and Home; there seems to be no right to academic freedom for India’s people to research their own history.

China itself is more open with its archives. Since 2004, the Foreign Ministry in Beijing has begun a systematic process declassifying more than 40,000 items from its diplomatic records for the period 1949-1960. The Cold War International History Project at the Woodrow Wilson International Center in Washington DC has recently published Inside China’s Cold War; the Project Director admits this has been possible due to China’s “archival thaw”.

In the USA, official documents are made available after 30 years or when a reasonable demand is made under the Freedom of Information Act. Numerous groups exist whose only work is to make sure the law is followed. The recently released Foreign Relations of the United States, Volume XVIII, China (1973-1976) published by the American foreign ministry reveals several interesting aspects of the India-USA-China relationship. Last year the National Archives and Records Administration (NARA) posted some 320,000 declassified cables on-line. The text of once-secret diplomatic cables indexed is today retrievable from the NARA Website. It also includes withdrawal cards for documents still classified, so these can be requested under the Freedom of Information Act. Out of 119,356 documents for 1973 and 200,508 for 1974, some 7,484 were related to India. Indians scholars today have to rely on US documents for their own history!

In an open society, the ordinary citizen has reasonably easy access to any and all information relating to the public or social interest— whether the information is directly available to the citizen himself/herself, or is indirectly available to his/her elected representatives like MPs and MLAs. Different citizens will respond to the same factual information in different ways, and conflict and debate about the common good will result. But that would be part of the democratic process. In an open society, both good news and bad news is out there in the pubic domain— to be assessed, debated, rejoiced over, or wept about. Citizens are mature enough to cope with both— the experience causes a process of social maturation in formulating the common good as well as responses to problems or crises the community may face. People improve their civic capacities, becoming better-informed and more discerning voters and decision-makers, and so becoming better citizens.

The opposite of an open society is a closed society— in which a ruling political party or self-styled elite or ‘nomenclatura’ keep publicly important information to themselves, and do not allow the ordinary citizen easy or reasonably free access to it. The reason may be merely that they are intent on accumulating assets for themselves in the dark as quickly as possible while in office, or that they are afraid of public anger and want to save their own skins from demands for accountability. Or it may be they have the impression that the public is better off kept in the dark— that only the elite ‘nomenclatura’ is in a position to use the information to serve the national interest. Bad news comes to be suppressed and so good news gets exaggerated in significance. News of economic disasters, military defeats or domestic uprisings gets suppressed. News of victories or achievements or heroics gets exaggerated. If there are no real victories, achievements or heroics, fake ones have to be invented by government hacks— though the suppressed bad news tends to silently whisper all the way through the public consciousness in any case.

Such is the way of government propaganda everywhere. Closed society totalitarianism permitted the general masses to remain docile and unthinking while the ‘nomenclatura’ make the decisions. Dostoevsky’s Grand Inquisitor said that is all that can be expected of the masses. Open society transparency was instead defined by Pericles for the Athenians: “Here each individual is interested not only in his own affairs but in the affairs of the state as well; even those who are mostly occupied with their own business are extremely well-informed on general politics— this is a peculiarity of ours: we do not say that a man who takes no interest in politics is a man who minds his own business; we say that he has no business here at all.”

The study of the subcontinent’s history using archival material is crucial to disentangle difficult problems like the Jammu & Kashmir issue or the border problem with China. Yet today nobody can access independent India’s primary sources locked in South Block and North Block in New Delhi. Most bizarrely, Jawaharlal Nehru’s papers are under control of his descendants like Priyanka Vadra and Sonia Gandhi, who claim copyright. Someone may need to tell them there is a universal principle that there can be no copyright on the public life-work of historical figures like presidents and prime ministers.

An Indian Reply to President Zardari: Rewarding Pakistan for bad behaviour leads to schizophrenic relationships

An Indian Reply to President Zardari:

 

Rewarding Pakistan for bad behaviour leads to schizophrenic relationships

 

by

Subroto 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.

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.

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.

Do President-elect Obama’s Pakistan specialists suppose Maulana Azad, Dr Zakir Hussain, Sheikh Abdullah were Pakistanis (or that Sheikh Mujib wanted to remain one)?

Once upon a time, half a century ago, the son of a Pakistani president married the daughter of an American ambassador to Pakistan and moved to Washington.  That might be as good a time as any from which to mark the start of the grip Pakistan’s military and political/bureaucratic elite have managed to have on the process of defining official American policy towards Pakistan and indeed the subcontinent as a whole.

Four young and   doubtless well-meaning Democratic Party “think tank” analysts have now produced a document Partnership for Progress: Advancing a New Strategy for Prosperity and Stability in Pakistan and the Region (Center for American Progress November 2008) that is the latest edition emerging out of that process.

It is hard to find the most simplistic of the statements contained in the document.  My runner-up candidate would be the recommendations that what should happen in Pakistan now is

“Dismantle militant groups and reduce regional tensions;
Bolster civilian governance;
Strengthen Pakistan’s economy and advance development”.

Bravo!  What else to say?

My winning candidate for naiveté though must be this on page 16:

“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.”

Now someone really ought to explain to these soon-to-be-Obama-Administration-Pakistan-specialists that, once upon a  time, there were men named Maulana Abul Kalam Azad and Dr Zakir Hussain and Sheikh Mohammad Abdullah and many others like them (let aside Khan Abdul Ghaffar Khan) who were all not merely devout Muslims but also leaders who had no wish to have any truck with any idea of a “Pakistan”. And furthermore, that some years later there came to be another man named Sheikh Mujibur Rahman and many others like him, who were Pakistanis but who no longer wished to remain so.

How is it possible for  four young scholars from places like the Fletcher School to not know this and yet pretend to expertise on Pakistan or the subcontinent?   Pakistanis and Indians and Bangladeshis who actually live in Pakistan and India and Bangladesh all know this from mother’s knee.  But the powerful Potomac/CFR/Houston etc Pakistan lobby which has heavily influenced if not controlled the discussion of America’s Pakistan-India policy-thinking has hidden away such inconvenient facts, and may have thus misled our young authors entering these woods for the first time. The inevitable result of such repression has been the set of neuroses and psychoses that have beset the US-Pakistan relationship for decades on end and seem likely to continue now under President Obama.

(As for official New Delhi, its own infirmities, like allowing organized business lobbies to define and control India’s relationship with the United States, as well as its delusions of grandeur, causes it too to fail History 101 miserably, which explains the shallow depths that Indian diplomatic discussion manages to reach on the subject.)

What the Center for American Progress has to say expectedly contains contradictions that have been long seen before.  For example, the authors are unable to reconcile their own explicit statements (A) and (B), revealing what a clinical psychologist might follow Gregory Bateson to identify as a classic “double-bind” leading to schizophrenia in the Pakistan-US relationship:

(A) “The United States should continue supporting and working with the Pakistani military despite strains in the relationship. The stakes are too high to walk away from Pakistan’s military establishment. Not only does most of the materiel for the US war effort in Afghanistan go through Pakistan, but the ISI is almost the exclusive source of information about international terrorist attacks perpetrated by Al Qaeda and its affiliates in Pakistan.”

(B) “Pakistan’s powerful military establishment has launched four outright coups d’etat in the country’s 60-year history. And through its control of the Inter-Services Intelligence directorate, or ISI, Pakistan’s premiere intelligence service, the military continues to carry out subtler manipulations of the political system during the periods when it has not held power directly…. The military establishment also has expanded far beyond its national security portfolio, entrenching itself in the Pakistani economy…. .The United States shares some of the blame for imbalance between military and civilian institutions in Pakistan. During the 1960s, 1980s, and since 9/11, the Pakistan military has been richly rewarded by the United States based on its status as a front-line state in the Cold War and then in the war against extremist terrorist networks. The United States has created perverse incentives by richly rewarding the Pakistani military in its promotion of unstable and insecure geopolitical situations on the other side of its borders, and then withdrawing our support if peace and stability return. The Pakistan military, meanwhile, uses the threat of India and the dispute over the Kashmir region to legitimize its leading role in Pakistan’s domestic politics and budget…. Ties between the Pakistani security establishment (or at a minimum individuals within it) and specific militant groups have not been severed. The militants that now form the core of the Pakistani and Afghan Taliban and the Pakistani Army have long-standing connections and shared interests….”

What may be recommended by way of therapy?

For starters, a book created under immense adversity at an American university almost 20 years ago: Foundations of Pakistan’s Political Economy: Towards an Agenda for the 1990s, Edited and with an Introduction by one William E James and one Subroto Roy.  (Yes, I too once was as young as these authors are now but we   We may have produced a more substantial piece of work.)  A prominent Pakistani author in the book thanked me for creating it because, he said, it was the first time Pakistan had been treated seriously at a Western university, not merely seen as a source of real-estate or manpower for Anglo-American interests.

Besides the book, I would, most immodestly, recommend any fraction of my subsequent publications in the field, listed alphabetically as below and all most easily available at this site.

America’s Pakistan-India Policy
History of Jammu & Kashmir
India and Her Neighbours
India, Pakistan, Sri Lanka, Bangladesh Merchandise Exports
Iqbal & Jinnah vs Rehmat Ali in Pakistan’s Creation
Is Balochistan Doomed?
Justice & Afzal
Lal Masjid ≠ Golden Temple
Law, Justice and J&K
On Hindus and Muslims
Pakistan’s Allies
Pakistan’s Kashmir obsession
Racism New and Old
Saving Pakistan
Separation of Powers: India, the USA, Pakistan
Solving Kashmir: On an Application of Reason
The Greatest Pashtun: Khan Abdul Ghaffar Khan
Two cheers for Pakistan
Understanding Pakistan
What To Tell Musharraf

Etc

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

In such matters, naiveté is too expensive a luxury to indulge in.

Subroto Roy

Postscript:  I had erroneously (and patronisingly) brushed all four authors as “young”; that has now been corrected; I hope it will not distract from the substance of the critique.

On Jimmy Carter & the “India-US Nuclear Deal”

I have always rather liked Jimmy Carter, who was President of the United States when I first went to Blacksburg from Cambridge in the summer of 1980.  It astonished me, perhaps because I was naiive, to find the depth of animosity against him among my American colleagues.  For example, I remember the late Wilson Schmidt (in one of several kindly gestures towards me until his untimely death) taking me to my first game of College Football — and there singing the Star Spangled Banner with the words “except Carter” added after “home of the brave”.   Of course it was the time of the Iranian hostage crisis which had then seemed to be a debilitating humiliation.

 

Jimmy Carter will need a good biographer to assess him properly, whether now or in years to come, and he may not get one; objective historians are simply too scarce, especially perhaps in America.  Certainly it was undignified of the Democratic Party not to give him any role whatsoever during the recent Convention appointing Barack Obama.

 

In the International Herald Tribune of September 11 2008, President Carter has said about the India-USA nuclear deal:

 

“different interpretations of the same pact can lead only to harsh confrontations if future decisions are made in New Delhi that contravene what has been understood in our country.”

 

 

I flatter myself to think he or his research-staff may have perhaps read my August 19 2007 article “Need for Clarity” available here where I said:

“The agreed text of the “treaty” looks, from a legal standpoint, quite sloppily and hurriedly written ~ almost as if each side has cut and paste its own preferred terms in different places with a nod to the other side…. Through the sloppiness comes scope for different interpretations. The Americans have said: try not to test, you don’t need to, we don’t test any more, and you have to know that if you do test, this deal is over, in fact it gets reversed. We have said, okay, we won’t test, and if we do test we know it is over with you but that does not mean it is over with others. Given such sloppy diplomacy and treaty-making, the scope for mutual misunderstanding, even war, remains immense long after all the public Indian moneys have found their way into private pockets worldwide. Will a future President Jeb Bush or Chelsea Clinton send F-22 bombers to bomb India’s nuclear facilities because India has carried out a test yet declined to return American equipment? Riding a tiger is not something generally to be recommended.”

Two cheers for Pakistan!

Two cheers for Pakistan!

by

Subroto Roy

First published in The Statesman

Editorial Page Special Article, April 7, 2008

A century has passed since British rulers in India like Curzon and Minto became self-styled interlocutors between Muslims and Hindus of the subcontinent. Up through the 19th century there had been no significant national political conversation between India’s main communities. The “Chief Translator” of the High Court in Calcutta was highly prized for his knowledge of Sanskrit, Persian and English because at least three different sets of laws governed different people in the country. Maulana Abul Kalam Azad wrote of his experience in the Bankim-inspired revolutionary societies of Bengal who treated him with extreme suspicion because they could hardly believe a Muslim wanted to join them as an anti-British rebel.

Jinnah vs Azad

Then came MA Jinnah, Iqbal, Rahmat Ali and others, initial creators of Pakistan whether through greater or lesser motives. Azad, Zakir Hussain, Sheikh Abdullah and other Muslims were equally firm the Pakistan idea was not only bad for India in the world it was bad for Muslims in particular. The Azads condemned the Jinnahs as greedy megalomaniacs, the Jinnahs condemned the Azads as minions of the Hindus. Larke lenge Pakistan, marke lenge Pakistan, khoon se lenge Pakistan, dena hoga Pakistan was the mob-cry during the bloody Partition, while the British, weakened by war and economics and bereft of their imperial pretensions, made haste to leave “this beastly country” to its fate ~ rather hoping the bloodshed would be such someone might hire them to stay on.

Certainly, having used the Indian Army for imperial purposes in the War, Britain (represented locally by a series of smartly dressed blundering fools) behaved irresponsibly in not properly demobilizing that Army during a period of intense communal tension. There were no senior Indian officers ~ KM Cariappa became a Brigadier only in 1946, Ayub Khan was a Colonel under him. Then there were the fatuous “princes” the British had propped up in “Indian India”, few being more than cardboard creatures. Among them was J&K’s ruler who was a member of Churchill’s War Cabinet and had come to harbour illusions of international grandeur. Once J&K’s Muslim soldiers returned to their Mirpuri homes, Jammu and Punjab were in communal conflict, months before the decision that Pakistan would indeed be created out of designated areas of British India just before British India extinguished itself. Army-issued Bren guns came to be used by former soldiers in communal massacres of the convoys of refugees going in each direction.

Part of the problem over J&K since then has been that it seems a dialogue of the deaf. Pakistanis since Zafrullah Khan claimed it was communal violence against Muslims in Jammu and Punjab that prompted the Pashtun invasion of Srinagar Valley beginning 22 October 1947; Indians have always claimed the new (and partly British-officered) Pakistan Army organized and instigated the invasion, coinciding with the planned takeover of Gilgit.

As in all complex moral problems, there was truth on all sides though no one doubts the invasion was savage and that the Pashtuns carried off Kashmiri women, Hindu, Muslim and Sikh. J&K descended into civil war, Abdullah’s secularists backed by the new India, Ibrahim’s communalists by the new Pakistan. Field Marshall Auchinlek, who commanded both Indian and Pakistani armies, had the decency to resign when he realized his forces were at war with one another. That J&K could not be independent in international law was sealed when the 15 October 1947 telegram sent by Hari Singh’s regime went unanswered by Attlee. The tribal invasion from Pakistan caused the old State of J&K to become an ownerless entity in international law, whose territories were then carved up by force by the two new British Dominions (later republics) and the result has been the “LOC”.

ZA Bhutto was perhaps Pakistan’s only politician after that time. The years between the assassination of Liaquat Ali Khan and the rise of Bhutto saw Pakistan’s military begin its liaison with the Americans ~ from the US Ambassador’s daughter marrying the Pakistan President’s son to the leasing of Peshawar’s airfields for U-2 flights over the USSR. Yet Bhutto’s deep flaws also contributed to the loss of Bangladesh and to brutality, supported by the Shah of Iran’s American helicopters, against the Baloch.

Bhutto’s daughter now may have succeeded in death where she could not in life. Like Indira Gandhi, there seemed a shrill almost self-sacrificial air about Benazir in her last days, and, like Indira, her assassination caused all her countrymen including her enemies to undergo an existential experience. Perhaps the public death of a woman in public life touches some chivalrous chord in everyone.

Benazir’s husband was transformed from seeming a rather dubious self-seeker to becoming a national leader of some sobriety. Her old adversary Nawaz Sharif, brought to power by one Army Chief and removed by another, is now a constitutional democrat – seemingly adamant that there be the Rule of Law and not of generals. Most of all, Benazir’s death seemed to completely shut up that most loquacious of Pakistanis: Pervez Musharraf. Musharraf seemed stunned and promised free, fair and transparent elections; though no one believed he would deliver, he somehow did. He would like now to be a senior statesman though it seems as likely his countrymen will not forgive his misdeeds and instead exile him to America.

Afghanistan

Pakistan’s main international problem is not and has never been J&K. It has been and remains its unsettled western border and identity vis-à-vis Afghanistan (as India’s problem has been the eastern border with China). Dr Khan Sahib and Khan Abdul Ghaffar Khan knew this but they were not allowed to speak by Pakistan’s Kashmir-obsessed elite. Zaheer Shah’s Afghanistan was the only country that voted against Pakistan joining the UN sixty years ago.

The present author has said before that Osama bin Laden may well be safely and comfortably in the deserts of North Africa while NATO and the Americans raise hell in Afghanistan and Waziristan pretending to look for him. It is not in India’s interest as it is not in Pakistan’s interest that Western militaries, who seem to have nothing better to do, brutalize Afghans of all descriptions in the name of nation-building or fighting “terrorism”. Afghan nation-building can only ultimately come from the Afghans themselves, no matter how many loya jirgas it takes. What Pakistan dislikes emerging from New Delhi is the sometimes rather supercilious and ignorant condescension that our officialdom is infamous for. Instead, with a new, seemingly clear-headed and well-intentioned Government in Pakistan elected for the first time ever, it may be time for all good people in the subcontinent to raise a glass of fruit juice and say “Two cheers for Pakistan!”

China’s India Example: Tibet, Xinjiang May Not Be Assimilated Like Inner Mongolia, Manchuria

Author’s Note: My articles on related subjects recently published in The Statesman include “Understanding China”, “China’s India Aggression”, “China’s Commonwealth”,  “Nixon & Mao vs India”, “Lessons from the 1962 War”, “China’s force & diplomacy” etc https://independentindian.com/2009/09/19/my-ten-articles-on-china-tibet-xinjiang-taiwan-in-relation-to-india/

 

 

 

China’s India Example: Tibet, Xinjiang May Not Be Assimilated Like Inner Mongolia And Manchuria

by

Subroto Roy

First published in The Statesman, Editorial Page Special Article March 25, 2008

Zhang Qingli, Tibet’s current Communist Party boss, reportedly said last year, “The Communist Party is like the parent (father and mother) of the Tibetans. The Party is the real boddhisatva of the Tibetans.” Before communism, China’s people followed three non-theistic religious cultures, Buddhism, Confucianism and Taoism, choosing whichever aspects of each they wished to see in their daily lives. Animosity towards the theism of Muslims and Christians predates the 1911 revolution. Count Witte, Russia’s top diplomatist in Czarist times, reported the wild contempt towards Islam and wholly unprovoked insult of the Emir of Bokhara by Li Hung Chang, Imperial China’s eminent Ambassador to Moscow, normally the epitome of civility and wisdom. In 1900 the slogan of the Boxer Revolts was “Protect the country, destroy the foreigner” and catholic churches and European settlers and priests were specifically targeted. The Communists have not discriminated in repression of religious belief and practice ~ monasteries, mosques, churches have all experienced desecration; monks, ulema, clergymen all expected to subserve the Party and the State.

 

 

Chinese nationalism

For Chinese officials to speak of “life and death” struggle against the Dalai Lama sitting in Dharamsala is astounding; if they are serious, it signals a deep long-term insecurity felt in Beijing. How can enormous, wealthy, strong China feel any existential threat at all from unarmed poor Tibetans riding on ponies? Is an Israeli tank-commander intimidated by stone-throwing Palestinian boys? How is it China (even a China where the Party assumes it always knows best), is psychologically defensive and unsure of itself at every turn?

 

The Chinese in their long history have not been a violent martial people ~ disorganized and apolitical traders and agriculturists and highly civilised artisans and scholars more than fierce warriors fighting from horseback. Like Hindus, they were far more numerous than their more aggressive warlike invading rulers. Before the 20th Century, China was dominated by Manchu Tartars and Mongol Tartars from the Northeast and Northwest ~ the Manchus forcing humiliation upon Chinese men by compelling shaved heads with pigtails. Similar Tartar hordes ruled Russia for centuries and Stalin himself, according to his biographer, might have felt Russia buffered Europe from the Tartars.

 

 

Chinese nationalism arose only in the 20th Century, first under the Christian influence of Sun Yatsen and his brother-in-law Chiang Kaishek, later under the atheism of Mao Zedong and his admiring friends, most recently Deng Xiaoping and successors. “Socialism with Chinese characteristics” is the slogan of the present Communist Party but a more realistic slogan of what Mao and friends came to represent in their last decades may be “Chinese nationalism with socialist characteristics”. Taiwan and to lesser extent Singapore and Hong Kong represent “Chinese nationalism with capitalist characteristics”. Western observers, keen always to know the safety of their Chinese investments, have focused on China’s economics, whether the regime is capitalist or socialist and to what extent ~ Indians and other Asians may be keener to identify, and indeed help the Chinese themselves to identify better, the evolving nature of Chinese nationalism and the healthy or unhealthy courses this may now take.

 

 

Just as Czarist and Soviet Russia attempted Russification in Finland, the Baltics, Poland, Ukraine etc., Imperial and Maoist China attempted “Sinification” in Manchuria and Inner Mongolia as well as Tibet and Xinjiang (Sinkiang, East Turkestan). Russification succeeded partially but backfired in general. Similarly, Sinification succeeded naturally in Manchuria and without much difficulty in Inner Mongolia. But it has backfired and backfired very badly in Tibet and Xinjiang, and may be expected to do so always.

 

 

In India, our soft state and indolent corrupt apparatus of political parties constitute nothing like the organized aggressive war-machine that China has tried to make of its state apparatus, and we have much more freedom of all sorts. India does not prohibit or control peasant farmers or agricultural labourers from migrating to or visiting large metropolitan cities; villagers are as free as anyone else to clog up all city life in India with the occasional political rally ~ in fact India probably may not even know how to ban, suppress or repress most of the things Communist China does.

Hindu traditions were such that as long as you did not preach sedition against the king, you could believe anything ~ including saying, like the Carvaka, that hedonism and materialism were good, spiritualism was bunkum and the priestly class were a bunch of crooks and idiots. Muslim and British rulers in India were not too different ~ yes the Muslims did convert millions by offering the old choice of death or conversion to vanquished people, and there were evil rulers among them but also great and tolerant ones like Zainulabidin of Kashmir and Akbar who followed his example.

India’s basic political ethos has remained that unless you preach sedition, you can basically say or believe anything (no matter how irrational) and also pretty much do whatever you please without being bothered too much by government officials. Pakistan’s attempts to impose Urdu on Bengali-speakers led to civil war and secession; North India’s attempts to impose Hindi on the South led to some language riots and then the three-language formula ~ Hindi spreading across India through Bollywood movies instead.

China proudly says it is not as if there are no declared non-Communists living freely in Beijing, Shanghai etc, pointing out distinguished individual academics and other professionals including government ministers who are liberals, social democrats or even Kuomintang Nationalists. There are tiny state-approved non-Communist political parties in China, some of whose members even may be in positions of influence. It is just that such (token) parties must accept the monopoly and dictatorship of the Communists and are not entitled to take state power. The only religion you are freely allowed to indulge in is the ideology of the State, as that comes to be defined or mis-defined at any time by the Communist Party’s rather sclerotic leadership processes.

Chinese passports

During China’s Civil War, the Communists apparently had promised Tibet and Xinjiang a federation of republics ~ Mao later reneged on this and introduced his notion of “autonomous” regions, provinces and districts. The current crisis in Tibet reveals that the notion of autonomy has been a complete farce. Instead of condemning the Dalai Lama and repressing his followers, a modern self-confident China can so easily resolve matters by allowing a Dalai Lama political party to function freely and responsibly, first perhaps just for Lhasa’s municipal elections and gradually in all of Tibet. Such a party and the Tibet Communist Party would be adequate for a two-party system to arise. The Dalai Lama and other Tibetan exiles also have a natural right to be issued Chinese passports enabling them to return to Tibet~ and their right to return is surely as strong as that of any Han or Hui who have been induced to migrate to Tibet from Mainland China. Such could be the very simple model of genuine autonomy for Tibet and Xinjiang whose native people clearly do not wish to be assimilated in the same way as Inner Mongolia and Manchuria. India’s federal examples, including the three-language formula, may be helpful. Once Mainland China successfully allows genuine autonomy and free societies to arise in Tibet and Xinjiang, the road to reconciliation with Taiwan would also have been opened.

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.

Lessons from the 1962 War: there are distinct Tibetan, Chinese and Indian points of view that need to be mutually comprehended (2007)

Prefatory Note: This is part of a series of articles published in The Statesman since October 2007 and republished here, viz., Understanding China, India-USA Interests, China’s India Aggression, Surrender or Fight?, China’s Commonwealth, Nixon & Mao vs India, China’s India Example and China’s Force and Diplomacy. See https://independentindian.com/2009/09/19/my-ten-articles-on-china-tibet-xinjiang-taiwan-in-relation-to-india/

Lessons from the 1962 War

 

 

Beginnings of a solution to the long-standing border problem: there are distinct Tibetan, Chinese and Indian points of view that need to be mutually comprehended.

 

 

SUBROTO ROY

First published in The Sunday Statesman, January 13 2008,  Editorial Page Special Article

 

 

WAR is an existential experience from which nations emerge altered, reflective and sometimes more mature. Germany tried to purge anti-Jewish hatred, Japan to adopt pacifism, Britain to break class-structures, Russia to explode Stalin’s cult. America learnt little from its Vietnam debacle, creating new tactics and technologies to reduce American casualties in war but not showing any improved capacity to comprehend the world beyond its shores and borders.

 

 

India after the 1962 defeat by Mao’s China learnt less than was possible and necessary to do. The Government’s official history concluded: “In a fundamental sense, the origins of the 1962 Sino-Indian conflict lay in Chinese expansionism and occupation of Tibet. The issue got further aggravated due to failure of the Chinese to win over the Tibetans. Indian asylum to the Dalai Lama raised Chinese suspicions about ultimate Indian intentions. On the other hand, India, while tacitly accepting the Chinese occupation of Tibet through a treaty in 1954, failed to obtain any quid pro quo on the border issue.” This is true enough but a deeper probe is also possible.

 

 

India’s 20th Century political and intellectual leadership may have grossly failed to comprehend critical world events in a realistic manner, specifically Vladimir Ulyanov’s German-assisted Bolshevik coup d’etat, the Kuomintang and Maoist takeovers in China, as well as India’s own struggle for Independence. After BG Tilak, Annie Besant, GK Gokhale and other founders of Indian nationalism passed from the scene, leaders arose like MK Gandhi, MA Jinnah, SC Bose and J Nehru who tended to be consumed, to lesser or greater extent, by their own hubris and were less able to see India’s fortunes and capacities in context of a larger world. None had military, administrative or public finance experience needed for practical government; instead there arose almost a new hereditary caste of the “professional politician” who has no other vocation or anything better to do in life. Nazi-admirers like Mashriqi and Rahmat Ali among Muslims and the Mahasabha and RSS among Hindus also lent mainstream Indian nationalism a harsh distasteful colouration.

 

 

Czechoslovakia’s great nationalist Masaryk (who famously denounced Austro-Hungary as a “corrupt, pretentious, senseless relic”) was said to be “a leader who planned further ahead than his contemporaries, understood the corroding effects of power, the vital need of restraint in the ruler, and above all the need for taking the nation into his confidence, educating it in the sense of drawing out all its innate qualities and sharing its manifold aspirations” (Seton-Watson). India’s clear-headed statesmen of that calibre were not among its most visible or ambitious. Vallabhbhai Patel, MAK Azad, C Rajagopalachari and others were left on the sidelines of free India’s politics ~ as Plato predicted, the genuine pilot of the ship of state will be hardly invited to take its wheel nor even want to do so.

 

 

Nehru alone, as chosen by Gandhi, came to wield actual power in the 1950s, having maneuvered Rajendra Prasad to being President. And Nehru, besotted in middle age with a married British woman, seemed awestruck by appearance of a victorious Maoist communism in China just as he had been adoring of Stalin’s Russia two decades earlier. The Congress’s friends among India’s official Communists and fellow-travelers never had much original indigenous grassroots support and always looked abroad for guidance. Non-alignment needed to be made of sterner stuff.

 

 

Nehru’s flawed management of the relationship with Communist China included not merely choosing a favourite like Krishna Menon to head India’s military, but also imagining himself a competent world diplomatist. Girja Shankar Bajpai would have been far superior as India’s first Foreign Minister. In 1952, Bajpai, then Governor of Bombay, wrote to Nehru saying India should inform Zhou Enlai the McMahon Line was firm in law and non-negotiable.

 

 

Was the McMahon Line firm and just? Nehru was no Curzon but it was as a Curzonian imperialist that Mao and Zhou saw him. All Chinese, whether Communist or Nationalist, chafed at the way the Manchu-dynasty’s Empire had been carved up. “China is our India” was Czarist Russia’s intent towards China itself. China had an awful political and military history from when foreign depredations began in the 1840s all the way until the Mao-Zhou era ended in the 1970s. Indeed China’s polity between the 1840s and 1940s suffered far greater chaos and anarchy than India’s in the same period.

 

 

From a Chinese standpoint, Younghusband’s diplomatic and military invasion of Gyantze and Lhasa in 1903-1904 was an insult they had been unable to militarily confront. Curzon sent Younghusband’s expedition because there appeared to be Russian intrigues with the Dalai Lama via the Russian/Mongolian agent Dorjiev who had transmitted Russian ideas of extending its new Siberian railway to Lhasa and posting Cossack soldiers there. The Russians seemed to want to adopt the Dalai Lama given his religious influence over Mongolia. The British were alarmed and determined to annihilate the influence of Dorjiev which they did. Thence came the Anglo-Russian Treaty of 1907 which specified British and Russian spheres of influence in Iran and Afghanistan, and stated Tibet would be dealt with internationally only through the Chinese Empire. The McMahon Line, as a recognition of the traditional boundary, flowed naturally from the legitimacy of the Anglo-Russian Treaty. As for Sinkiang, though a Chinese province since 1884 it came to be ruled by warlords under Russian influence.

 

 

The Mao-Zhou war machine was determined to take over and militarily hold both Sinkiang and Tibet as an assertion of new China’s self-definition against Russia and Britain; hence their denunciation of Nehru as a pawn first of Britain and then of Russia. China building a road surreptitiously between Sinkiang and Tibet through Aksai Chin was reminiscent of Russia’s coercive behaviour against China in building the Trans-Siberian Railway through Chinese territory to Vladivostok. At worst, the Indians would have to admit that erstwhile J&K State since October 1947 had become an ownerless entity whose unclaimed territory had been carved up by force by the new Pakistan, new India and new China.

 

 

From an Indian standpoint, the traditional recognised boundary placed Aksai Chin clearly in Ladakh and not Tibet. Aksai Chain is a salt pit without “a blade of grass” but for all anyone knows, it could be rich in minerals. Karakorum Pass is also newly valuable to the Chinese as they seek to develop a land-route from Baluchistan’s Gwadar Port through Pakistan to China. If India has lost Aksai Chin and Karakorum Pass by force of arms without compensation, force of arms may be the only means of retrieval. Due compensation from China could be Chumbi Valley between Sikkim and Bhutan, and China seems once to have mentioned mutual perpetual lease of Aksai Chin and Chumbi Valley.

 

 

From a Tibetan point of view, the Amban representing the Chinese Emperor was driven out of Lhasa in 1912 and Tibet was independent of China for 38 years. Tibet has as much of a claim to be independent of China as Poland or Ukraine have had to be of Russia. As for the McMahon Line, it is indeed legally non-negotiable between China and India as it flowed directly out of the Anglo-Russian Treaty of 1907, and it was under that Treaty that China received international recognition of its formal suzerainty over Tibet since 1720 until that time. Mao once likened Tibet to the palm of a hand with Ladakh, Nepal, Sikkim, Bhutan and Assam as five fingers. Modern China must decide between such a metaphor of Maoist expansionism (which India would have to militarily resist) and joining the world of international law created since Grotius. Democratic conditions in Tibet would also have to be insisted upon so the Dalai Lama and other Tibetans may return home from India in peace and freedom.

 

 

Map of Asia c. 1900

Nixon & Mao vs India: How American foreign policy did a U-turn about Communist China’s India aggression

Nixon & Mao vs India

How American foreign policy did a U-turn about Communist China’s India aggression. The Government of India should publish its official history of the 1962 war.

by

SUBROTO ROY

First published in The Sunday Statesman, Jan 6 2008, The Statesman Jan 7 2008

Editorial Page Special Article

THE 1972-74 conversations between Richard Nixon and Henry Kissinger on one hand and Mao Zedong, Zhou Enlai and Deng Xiaoping on the other, especially about India, Pakistan and Bangladesh, have been public for a few years now. They make disturbing reading for Indians and Bangladeshis, and for Pakistanis too who may be concerned about the political health of their country. Yahya Khan, Pakistan’s debauched military dictator, made the Nixon-Mao meeting possible and received much praise from Zhou and support from Nixon and Kissinger. Pakistan’s official assessment of Yahya following the 1971 military defeat and secession of Bangladesh was far more candid and truthful, giving the lie to the praise bestowed upon him by Nixon and Zhou in their conversation.

Nixon and Kissinger were decidedly second-rate intellects in political power who believed themselves first-rate ~ a dangerous circumstance. Their policy caused Chiang Kaishek’s Republic of China to be expelled from the UN, its veto-wielding seat taken by Mao’s People’s Republic. The Government of India, under influence of communist sympathisers like Krishna Menon, KM Pannikar, KPS Menon et al, had been pleading the same case at the UN since 1949/1950, rebuffed each time by American veto. Now Nixon and Kissinger yielded to the idea to the delight of Mao-Zhou, and ganged up with Pakistan’s military against democratic India and the new Bangladesh.

Nixon went to Beijing at a time the catastrophic American involvement in Vietnam had reached a peak ~ something that itself was an outcome of the Dulles-Nixon doctrine of a “domino effect” in South East Asia. The Americans failed to comprehend Vietnamese nationalism against France or recognise how that had been historically directed at imperial China. Nixon’s carpet-bombing of Cambodia in needless extension of the Vietnam conflict was to cause the rise to power of Pol Pot and his vicious Khmer Rouge (to remove whom Vietnam attacked, causing China to attack Vietnam in 1979).

Nixon was in Beijing in February 1972 ostensibly to seek Chinese cooperation in ending the Vietnam War, as well as opening an Eastern Front in the Cold War against the USSR. Nixon fancied himself a Metternich-like statesman whose wisdom and brilliance would redesign the international order for a century. What was plain to unsentimental observers was that his underlying purpose was greedy and hardly statesmanlike, namely, winning re-election in November 1972 by outflanking domestic left-wing criticism using photos of having been toasted by Mao himself. That Nixon was no Machiavelli, Metternich or Bismarck but more likely just delusional and paranoid came to be revealed in his subsequent political debacle over Watergate.

The US attitude towards China’s 1959-1962 aggression against India changed drastically because of Nixon’s Beijing visit. Tibet’s people and culture had not been attacked and brutalised by Chiang Kaishek’s Nationalist Army nor by India’s soldiers ~ the Mao-Zhou Communist war machine, fresh from their Korean adventures, did that. There would have been no border conflict between China and India today in 2008 if Communist China had not first invaded and occupied Tibet.

All such fundamental facts used to be perfectly clear to the Americans as to everyone else. India’s Defence Ministry’s excellent official history of the 1962 war acknowledges the vital aid sent by President Kennedy with the help of Ambassador Galbraith. Ten years later, in 1972, Nixon and Kissinger in Beijing changed all that completely and did a U-turn against India using the dubious book of a single journalist as cover for their dissimulation:

“ZHOU: …. Actually the five principles (of peaceful coexistence) were put forward by us, and Nehru agreed. But later on he didn’t implement them. In my previous discussions with Dr Kissinger, I mentioned a book by Neville Maxwell about the Indian war against us, which proves this.
NIXON: I read the book.
KISSINGER: I gave it to the President.
NIXON: I committed a faux pas ~ Dr Kissinger said it was ~ but I knew what I was doing. When Mrs Gandhi was in my office before going back, just before the outbreak of the (1971) war, I referred to that book and said it was a very interesting account of the beginning of the war between India and China. She didn’t react very favourably when I said that. (Zhou laughs)
ZHOU: Yes, but you spoke the truth. It wasn’t faux pas. Actually that event was instigated by Khrushchev. He encouraged them. In looking at 1962, the events actually began in 1959. Why did he go to Camp David? In June of that year, before he went to Camp David, he unilaterally tore up the nuclear agreements between China and the Soviet Union. And after that there were clashes between Chinese and Indian troops in the western part of Sinkiang, the Aksai Chin area. In that part of Sinkiang province there is a high plateau. The Indian-occupied territory was at the foot of the Karakorums, and the disputed territory was on the slope in between.
KISSINGER: It’s what they call Ladakh.
NIXON: They attacked up the mountains.
ZHOU: We fought them and beat them back, with many wounded. But the TASS Agency said that China had committed the aggression against India…..They just don’t want to listen to reason. Anyway, the TASS Agency account had the effect of encouraging India. And also Maxwell mentioned in the book that in 1962 the Indian Government believed what the Russians told them that we, China, would not retaliate against them. Of course we won’t send our troops outside our borders to fight against other people. We didn’t even try to expel Indian troops from the area south of the McMahon Line, which China doesn’t recognize, by force. But if (Indian) troops come up north of the McMahon Line, and come even further into Chinese territory, how is it possible for us to refrain from retaliating? We sent three open telegrams to Nehru asking him to make a public reply, but he refused. He was so discourteous; he wouldn’t even do us the courtesy of replying, so we had no choice but to drive him out. You know all the other events in the book, so I won’t describe them, but India was encouraged by the Soviet Union to attack.
NIXON: I would like to ask the Prime Minister a question with regard to Bangladesh recognition. We have delayed recognition though Britain and other countries have done so.
ZHOU: France has also recognised Bangladesh.
NIXON: Before we make a decision on that, we have tried to find the attitude of (Zulfikar Ali) Bhutto. And Bhutto indicated he does not object to recognition. In fact he could see that we would have some advantage in not leaving the field clear to the Soviet Union in that region. It is our understanding that India is supposed to withdraw all its forces from Bangladesh by the 24th of March. And based on what we have for consideration, we have for consideration the possibility of recognising Bangladesh about that time….”
“ZHOU: …. we truly wish to see (India) truly withdraw their troops in East Pakistan, now called Bangladesh. We wish to see them truly do this and not just with words. Of course they can only do that superficially, because if they get some Bengali forces to remain and join Mujibar Rahman, there would be no way to be sure because the Bengalis all look the same. But that would trouble to the future of India and Mrs Gandhi herself. The Indians said they have no territorial ambitions, but the development of events is that they have remained in their place and refused to withdraw. Once again we can only cite the events of Indian aggression in the 1962 war. At that time our troops pressed to the foothills quite close to Tezpur in Assam, and when they reached that place, Chairman Mao ordered that all troops should turn back. We turned back to the Indians ~ this is in Maxwell’s book ~ and we withdrew all troops back north of the so-called McMahon Line because one must show one can be trusted and must not wait for others to act…. India should withdraw its troops from the areas it is occupying in West Pakistan, and Pakistan should also withdraw from the lesser areas it occupies in India. Bhutto agrees. These two things, at least, the Indian side should abide by. If the US recognises Bangladesh after this situation is brought about, then we believe this would raise the prestige of the US in the United Nations.
After all, what you want is to bring about the withdrawal of all troops from Bangladesh and West Pakistan. Also, you will be able to encourage Mr Bhutto and give him some assistance. That is what they need. You said your actions should be parallel to ours, and we don’t mind that. We said this both to Yahya, the former President, and to the present President. Both of us owe something to Yahya, although he didn’t show much statesmanship in leading his country, for (bridging) the link between our two countries.
NIXON: He is a bridge.
ZHOU: We should not forget and we cannot forget, especially that Dr Kissinger was able through him to come secretly for talks here. And when a man makes a contribution to the world, we should remember him.
KISSINGER: Actually the President sent a message to Bhutto that he should treat Yahya well in retirement and we would not look favourably on any retribution. It was a personal message from Pakistan.
ZHOU: …. At the time of the ceasefire they (the Pakistanis) still had 80,000 troops in East Pakistan. It was not a situation in which they couldn’t keep fighting….. Yahya should have concentrated his troops to win a victory, and once the Indians had suffered a defeat they would have stopped because West Bengal was not very secure either. So at that time even our Vice Foreign Minister still believed they could win the war. Bhutto too…. .
KISSINGER: (Reading from a cable) Mr President, you were speaking of military shipments. We have information that the Soviet Union has shipped since November 150 tanks from Poland and 100 armored personnel carriers from Czechoslovakia. They were shipped in two ships each month in November and December. In January a third ship was to bring military equipment to India.
NIXON: To India?
KISSINGER: To India.
NIXON: The problem is to find some way that West Pakistan can find some military equipment and assistance. On our side, what we will do is to supply substantial amounts of economic assistance to West Pakistan. That would enable West Pakistan to ~ we would think in the interest of its defence ~ to acquire arms from other sources. As a matter of fact, that is the tragedy of our policy in India. We supplied almost 10 billion dollars in assistance to India in the last 20 years ~ very little was military assistance, it was economic ~ and that relieved India so it could purchase very substantial amounts of arms from the Soviet Union, and also manufacture arms. That was not our intent, but that’s what happened. With regard to our aid to India on this point ~ economic assistance ~ we are going to move in a very measured way. I am resisting considerable pressure from the public and the press to rush in and resume economic assistance at former levels. We are going to wait and see what India does with regard to the border problem and our relations generally.
ZHOU: And India actually is a bottomless hole. (Nixon laughs)
NIXON: When the Prime Minister referred to the problem India has with Bangladesh, as I look at India’s brief history, it has had enough trouble trying to digest West Bengal. If now it tries to digest East Bengal it may cause indigestion which could be massive.
ZHOU: That’s bound to be so. It is also a great pity that the daughter (Madame Gandhi) has also taken as her legacy the philosophy of her father embodied in the book Discovery of India (in English). Have you read it?
KISSINGER: He was thinking of a great India empire?
ZHOU: Yes, he was thinking of a great Indian empire ~ Malaysia, Ceylon, etc. He would probably also include our Tibet. When he was writing that book in a British prison, but one reserved for gentlemen in Darjeeling. Nehru told me himself that the prison was in Sikkim, facing the Himalayan mountains. At the time I hadn’t read the book, but my colleague Chen Yi had, and called it to my attention. He said it was precisely the spirit of India which was embodied in the book. Later on when I read it I had the same thought.
NIXON: …. Germany and Japan, received US aid…. why (they) have done so well, it is because they have qualities of drive and are willing to work hard, whereas some other countries we have helped do not have this quality. This brings me to the point: it is not the help that is provided a country that counts, it is whether the people of that country have the will to use this help. If they don’t have that, the money just goes down a rathole. A pretty good example is aid to India. (Zhou laughs)… India is not able to do much with aid because as compared with Japan, it does not have the drive, or the spirit of determination that the Japanese people have…..”

Genocide
Every Bangladeshi knows the causal role Z A Bhutto had in Pakistan’s civil war yet it is upon the word of such a man that Nixon’s recognition of their nation seemed based. The famous “Archer Blood telegram” by the American Consul-General in Dhaka reporting the genocidal Yahya-Tikka assault on East Pakistan starting March 25 1971 meant nothing to Nixon and Kissinger. Benazir retained her charm in Washington’s power circles because she was Bhutto’s daughter. Similarly, as recently as the 1999 Kargil conflict, Bill Clinton flatteringly referred to China for advice on how to deal with India and Pakistan.

Perversely enough, many in New Delhi, Kolkata etc express so much confused love for both China and the United States that they have accepted as their own the biased baseless opinions about India expressed by Nixon, Kissinger and the Communist Chinese. They would do well to read instead the Defence Ministry’s excellently researched historical account of the 1962 war, which the Government of India should not only publish properly at once but have translated into Mandarin as well.

Dr Manmohan Singh has as recently as 29 November 2007 expressed the opinion: “The type of leadership that China has produced since the days of Deng, I think, is the greatest asset that China has”. Dr Singh might have said, but did not, that China’s greatest asset has been in fact the preservation of Confucian values despite decades of communist tyranny and destruction. With such deep misapprehension about post-1949 China on the part of India’s present Head of Government, it may be unlikely that New Delhi or Kolkata acquires a realistic view of our neighbour or of a healthy China-India relationship in the 21st Century.

China’s Commonwealth: Freedom is the Road to Resolving Taiwan, Tibet, Sinkiang

China’s Commonwealth

Freedom is the Road to Resolving Taiwan, Tibet, Sinkiang

by

Subroto Roy

First published in The Statesman, December 17 2007, Editorial Page special article

War between China and Taiwan would lead to nothing but disaster all around. Everyone recognises this yet China’s military and political establishment threaten it sporadically when provoked by Taiwan’s leaders, and both sides continue to arm heavily and plan for such a contingency. China’s military is mostly congregated in its North West, North, East and South East with between one third and one half of its total forces facing Taiwan alone in an aggressive posture for an amphibious invasion. Taiwan faces 900 Chinese missiles targeted at it. China’s South West has been left relatively unguarded as no threat has been perceived from India or the Tibetans in fifty years.

Cross-strait relations

The 23 million people of Taiwan have made themselves relatively secure across the 100 miles of sea that separate them from the Mainland. A sea-borne Communist invasion following a heavy missile barrage and blockade would undoubtedly leave the Taiwanese badly bruised and bleeding. But there is enough experience from World War II to suggest that trying to invade and occupy islands turns out as badly for the invader as it does for the defender. The Taiwanese military are confident they may be able to defeat an attempted invasion after two or three weeks of fierce fighting even if their promised American ally fails to materialize by their side.

In any case, for China to succeed in forcibly establishing its rule someday over Taiwan would be a pyrrhic victory, since it would lead to tremendous political and economic costs upon all Chinese people. Gaining control after a terrible war would rule out the Hong Kong “One Country Two Systems” model, with nominal Chinese sovereignty being established over an otherwise unchanged Taiwan. Instead the Chinese would have to institute a highly repressive political system, which will incorrigibly damage Taiwan’s flourishing technologically advanced economy, as well as lead to drastic irreparable political and economic retrogression on the Mainland.

Political repression will lead backwards again to the long-gone era of Mao-Zhou communism, displacing the glacial positive trends seen since Deng Xiaoping. Foreign confidence and investment would vanish, boycotts may cause China to lose lucrative and hard-earned new markets in the USA, Europe and Asia, as the world recoiled from the bloodshed to wait to see what the new repression led up to. The Chinese Communist Party (CPC), tiny as it is in size compared to China’s vast population, would become much weakened and lose whatever little confidence it has among an increasingly modern- minded and aware Chinese public. Occupying Taiwan in the 21st Century will not be a tea-party.

The alternative to war is “peaceful reunification” which is the official policy of the CPC, and which also has been a major plank of United States foreign policy since the time of George C Marshall. Unlike Britain, Japan, Russia, France, Germany, even Sweden and Belgium, the Americans were not among the 19th Century powers that exploited China, and that is something that has left some residual goodwill, implicit as it may be, since all Chinese despise the fact their country was humiliated by greedy foreign powers in the past. The USA has subscribed to “One China” and peaceful unification even after its cynical near-betrayal of Taiwan since 1972, having normal diplomatic and trade relations with Communist China while agreeing to help Taiwan if the Communists attempted a military invasion.

Communist China’s strategy towards peaceful reunification with Taiwan has been unlimited allurement: offer Taiwanese businessmen a free hand in investing in China, offer Taiwan students places in Mainland universities, offer Taiwanese airlines flying rights etc. The Taiwanese see their giant ominous neighbour offering such allurements on one hand and threatening a missile attack and invasion and occupation on the other, as if they are animals who will respond to the carrots and sticks of behaviourism.

Taiwan in recent decades has seen its own history and future much more clearly than it sees the Communists being able to see theirs. A marriage can hardly occur or be stable when the self-knowledge of one party greatly exceeds the self-knowledge of the other. It is thus no wonder that the Taiwan-China talks get stalled or retrogress, as the root problem has failed to be addressed which has to do with the political legitimacy of a combined regime.

Political China consisted historically of the agricultural plains and river-valleys of “China Proper” and the arid sparsely populated mountainous periphery of Inner Mongolia, Tibet and Sinkiang. The native people of Formosa (Taiwan) had their own unique character distinct from the Mainland until 1949 when Chiang Kaishek’s Kuomintang moved there after being defeated by Mao Zedong’s Communists.

Today the Hong Kong Model of “One Country Two Systems” can be generalized to “One Commonwealth/ Confederation of China, Six Systems”, whose constituents would be Mainland China, Chinese Taipei (Taiwan), Chinese Hong Kong, Tibet, Sinkiang and Inner Mongolia. A difference between a commonwealth and a confederation is that a commonwealth permits different heads of state whereas a confederation would have one head of state, who, in view of Mainland China’s predominance, could be agreed upon to be from there permanently.

Taiwan is the key to the peaceful creation of such a Chinese commonwealth or confederation, and Taiwan may certainly agree to “reunification” on such a pattern on one key condition ~ the abolition of totalitarian Communist one-party rule on the Mainland.

The CPC’s parent party was the Russian Social Democratic Labour Party which became the Bolshevik Party which became the All-Union Communist Party in 1925. This still exists today but to its great credit it agreed sixteen years ago, more or less voluntarily, to abandon totalitarian power and bring in constitutional democracy in the former USSR. East European Communist Parties did the same, mostly transforming themselves back to becoming Social Democrat or Labour Parties ~ so much so that Germany’s present elected head of government is a former East German.

Hearts and minds

Mainland China must follow a similar path if it wishes to win the hearts and minds and political loyalties of all Chinese people and form a genuine confederation ~ which means the CPC must lead the way towards its own peaceful dissolution and transformation.

Historically, China’s people followed an admixture of three non-theistic religious cultures, namely, Buddhism, Confucianism and Taoism, individually choosing whichever aspects of each that they wished to see in their daily lives. Lamaist Buddhism governed Tibet and Mongolia and deeply affected parts of Mainland China too. China’s theists include the Uighurs of Sinkiang who were and remain devout Muslims, as well as the many Catholics and other Christians since the first Jesuits arrived five hundred years ago. Sun Yatsen himself was a Christian. Marx, Engels, Stalin, Mao and even Deng have never really been able to substitute as a satisfactory new Chinese pantheon.

A free multi-party democracy in Mainland China, flying the Republican or some combined flag and tracing its origin to the 1911 Revolution, even one in which Communists won legitimate political power through free elections (as has been seen in India’s States), would earn the genuine respect of the world, and be able to confidently lead a new Chinese Confederation. The Chinese people who have been often forced against their will to resettle in Tibet and Sinkiang under the present totalitarian regime would be free to move or stay just as there are many Russians in Ukraine or Kazakhstan today. And of course the Dalai Lama would be able to return home in peace after half a century in exile. Freedom is the road to the peaceful resolution of China’s problems. Let freedom ring.

China’s India Aggression

China’s India Aggression

 

 

German Historians Discover Logic Behind Communist Military Strategy

 

 

by

 

 

Subroto Roy

 

 

First published in The Statesman, Editorial Page Special Article, Nov 5 2007

 

 

 

There are four main aspects to the China-Tibet-India problem over the last century, some of which are only now becoming apparent. The first is historical prior to the 1949 Communist takeover, in which the British, Tibetans and Kuomintang were participants in background discussion and events. The second is historical too, namely, the appeasement by Nehru and his diplomats of the Mao-Zhou Communists and betrayal of normal Tibetan and Indian interests in the period 1949-1959. The third is political, to do with reaction, confusion and conflict among Indian Communists leading to the CPI/CPI-M split in response to Communist attacks upon Tibet and India. The fourth is military, to do with the 1962 war itself, the nature of the surprise Chinese attack and Indian defeat.

 

 

 

 

Chinese claims

 

A 1954 Beijing publication not only claimed Tibet but alleged vast areas of Asia to be Chinese: Ladakh, Nepal, Sikkim, Bhutan, NEFA (Arunachal), Assam, the Andaman Islands, Burma (Myanmar), Malaya, Singapore, Thailand, Indo-China, the Sulu Islands, the Ryukyus, Korea, Formosa (Taiwan), the whole of East Turkestan (Sinkiang), Kazakhstan, Siberia west of the Amur River, maritime provinces east of the Amur down to Vladivostok, and Sakhalin (viz., Coral Bell in FS Northedge (ed) Foreign Policies of the Powers, 1973).

 

 

America’s CIA reported in a secret 1962 analysis, declassified in May 2007, that the Left faction of India’s Communists had been repeating what Mao Zedong said to Ajoy Ghosh: “that Tibet, Sikkim, Bhutan, and NEFA are provinces peopled by the same race, that China had a historic right to these territories, that the McMahon line was not valid, and that the Indian government’s raising of ‘the bogey of Chinese aggression’ had resulted from its realisation that Nepal, Sikkim, Bhutan and India would be deeply affected by the social and economic revolution in Tibet” (CIA The Indian Communist Party and the Sino-Soviet Dispute, Feb 1962, page 76). Referring to Chinese designs on Mongolia, Kruschev’s USSR condemned its fellow-Communists: “… The true schemes of the Chinese leaders (are) obvious. They are permeated through and through with great-power chauvinism and hegemonism”, Pravda 2 Sep 1964, quoted by Bell, op.cit.

 

 

China’s 1962 India war was rationally consistent with carrying out precisely such an expansionist policy in Sinkiang and Tibet. As the German historians Hermann Kulke and Dietmar Rothermund have stated most succinctly, the NEFA conflict was merely a deliberate diversionary tactic which has worked brilliantly for decades:

 

 

“The consolidation of the Chinese hold on Tibet, as well as on other areas of Central Asia… (required military infrastructure) to maintain it and a ring road was constructed which led from China to Tibet and from there via the Karakorum Range to Sinkiang and Mongolia and then back to China. At a crucial point some Indian territory (Aksai Chin) obstructed this connection. Beyond Aksai Chin was the terrible desert, Takla Makan, which was a major obstacle. Faced with the dilemma of violating Indian territory or getting stuck in the desert, the Chinese opted for the first course and quietly built a road through Aksai Chin. In the meantime, they provoked incidents on the northeastern border so as to divert attention from their real aims. They also published maps which showed the border in Assam at the foot of the mountains rather than on the watershed. The watershed line had been settled by the McMahon border commission, which had also included a Chinese delegate who initialled the protocol, although it was not subsequently ratified by the Chinese government. Actually, there was no disagreement about the watershed line at that time when debate was focused on a different line, supposed to divide Tibet into an Inner and Outer Tibet on the same pattern as Inner and Outer Mongolia. Inner Tibet was to be under Chinese influence and Outer Tibet under British influence. But Communist China made use of the fact that the agreement had not been ratified and accused India of clinging to the imperialist heritage with regard to the Himalayan boundary. This harping on the legal position in the northeast was a tactical move made in order to build up a bargaining position with regard to Aksai Chin where the Chinese could not raise similar claims… Finally, a border war broke out in October 1962. It was a typical demonstration war conducted with great finesse by the Chinese. They completely perplexed the Indian generals by pushing a whole division through the mountains down to the valley of Assam and withdrawing it again as quickly as it had come. The Indian strategic concept of defending the Himalayan boundary by cutting off the supply lines of the enemy if it ventured too far beyond the border could not be put into operation: the Chinese were gone before the supply lines could be cut. But why did they do this? They wanted to divert attention from their moves in the northwest, where they did reach the Karakorum Pass in a swift offensive and did not withdraw as they had done in the east.” (History of India, 1998, pp 321-322).

 

 

Chinese casualties were some 1,460 dead, 1,697 wounded, Indian casualties some 3,128 dead, 3,968 captured, 548 wounded, each as reported by itself. JK Galbraith, the friendliest and fairest observer India may have hoped for, found our Army populated by “tragically old-fashioned” peacetime generals full of bluster, while brave soldiers under them remained woefully ill-equipped and came to be outgunned and out-manoeuvred.

 

 

Mao Zedong’s racist reference to the people populating NEFA being of Chinese origin was misguided, even nonsensical. On such a basis, China might claim Japan or Korea next, as might West Africa claim sovereignty over North and South American blacks or Mongolia over Turks and Afghans. NEFA’s five administrative divisions ~ Kameng, Subansiri, Siang, Lohit and Tirap ~ are populated by indigenous animistic tribes including the Momba, Mishmi, Abor, Miri, Dafla and Aka, each with defined areas. The 1883 Survey of India showed these areas administered de facto by British India from Assam. The 1908 Edinburgh Geographical Institute’s map by JG Bartholomew showed most of the same to be part of Bhutan, a British Indian protectorate, as did earlier 18th Century maps.

 

 

 

Less than legitimate

 

 

Communist China’s claims of sovereignty over NEFA (Arunachal) in any case derive from its claims of sovereignty over Tibet. Britain, India and other nations guided by international law have allowed that Lhasa, though long independent, may acknowledge Chinese suzerainty ~ but only subject to the condition of traditional autonomy. The 1907 Anglo-Russian Treaty stipulated Tibet would be dealt with officially through China, leading to the Henry McMahon Commission of 1914 which followed the normal international cartographic practise of the watershed defining the boundary in NEFA. That came to be generally followed by British and Indian maps of NEFA since. The CIA’s official 1959 map of the region concurred and the United States Government explicitly instructed Galbraith, its New Delhi Ambassador during the 1962 war, that the American position was the same as the British and Indian. There appears to be no record of any serious Chinese cartography of the region ever ~ Chinese maps prior to 1935 agreeing with the British Indian position but disputing it afterwards, placing Tibet’s boundary along the margin of the Assam plain. China was ravaged by war, civil war and revolutionary excesses during much of the 20th Century and hardly had well-preserved national archives at a time when its own capital and central government was changing several times.

 

 

China’s Communists, being themselves in political power for decades somewhat less than legitimately as a one-party dictatorship, have been loath to admit all such inconvenient facts, and instead continue in their hegemonic mode. A new liberal democratic China guided by law on the Taiwan pattern may have to be awaited before this conflict comes to be resolved.

 

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

 

 

India-USA interests: Elements of a serious Indian foreign policy (2007)

India-USA interests: Elements of a serious Indian foreign policy

by

Subroto Roy

First published in The Statesman, Editorial Page Special Article, Oct 30 2007

If there is a “natural alliance” between India and the United States, it arises to the extent that both are large democracies and more or less free societies that happen to be placed half way across the globe and pose no perceptible military threat to one another. The real long-term strategic and political dimensions of such an alliance are quite independent of the business interests driving the “nuclear deal” or selfish interests of the few million “elite” Indians who have fled to the USA as immigrants in recent decades. The interests of Indian immigrants in the USA and interests of the vast masses in India are, after all, quite distinct. Also, America derives most if its own energy not from nuclear reactors but from abundant hydroelectric resources. If the nuclear deal has been ill-conceived and fails in implementation at any stage, India will not import expensive nuclear reactors but can still learn much from the USA in developing hydroelectric power which constitutes India’s greatest energy potential as well.

 

China and Pakistan

Key strategic interests of India and the USA are fully convergent in East Asia, especially in respect of Communist China. But in West Asia, American attitudes and actions towards the Muslim world, specifically the invasion and occupation of Iraq and now a possible assault on Iran, have been deeply disconcerting for India which has some 120 million Muslim citizens.

It is not a coincidence that Pakistan, an overtly religious Muslim state, has had a marriage of convenience with Communist China, an overtly atheistic anti-religious state. Both have been militarist dictatorships that have seen democratic India as a strategic adversary, especially over territorial claims. It was Pakistan that facilitated President Nixon’s desired opening to Communist China and later permitted President Reagan’s attack on the soft underbelly of the USSR in the Afghan civil war (an attack in which China participated too). With the USSR’s collapse, the USA removed its main strategic adversary only to be left with two new adversaries: Islamic fundamentalism in the short run and China in the long run!

Indian diplomacy can credit a rare (indeed exceptional) success in having warned the USA from the early 1990s onwards of the dangers brewing in the jihadist camps in Pakistan sponsored by the ISI. The US Government has now declassified its assessments of those dangers and what it tried to do as early as 1995 and as late as 2000 through the Saudis with the Taliban’s Mullah Omar ~ who refused to hand over Osama Bin Laden to Saudi Arabia and openly spoke of plans for revenge against American interests. With a continuing Cold-War mindset, US policy-makers thought state-actors like Saddam Hussein were a graver risk to Israel than non-state or  pan-state actors like Osama could be to the American mainland. Having distracted itself with Saddam, the US Government’s response to Osama has been far too much far too late ~ the maddened bull chasing the matador’s cape, in Stephen Holmes’s recent metaphor.

Pakistan’s consistent motivation was one of gaining advantage with the Americans in the hope of undermining India, and indeed the nexus created in Washington by Pakistan’s bureaucrats, politicians and military over decades has been the envy of all lobbyists. But Pakistan overplayed its hand, and once the 9/11 genie was let out of the bottle it could not be put back in again. Meanwhile, Pakistan allowing Gwadar port to become a haven for China’s Navy would have obvious new strategic repercussions.

American interests in West Asia are to protect Israel, to protect trade-routes and to defend against non-state or pan-state terrorism. American interests in East Asia are to protect Japan, South Korea and Taiwan from communist attack, to protect trade-routes and to defend against new terrorism arising from places like Indonesia or the  Philippines. All American interests in Asia would be facilitated by appearance of genuine multiparty democracy and free societies in China and Pakistan.

China as a two-party or multi-party democracy and a free society, even on the Taiwan-model, is unlikely to be an expansionist militarist aggressor in the way it has been as a dictatorship and unfree society. Communist China in the early 21st Century makes the same outrageous unlawful claims on Indian territory as it did half a century ago. Only the USA came to India’s assistance in a tangible way when Communist China attacked in Ladakh and Arunachal in the late months of 1962. John Kenneth Galbraith was President Kennedy’s Ambassador in New Delhi and his memoirs tell the tale of the landings of C-130 aircraft in Kolkata carrying infantry weapons, light artillery and quartermaster stores for the beleaguered Indian Army in Tezpur and Leh.

 scan0010

Nehru, Krishna Menon and India’s whole political and diplomatic leadership revealed gross incompetence as did the Army’s top brass. Indian Communists virtually betrayed the country. The Chinese massed in the Chumbi Valley near Nathu La, and had they attacked all the way to Siliguri, India’s North East would have been cut off. As a demonstration, the Chinese in division strength took and held the whole of Arunachal for a month, withdrawing before there could be anyIndian attempt to retaliate or cut supply lines. The geography has not changed in fifty years. What can yet change is the ideology, away from the communism that has ruined China’s great people, to a new and bold commitment to liberal democracy and the Rule of Law.

As for Pakistan, its people under crude military rule have hardly allowed themselves to become the source of Muslim culture that Iqbal had dreamt of. Pakistan today is not a place even the most ardent pro-Pakistani person in Jammu & Kashmir can find very appealing or inspiring. If there was multiparty democracy and a free society in which the military had a normal small role of defence (as opposed to a large purportedly offensive role against India), Pakistan could calm down from its neuroses and become a normal country for the first time~ one in which the so-called “extremists” of today are transformed into a politically legitimate religious conservatism, who could seek to take power responsibly through the ballot box.

Neutrality

India should be a friendly neutral in the conflict between the West and Muslim world, doing whatever we can to bring better understanding between the two sides. Both have been invaders in Indian history, bringing both evil and good in their wake. India’s culture absorbed and assimilated their influences and became more resilient as a consequence. India also was a haven for Jews and Zoroastrians fleeing persecution. India as a country must condemn fanatical terrorist attacks on the West and bizarre reactionary attempts to return to a caliphate in the world of modern science. Equally, India must condemn vicious racist bombing and warfare unleashed by technologically advanced countries upon ancient societies and cultures struggling to enter the modern world in their own way.

As for the central issue of Israel in Palestine, Martin Buber (1878-1965), the eminent Zionist scholar and philosopher of Judaism, said to Rabindranath Tagore in 1926 that the Jewish purpose should be one of “pursuing the settlement effort in Palestine in agreement, nay, alliance with the peoples of the East, so as to erect with them together a great federative structure, which might learn and receive from the West whatever positive aims and means might be learnt and received from it, without, however, succumbing to the influence of its inner disarray and aimlessness.” If India could guide the region towards such a “great federative structure” of reason and tranquillity, while encouraging democracy in China and Pakistan, the aim of our “natural alliance” with the United States half way across the globe would have been fulfilled.

see also

https://independentindian.com/2006/01/31/diplomatic-wisdom/

https://independentindian.com/2006/10/09/new-foreign-policy-kiss-up-kick-down/
https://independentindian.com/2006/06/05/pakistans-allies/

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

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

https://independentindian.com/2007/08/19/to-clarity-from-confusion-on-indo-us-nuclear-deal/

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

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

Iran, America, Iraq: Bush’s post-Saddam Saddamism — one flip-flop too many?

Iran, America, Iraq: Bush’s post-Saddam Saddamism — one flip-flop too many?

by Subroto Roy

First published in The Statesman, Editorial Page, October 16 2007

All cultures generally, and Eastern cultures invariably, require utmost politeness towards an invited guest.The behaviour of the President of New York’s ColumbiaUniversity on 24 September was thus inexplicable when he gratuitously insulted his guest Mahmoud Ahmadinejad, President of Iran, even before allowing him to deliver the speech he had been invited to give at the university.Iran’s President has become the new hate-figure of choice in the popular American media ever since 2005 when he was mistranslated as having said he wished Israel “wiped off the map”.He has chosen to contribute to his own predicament by seeming to associate with and encourage those known as “Holocaust-deniers” – people who stretch from those who deny any systematic mass-murder took place of Jews by Nazi Europe to those who want evidence for the number of six million such victims that has passed into school textbooks.

Attack plan

Modern Iran’s foreign policy should not have come to depend on the precise history of the atrocities against Jews by Christendom over the centuries. But that is what President Ahmadinejad has now, rather ineptly, made it depend on, jeopardising the lives of tens of thousands of his fellow-citizens from destruction caused by a massive and unlawful American, British, Israeli and possibly French attack. He has been quite needlessly provocative enough to allow himself to be painted by the American popular media, unscrupulous and unthinking as that can be, as some kind of Hitler-figure who plans some day to use nuclear bombs on Israel. Iran has been plaintively pleading in official circles that it wishes to use nuclear-power generated electricity at home while exporting its petroleum, that it has a right to do so as a member in good standing of the Non-Proliferation Treaty, and that it has neither wish nor capacity to develop nuclear bombs. But no matter the merits of its position with the IAEA, Iran has succeeded in isolating itself and seems to have almost no official allies on the world’s stage (though China, Russia, Royal Dutch Shell etc all have large investments there!).

The US has detailed contingency plans to attack Iran though no American official or military officer has admitted or stated that any such intention exists. The outlines are an open secret. There would be sudden massive bombing of Iran’s military and general infrastructure, including its assumed nuclear installations. US Marines would make seaborne assaults on Iranian islands to prevent Iran from mining or closing the Straits of Hormuz or from attacking American bases or interests in the Gulf. US Army forces based in Iraq would launch massive long-range artillery and rocket attacks preventing Iranian ground forces attempting to manoeuvre or approach them. There may be an amphibious Anglo-American attack from the Caspian Sea towards Tehran. “Special Forces” by way of spies, saboteurs and agents provocateur would have already been placed within Iran to help targeting and other war-aims.

One aim would be to permanently cripple Iran’s nuclear industry.A second aim would be “regime change” though without any attempt at a large-scale ground occupation of Iran which is recognised as impossible to achieve.The more extreme members of the Bush Administration led by Vice President Cheney aim to see Iran becoming a “failed state”, reversing whatever has taken place by way of nation-building, leaving an emasculated Iran, like an emasculated Iraq, that poses no threat to Israel for the next century and more.

The traditional Christian ethics of a just war are planned to be practically ignored by the United States, and there would not be any formal declaration of war. America’s people either have barely heard of Iran as a place on the map and will mostly continue with their usual lives, or have no idea of the intricacies of the US-Iran relationship in the last 80 years, or have no wish to support their Government machinery’s intent to go to war but have no control over its behaviour.

Three factors have held back an American attack though forces apparently can be made ready within days if not hours of a Presidential order. One has been top military officers, including Admiral Fallon, the head of US Central Command, who have said that Iran’s attempted retaliation on the ground could jeopardize 160,000 US troops now in more than a dozen bases spread across Iraq (besides Israel being threatened by Iran’s Hezbollah ally in Lebanon). A second factor has been the American Jewish community, who have apparently warned that a large bloody counterproductive war against Iran may have negative repercussions on their standing in American society. A third factor has been America’s foreign ministry which knows enough international law, politics and history to realise such aggression would be wholly unlawful, widely condemned by the world, and return the international system to the pre-1914 days of an imperialist free-for-all or destroy it altogether. The UN system would permanently end, and all methods and precedents of international cooperation, law and diplomacy would have been rendered irrelevant and deserving only to be flushed away and forgotten. The UN today seems to be led by an incompetent unknown who will produce even less of a squeak in protest than did his predecessor. Imperialism and Colonialism would return formally except in an age of advanced technology in which some nations have a right and ability to use nuclear weapons in pursuing dominance. The Geneva Conventions and even a medieval right like habeas corpus have already seen breaches; the Vienna Convention and other similar treaties and norms would all be effectively over.The international retrogression may be not merely back to 1914 or 1907 but to the tumult and savagery of Napoleon’s wars which ended with the Congress of Vienna in 1815.

Political plan

War-planning aside, what is most interesting is that in recent months the USA has apparently gone back to developing, as an alternative, something like Saddam Hussein’s own strategy for containing Iranian influence! Iraq’s Anbar province sits on vast oil reserves which are not going to be pumped as that would lower the price of oil from its current high near $83 a barrel. It is a Sunni-majority area which has now made its Shias refugees, just as Shia-dominated areas of Baghdad have seen forced evictions of Sunnis. The Sunni tribal chiefs of Anbar are now having their loyalty purchased by the Americans just as Saddam had once done, especially by playing an anti-Iran card as Iran is a common enemy. At the same time, the Bush Administration is hard-pressed to try to persuade Iraq’s Shia majority to resist what might seem the inevitability of Iranian hegemony — which can only be done by reminding them of their Arab anti-Persian roots again just as Saddam had tried to do. Anglo-American policy once was to build up the Arabs against the Turks, then the Pehlavis against the Arabs, then Saddam against the Ayatollahs who had toppled the Pehlavis. Saddam himself was then toppled and killed and now post-Saddam Iraq is being built up against an Islamic Iran that may be struggling in its own way to enter the modern world. Perhaps the 2003 invasion of Iraq has been one flip-flop too many for the USA and UK to cope with over the last century.

Saving Pakistan: A Physicist/Political Philosopher May Represent Iqbal’s “Spirit of Modern Times”

Saving Pakistan: A Physicist/Political Philosopher May Represent Iqbal’s “Spirit of Modern Times”

by Subroto Roy

First published in The Statesman, Editorial Page Special Article, August 13 2007,

Pakistan’s Nobel winning particle physicist Abdus Salam (1926-1996) was, like Pakistan’s most eminent jurist Zafrullah Khan (1893-1985), treated badly by his country and compatriots merely because of his religious beliefs as an Ahmadiya/Qadiani. This itself may be an adequate reason for secular thinking when it comes to identifying Pakistan’s or any country’s interests. Pakistan has had eminent poets and writers but there have been no dedicated first-rate technical economists ~ and no serious political philosophers other than, recently, Pervez Hoodbhoy who is a physicist. Most political economy by Pakistanis about Pakistan has tended to be at the level of World Bank bureaucratic reports or traveller’s tales, which have their uses but hardly amount to profound insight or significant scholarship. (We in India also have had numerous minor World Bank/UN bureaucrats, with or without PhDs about anything, passing themselves off as experts on India’s political economy.)

Yet during Pakistan’s present national crisis (and Pakistan has continually faced crises ever since 1947) people must go back to first principles of political economy and ask questions like “Who are we?”; “What are we doing to ourselves?”; “What is our future?” etc ~ questions about national identity and national viability and national purpose.

Abu Dhabi Pact

On 29-30 July, a deal was reportedly struck in Abu Dhabi after a secret face-to-face meeting between Pervez Musharraf and Benazir Bhutto: he would stay on as President for five years, she would be PM and Head of Government, have prosecutions against her dropped and get back her enormous frozen wealth. Such would be the intended outcome of the long-touted return to fair competitive elections later this year. The deal was brokered by British, American, Saudi and other go-betweens outside Pakistan, and is an overt way of keeping Musharraf in power while also seeming to allow a large concession by way of the return of a purported symbol of democracy like Benazir.

But Benazir seems out of touch with reality. When she returned two decades ago as a young unmarried woman confronting General Zia ul-Haq, she was a genuine popular hero. Her father’s judicial execution at Zia’s hands was still fresh in public memory, and Zulfiqar Ali Bhutto, no matter how misguided his ideologies, had some makings of a serious modern Pakistani nationalist politician.

Benazir as a middle aged matron is not her father and has lost almost all political credibility with her flip-flopping opportunism, and is now seen merely as a face agreeable to the West. Her good looks were discussed on American TV by the comedian Bill Maher while Musharraf’s publicity agent had him sharing jokes on a rival TV comedy – however, American TV audiences are or should not be a Pakistani constituency.

Benazir also forgets that Zia had set up Nawaz Sharif as an ally of the Pakistan military against her own populism in the late 1980s, just as she is being set up now as an ally of the same military against people like Sharif, Javed Hashmi, Maulana Fazlur Rahman and Imran Khan. Musharraf overthrew Sharif and jailed Hashmi and they are his declared foes; the other two have expressed opinions hostile to Western military presence in Pakistan and Afghanistan. The Maulana made a nationalistic overture towards India, while Imran has openly praised Indian democracy despite its faults. But Indian foreign policy has not responded and seems under manifest influence of the Western powers ~ had we felt and thought with genuine independence we could have, for example, easily declared and implemented large-scale humanitarian food-aid from the FCI’s wheat-stocks for the people of Afghanistan and Iraq as was suggested in these pages a year ago.

A Musharraf-Benazir alliance is hardly destined to save Pakistan and will be no more than a cynical example of short-term opportunism: we in India can expect them to use J&K as traditional rhetorical camouflage for their own continuing misgovernance and corruption. As in Iraq, Palestine and Afghanistan, the Western powers face the dilemma that any government they support in Pakistan will be perceived as lacking legitimacy while a genuine hands-off policy could result in legitimate popular governments which seem to Western Governments beyond their control and hence seemingly adverse to Western interests.

The West has long ill-understood Pakistan, partly because it has seen Pakistan merely to be used as a source of convenient military manpower and real-estate for itself as and when necessary. American diplomats were reporting as early as November 1951 that Maulana Maududi’s Jamaat were hostile to the “evils” of Western materialism which they wanted to “do away with root and branch” in the country. In January 1976, American diplomats were reporting Pakistan’s “crash program to develop nuclear weapons”, and by June 1983 that Pakistan was close to nuclear test capability, intended to deter aggression by India “which remains Pakistan’s greatest security concern”. For Islamic revivalism to coincide with nuclear weapons in the last decade has been something long-predictable if there had been adequate will to do so.

Right wing politicians and religious fundamentalists have come to power in countries with nuclear weapons without untoward results, e.g., Likud in Israel or the BJP/RSS in India. (It is America’s present leaders, as well as all main Democrat and Republican presidential candidates except Ron Paul, who have unilaterally threatened nuclear attacks on a non-nuclear country that has not committed aggression against anyone.) There is no obvious reason why an elected legitimate “conservative” or right wing government in Pakistan must come to pose a special nuclear danger to anyone. If it is serious about governance (which Musharraf-Benazir may not be), it may even succeed in finding enough sobriety and political honesty to start to face up to Pakistan’s real economic and social problems which are vast in size and scope.

Wali Allah vs Iqbal

“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,” said Wali Allah (1703-1762). Two centuries later, Mohammad Iqbal (1877-1938), in his 1930 Presidential Speech to the Muslim League in Allahabad conceptualising today’s Pakistan, wished precisely to become free of 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.”

That “spirit of modern times” is today represented most prominently in Pakistan by 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.” And he has spoken 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. We shall witness a most engaging battle if Benazir and her new military friends all representing the jaded and corrupt old political power structures, come to face in the elections a new conservative alliance of people like Sharif, Hashmi, Fazlur Rahman and Imran all infused with Hoodbhoy’s scientific liberalism representing Iqbal’s ”spirit of modern times”.

America’s Pakistan-India Policy

US Pak-India Policy
Delhi & Islamabad Still Look West In Defining Their Relationship

First published in The Statesman, Editorial Page Special Article,

July 27, 2007

By Subroto Roy

“Balance of power” between other nations while pursuing one’s own commercial and political self-interest, was the leitmotif of British foreign policy throughout the 19th Century and up until World War I. This came to be broadly absorbed and imitated by US foreign policy-makers afterwards. It remains the clear leitmotif of US policy between and towards Pakistan and India in recent years, especially since the 9/11 attacks on New York and Washington. Pakistan’s armed forces have been induced through the usual incentives of modern weapons like F-16s, comfortable officer-visits to US military academies, and hard cash to behave cooperatively with perceived American objectives.

Osama bin Laden
For some bizarre and unknown reason (though it might be as simple as ignorance and thoughtlessness), the USA has made itself believe that arch-enemy Osama bin Laden has remained in the Pashtun areas ever since the American attack took place on the-then Taliban Government in late 2001. The Taliban’s leader Mullah Omar certainly remained there or in Balochistan, but anyone who recalls the reported last conversation between Omar and Osama at the time may well have surmised that Osama was planning a long and permanent trip away from Afghanistan and Pakistan. The present author’s own speculation has been that Osama bin Laden probably moved westwards and has been in a safe and comfortable hideout somewhere in the deserts of North Africa ~ while everyone continues to frantically and ridiculously look for him very far away from where he is.

American policy towards Pakistan has been determined by the parameters of the new policy towards Afghanistan ~ which has been to prop up the Hamid Karzai Government in the hope a pro-American “moderate” “modern” Pashtun like Mr Karzai might one day become a constructive role model for all other Pashtuns, while NATO extends itself “pacifying” any new Pashtun insurgency and attacking poppy-crops on the pattern of the anti-narcotics war in Colombia, and US “Special Forces” continue to look for Osama and friends. Pakistan’s Musharraf has been expected to play along with this, and, in order for him to release and transfer some 80,000 soldiers towards that end, India has been requested not to give him a reason not to want to do so.

General Musharraf was one of the major beneficiaries of the officer-exchange programmes between the US and Pakistan militaries in the past. Like Benazir Bhutto, he is a “known” quantity, well-understood and hence rendered predictable by the American military and diplomatic establishment. Both are also explained and advocated for by their go-betweens, the extremely influential Pakistani bureaucrats within the Washington Beltway and their K-Street lobbyists. Musharraf’s departure to a nice retirement/exile in the USA helped by royalties from his book etc as well as his already-exported son, presumably constitutes a well-planned exit strategy for him personally.

The American problem is that Musharraf may be among the last if not the last of such pliable old-style Pakistani generals ~ the officer-exchange programmes came to slow down or end after the USA pulled out following the defeat of the USSR in Afghanistan, and at the same time Zia ul-Haq had initiated an overt Islamisation of younger officers of the Pakistan military. With such a level of uncertainty as to where the post-Musharraf Pakistan military can or would take itself (along with the country and its nuclear weapons), the only strategy has been to buy them out.

In the current Foreign Affairs, Daniel Markey of the US State Department and Council on Foreign Relations says as much (amid the usual little rhetoric about supporting Pakistani democracy): “Washington must win the trust and confidence of Pakistan’s army. This goal can only be achieved through closer working relationships and tangible investments that lock the United States into a long-term commitment to the region” (italics added).

If American policy towards Pakistan has been to pay to pacify Pakistan’s unpredictable nuclear-armed military, the policy towards India has been one of business, business, and more business. The “US-India Business Council” is merely an official Washington lobbyist protecting American business interests in India such as getting the Governments of India and Maharashtra to pay several hundred million dollars over the Dabhol-Enron fiasco. Yet that is where senior Indian politicians, like the Finance and Commerce Ministers, feel the need to routinely visit on pilgrimage if only to be made to feel important while in the USA. Even Dr Manmohan Singh felt the need to send a personal emissary to gift Condoleeza Rice a basket of Indian mangoes not at her office in the US State Department but when she was addressing a closed-door meeting of that business-lobbyist.

Certainly in case of the so-called “nuclear deal”, there is a political motivation on the American side that India must be prevented from conducting future nuclear explosions, although this may be something mostly symbolic as US intelligence agencies had notoriously failed to predict Pokhran I and Pokhran II. And there is doubtless some reliance that the Indian side to the negotiations has not really properly understood the intricacies of the American political and administrative system, e.g. the insignificance of a Presidential “signing statement”. Hence, if the deal goes through as seems likely now, it will certainly indicate the American side is more than comfortable that if a future Indian Government does not do what the US-side has intended in the nuclear deal (whether or not the Indian negotiators have understood that now), a future US Congress and President will be able to reverse the deal without too much difficulty.

What has mainly driven the deal on the American side is the prospect of very large nuclear business ~ specifically, that India will import six to eight American lightwater reactors. As I have said before in these pages, India’s national energy outlook will barely improve through the nuclear deal (given the miniscule size of the nuclear sector compared to coal and hydro), though a few favoured metros, and Delhi for sure, may see improvement after a decade or two when and if these expensive nuclear reactors become operational.

Short-sightedness
The short-sightedness and indeed sheer imbecility of Indian and Pakistani foreign policy is made clear by the fact we are unable to properly communicate with one another about our common interests as neighbouring countries with the same history and geography except through Washington. The elites of both countries have either fled already or would like to flee or at least travel to the USA to visit their exported adult children as often as possible. It is not dissimilar to our imperial relationship with Britain, where Indians had to travel to London to have their Round Table Conference, England being of course a place of national pilgrimage as the USA has now become. The result is not merely that the militaries and polities of Pakistan and India have wasted vast immeasurable resources in struggles against one another and continue to do so, but also and as importantly, have failed to define robust national identities after six decades.

 

Has America Lost? War Doctrines of Kutusov vs Clausewitz May Help Explain Iraq War

Has America Lost?
War Doctrines Of Kutusov vs Clausewitz May Help Explain Iraq War

First published in The Statesman, Editorial Page, Special Article, July 3 2007, http://www.thestatesman.net

By Subroto Roy

Has the United States lost the war in Iraq? How would we tell if it has or not? If American commanding officers of general rank, once they go into retirement, say the Iraq war is lost or if the vast majority of the American people say it is not worth fighting, does that mean the USA has lost? When someone loses someone else wins ~ there are no “draws” or runners-up in war. If America has lost, does that mean Saddam won? How can a man who was hanged in sight of the whole world win a war from beyond his grave? It is all very strange in this most abominable of all wars.

Battle of Borodino

In the Battle of Borodino in 1812, the Russians under Marshall Mikhail Kutusov withdrew and the French held the field of battle at end of day ~ the single bloodiest day of warfare in modern times with between 66,500 and 125,000 casualties including several dozen generals. Though the French won, it signalled the end of French power and fall of Napoleon. Borodino was a Pyrrhic victory.

Marshall Kutusov, against his generals’ advice, and courting extreme unpopularity with St Petersburg, continued to withdraw after Borodino and declined to give battle to defend Moscow itself. His remaining forces and most of the civilian population withdrew beyond Moscow. The city was emptied and allowed to burn. The French took it without a fight, Napoleon entered and tried to feel himself its ruler, his generals tried to create a cooperative local government from among the remaining residents.

Kutusov waited, waited and waited some more without giving battle. Then one day, some months later, just as Kutusov had been praying, news came that Napoleon and the French had gotten up and left. Napoleon’s retreat was the biggest catastrophe his Grande Armée suffered, and they were harassed by Russian attacks all the way to the border.

Saddam was reported to have had two Russian generals advising his army, who quietly left before the Anglo-American attack occurred. Russian generals learn about Kutusov on mother’s knee. Even Stalin invoked Kutusov’s name when his 1939 pact with Hitler had failed and Hitler attacked Russia on 22 June 1941. (Iraq had both Nazi and Soviet influences: Stalin tried to appease Hitler in June 1941 by recognising the then pro-Nazi Government of Iraq.)

Saddam’s propaganda spokesmen in the early stages of the March 2003 invasion alluded to a Kutusov-like defensive doctrine: “the US and British administrations have depended on their strategy and planning based on the information obtained from the traitors, whom they call opposition, and from some intelligence services of some Arab countries…. They said: ‘Let some missiles be fired for the maximum of three days and then everything would be over.’ Therefore, we find them in a state of confusion. They prevent the media from having access to the facts about the military operations under security pretexts. They say that they are heading towards Baghdad and that they covered more than 160 or 180 km towards Baghdad. I would like to tell them, that in the course that they are following, let them continue up to 300 km and let them mobilise all the tanks and marines they have, and we will not clash with them soon. We will give them enough time. However, in any contact with any Iraqi village or city, they will find what they are now witnessing in Umm Qasr and Suq al-Shuyukh.” Iraq’s Army did a vanishing act, men and materials disappeared, Baghdad fell without fighting.

By contrast, the USA has followed textbook doctrines from Baron Clausewitz’s On War ~ a work influenced by Napoleon’s successful campaigns though Clausewitz himself fought at Borodino as part of Kutusov’s armies. Like Napoleon and now the Americans, Clausewitz was unable to reconcile his notion of war as aggression and destruction with his notion of war as a means of politics. Clausewitz’s “Absolute War” is “an act of violence to compel our opponent to fulfil our will…as each side in war tries to dominate the other, there arises a reciprocal action which must escalate to an extreme”. Hence “disarming or destruction of the enemy … or the threat of this…must always be the aim in warfare”. But Clausewitz’s “Real War” sees war as “a political act… an effective political instrument, a continuation of political commerce and a carrying out of this by other means”

What we may have been witnessing ever since the Bush/Blair attack on Iraq is the outcome of a clash between the doctrines of Clausewitz on the American side and Kutusov on the Iraqi/ Russian side.

American forces began with “Shock and Awe”, followed by disbanding Iraq’s Army and banning the Baathists. Then came “Light Footprint” or “War Tourism”, where American forces left their bases only for specific jaunts outside, while attempting to create a new “Iraqi” Army in an American image. Recently, the purported strategy has changed again to “Clear, Hold, Build” requiring the current infantry “surge” of 30,000 extra troops to try to pacify specific Baghdad neighbourhoods and then “build” political institutions.

Thirty years ago, Professor WB Gallie pointed to the contradiction Clausewitz had been unable to reconcile: “All commentators are agreed that Clausewitz’s greatest difficulty was to explain the relationship between (Absolute War and War as a Political Instrument)”, Philosophers of peace and war, Cambridge Univesity Press 1978. War-making as destruction and war-making as politics are incompatible. The cruelties of Iraq may explain and demonstrate the root of this contradiction most clearly: defeated, disarmed and destroyed victims of an Absolute War are hardly going to feel themselves agreeable to then being manipulated into any political institutions or agreements designed by the perpetrators of the violence. You cannot declare “Absolute War” on Fallujah, kill or arrest every able-bodied male citizen there, and then expect Fallujah’s women, children and old people to participate happily in town hall meetings you wish them to hold. “America has lost because it has not behaved like a great nation”, said one ordinary Iraqi initially in favour of Saddam’s overthrow. America’s retired generals are saying Iraq has been America’s greatest strategic defeat.

Resistance

The result of the clash between the two doctrines of war has been 30,000 American casualties (dead and wounded at about 1:8), while Iraqi dead exceed 650,000 with millions more wounded, rendered homeless or made refugees. Future historians may speak of a genocide having occurred in Iraq.

Did Saddam win if the Americans have lost? Of course not. Iraq had its Mir Jafars, and Saddam was at most a Shiraj, not even that given his odious past. Iraq now has its Tippus, Bhagat Singhs and Khudi Rams as well.

“The Resistance is the natural reaction to any occupation. All occupations in history faced a resistance. Occupation is not for developing people and making them better. It is for humiliating people, and chaining them and taking their freedom and fortunes away. These are my convictions which make me feel that this occupation is an insult to me and my people.” Such was what an anonymous Resistance officer told the Australian journalist Michael Ware.

It seems impossible for one nation to govern another in the 21st Century. The cycle of imperialism followed by nationalism and socialism/ communism may merely restart. What Iraq needs urgently is for its Tilaks, Gokhales, Jinnahs, Gandhis, Jawaharlals and Vallabhais to arise, or it may be condemned to extinction and being consumed by its neighbours. As for the United States, its military may find a need to revise its war doctrines.

American Turmoil: A Vice-Presidential Coup — And Now a Grassroots CounterRevolution?

American Turmoil: A Vice-Presidential Coup – And Now a Grassroots CounterRevolution?

First published in

The Statesman, Editorial Page, Special Article June 18 2007

by

Subroto Roy

The Cold War was lost by Soviet and East European communism, and the laurelled victor was the USA along with its loyal allies. Russia and East Europe then transformed themselves. Once there had been Dubcek in the Prague Spring and Sakharov in his apartment. Then there was Lech Walesa the electrician, who, on 14 August 1980, climbed over a fence and led an 18-day strike from which arose the first independent trade union ~ Walesa said “the very basic things: he stood on the shipyard gate and called things by their real names”. Then came Gorbachov and Yeltsin. The despised Berlin Wall was smashed into small saleable bits in November 1989 and people just walked across. That was the end of communism. An unknown student stood down the tanks in Tiananmen Square — though a dozen years earlier the death-watch of Chinese communism had begun with Wei Jingsheng’s “Democracy Wall”. Communist apparatchiks everywhere (except New Delhi and Kolkata) started to unlearn communism; communist societies and economies began to be placed on a road to health and taken off the road to misery.

Winner’s curse

What happened to the victors? Germany quietly unified. Italy’s politics stabilised a little. France achieved its wish of being undominated in Europe. Britain, already forlorn from loss of empire, was left trying to arbitrage between Europe and America (though there too there was new competition from the Irish Republic).

Some political learning, reconciliation and growth took place in Europe but there was none in America ~ the biggest victor of all, the one country but for whose efforts all of Europe might have become and remained communist. Instead, the USA chose to gorge itself on self-accolades, bloated, then started to choke on its own hubris.

The result is that as the 2008 Presidential election campaign gets underway, and the Second Iraq War is at its peak, America’s polity at its highest level may be in turmoil of a sort not seen since the student revolts at the peak of the Vietnam War.

Gerald Ford and Jimmy Carter were an interregnum after the Vietnam and Watergate traumas. It was during the Reagan “restoration” that communism collapsed and Osama bin Laden was befriended. Carter’s military mission to rescue American hostages in Iran notoriously failed; Reagan restored American pride by sending in the US Army’s crack Rangers to defeat an almost non-existent enemy ~ in Grenada. It was the first successful American military action in a long time. But there was also failure in Beirut where Reagan withdrew after 241 US soldiers were killed by a suicide-bomber.

George Bush Sr glided into the Presidency in Reagan’s wake. He felt sure of being re-elected when Saddam’s 1990 invasion of Kuwait gave him a war with which to seal his chances. For his part, Saddam had primly and properly called in the US Ambassador to Iraq, the top career diplomat April Glaspie, and told her he had accounts to settle with Kuwait over the Iran-Iraq war. Glaspie, under instructions of the Bush-Baker State Department, famously told him the USA had no opinion on inter-Arab conflicts. Saddam took this to be a green signal, or at least not a red signal, from America and went ahead with his attack on Kuwait.

The American President worked himself into an angry indignation ~ and soon there were large numbers of American troops in Saudi Arabia, soon Iraq was forced to retreat with thousands slaughtered in a turkey-shoot from the air, soon there would be severe sanctions and bombings by the USA and UK. Bush was sure he would be re-elected in 1992, and indeed he led all the polls ~ except an oddball surprise Ross Perot pulled away his votes, and caused the third man running, a young governor of a minor State, to push through to victory instead. Bill Clinton was as surprised as anyone that he was President of the USA in 1992. Dissimulation and mendacity reached new heights during his time yet he came to be re-elected in 1996.

Osama bin Laden started to rant against his former ally. Remove your troops from our holy land, he said. Clinton and Madelaine (“It’s worth it”) Albright continued to bomb Saddam instead ~ who after all had launched a few backward Scuds at Israel during the First Iraq War of 1991. Somehow or other, Osama and/or someone else then designed the destruction of Manhattan’s tallest buildings on September 11 2001; it remains unclear what projectile hit the Pentagon or exactly what happened over a field in Pennsylvania the same morning. The mass murder of thousands remains unsolved.

America, under Bush’s elder son, attacked Osama’s hosts in Afghanistan (but not so as to upset their common Pakistani friends too much), then turned their really motivated firepower against their old foe, Saddam Hussein. Iraq by the summer of 2003 was destroyed as a nation-state, and today in 2007 under American occupation has been almost wholly destroyed as a culture and a society. The new US Embassy in Baghdad is as large as the Vatican. Fourteen permanent American military bases have been built. The US Government has spoken of moving troops from Saudi Arabia to Iraq, and of being in Iraq for ever on the Korean pattern.

United States history and political culture had never seen a Vice President as being anything more than an invisible silent shadow of the President of the land. That has changed drastically. Indeed in recent months there has been much serious Washington talk of the incumbent Vice President having unlawfully usurped political power from the President himself. Cheney’s people throughout the Bush Administration have been in almost open battle against the official foreign and diplomatic policy of Condoleeza Rice and the professional military represented by the Joint Chiefs of Staff. Before the attack on Iraq they had overturned the CIA’s official intelligence assessments. There is a general perception that Cheney’s people have been far shrewder and more experienced of the Washington Beltway than Bush’s.

Attack on Iran?

Now the central issue has been whether to attack Iran, and if so how and when. Cheney’s people and their think-tank friends are determined America must do so, perhaps with a new Netanyahu Government in Israel early in 2008 or sooner. The President was apparently warned by his generals in December 2006 that such an attack would gravely endanger the supply lines of US troops who would face a Shia insurrection in Iraq; that may have been the sole reason no attack occurred, and also one reason for the present infantry “surge”. Three aircraft carrier battle groups in the Persian Gulf indicate a potential strike, and that level of force has been coming and going from there for months.

The main Democratic Presidential candidates, especially Mrs Clinton, have said nuclear weapons are “not off the table” in reference to striking Iran without provocation. Nine out of ten of the Republican Presidential candidates agree. The exception is Ron Paul who has recognised the United States was not intended by its founders to be launching aggressive nuclear war against non-nuclear countries in the 21st Century. The Reagan-era economist Paul Craig Roberts has said such war will leave America more reviled than Hitler’s Third Reich.

A grassroots democratic counter-revolution could be starting to overturn the elitist coup d’etat that may have occurred in Washington. “People power” beat organised State power in many times and places. Can it win here? Or could there be tanks in Dupont Circle forty years after the tanks in Wenceslas Square?

Modern World History

MODERN WORLD HISTORY

by Subroto Roy

First published in The Sunday Statesman, Editorial Page Special Article May 7 2006

MUCH as we in India might like to think we were the central focus of Britain’s national life in the 19th and 20th Centuries, we were not. India’s matters were handled mostly by a senior cabinet minister to whom the governor-general or viceroy reported. Though possession and control of India gave the British a sense of mission, self-importance and grandeur, and events in India (mostly bad ones) could hog the newspapers for a few days, it was never the case that India dominated Britain’s political consciousness or national agenda for any length of time. British prime ministers and diplomatists, from Pitt through Canning, Palmerston, Peel, Gladstone, Granville, Disraeli and Salisbury, mostly had other concerns of foreign policy, mostly in Europe and also in the Americas, Africa, and the Near and Far East. India was peripheral to their vision except as a place to be held against any encroachment.

A French historian used to begin lectures on British history saying “Messieurs, l’Angleterre est une ile.” (“Gentlemen, Britain is an island.”) The period of unambiguous British dominance of world diplomacy began with Pitt’s response to the French Revolution, and unambiguously ended in 1917 when Britain and France could have lost the war to Germany if America had not intervened. Since then, America has taken over Britain’s role in world diplomacy, though Lloyd George and Churchill, to a smaller extent Harold Wilson, and finally Thatcher, were respected British voices in world circles. Thatcher’s successor Major failed by seeming immature, while his successor Blair has failed by being immature to the point of being branded America’s “poodle”, making Britain’s loss of prestige complete.

Between Pitt and Flanders though, Britain’s dominance of world affairs and the process of defining the parameters of international conduct was clear. It was an era in which nations fought using ships, cannon, cavalry and infantry. The machine-gun, airpower and  automobile had been hardly invented. Yet it is amazing how many technological inventions and innovations occurred during that era, many in Britain and the new America, vastly improving the welfare of masses of people: the steam-engine, the cotton gin, railways, electricity, telecommunications, systems of public hygiene etc. The age of American dominance has been one of petroleum, airpower, guided missiles and nuclear energy, as well as of penicillin and modern medicine.

It was during the period 1791-1991, between the French Revolution and the collapse of the Union of Soviet Socialist Republics, that world diplomacy created the system of “West