Pakistan’s Point of View (Or Points of View) on Kashmir: My As Yet Undelivered Lahore Lecture–Part I

Preface

27 April 2015 from Twitter: “My Pakistani hosts never managed to go thru w their 2010/11 invitation I speak in Lahore on Kashmir. After ‪#‎SabeenMahmud‬ s murder, I decline”

October 2015 from Twitter: I have started a quite thorough critique under #kasuri etc at Twitter of the extremely peculiar free publicity given in Delhi and  Mumbai power circles to the dressed up (and false) ISI/Hurriyat narrative of KM Kasuri; the Musharraf “demilitarisation/borderless” idea that Mr Kasuri promotes is originally mine from our Pakistan book in America in the 1980s, which I brought to the attention of both sides (and the USA) in Washington in 1993 but which I myself later rejected as naive and ignorant  after the Pakistani aggression in Kargil in 1999, especially the murder of Lt Kalia and his platoon as POWs. https://independentindian.com/2006/12/15/what-to-tell-musharraf-peace-is-impossible-without-non-aggressive-pakistani-intentions/  https://independentindian.com/2008/11/15/of-a-new-new-delhi-myth-and-the-success-of-the-university-of-hawaii-1986-1992-pakistan-project/ 

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

I have also now made clear how and why my Lahore lecture (confirmed by the Pakistani envoy to Delhi personally phoning me of his own accord at home on 3 March 2011, followed the next day by the Indian Foreign Secretary phoning to give me an appointment to brief her about my talk upon my return) came to be sabotaged by two Pakistanis and two Indian politicians associated with them. (Both of the Indian politicians had bad karma catch up immediately afterwards!)

 

Original Preface  22 November 2011: Exactly a year ago, in late October-November 2010, I received a very kind invitation from the Lahore Oxford and Cambridge Society to speak there on this subject.  Mid March 2011 was a tentative date for this lecture from which the text below is dated.  The lecture has yet to take place for various reasons but as there is demand for its content, I am releasing the part which was due to be released in any case to my Pakistani hosts ahead of time — after all, it would have been presumptuous of me to seek to speak in Lahore on Pakistan’s viewpoint on Kashmir, hence I instead  planned to release my understanding of that point of view ahead of time and open it to the criticism of my hosts.  The structure of the remainder of the talk may be surmised too from the Contents.  The text and argument are mine entirely, the subject of more than 25 years of research and reflection,  and are under consideration of publication as a book by Continuum of London and New York.  If you would like to comment, please feel free to do so, if you would like to refer to it in an online publication, please give this link, if you would like to refer to it in a paper-publication, please   email me.  Like other material at my site, it is open to the Fair Use rule of normal scholarship.

 

On the Alternative Theories of Pakistan and India about Jammu & Kashmir (And the One and Only Way These May Be Peacefully Reconciled): An Exercise in Economics, Politics, Moral Philosophy & Jurisprudence

 by

Subroto (Suby) Roy

Lecture to the Oxford and Cambridge Society of Lahore

March 14, 2011 (tentative)

“What is the use of studying philosophy if all that does for you is to enable you to talk with some plausibility about some abstruse questions of logic, etc., & if it does not improve your thinking about the important questions of everyday life?”  Wittgenstein, letter to Malcolm, 1944

“India is the greatest Muslim country in the world.”

Sir Muhammad Iqbal, 1930, Presidential Address to the Muslim League, Allahabad

 “Where be these enemies?… See, what a scourge is laid upon your hate,… all are punish’d.” Shakespeare

Dr Roy’s published works include Philosophy of Economics: On the Scope of Reason in Economic Inquiry (London & New York: Routledge, 1989, 1991); Pricing, Planning & Politics: A Study of Economic Distortions in India (London: Institute of Economic Affairs, 1984); and, edited with WE James, Foundations of India’s Political Economy: Towards an Agenda for the 1990s (Hawaii MS 1989, Sage 1992)  &  Foundations of Pakistan’s Political Economy: Towards an Agenda for the 1990s (Hawaii MS 1989, Sage 1992, OUP Karachi 1993); and, edited with John Clarke, Margaret Thatcher’s Revolution: How it Happened and What it Meant (London & New York: Continuum 2005).  He graduated in 1976 with a first from the London School of Economics in mathematical economics, and received the PhD in economics at Cambridge in 1982 under Professor Frank Hahn for the thesis “On liberty & economic growth: preface to a philosophy for India”. In the United States for 16 years he was privileged to count as friends Professors James Buchanan, Milton Friedman, TW Schultz, Max Black and Sidney Alexander.  From September 18 1990 he was an adviser to Rajiv Gandhi and contributed to the origins of India’s 1991 economic reform.  He blogs at http://www.independentindian.com.

CONTENTS

Part I

  1. Introduction

  2. Pakistan’s Point of View (or Points of View)

(a)    1930  Sir Muhammad Iqbal

(b)    1933-1948 Chaudhury Rahmat Ali

(c)    1937-1941 Sir Sikander Hayat Khan

(d)    1937-1947 Quad-i-Azam Mohammad Ali Jinnah

(e)    1940s et seq  Maulana Abul Ala Maudoodi

(f)     1947-1950 Prime Minister Liaquat Ali Khan, 1966 President Ayub Khan, 2005 Govt of Pakistan, 2007 President Musharraf, 2008 FM Qureshi, 2011 Kashmir Day

Part II

  1. India’s Point of View: British Negligence/Indifference during the Transfer of Power, A Case of Misgovernance in the Chaotic Aftermath of World War II

(a)    Rhetoric: Whose Pakistan?  Which Kashmir?

(b)    Law: (i) Liaquat-Zafrullah-Abdullah-Nehru United in Error Over the Second Treaty of Amritsar! Dogra J&K subsists Mar 16 1846-Oct 22 1947. Aggression, Anarchy, Annexations: The LOC as De Facto Boundary by Military Decision Since Jan 1 1949.  (ii) Legal Error & Confusion Generated by 12 May 1946 Memorandum. (iii) War: Dogra J&K attacked by Pakistan, defended by India: Invasion, Mutiny, Secession of “Azad Kashmir” & Gilgit, Rape of Baramulla, Siege of Skardu.

  1. Politics: What is to be Done? Towards Truths, Normalisation, Peace in the 21st Century

The Present Situation is Abnormal & Intolerable. There May Be One (and Only One) Peacable Solution that is Feasible: Revealing Individual Choices Privately with Full Information & Security: Indian “Green Cards”/PIO-OCI status for Hurriyat et al: A Choice of Nationality (India, Pakistan, Afghanistan, Iran).  Of Flags and Consulates in Srinagar & Gilgit etc: De Jure Recognition of the Boundary, Diplomatic Normalisation,  Economic & Military Cooperation.

  1. Appendices:

(a)    History of Jammu & Kashmir until the Dogra Native State

(b)    Pakistan’s Allies (including A Brief History of Gilgit)

(c)    India’s Muslim Voices

(d)    Pakistan’s Muslim Voices: An Excerpt from the Munir Report

Part I

1.  Introduction

For a solution to Jammu & Kashmir to be universally acceptable it must be seen by all as being lawful and just. Political opinion across the subcontinent — in Pakistan, in India, among 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 principal known facts of history as well as account reasonably for all moral considerations.

I claim to have found such a solution, indeed I shall even say it is the only such solution (in terms of theoretical economics, it is the unique solution) and plan with your permission to describe its main outlines at this distinguished gathering.  I have not invented it overnight but it is something  developed over a quarter century, milestones along the way being the books emerging from the University of Hawaii “perestroika” projects for India and Pakistan that I and the late WE James led 25 years ago, and a lecture I gave at Washington’s Heritage Foundation in June 1998, as well as sets of newspaper articles published between 2005 and 2008, one in Dawn of Karachi and others in The Statesman of New Delhi and Kolkata.

Before I start, allow me for a moment to remind just how complex and intractable the problem we face has been, and, therefore, quite how large my ambition is in claiming today to be able to resolve it.

“Kashmir is in the Supreme National Interest of Pakistan”, says Pakistan.

“Kashmir is an Integral Part of India”, says India.

“Kashmir is an Integral Part of Pakistan”, says Pakistan.

“Kashmir is in the Supreme National Interest of India”, says India.

And so it goes, in what over the decades has been all too often a Dialogue of the Deaf.  How may such squarely opposed positions be reconciled without draining public resources even further through wasteful weaponry and confrontation of standing armies, or, what is worse, using these weapons and armies in war, plunging the subcontinent into an abyss of chaos and destruction for generations to come?  How is it possible?

I shall suggest a road can be found only when we realize Pakistan, India and J&K each have been and are going to remain integral to one another — in their histories, their geographies, their economies and their societies.  The only place they may need to differ, where we shall want them to differ, is their politics and political systems. We should not underestimate how much mutual hatred and mutual fear has arisen naturally on all sides over the decades as a result of bloodshed and suffering all around, and the fact must also be accounted for that people simply may not be in a calm-enough emotional state to want to be part of processes seeking resolution; at the same time, it bears to be remembered that although Pakistan and India have been at war more than once and war is always a very serious and awful thing, they have never actually declared war against the other nor have they ever broken diplomatic relations – in fact in some ways it has always seemed like some very long and protracted fraternal Civil War between us where we think we know one another so well and yet come to be surprised more by one another’s virtues than by one another’s vices.

Secondly, with any seemingly intractable problem, dialogue can stall or be aborted due to normal human failings of impatience or lack of good will or lack of good humour or lack of a scientific attitude towards finding facts, or plain mutual miscomprehension of one another’s points of view through ignorance or laziness or negligence.  In case of Pakistan and India over J&K, there has been the further critical complication that we of this generation did not cause this problem — it has been something inherited by us from not even our fathers but our grandfathers!  It is two generations old.  Each side must respect the words and deeds of its forebears but also may have to frankly examine in a scientific spirit where errors of fact or judgment may have occurred back then.  The antagonistic positions have changed only slightly over two generations, and one reason dialogue stalls or gets aborted today is because positions have become frozen for more than half a century and merely get repeated endlessly.  On top of such frozen positions have been piled pile upon pile of further vast mortal complications: the 1965 War, the 1971 secession of East Pakistan, the 1999 Kargil War, the 2008 Mumbai massacres.  Only cacophony results if we talk about everything at once, leaving the status quo of a dangerous expensive confrontation to continue.

I propose instead to focus as specifically and precisely as possible on how Jammu & Kashmir became a problem at all during those crucial decades alongside the processes of Indian Independence, World War II, the Pakistan Movement and creation of Pakistan, accompanied by the traumas and bloodshed of Partition.

Having addressed that — and it is only fair to forewarn this eminent Lahore audience that such a survey of words, deeds and events between the 1930s and 1950s tends to emerge in India’s favour — I propose to “fast-forward” to current times, where certain new facts on the ground appear much more adverse to India, and finally seek to ask what can and ought to be done, all things considered, today in the circumstances of the 21st Century.   There are four central facts, let me for now call them Fact A, Fact B, Fact C and Fact D, which have to be accepted by both countries in good faith and a scientific spirit.  Facts A and B are historical in nature; Pakistan has refused to accept them. Facts C and D are contemporary in nature; official political India and much of the Indian media too often have appeared wilfully blind to them. The moment all four facts come to be accepted by all, the way forward becomes clear.  We have inherited this grave mortal problem which has so badly affected the ordinary people of J&K in the most terrible and unacceptable manner, but if we fail to understand and resolve it, our children and grandchildren will surely fail even worse — we may even leave them to cope with the waste and destruction of further needless war or confrontation, indeed with the end of the subcontinent as we have received and known it in our time.

2. Pakistan’s Point of View (Or Points of View)

1930  Sir Muhammad Iqbal

This audience will need no explanation why I start with Sir Muhammad Iqbal (1877-1938), the poetic and spiritual genius who in the 20th Century inspired the notion of a Muslim polity in NorthWestern India, whose seminal 1930 presidential speech to the Muslim League in Allahabad lay the foundation stone of the new country that was yet to be.   He did not live to see Pakistan’s creation yet what may be called the “Pakistan Principle” was captured in his words:

“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… India is the greatest Muslim country in the world.  The life of Islam as a cultural force in this living country very largely depends on its centralization in a specified territory”.

He did not see such a consolidated Muslim state being theocratic and certainly not one filled with bigotry or “Hate-Hindu” campaigns:

“A community which is inspired by feelings of ill-will towards other communities is low and ignoble. I entertain the highest respect for the customs, laws, religious and social institutions of other communities… Yet I love the communal group which is the source of my life and my behaviour… Nor should the Hindus fear that the creation of autonomous Muslim states will mean the introduction of a kind of religious rule in such states…. I therefore demand the formation of a consolidated Muslim state in the best interests of India and Islam. For India it means security and peace resulting from an internal balance of power, for Islam an opportunity to rid itself of the stamp that Arabian Imperialism was forced to give it, to mobilise its law, its education, its culture, and to bring them into closer contact with its own original spirit and the spirit of modern times.”[1]

Though Kashmiri himself, in fact a founding member of the “All-India Jammu & Kashmir Muslim Conference of Lahore and Simla”, and a hero and role model for the young Sheikh Abdullah (1905-1982), Allama Iqbal was explicitly silent about J&K being part of the new political entity he had come to imagine.  I do not say he would not have wished it to be had he lived longer; what I am saying is that his original vision of the consolidated Muslim state which constitutes Pakistan today (after a Partitioned Punjab) did not include Jammu & Kashmir.  Rather, it was focused on the politics of British India and did not mention the politics of Kashmir or any other of the so-called “Princely States” or “Native States” of “Indian India” who constituted some 1/3rd of the land mass and 1/4th of the population of the subcontinent.  Twenty years ago I called this “The Paradox of Kashmir”, namely, that prior to 1947 J&K hardly seemed to appear in any discussion at all for a century, yet it has consumed almost all discussion and resources ever since.

Secondly, this audience will see better than I can the significance of Dr Iqbal’s saying the Muslim political state of his conception needed

“an opportunity to rid itself of the stamp that Arabian Imperialism was forced to give it”

and instead seek 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”.

Dr Iqbal’s Pakistan Principle appears here the polar opposite of Pakistan’s 18th & 19th Century pre-history represented by Shah Waliullah (1703-1762)[2] saying

“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”

 or Sayyid Ahmed Barelwi (1786-1831) saying

“We must repudiate all those Indian, Persian and Roman customs which are contrary to the Prophet’s teaching”.[3]

Some 25 years after the Allahabad address, the Munir Report in 1954 echoed Dr Iqbal’s thought when it observed about medieval military conquests

“It is this brilliant achievement of the Arabian nomads …that makes the Musalman of today live in the past and yearn for the return of the glory that was Islam… Little does he understand that the forces which are pitted against him are entirely different from those against which early Islam had to fight… Nothing but a bold reorientation 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 incongruity that he is today…” [4]

 

1933-1947  Chaudhury Rahmat Ali

Dr Iqbal’s young follower, the radical Cambridge pamphleteer Chaudhury Rahmat Ali (1895-1951) drew a picture not of Muslim tolerance and coexistence with Hindus in a peaceful India but of aggression towards Hindus and domination by Muslims over the subcontinent and Asia itself.  Rahmat Ali had been inspired by Dr Iqbal’s call for a Muslim state in Northwest India but found it vague and was disappointed Iqbal had not pressed it at the Third Round Table Conference.  In 1933, reportedly on the upper floor of a London omnibus, he invented for the then-imagined political entity the name “PAKSTAN”, P for his native Punjab, A for Afghania, K for Kashmir, S for Sind, and STAN for Balochistan.  He sought a meeting with Mr Jinnah in London — “Jinnah disliked Rahmat Ali’s ideas and avoided meeting him”[5] but did meet him.  There is a thesis yet to be written on how Europe’s inter-War ideologies affected political thinking on the subcontinent.  Rahmat Ali’s vituperative views about Hindus were akin to others about Jews (and Muslims too) at the time, all models or counterfoils for one another in the fringes of Nazism.  He referred to the Indian nationalist movement as a “British-Banya alliance”, declined to admit India had ever existed and personally renamed the subcontinent “Dinia” and the seas around it the “Pakian Sea”, the “Osmanian Sea” etc. He urged Sikhs to rise up in a “Sikhistan” and urged all non-Hindus to rise up in war against Hindus. Given the obscurity of his life before his arrival at Cambridge’s Emmanuel College, what experiences may have led him to such views are not known.

All this was anathema to Mr Jinnah, the secular constitutionalist embarrassed by a reactionary Muslim imperialism in that rapidly modernising era that was the middle of the 20th Century.  When Rahmat Ali pressed the ‘Pakstan’ acronym, Mr Jinnah said Bengal was not in it and Muslim minority regions were absent.  At this Chaudhury-Sahib produced a general scheme of Muslim domination all over the subcontinent: there would be “Pakstan” in the northwest including Kashmir, Delhi and Agra; “Bangistan” in Bengal; “Osmanistan” in Hyderabad; “Siddiquistan” in Bundelhand and Malwa; “Faruqistan” in Bihar and Orissa; “Haideristan” in UP; “Muinistan” in Rajasthan; “Maplistan” in Kerala; even “Safiistan” in “Western Ceylon” and “Nasaristan” in “Eastern Ceylon”, etc.  In 1934 he published and widely circulated such a diagram among Muslims in Britain at the time.  He was not invited to the Lahore Resolution which did not refer to Pakistan though came to be called the Pakistan Resolution.  When he landed in the new Pakistan, he was apparently arrested and deported back and was never granted a Pakistan passport.  From England, he turned his wrath upon the new government, condemning Mr Jinnah as treacherous and newly re-interpreting his acronym to refer to Punjab, Afghania, Kashmir, Iran, Sindh, Tukharistan (sic), Afghanistan, and Balochistan.  The word “pak” coincidentally meant pure, so he began to speak of Muslims as “the Pak” i.e. “the pure” people, and of how the national destiny of the new Pakistan was to liberate “Pak” people everywhere, including the new India, and create a “Pak Commonwealth of Nations” stretching from Arabia to the Indies.  The map he now drew placed the word “Punjab” over J&K, and saw an Asia dominated by this “Pak” empire. Shunned by officialdom of the new Pakistan, Chaudhury-Sahib was a tragic figure who died in poverty and obscurity during an influenza epidemic in 1951; the Master of Emmanuel College paid for his funeral and was apparently later reimbursed for this by the Government of Pakistan.  In recent years he has undergone a restoration, and his grave at Cambridge has become a site of pilgrimage for ideologues, while his diagrams and writings have been reprinted in Pakistan’s newspapers as recently as February 2005.

1937-1941 Sir Sikander Hayat Khan

Chaudhary Rahmat Ali’s harshest critic at the time was the eminent statesman and Premier of Punjab Sir Sikander Hayat Khan (1892-1942), partner of the 1937 Sikander-Jinnah Pact, and an author of the Lahore Resolution.  His statement of 11 March 1941 in the Punjab Legislative Assembly Debates is a classic:

“No Pakistan scheme was passed at Lahore… As for Pakistan schemes, Maulana Jamal-ud-Din’s is the earliest…Then there is the scheme which is attributed to the late Allama Iqbal of revered memory.  He, however, never formulated any definite scheme but his writings and poems have given some people ground to think that Allama Iqbal desired the establishment of  some sort of  Pakistan.  But it is not difficult to explode this theory and to prove conclusively that his conception of  Islamic solidarity and universal brotherhood is not in conflict with Indian patriotism and is in fact quite different from the ideology now sought to be attributed to him by some enthusiasts… Then there is Chaudhuri Rahmat Ali’s scheme (*laughter*)…it was widely circulated in this country and… it was also given wide publicity at the time in a section of the British press.  But there is another scheme…it was published in one of the British journals, I think Round Table, and was conceived by an Englishman…..the word Pakistan was not used at the League meeting and this term was not applied to (the League’s Lahore) resolution by anybody until the Hindu press had a brain-wave and dubbed it Pakistan…. The ignorant masses  have now adopted the slogan provided by the short-sighted bigotry of the Hindu and Sikh press…they overlooked the fact that the word Pakistan might have an appeal – a strong appeal – for the Muslim masses.  It is a catching phrase and it has caught popular imagination and has thus made confusion worse confounded…. So far as we in the Punjab are concerned, let me assure you that we will not countenance or accept any proposal that does not secure freedom for all (*cheers*).  We do not desire that Muslims should domineer here, just as we do not want the Hindus to domineer where Muslims are in a minority. Now would we allow anybody or section to thwart us because Muslims happen to be in a majority in this province.  We do not ask for freedom that there may be a Muslim Raj here and Hindu Raj elsewhere.  If that is what Pakistan means I will have nothing to do with it.   If Pakistan means unalloyed Muslim Raj in the Punjab then I will have nothing to do with it (*hear, hear*)…. If you want real freedom for the Punjab, that is to say a Punjab in which every community will have its due share in the economic and administrative fields as partners in a common concern, then that Punjab will not be Pakistan but just Punjab, land of the five rivers; Punjab is Punjab and will always remain Punjab whatever anybody may say (*cheers*).  This, then, briefly is the future which I visualize for my province and for my country under any new constitution.

Intervention (Malik Barkat Ali): The Lahore resolution says the same thing.

Premier: Exactly; then why misinterpret it and try to mislead the  masses?…”

1937-1947  Quad-i-Azam Mohammad Ali Jinnah

During the Third Round Table Conference, Dr Iqbal persuaded Mr Jinnah (1876-1948) to return to India; Mr Jinnah, from being settled again in his London law practice, did so in 1934.  But following the 1935 Govt of India Act, the Muslim League failed badly when British India held its first elections in 1937 not only in Bengal and UP but in Punjab (one seat), NWFP and Sind.

World War II, like World War I a couple of brief decades earlier, then changed the political landscape completely. Germany invaded Poland on 1 September 1939 and Britain and France declared war on Germany on 3 September.  The next day, India’s British Viceroy (Linlithgow) granted Mr Jinnah the political parity with Congress that he had sought.[6]  Professor Francis Robinson suggests that until 4 September 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…. 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[7]…. 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…”[8]

 Mr Jinnah was himself amazed by the new British attitude towards him:

“(S)uddenly there was a change in the attitude towards me. I was treated on the same basis as Mr Gandhi. I was wonderstruck why all of a sudden I was promoted and given a place side by side with Mr Gandhi.”

Britain, threatened for its survival, faced an obdurate Indian leadership and even British socialists sympathetic to Indian aspirations grew cold (Gandhi dismissing the 1942 Cripps offer as a “post-dated cheque on a failing bank”).  Official Britain’s loyalties had been consistently with those who had been loyal to them, and it was unsurprising there would be a tilt to empower Mr Jinnah soon making credible the real possibility of Pakistan.[9]  By 1946, Britain was exhausted, pre-occupied with rationing, Berlin, refugee resettlement and countless other post-War problems — Britain had not been beaten in war but British imperialism was finished because of the War.  Muslim opinion in British India had changed decisively in the League’s favour.   But the  subcontinent’s political processes were drastically spinning out of everyone’s control towards anarchy and blood-letting.  Implementing a lofty vision of a cultured progressive consolidated Muslim state in India’s NorthWest descended into “Direct Action” with urban mobs  shouting Larke lenge Pakistan; Marke lenge Pakistan; Khun se lenge Pakistan; Dena hoga Pakistan.[10]

We shall return to Mr Jinnah’s view on the legal position of the “Native Princes” of “Indian India” during this critical time, specifically J&K; here it is essential before proceeding only to record his own vision for the new Pakistan as recorded by the profoundly judicious report of Justice Munir and Justice Kayani a mere half dozen years later:

“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.”

1940s et seq  Maulana Abul Ala Maudoodi, Amir Jama’at-i-Islami

The eminent theologian Maulana Abul Ala Maudoodi (1903-1979), founder of the Jama’at-i-Islami, had been opposed to the Pakistan Principle but once Pakistan was created he became the most eminent votary of an Islamic State, declaring:

 “That the sovereignty in Pakistan belongs to God Almighty alone and that the Government of Pakistan shall administer the country as His agent”.

 In such a view, Islam becomes

“the very antithesis of secular Western democracy. The philosophical foundation of Western democracy is the sovereignty of the people. Lawmaking is their prerogative and legislation must correspond to the mood and temper of their opinion… Islam… altogether repudiates the philosophy of popular sovereignty and rears its polity on the foundations of the sovereignty of God and the viceregency (Khilafat) of man.”

Maulana Maudoodi was asked by Justice Munir and Justice Kayani:

 “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”.

“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:— (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’.

….

“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.”

.…

“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.”

1947-1950 PM Liaquat Ali Khan, 1966 Gen Ayub Khan, 2005 Govt of Pakistan et seq

In contrast to Maulana Maudoodi saying Islam was “the very antithesis of secular Western democracy”,  Prime Minister Liaquat Ali Khan (1895-1951)[11] during his first official visit in 1950 to North America was to say the new Pakistan, because it was Muslim, held Asia’s greatest democratic potential:

“At present there is no democracy in Asia which is more free and more unified than Pakistan; none so free from moral doubts and from strains between the various sections of the people.”

He told his audiences Pakistan was created because Hindus were people wedded to caste-differences where Pakistanis as Muslims had an egalitarian and democratic disposition:

“The Hindus, for example, believe in the caste system according to which some human beings are born superior to others and cannot have any social relations with those in the lower castes or with those who are not Hindus.   They cannot marry them or eat with them or even touch them without being polluted.   The Muslims abhor the caste system, as they are a democratic people and believe in the equality of men and equal opportunities for all, do not consider a priesthood necessary, and have economic laws and institutions which recognize the right of private ownership and yet are designed to promote the distribution of wealth and to put healthy checks on vast unearned accumulations… so the Hindus and the Muslims decided to part and divide British India into two independent sovereign states… Our demand for a country of our own had, as you see, a strong democratic urge behind it.  The emergence of Pakistan itself was therefore the triumph of a democratic idea.  It enabled at one stroke a democratic nation of eighty million people to find a place of its own in Asia, where now they can worship God in freedom and pursue their own way of life uninhibited by the domination or the influence of ways and beliefs that are alien or antagonistic to their genius.” [12]

President Ayub Khan would state in similar vein on 18 November 1966 at London’s Royal Institute of International Affairs:

“the root of the problem was the conflicting ideologies of India and Pakistan. Muslim Pakistan believed in common brotherhood and giving people equal opportunity.  India and Hinduism are based on inequality and on colour and race.  Their basic concept is the caste system… Hindus and Muslims could never live under one Government, although they might live side by side.”

Regarding J&K, Liaquat Ali Khan on November 4 1947 broadcast from here in Lahore that the 1846 Treaty of Amritsar was “infamous” in having caused an  “immoral and illegal” ownership of Jammu & Kashmir.  He, along with Mr Jinnah, had called Sheikh Abdullah a “goonda” and “hoodlum” and “Quisling” of India, and on February 4 1948 Pakistan formally challenged the sovereignty of the Dogra dynasty in the world system of nations.  In 1950 during his North American visit though, the Prime Minister allowed that J&K was a “princely state” but said

“culturally, economically, geographically and strategically, Kashmir – 80 per cent of whose peoples like the majority of the people in Pakistan are Muslims – is in fact an integral part of Pakistan”;

“(the) bulk of the population (are) under Indian military occupation”.

Pakistan’s official self-image, portrayal of India, and position on J&K may have not changed greatly since her founding Prime Minister’s statements.   For example, in June 2005 the website of the Government of Pakistan’s Permanent Mission at the UN stated:

“Q: How did Hindu Raja (sic) become the ruler of Muslim majority Kashmir?

A: Historically speaking Kashmir had been ruled by the Muslims from the 14th Century onwards.  The Muslim rule continued till early 19th Century when the ruler of Punjab conquered  Kashmir and gave Jammu to a Dogra Gulab Singh who purchased Kashmir from the British in 1846 for a sum of 7.5 million rupees.”

“India’s forcible occupation of the State of Jammu and Kashmir in 1947 is the main cause of the dispute. India claims to have ‘signed’ a controversial document, the Instrument of Accession, on 26 October 1947 with the Maharaja of Kashmir, in which the Maharaja obtained India’s military help against popular insurgency.   The people of Kashmir and Pakistan do not accept the Indian claim.   There are doubts about the very existence of the Instrument of Accession.  The United Nations also does not consider Indian claim as legally valid: it recognises Kashmir as a disputed territory.   Except India, the entire world community recognises Kashmir as a disputed territory. The fact is that all the principles on the basis of which the Indian subcontinent was partitioned by the British in 1947 justify Kashmir becoming a part of Pakistan:  the State had majority Muslim population, and it not only enjoyed geographical proximity with Pakistan but also had essential economic linkages with the territories constituting Pakistan.”

India, a country dominated by the hated-Hindus, has forcibly denied Srinagar Valley’s Muslim majority over the years the freedom to become part of Muslim Pakistan – I stand here to be corrected but, in a nutshell, such has been and remains Pakistan’s official view and projection of the Kashmir problem over more than sixty years.[13]

Part II

  1. India’s Point of View: British Negligence/Indifference during the Transfer of Power, A Case of Misgovernance in the Chaotic Aftermath of World War II

(a)    Rhetoric: Whose Pakistan?  Which Kashmir?

(b)    Law: (i) Liaquat-Zafrullah-Abdullah-Nehru United in Error Over the Second Treaty of Amritsar! Dogra J&K subsists Mar 16 1846-Oct 22 1947. Aggression, Anarchy, Annexations: The LOC as De Facto Boundary by Military Decision Since Jan 1 1949.  (ii) Legal Error & Confusion Generated by 12 May 1946 Memorandum. (iii) War: Dogra J&K attacked by Pakistan, defended by India: Invasion, Mutiny, Secession of “Azad Kashmir” & Gilgit, Rape of Baramulla, Siege of Skardu.

  1. Politics: What is to be Done? Towards Truths, Normalisation, Peace in the 21st Century

The Present Situation is Abnormal & Intolerable. There May Be One (and Only One) Peacable Solution that is Feasible: Revealing Individual Choices Privately with Full Information & Security: Indian “Green Cards”/PIO-OCI status for Hurriyat et al: A Choice of Nationality (India, Pakistan, Afghanistan, Iran).  Of Flags and Consulates in Srinagar & Gilgit etc: De Jure Recognition of the Boundary, Diplomatic Normalisation,  Economic & Military Cooperation.

  1. Appendices:

(a)    History of Jammu & Kashmir until the Dogra Native State

(b)    Pakistan’s Allies (including A Brief History of Gilgit)

(c)    India’s Muslim Voices

(d)    Pakistan’s Muslim Voices: An Excerpt from the Munir Report

 


[1] EIJ Rosenthal, Islam in the Modern National State, 1965, pp.196-197.

[2] A contemporary of Mohammad Ibn Abdal Wahhab of Nejd.

[3] Francis Robinson in  WE James & Subroto Roy, Foundations of Pakistan’s Political Economy: Towards an Agenda for the 1990s, 1993, p. 36.  Indeed Barelwi had created a proto-Pakistan in NorthWest India one hundred years before the Pakistan Movement. “In the later 1820s the movement became militant, regarding jihad as one of the basic tenets of faith.  Possibly encouraged by the British, with whom the movement did not feel powerful enough to come to grips at the outset, it chose as the venue of jihad the NW frontier of the subcontinent, where it was directed against the Sikhs.  Barelwi temporarily succeeded in carving out a small theocratic principality which collapsed owing to the friction between his Pathan and North Indian followers; and he was finally defeated and slain by the Sikhs in 1831″ (Aziz Ahmed, in  AL Basham (ed) A Cultural History of India 1976, p. 384).   Professor Robinson answered a query of mine in an email of 8 August 2005: “the fullest description of this is in Mohiuddin Ahmad, Saiyid Ahmad Shahid (Lucknow, 1975), although practically everyone who deals with the period covers it in some way. Barelwi was the Amir al-Muminin of a jihadi community which based itself north of Peshawar and for a time controlled Peshawar.  He called his fellowship the Tariqa-yi Muhammadiya.  Barelwi corresponded with local rulers about him.  After his death at the battle of Balakot, it survived in the region, at Sittana I think, down to World War One.”

[4] Rosenthal, ibid., p 235

[5] Germans

[6] 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 mutual antipathy between Muslims and Hindus could be utilised in fashioning their rule; specifically that organisation and mobilisation of Muslim communal opinion was a useful counterweight to any pan-Indian nationalism emerging to compete with British authority. As early as 1874, long before Allan Octavian Hume ICS conceived the Indian National Congress, John Strachey ICS observed “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 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 Maulana 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.)

[7] “That geographically contiguous units are demarcated into regions which should be so constituted, with such territorial readjustments as may be necessary, that the areas in which the Muslims are numerically in a majority, as in the North-Western and Eastern zones of India should be grouped to constitute Independent States in which the constituent units shall be autonomous and sovereign”.

[8] Robinson ibid, pp. 43-44.

[9] In the “Indian India” of the Native Princes, Hari Singh and others who sent troops to fight as part of British armies (and who were nominal members of Churchill’s War Cabinet) would have their vanities flattered, while Sheikh Abdullah’s rebellion against Dogra rule would be ignored. See seq. And in British India, Mr Jinnah the conservative Anglophile and his elitist Muslim League would be backed, while the radicalised masses of the Gandhi-Bose-Nehru Congress suppressed as a nuisance.

[10] An anthology about Lahore reports memories of a murderous mob arriving at a wealthy man’s home to be placated  with words like  “They are Parsis not Hindus, no need to kill them…”

[11] An exact contemporary of Chaudhury Rahmat Ali.

[12] Pakistan, Harvard University Press, 1950.

[13] It is not far from this to a certain body of sentiments frequently found, for example, as recently as February 5 2011: “To observe the Kashmir Solidarity Day, various programs, rallies and protests will be held on Saturday (today) across the city to support the people of Kashmir in their struggle against the Indian occupation of their land.  Various religious, political, social and other organizations have arranged different programs to highlight the atrocities of Indian occupant army in held Jammu and Kashmir where about 800,000 Indian soldiers have been committing atrocities against innocent civilians; killing, wounding and maiming tens of thousands of people; raping thousands of women and setting houses, shops and crops on fire to break the Kashmiris’ will to fight for their freedom…Jamat-ud-Dawah…leaders warned that a ‘jihad’ would be launched if Kashmir was not liberated through civil agitation…the JuD leaders said first the former President, Pervez Musharraf, and now the current dispensation were extending the olive branch to New Delhi despite the atrocities on the Kashmiri people….the Pakistani nation would (never compromise on the issue of Kashmir and) would continue to provide political, moral and diplomatic support to the Kashmiri people.”

Revisiting “On Hindus and Muslims” in 2011…

From Facebook June 28 2011:

Hindus hear and enjoy the Azan as dusk falls, Muslims walk past and enjoy the smells of Hindu flowers and incense and the sounds of chants and temple bells — that is India, that is Kolkata, that is Indian secularism…

Revisiting “On Hindus and Muslims” (2009) November 3, 2009

It is four years exactly since I published “On Hindus and Muslims”.   I have had cause to revisit it today while saying at Facebook:

“Subroto Roy does not mind at all that 150 million Muslim Indians have been forbidden by their clergy from singing Vande Mataram — in fact rather sees their point of view. The Supreme Court of India also once upheld the right of two Jehovah’s Witnesses children who declined to sing Jana Gana Mana at school. India is a free country in such respects.

The Muslim point of view is that Muslim patriotism can be one of *love* for India without having to be one of *worship* of India — worship having to be reserved for Allah alone.

Hindus, for their part, do not take their own worship quite so seriously, and there is a lot of it — being happy enough to worship the mountains, the seas, the rivers, the birds and beasts and even sometimes other humans too…Or, for that matter, nothing at all…”

“Subroto Roy feels that if he had been Muslim by faith and a believer he may have preferred to live in a society where Muslims are a minority rather than one where almost everyone is Muslim. A Muslim believer allowed to freely practise among a majority of non-Muslims constantly finds faith reaffirmed within every day, whereas in a society where everyone is Muslim the problem always arises as to who is a bad, good or better Muslim.”

On Hindus and Muslims November 6, 2005

On Hindus and Muslims

by

Subroto Roy

First published in The Statesman, Perspective Page, Nov 6, 2005

The one practical contribution made to India’s polity by the Hindu Mahasabha was to thwart the Sarat Bose/Suhrawardy idea in 1946-1947 of a “United Bengal”, which inevitably would have led to Kolkata and West Bengal becoming part of Pakistan. The one practical contribution made to India’s polity by the Rashtriya Swayamsevak Sangh was to help defend against the Pakistani attack upon Jammu & Kashmir which commenced on 22 October 1947 and included the Rape of Baramulla a few days later. The RSS contribution may have been more than what Sheikh Abdullah and the National Conference or Jawaharlal Nehru and the Government of India cared to admit because it had had an offensive aspect as well; RSS attacks on Muslim civilians in the Mirpur-Pooncharea later formed the basis of Pakistan’s justification for the October 1947 attack and the origins of the “Azad Kashmir” idea. Practical contributions were also made by individuals like Shyama Prosad Mookerjee, who, for example, as a member of Nehru’s Cabinet, responded immediately to information received from a young Government of India officer in Karachi in September 1947, sending ships and Navy frigates from Bombay to retrieve thousands of Hindu refugees in danger of being massacred. The one theoretical contribution made by the Hindutvadi organisations in India has been to establish that it is not a matter of shame and can be a matter of pride to be a Hindu, or, more generally, to be an Indian in the modern world. This is important, even though most RSS and BJP members today may have altogether failed themselves to understand its nature and significance. Indeed, the small handful of Muslims who have been part of their organisations may have understood it rather better.

To be Muslim, a person has only to believe that God is One and Muhammad is the last of the prophets, i.e. to pronounce the Kalma. Nothing else is either necessary or sufficient. Praying daily, facing Mecca (or Jerusalem before it), going on pilgrimage, fasting during Ramzan, giving to the poor, circumcising boys, polygamy, inducing the modesty of women though seclusion or the veil, have all been part of Muslim practice for ever because they were aspects of the Prophet’s life. But if a Muslim did not pronounce the Kalma, everything else he/she might do is rendered meaningless. The Kalma is necessary and sufficient for Islamic belief. All else is incidental and logically superfluous.

The first half of the Kalma is a commitment to an austere monotheistic ontology; the second half is an oath of fidelity to the Prophet because he was the original exponent of this ontology (in Arabic). Muhammad (572-632 AD) was without a doubt among the greatest of men, as may be measured by his vast impact on human history. His total self-effacement and abhorrence of adulation was signified when at his death it was famously said “If you are worshippers of Muhammad, know that he is dead. If you are worshippers of God, know that God is living and does not die”.

Abul Kalam Azad understood well that there was no contradiction between being Muslim by faith and Indian by nationality. “My ancestors came to India from Herat in Babar’s time…” is how he began his autobiography. No one could think Azad anything but a proud Indian nationalist. No one ~ certainly not MA Jinnah ~ could think of Azad as anything but a Muslim and a scholar of Islam. Yet Azad’s respect and admiration (like that of Khan Abdul Ghaffar Khan) knew no bounds for the only reformer since Vivekananda that Hinduism has seen in the 20th century: a Congress politician by the name of MK Gandhi,who came to be murdered by Hindu fanatics. By contrast, Jinnah, the political founder of Pakistan, could see Congress only as a Hindu party and Gandhi the Hindu leader using Hindu symbols against whom he was juxtaposed in a struggle for power after the British left: “Congress leaders may shout as much as they like that the Congress is a national body. But …(the) Congress is nothing but a Hindu body,” he declared in 1938. Jinnah’s ambition, and that of the separatist Muslim elite, demanded that they rule themselves in isolation in corners of India.

Throughout the period of Hindu Westernisation in response to the opening to the world presented by the British Raj, the Muslim elite were instead chafing under the idea that an India free of British rule could possibly have Muslims living under governments composed of people who were not “People of the Book” mentioned in the Muslim scriptures. Even if British rule had been almost intolerable in Muslim eyes ~ rendering India’s territory dar-ul-harb at worst or dar-ul-aman at best ~ the British were at least “People of the Book”. After a British departure, rule over Muslims by a Hindu majority, supported by the much-feared Sikhs (“kaffirs with beards” in Muslim popular perception), was felt to be psychologically intolerable. Not only were Hindus, in Muslim eyes, polytheistic believers in idol-worship and practitioners of a caste-system, but everyone knew that the vast majority of India’s Muslims had been themselves converts from the same Hindu social and cultural origins, and there would be constant danger of relapse of Muslims into Hindu beliefs and practices if the country was governed by a Hindu majority. The slogan “Islam in danger” has always had substance in the sense that the faithful have constantly had to mind the dangers of yielding to temptations around them, including scepticism, syncretism and pantheism. Hence, insularity and communalism ~ a psychological circling of the wagons in terms of the American Wild West ~ was a natural political response of Muslims to the Hindu (and Parsee and Christian) modernisation of India in the 19th and 20th centuries.

Such were the implicit unspoken premises driving the Pakistan Movement which Iqbal and Jinnah came to lead in the 20th century. The origins lay in the thoughts and deeds of Shah Wali Allah (1703-1762) and his Arab contemporary in Nejd, Mohammad Ibn Abdal Wahhab, the founder of Wahhabism. It continued with men like Sayyid Ahmed Barelvi(1786-1831), and Titu Mir (1782-1831), until we reach the Islamic “moderniser” Sayyid Ahmed Khan who, while being the founder of Muslim higher education at Aligarh, was also the fountainhead of the separatism that led to the Muslim League’s creation in 1906. “We are an Arab people whose fathers have fallen in exile in the country of Hindustan, and Arabic genealogy and Arabic language are our pride,” Wali Allah had said. Barelvi after him declared: “We must repudiate all those Indian, Persian and Roman customs which are contrary to the Prophet’s teaching.” “In the later 1820s, (Barelvi’s) movement became militant, regarding jihad as one of the basic tenets of faith. Possibly encouraged by the British, with whom the movement did not feel powerful enough to come to grips at the outset, it chose as the venue of jihad the NW frontier of the subcontinent, where it was directed against the Sikhs. Barelvi temporarily succeeded in carving out a small theocratic principality which collapsed owing to the friction between his Pathan and North Indian followers; and he was finally defeated and slain by the Sikhs (at the battle of Balakot) in 1831,” points out Aziz Ahmed, in AL Basham’s A Cultural History of India. Barelvi’s jihadi proto-Pakistan state near Peshawar was named Tariqa-yi Muhammadiya; it may have survived at Sittana until the First World War. Leaving to one side Rahmat Ali’s lonely scheming from England and invention on the top floor of a London bus of the name “PAKSTAN”, such was the genesis of Iqbal and Jinnah’s Muslim state.

Azad, on behalf of scores of millions of Muslim Indians including Sheikh Abdullah and Zakir Hussain and Ghaffar Khan among the most prominent, candidly raised objections to this entire exercise: “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 recognises no such division and the Prophet says `God made the whole world a mosque for me’.”

Azad had seen that India is or can be dar-ul-Islam or at least dar-ul-aman and not dar-ul-harb, because the Muslim in this land of ours –bounded by the mountains and the seas, with the rivers in between them, all of which the Hindu finds sacred and imagines to be the home of the Hindu pantheon – is in fact able to practise his/her faith freely despite the majority culture superficially being or seeming to be one which is polytheistic and pantheistic. The majority culture in India has had no theoretical or practical difficulty with the recitation of the Kalma anywhere or anytime in the country. The handful of Muslims in the RSS and BJP today may have understood something of the same. Visiting Pakistanis today are amazed by two things in India: the presence of women in public life and the fact that Muslims are free to practise Islam. Muslims may privately believe their Hindu compatriots or cousins to be hopelessly ignorant of the truth, and vice-versa, but nothing in public life needs to hinge on such mutual beliefs people have about one another. That is what was meant when the present author said in the Introduction to Foundations of Pakistan’s Political Economy that Jinnah’s address to Pakistan’s Constituent Assembly was as secular as any that may be found.

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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Resolving the Riddle: A Second Simple Note in Ontology & Epistemology (Or, There is No Necessary Theist vs Atheist Conflict)

From Facebook:

A few days ago, I said:

“For myself, I have come to a belief that the Universe was never created and will never be destroyed (though of course changes all the time). But true-false, right-wrong, good-evil, good-bad etc exist, and exist objectively in the sense that they would apply to mankind’s deeds even after the extinction of homo sapiens…”

Hune’s question: “Did God say “thou shall not kill” because it is evil, or it is evil because God said “thou shall not kill”? Are ethical values in your view independent entities existing in nature much in the sense of physical objects?”

My answer: “Not really, nothing so complicated. I am much more simple-minded I am afraid. I only mean this: imagine a world in which homo sapiens is extinct (not hard to do really given the extinction of other species). Would it still be true in that world that 2+1=3 in normal arithmetic or that Adolf Hitler caused evil things? My answer is yes.”

Viz., “A simple note in ontology and epistemology”.

What I mean by saying the Universe was never created and will never be destroyed is merely that matter (the elements of the Periodic Table, Hydrogen etc) has always existed and will never not exist.

It is not impossible to imagine an integral defined between negative infinity and infinity of

x (matter)

and

dx (change in matter)

and if someone wished to define that integral

-∞ x dx

as Brahma, YHWH, God, Allah,

the Riddle may have come to be resolved.

[I do not use f(x) because I do not really wish to be mathematical but if you do please set f(x) = x].

We may then sail safely between the dogmatic and sceptical positions of Kaufmann and Freud that I contrasted in  “An example each of dogmatism and scepticism in theology“:

Kaufmann is right to say there is existence but is wishful in assuming benevolence; Freud is right to deny the benevolence but cuts too thickly and denies existence.

I call my position “Non-Theistic” to contrast it with both the Theist and the Atheist — repeating once more that true-false, right-wrong, good-evil, good-bad etc exist, and exist objectively in the sense that they do not require the presence of homo sapiens.

Subroto Roy
November 7 2009, my father’s 94th Birthday.

 

Revisiting “On Hindus and Muslims”

Alfred Lyall on Christians, Muslims, India, China, Etc, 1908

“THE STATE IN ITS RELATION TO EASTERN AND WESTERN RELIGIONS”

By Sir Alfred Comyn Lyall (1835-1911)

Delivered as President of the Congress for the History of Religions, September 1908.—Fortnightly Review, November 1908.

“In considering the subject of my address, I have been confronted by this difficulty—that in the sections which regulate the order of our proceedings, we have a list of papers that range over all the principal religions, ancient and modern, that have existed and still exist in the world. They are to be treated and discussed by experts whose scholarship, particular studies, and close research entitle them all to address you authoritatively. I have no such special qualifications; and in any case it would be most presumptuous in me to trespass upon their ground. All that I can venture to do, therefore, in the remarks which I propose to address to you to-day, is to attempt a brief general survey of the history of religions from a standpoint which may possibly not fall within the scope of these separate papers.

The four great religions now prevailing in the world, which are historical in the sense that they have been long known to history, I take to be—Christianity, Islam, Buddhism, and Hinduism. Having regard to their origin and derivation, to their history and character, I may be permitted, for my present purpose only, to class the two former as the Religions of the West, and the two latter as the Religions of the East. These are the faiths which still maintain a mighty influence over the minds of mankind. And my object is to compare the political relations, the attitude, maintained toward them, from time to time, by the States and rulers of the people over which these religions have established their spiritual dominion.

The religion of the Jews is not included, though its influence has been incalculable, because it has been caught up, so to speak, into Christianity and Islam, and cannot therefore be counted among those which have made a partition of the religious world. For this reason, perhaps, it has retained to this day its ancient denomination, derived from the tribe or country of its origin; whereas the others are named from a Faith or a Founder. The word Nazarene, denoting the birthplace of Christianity, which is said to be still used in that region, was, as we know, very speedily superseded by its wider title, as the Creed broke out of local limits and was proclaimed universal. There has evidently been a foretime, though it is prehistorical, when, so far as we know, mankind was universally polytheistic; when innumerable rites and worships prevailed without restraint, springing up and contending with each other like the trees in a primeval forest, reflecting a primitive and precarious condition of human society.

I take polytheism to have been, in this earliest stage, the wild growth of superstitious imagination, varied indefinitely by the pressure of circumstance, by accident, by popular caprice, or by the good or evil fortunes of the community. In this stage it can now be seen among barbarous tribes—as, for instance, in Central Africa. And some traces of it still survive, under different pretexts and disguises, in the lowest strata of civilised nations, where it may be said to represent the natural reluctance of the vagrant human fancy to be satisfied with higher forms and purer conceptions that are always imperfectly assimilated by the multitude. Among primitive societies the spheres of human and divine affairs were intermixed and identical; they could not be disentangled. But with the growth of political institutions came gradual separation, or at any rate the subordination of religion to the practical necessities of orderly government and public morals.

That polytheism can exist and flourish in the midst of a highly intellectual and civilised society, we know from the history of Greece and Rome. But in ancient Greece its direct influence upon political affairs seems to have been slight; though it touched at some points upon morality. The function of the State, according to Greek ideas, was to legislate for all the departments of human life and to uphold the moral standard. The law prohibited sacrilege and profanity; it punished open impiety that might bring down divine wrath upon the people at large. The philosophers taught rational ethics; they regarded the popular superstitions with indulgent contempt; but they inculcated the duty of honouring the gods, and the observance of public ceremonial. Beyond these limits the practice of local and customary worship was, I think, free and unrestrained; though I need hardly add that toleration, as understood by the States of antiquity, was a very different thing from the modern principle of religious neutrality. Under the Roman government the connection between the State and religion was much closer, as the dominion of Rome expanded and its power became centralised. The Roman State maintained a strict control and superintendence over the official rituals and worships, which were regulated as a department of the administration, to bind the people together by established rites and worships, in order to cement political and social unity. It is true that the usages of the tribes and principalities that were conquered and annexed were left undisturbed; for the Roman policy, like that of the English in India, was to avoid giving offence to religion; and undoubtedly this policy, in both instances, materially facilitated the rapid building up of a wide dominion. Nevertheless, there was a tendency to draw in the worship toward a common centre. The deities of the conquered provinces were respected and conciliated; the Roman generals even appealed to them for protection and favour, yet they became absorbed and assimilated under Roman names; they were often identified with the gods of the Roman pantheon, and were frequently superseded by the victorious divinities of the new rulers—the strange deities, in fact, were Romanised as well as the foreign tribes and cities. After this manner the Roman empire combined the tolerance of great religious diversity with the supremacy of a centralised government. Political amalgamation brought about a fusion of divine attributes; and latterly the emperor was adored as the symbol of manifest power, ruler and pontiff; he was the visible image of supreme authority. This régime was easily accepted by the simple unsophisticated paganism of Europe. The Romans, with all their statecraft, had as yet no experience of a high religious temperature, of enthusiastic devotion and divine mysteries. But as their conquest and commerce spread eastward, the invasion of Asia let in upon Europe a flood of Oriental divinities, and thus Rome came into contact with much stronger and deeper spiritual forces. The European polytheism might be utilised and administered, the Asiatic deities could not be domesticated and subjected to regulation; the Oriental orgies and strange rites broke in upon the organised State worship; the new ideas and practices came backed by a profound and fervid spiritualism. Nevertheless the Roman policy of bringing religion under authoritative control was more or less successful even in the Asiatic provinces of the empire; the privileges of the temples were restricted; the priesthoods were placed under the general superintendence of the proconsular officials; and Roman divinities gradually found their way into the Asiatic pantheon. But we all know that the religion of the Roman empire was falling into multitudinous confusion when Christianity arose—an austere exclusive faith, with its army of saints, ascetics, and unflinching martyrs, proclaiming worship to be due to one God only, and sternly refusing to acknowledge the divinity of the emperor. Against such a faith an incoherent disorderly polytheism could make no better stand than tribal levies against a disciplined army. The new religion struck directly at the sacrifices that symbolised imperial unity; the passive resistance of Christians was necessarily treated as rebellion, the State made implacable war upon them. Yet the spiritual and moral forces won the victory, and Christianity established itself throughout the empire. Universal religion, following upon universal civil dominion, completed the levelling of local and national distinctions. The Churches rapidly grew into authority superior to the State within their own jurisdiction; they called in the temporal government to enforce theological decisions and to put down heresies; they founded a powerful hierarchy. The earlier Roman constitution had made religion an instrument of administration. When one religion became universal, the churches enlisted the civil ruler into the service of orthodoxy; they converted the State into an instrument for enforcing religion. The pagan empire had issued edicts against Christianity and had suppressed Christian assemblies as tainted with disaffection; the Christian emperors enacted laws against the rites and worships of paganism, and closed temples. It was by the supreme authority of Constantine that, for the first time in the religious history of the world, uniformity of belief was defined by a creed, and sanctioned by the ruler’s assent.

Then came, in Western Europe, the time when the empire at Rome was rent asunder by the inrush of barbarians; but upon its ruins was erected the great Catholic Church of the Papacy, which preserved in the ecclesiastical domain the autocratic imperial tradition. The primacy of the Roman Church, according to Harnack, is essentially the transference to her of Rome’s central position in the religions of the heathen world; the Church united the western races, disunited politically, under the common denomination of Christianity. Yet Christianity had not long established itself throughout all the lands, in Europe and Asia, which had once been under the Roman sovereignty, when the violent irruptions of Islam upset not only the temporal but also the spiritual dominion throughout Western Asia, and along the southern shores of the Mediterranean. The Eastern empire at Constantinople had been weakened by bitter theological dissensions and heresies among the Christians; the votaries of the new, simple, unswerving faith of Mohammed were ardent and unanimous.

In Egypt and Syria the Mohammedans were speedily victorious; the Latin Church and even the Latin language were swept out of North Africa. In Persia the Sassanian dynasty was overthrown, and although there was no immediate and total conversion of the people, Mohammedanism gradually superseded the ancient Zoroastrian cultus as the religion of the Persian State. It was not long before the armies of Islam had triumphed from the Atlantic coast to the Jaxartes river in Central Asia; and conversion followed, speedily or slowly, as the direct result of conquest. Moreover, the Mohammedans invaded Europe. In the south-west they subdued almost all Spain; and in the south-east they destroyed, some centuries later, the Greek empire, though not the Greek Church, and consolidated a mighty rulership at Constantinople. With this prolonged conflict between Islam and Christianity along the borderlands of Europe and Asia began the era of those religious wars that have darkened the history of the Western nations, and have perpetuated the inveterate antipathy between Asiatic and European races, which the spread of Christianity into both continents had softened and might have healed. In the end Christianity has fixed itself permanently in Europe, while Islam is strongly established throughout half Asia. But the sharp collision between the two faiths, the clash of armies bearing the cross and the crescent, generated fierce fanaticism on both sides. The Crusades kindled a fiery militant and missionary spirit previously unknown to religions, whereby religious propagation became the mainspring and declared object of conquest and colonisation.

Finally, in the sixteenth and seventeenth centuries the great secession from the Roman Church divided the nations of Western Europe into hostile camps, and throughout the long wars of that period political jealousies and ambitions were inflamed by religious animosities. In Eastern Europe the Greek Church fell under almost complete subordination to the State. The history of Europe and Western Asia records, therefore, a close connection and community of interests between the States and the orthodox faiths; a combination which has had a very potent influence, during many centuries, upon the course of civil affairs, upon the fortunes, or misfortunes, of nations.

Up to the sixteenth century, at least, it was universally held, by Christianity and by Islam, that the State was bound to enforce orthodoxy; conversion and the suppression or expulsion of heretics were public duties. Unity of creed was thought necessary for national unity—a government could not undertake to maintain authority, or preserve the allegiance of its subjects, in a realm divided and distracted by sectarian controversies. On these principles Christianity and Islam were consolidated, in union with the States or in close alliance with them; and the geographical boundaries of these two faiths, and of their internal divisions respectively, have not materially changed up to the present day.

Let me now turn to the history of religion in those countries of further Asia, which were never reached by Greek or Roman conquest or civilisation, where the ancient forms of worship and conceptions of divinity, which existed before Christianity and Islam, still flourish. And here I shall only deal with the relations of the State to religion in India and China and their dependencies, because these vast and populous empires contain the two great religions, Hinduism and Buddhism, of purely Asiatic origin and character, which have assimilated to a large extent, and in a certain degree elevated, the indigenous polytheism, and which still exercise a mighty influence over the spiritual and moral condition of many millions. We know what a tremendous power religion has been in the wars and politics of the West. I submit that in Eastern Asia, beyond the pale of Islam, the history of religion has been very different. Religious wars—I mean wars caused by the conflict of militant faiths contending for superiority—were, I believe, unknown on any great scale to the ancient civilisations. It seems to me that until Islam invaded India the great religious movements and changes in that region had seldom or never been the consequence of, nor had been materially affected by, wars, conquests, or political revolutions. Throughout Europe and Mohammedan Asia the indigenous deities and their temples have disappeared centuries ago; they have been swept away by the forces of Church and State combined to exterminate them; they have all yielded to the lofty overruling ideal of monotheism.

But the tide of Mohammedanism reached its limit in India; the people, though conquered, were but partly converted, and eastward of India there have been no important Mohammedan rulerships. On this side of Asia, therefore, two great religions, Buddhism and Brahmanism, have held their ground from times far anterior to Christianity; they have retained the elastic comprehensive character of polytheism, purified and elevated by higher conceptions, developed by the persistent competition of diverse ideas and forms among the people, unrestrained by attempts of superior organised faiths to obliterate the lower and weaker species. In that region political despotism has prevailed immemorially; religious despotism, in the sense of the legal establishment of one faith or worship to the exclusion of all others, of uniformity imposed by coercion, of proselytism by persecution, is unknown to history: the governments have been absolute and personal; the religions have been popular and democratic. They have never been identified so closely with the ruling power as to share its fortunes, or to be used for the consolidation of successful conquest. Nor, on the other hand, has a ruler ever found it necessary, for the security of his throne, to conform to the religion of his subjects, and to abjure all others. The political maxim, that the sovereign and his subjects should be of one and the same religion, ‘Cujus regio ejus religio’, has never prevailed in this part of the world.

And although in India, the land of their common origin, Buddhism widely displaced and overlaid Brahmanism, while it was in its turn, after several centuries, overcome and ejected by a Brahmanic revival, yet I believe that history records no violent contests or collisions between them; nor do we know that the armed force of the State played any decisive part in these spiritual revolutions. I do not maintain that Buddhism has owed nothing to State influence. It represents certain doctrines of the ancient Indian theosophy, incarnate, as one might say, in the figure of a spiritual Master, the Indian prince, Sakya Gautama, who was the type and example of ascetic quietism; it embodies the idea of salvation, or emancipation attainable by man’s own efforts, without aid from priests or divinities. Buddhism is the earliest, by many centuries, of the faiths that claim descent from a personal founder. It emerges into authentic history with the empire of Asoka, who ruled over the greater part of India some 250 years before Christ, and its propagation over his realm and the countries adjacent is undoubtedly due to the influence, example, and authority of that devout monarch.

According to Mr. Vincent Smith, from whose valuable work on the Early History of India I take the description of Asoka’s religious policy, the king, renouncing after one necessary war all further military conquest, made it the business of his life to employ his autocratic power in directing the preaching and teaching of the Law of Piety, which he had learnt from his Buddhist priesthood. All his high officers were commanded to instruct the people in the way of salvation; he sent missions to foreign countries; he issued edicts promulgating ethical doctrines, and the rules of a devout life; he made pilgrimages to the sacred places; and finally he assumed the yellow robe of a Buddhist monk.

Asoka elevated, so Mr. Smith has said, a sect of Hinduism to the rank of a world-religion. Nevertheless, I think it may be affirmed that the emperor consistently refrained from the forcible conversion of his subjects, and indeed the use of compulsion would have apparently been a breach of his own edicts, which insist on the principle of toleration, and declare the propagation of the Law of Piety to be his sole object. Asoka made no attempt to persecute Brahmanism; and it seems clear that the extraordinary success of Buddhism in India cannot be attributed to war or to conquest. To imperial influence and example much must be ascribed, yet I think Buddhism owed much more to its spiritual potency, to its superior faculty of transmuting and assimilating, instead of abolishing, the elementary instincts and worships, endowing them with a higher significance, attracting and stimulating devotion by impressive rites and ceremonies, impressing upon the people the dogma of the soul’s transmigration and its escape from the miseries of sentient existence by the operation of merits. And of all great religions it is the least political, for the practice of asceticism and quietism, of monastic seclusion from the working world, is necessarily adverse to any active connection with mundane affairs.

I do not know that the mysterious disappearance of Buddhism from India can be accounted for by any great political revolution, like that which brought Islam into India. It seems to have vanished before the Mohammedans had gained any footing in the country.

Meanwhile Buddhism is said to have penetrated into the Chinese empire by the first century of the Christian era. Before that time the doctrines of Confucius and Laotze were the dominant philosophies; rather moral than religious, though ancestral worship and the propitiation of spirits were not disallowed, and were to a certain extent enjoined. Laotze, the apostle of Taoism, appears to have preached a kind of Stoicism—the observance of the order of Nature in searching for the right way of salvation, the abhorrence of vicious sensuality—and the cultivation of humility, self-sacrifice, and simplicity of life. He condemned altogether the use of force in the sphere of religion or morality; though he admitted that it might be necessary for the purposes of civil government. The system of Confucius inculcated justice, benevolence, self-control, obedience and loyalty to the sovereign—all the civic virtues; it was a moral code without a metaphysical background; the popular worships were tolerated, reverence for ancestors conduced to edification; the gods were to be honoured, though it was well to keep aloof from them; he disliked religious fervour, and of things beyond experience he had nothing to say.

Buddhism, with its contempt for temporal affairs, treating life as a mere burden, and the soul’s liberation from existence as the end and object of meditative devotion, must have imported a new and disturbing element into the utilitarian philosophies of ancient China. For many centuries Buddhism, Taoism, and Confucianism are said to have contended for the patronage and recognition of the Chinese emperors. Buddhism was alternately persecuted and protected, expelled and restored by imperial decree. Priesthoods and monastic orders are institutions of which governments are naturally jealous; the monasteries were destroyed or rebuilt, sacerdotal orders and celibacy suppressed or encouraged by imperial decrees, according to the views and prepossessions of successive dynasties or emperors. Nevertheless the general policy of Chinese rulers and ministers seems not to have varied essentially. Their administrative principle was that religion must be prevented from interfering with affairs of State, that abuses and superstitious extravagances are not so much offences against orthodoxy as matters for the police, and as such must be put down by the secular arm. Upon this policy successive dynasties appear to have acted continuously up to the present day in China, where the relations of the State to religions are, I think, without parallel elsewhere in the modern world. One may find some resemblance to the attitude of the Roman emperors towards rites and worships among the population, in the Chinese emperor’s reverent observance and regulation of the rites and ceremonies performed by him as the religious chief and representative before Heaven of the great national interests. The deification of deceased emperors is a solemn rite ordained by proclamation. As the Ius sacrum, the body of rights and duties in the matter of religion, was regarded in Rome as a department of the Ius publicum, belonging to the fundamental constitution of the State, so in China the ritual code was incorporated into the statute books, and promulgated with imperial sanction. Now we know that in Rome the established ritual was legally prescribed, though otherwise strange deities and their worships were admitted indiscriminately. But the Chinese Government goes much further. It appears to regard all novel superstitions, and especially foreign worships, as the hotbed of sedition and disloyalty. Unlicensed deities and sects are put down by the police; magicians and sorcerers are arrested; and the peculiar Chinese practice of canonising deceased officials and paying sacrificial honours to local celebrities after death is strictly reserved by the Board of Ceremonies for imperial consideration and approval. The Censor, to whom any proposal of this kind must be entrusted, is admonished that he must satisfy himself by inquiry of its validity. An official who performs sacred rites in honour of a spirit or holy personage not recognised by the Ritual Code, was liable, under laws that may be still in force, to corporal punishment; and the adoration by private families of spirits whose worship is reserved for public ceremonial was a heinous offence. No such rigorous control over the multiplication of rites and deities has been instituted elsewhere. On the other hand, while in other countries the State has recognised no more than one established religion, the Chinese Government formally recognises three denominations. Buddhism has been sanctioned by various edicts and endowments, yet the State divinities belong to the Taoist pantheon, and their worship is regulated by public ordinances; while Confucianism represents official orthodoxy, and its precepts embody the latitudinarian spirit of the intellectual classes. We know that the Chinese people make use, so to speak, of all three religions indiscriminately, according to their individual whims, needs, or experience of results. So also a politic administration countenances these divisions and probably finds some interest in maintaining them. The morality of the people requires some religious sanction; and it is this element with which the State professes its chief concern. We are told on good authority that one of the functions of high officials is to deliver public lectures freely criticising and discouraging indolent monasticism and idolatry from the standpoint of rational ethics, as follies that are reluctantly tolerated. Yet the Government has never been able to keep down the fanatics, mystics, and heretical sects that are incessantly springing up in China, as elsewhere in Asia; though they are treated as pestilent rebels and law-breakers, to be exterminated by massacre and cruel punishments; and bloody repression of this kind has been the cause of serious insurrections. It is to be observed that all religious persecution is by the direct action of the State, not instigated or insisted upon by a powerful orthodox priesthood. But a despotic administration which undertakes to control and circumscribe all forms and manifestations of superstition in a vast polytheistic multitude of its subjects, is inevitably driven to repressive measures of the utmost severity. Neither Christianity nor Islam attempted to regulate polytheism, their mission was to exterminate it, and they succeeded mainly because in those countries the State was acting with the support and under the uncompromising pressure of a dominant church or faith. Some writers have noticed a certain degree of resemblance between the policy of the Roman empire and that of the Chinese empire toward religion. We may read in Gibbon that the Roman magistrates regarded the various modes of worship as equally useful, that sages and heroes were exalted to immortality and entitled to reverence and adoration, and that philosophic officials, viewing with indulgence the superstitions of the multitude, diligently practised the ceremonies of their fathers. So far, indeed, his description of the attitude of the State toward polytheism may be applicable to China; but although the Roman and Chinese emperors both assumed the rank of divinity, and were supreme in the department of worships, the Roman administration never attempted to regulate and restrain polytheism at large on the Chinese system. The religion of the Gentiles, said Hobbes, is a part of their policy; and it may be said that this is still the policy of Oriental monarchies, who admit no separation between the secular and the ecclesiastic jurisdiction. They would agree with Hobbes that temporal and spiritual government are but two words brought into the world to make men see double and mistake their lawful sovereign. But while in Mohammedan Asia the State upholds orthodox uniformity, in China and Japan the mainspring of all such administrative action is political expediency. It may be suggested that in the mind of these far-Eastern people religion has never been conceived as something quite apart from human experience and the affairs of the visible world; for Buddhism, with its metaphysical doctrines, is a foreign importation, corrupted and materialised in China and Japan. And we may observe that from among the Mongolian races, which have produced mighty conquerors and founded famous dynasties from Constantinople to Pekin, no mighty prophet, no profound spiritual teacher, has arisen. Yet in China, as throughout all the countries of the Asiatic mainland, an enthusiast may still gather together ardent proselytes, and fresh revelations may create among the people unrest that may ferment and become heated up to the degree of fanaticism, and explode against attempts made to suppress it. The Taeping insurrection, which devastated cities and provinces in China, and nearly overthrew the Manchu dynasty, is a striking example of the volcanic fires that underlie the surface of Asiatic societies. It was quenched in torrents of blood after lasting some ten years. And very recently there has been a determined revolt of the Lamas in Eastern Tibet, where the provincial administration is, as we know, sacerdotal.

The imperial troops are said to be crushing it with unrelenting severity. These are the perilous experiences of a philosophic Government that assumes charge and control over the religions of some three hundred millions of Asiatics.

I can only make a hasty reference to Japan. In that country the relations of the State to religions appear to have followed the Chinese model. Buddhism, Confucianism, Shintoism, are impartially recognised. The emperor presides over official worship as high priest of his people; the liturgical ordinances are issued by imperial rescripts not differing in form from other public edicts. The dominant article of faith is the divinity of Japan and its emperor; and Shinto, the worship of the gods of nature, is understood to be patronised chiefly with the motive of preserving the national traditions. But in Japan the advance of modern science and enlightened scepticism may have diminished the importance of the religious department. Shinto, says a recent writer, still embodies the religion of the people; yet in 1877 a decree was issued declaring it to be no more than a convenient system of State ceremonial.[ The Development of Religion in Japan, G. W. Knox, 1907] And in 1889 an article of the constitution granted freedom of belief and worship to all Japanese subjects, without prejudice to peace, order, and loyalty.

In India the religious situation is quite different. I think it is without parallel elsewhere in the world. Here we are at the fountainhead of metaphysical theology, of ideas that have flowed eastward and westward across Asia. And here, also, we find every species of primitive polytheism, unlimited and multitudinous; we can survey a confused medley of divinities, of rites and worships incessantly varied by popular whim and fancy, by accidents, and by the pressure of changing circumstances. Hinduism permits any doctrine to be taught, any sort of theory to be held regarding the divine attributes and manifestations, the forces of nature, or the mysterious functions of mind or body. Its tenets have never been circumscribed by a creed; its free play has never been checked or regulated by State authority. Now, at first sight, this is not unlike the popular polytheism of the ancient world, before the triumph of Christianity. There are passages in St. Augustine’s Civitas Dei, describing the worship of the unconverted pagans among whom he lived, that might have been written yesterday by a Christian bishop in India. And we might ask why all this polytheism was not swept out from among such a highly intellectual people as the Indians, with their restless pursuit of divine knowledge, by some superior faith, by some central idea. Undoubtedly the material and moral conditions, and the course of events which combine to stamp a particular form of religion upon any great people, are complex and manifold; but into this inquiry I cannot go. I can only point out that the institution of caste has riveted down Hindu society into innumerable divisions upon a general religious basis, and that the sacred books separated the Hindu theologians into different schools, preventing uniformity of worship or of creed. And it is to be observed that these books are not historical; they give no account of the rise and spread of a faith. The Hindu theologian would say, in the words of an early Christian father, that the objects of divine knowledge are not historical, that they can only be apprehended intellectually, that within experience there is no reality. And the fact that Brahmanism has no authentic inspired narrative, that it is the only great religion not concentrated round the life and teachings of a person, may be one reason why it has remained diffuse and incoherent. All ways of salvation are still open to the Hindus; the canon of their scripture has never been authoritatively closed. New doctrines, new sects, fresh theological controversies, are incessantly modifying and superseding the old scholastic interpretations of the mysteries, for Hindus, like Asiatics everywhere, are still in that condition of mind when a fresh spiritual message is eagerly received. Vishnu and Siva are the realistic abstractions of the understanding from objects of sense, from observation of the destructive and reproductive operations of nature; they represent among educated men separate systems of worship which, again, are parted into different schools or theories regarding the proper ways and methods of attaining to spiritual emancipation. Yet the higher philosophy and the lower polytheism are not mutually antagonistic; on the contrary, they support each other; for Brahmanism accepts and allies itself with the popular forms of idolatry, treating them as outward visible signs of an inner truth, as indications of all-pervading pantheism. The peasant and the philosopher reverence the same deity, perform the same rite; they do not mean the same thing, but they do not quarrel on this account. Nevertheless, it is certainly remarkable that this inorganic medley of ideas and worships should have resisted for so many ages the invasion and influence of the coherent faiths that have won ascendancy, complete or dominant, on either side of India, the west and the east; it has thrown off Buddhism, it has withstood the triumphant advance of Islam, it has as yet been little affected by Christianity. Probably the political history of India may account in some degree for its religious disorganisation. I may propound the theory that no religion has obtained supremacy, or at any rate definite establishment, in any great country except with the active co-operation, by force or favour, of the rulers, whether by conquest, as in Western Asia, or by patronage and protection, as in China. The direct influence and recognition of the State has been an indispensable instrument of religious consolidation. But until the nineteenth century the whole of India, from the mountains to the sea, had never been united under one stable government; the country was for ages parcelled out into separate principalities, incessantly contending for territory. And even the Moghul empire, which was always at war upon its frontiers, never acquired universal dominion. The Moghul emperors, except Aurungzeb, were by no means bigoted Mohammedans; and their obvious interest was to abstain from meddling with Hinduism. Yet the irruption of Islam into India seems rather to have stimulated religious activity among the Hindus, for during the Mohammedan period various spiritual teachers arose, new sects were formed, and theological controversies divided the intellectual classes. To these movements the Mohammedan governments must have been for a long time indifferent; and among the new sects the principle of mutual toleration was universal. Towards the close of the Moghul empire, however, Hinduism, provoked by the bigotry of the Emperor Aurungzeb, became a serious element of political disturbance. Attempts to suppress forcibly the followers of Nanak Guru, and the execution of one spiritual leader of the Sikhs, turned the Sikhs from inoffensive quietists into fanatical warriors; and by the eighteenth century they were in open revolt against the empire. They were, I think, the most formidable embodiment of militant Hinduism known to Indian history. By that time, also, the Marathas in South-West India were declaring themselves the champions of the Hindu religion against the Mohammedan oppression; and to the Sikhs and Marathas the dislocation of the Moghul empire may be very largely attributed. We have here a notable example of the dynamic power upon politics of revolts that are generated by religious fermentation, and a proof of the strength that can be exerted by a pacific inorganic polytheism in self-defence, when ambitious rebels proclaim themselves defenders of a faith. The Marathas and the Sikhs founded the only rulerships whose armies could give the English serious trouble in the field during the nineteenth century. On the whole, however, when we survey the history of India, and compare it with that of Western Asia, we may say that although the Hindus are perhaps the most intensely religious people in the world, Hinduism has never been, like Christianity, Islam, and to some extent Buddhism, a religion established by the State. Nor has it suffered much from the State’s power. It seems strange, indeed, that Mohammedanism, a compact proselytising faith, closely united with the civil rulership, should have so slightly modified, during seven centuries of dominion, this infinitely divided polytheism. Of course, Mohammedanism made many converts, and annexed a considerable number of the population—yet the effect was rather to stiffen than to loosen the bonds that held the mass of the people to their traditional divinities, and to the institution of castes. Moreover the antagonism of the two religions, the popular and the dynastic, was a perpetual element of weakness in a Mohammedan empire. In India polytheism could not be crushed, as in Western Asia, by Islam; neither could it be controlled and administered, as in Eastern Asia; yet the Moghul emperors managed to keep on good terms with it, so long as they adhered to a policy of toleration. To the Mohammedan empire has succeeded another foreign dominion, which practises not merely tolerance but complete religious neutrality.

Looking back over the period of a hundred years, from 1757 to 1857, during which the British dominion was gradually extended over India, we find that the British empire, like the Roman, met with little or no opposition from religion. Hindus and Mohammedans, divided against each other, were equally willing to form alliances with, and to fight on the side of, the foreigner who kept religion entirely outside politics. And the British Government, when established, has so carefully avoided offence to caste or creed that on one great occasion only, the Sepoy Mutiny of 1857, have the smouldering fires of credulous fanaticism broken out against our rule. I believe the British-Indian position of complete religious neutrality to be unique among Asiatic governments, and almost unknown in Europe. The Anglo-Indian sovereignty does not identify itself with the interests of a single faith, as in Mohammedan kingdoms, nor does it recognise a definite ecclesiastical jurisdiction in things spiritual, as in Catholic Europe. Still less has our Government adopted the Chinese system of placing the State at the head of different rituals for the purpose of controlling them all, and proclaiming an ethical code to be binding on all denominations. The British ruler, while avowedly Christian, ignores all religions administratively, interfering only to suppress barbarous or indecent practices when the advance of civilisation has rendered them obsolete. Public instruction, so far as the State is concerned, is entirely secular; the universal law is the only authorised guardian of morals; to expound moral duties officially, as things apart from religion, has been found possible in China, but not in India. But the Chinese Government can issue edicts enjoining public morality and rationalism because the State takes part in the authorised worship of the people, and the emperor assumes pontifical office. The British Government in India, on the other hand, disowns official connection with any religion. It places all its measures on the sole ground of reasonable expediency, of efficient administration; it seeks to promote industry and commerce, and material civilisation generally; it carefully avoids giving any religious colour whatever to its public acts; and the result is that our Government, notwithstanding its sincere professions of absolute neutrality, is sometimes suspected of regarding all religion with cynical indifference, possibly even with hostility. Moreover, religious neutrality, though it is right, just, and the only policy which the English in India could possibly adopt, has certain political disadvantages. The two most potent influences which still unite and divide the Asiatic peoples, are race and religion; a Government which represents both these forces, as, for instance, in Afghanistan, has deep roots in a country. A dynasty that can rely on the support of an organised religion, and stands forth as the champion of a dominant faith, has a powerful political power at its command. The Turkish empire, weak, ill-governed, repeatedly threatened with dismemberment, embarrassed internally by the conflict of races, has been preserved for the last hundred years by its incorporation with the faith of Islam, by the Sultan’s claim to the Caliphate. To attack it is to assault a religious citadel; it is the bulwark on the west of Mohammedan Asia, as Afghanistan is the frontier fortress of Islam on the east. A leading Turkish politician has very recently said: ‘It is in Islam pure and simple that lies the strength of Turkey as an independent State; and if the Sultan’s position as religious chief were encroached upon by constitutional reforms, the whole Ottoman empire would be in danger.’ We have to remember that for ages religious enthusiasm has been, and still is in some parts of Asia, one of the strongest incentives to military ardour and fidelity to a standard on the battlefield. Identity of creed has often proved more effective, in war, than territorial patriotism; it has surmounted racial and tribal antipathies; while religious antagonism is still in many countries a standing impediment to political consolidation. When, therefore, we survey the history of religions, though this sketch is necessarily very imperfect and inadequate, we find Mohammedanism still identified with the fortunes of Mohammedan rulers; and we know that for many centuries the relations of Christianity to European States have been very close. In Europe the ardent perseverance and intellectual superiority of great theologians, of ecclesiastical statesmen supported by autocratic rulers, have hardened and beat out into form doctrines and liturgies that it was at one time criminal to disregard or deny, dogmatic articles of faith that were enforced by law. By these processes orthodoxy emerged compact, sharply defined, irresistible, out of the strife and confusion of heresies; the early record of the churches has pages spotted with tears and stained with blood. But at the present time European States seem inclined to dissolve their alliance with the churches, and to arrange a kind of judicial separation between the altar and the throne, though in very few cases has a divorce been made absolute. No State, in civilised countries, now assists in the propagation of doctrine; and ecclesiastical influence is of very little service to a Government. The civil law, indeed, makes continual encroachments on the ecclesiastical domain, questions its authority, and usurps its jurisdiction. Modern erudition criticises the historical authenticity of the scriptures, philosophy tries to undermine the foundations of belief; the governments find small interest in propping up edifices that are shaken by internal controversies. In Mohammedan Asia, on the other hand, the connection between the orthodox faith and the States is firmly maintained, for the solidarity is so close that disruptions would be dangerous, and a Mohammedan rulership over a majority of unbelievers would still be perilously unstable. I have thus endeavoured to show that the historical relations of Buddhism and Hinduism to the State have been in the past, and are still in the present time, very different from the situation in the West. There has always existed, I submit, one essential distinction of principle. Religious propagation, forcible conversion, aided and abetted by the executive power of the State, and by laws against heresy or dissent, have been defended in the West by the doctors of Islam, and formerly by Christian theologians, by the axiom that all means are justifiable for extirpating false teachers who draw souls to perdition. The right and duty of the civil magistrate to maintain truth, in regard to which Bossuet declared all Christians to be unanimous, and which is still affirmed in the Litany of our Church, is a principle from which no Government, three centuries ago, dissented in theory, though in practice it needed cautious handling. I do not think that this principle ever found its way into Hinduism or Buddhism; I doubt, that is to say, whether the civil government was at any time called in to undertake or assist propagation of those religions as part of its duty. Nor do I know that the States of Eastern Asia, beyond the pale of Islam, claim or exercise the right of insisting on conformance to particular doctrines, because they are true. The erratic manifestations of the religious spirit throughout Asia, constantly breaking out in various forms and figures, in thaumaturgy, mystical inspiration, in orgies and secret societies, have always disquieted these Asiatic States, yet, so far as I can ascertain, the employment of force to repress them has always been justified on administrative or political grounds, as distinguishable from theological motives pure and simple. Sceptics and agnostics have been often marked out for persecution in the West, but I do not think that they have been molested in India, China, or Japan, where they abound, because they seldom meddle with politics.[ ‘Atheism did never disturb States’ (Bacon)]. It may perhaps be admitted, however, that a Government which undertakes to regulate impartially all rites and worship among its subjects is at a disadvantage by comparison with a Government that acts as the representative of a great church or an exclusive faith. It bears the sole undivided responsibility for measures of repression; it cannot allege divine command or even the obligation of punishing impiety for the public good. To conclude. In Asiatic States the superintendence of religious affairs is an integral attribute of the sovereignty, which no Government, except the English in India, has yet ventured to relinquish; and even in India this is not done without some risk, for religion and politics are still intermingled throughout the world; they act and react upon each other everywhere. They are still far from being disentangled in our own country, where the theory that a Government in its collective character must profess and even propagate some religion has not been very long obsolete. It was maintained seventy years ago by a great statesman who was already rising into prominence, by Mr. Gladstone. The text of Mr. Gladstone’s argument, in his book on the relations of the State with the Church, was Hooker’s saying, that the religious duty of kings is the weightiest part of their sovereignty; while Macaulay, in criticising this position, insisted that the main, if not the only, duty of a Government, to which all other objects must be subordinate, was the protection of persons and property. These two eminent politicians were, in fact, the champions of the ancient and the modern ideas of sovereignty; for the theory that a State is bound to propagate the religion that it professes was for many centuries the accepted theory of all Christian rulerships, though I think it now survives only in Mohammedan kingdoms. As the influence of religion in the sphere of politics declines, the State becomes naturally less concerned with the superintendence of religion; and the tendency of constitutional Governments seems to be towards abandoning it. The States that have completely dissolved connection with ecclesiastical institutions are the two great republics, the United States of America and France. We can discern at this moment a movement towards constitutional reforms in Mohammedan Asia, in Turkey, and Persia, and if they succeed it will be most interesting to observe the effect which liberal reforms will produce upon the relation of Mohammedan Governments with the dominant faith, and on which side the religious teachers will be arrayed. It is certain, at any rate, that for a long time to come religion will continue to be a potent factor in Asiatic politics; and I may add that the reconciliation of civil with religious liberty is one of the most arduous of the many problems to be solved by the promoters of national unity.”

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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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.

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

The 1940 Lahore Resolution of the Muslim League did not mention the word “Pakistan” but is considered its political blueprint.  MA Jinnah’s political support lay among  the Muslim elite in Muslim-minority areas of India — he needed a show of support from the Muslim-majority provinces of Punjab and Bengal too, and indeed Sikandar Hyat Khan and AK Fuzlul Huq  came to draft and present the Lahore Resolution.

Fuzlul Huq was Prime Minister of undivided Bengal from 1937-1943.  On 11 May 1942, he led the bridegroom’s procession when my father went to wed my mother.  Here is Fuzlul Huq entering the car to do so, with my grandfather Manindranath Roy helping him into the car.  My mother’s family were surprised; they were Bengali Brahmins from Jamshedpur and did not quite know what to make of all this.  My mother, aged 16  at the time,  remembers she was non-plussed to find Fuzlul Huq ‘s bulky frame  seated for some reason between her and her new husband in the car on the return journey too!

Fuzlul Huq, having been a young colleague of Surendranath Roy in the Bengal Legislative Council, was a family friend and treated my grandfather, Manindranath Roy, with affection.  (Manindranath was a Justice of the Peace, but unlike his father was not political.)

Fuzlul Huq would apparently make requests of my grandmother for delivered meals during political confabulations; my grandfather’s family had been forced to leave Behala as the family home had been requisitioned by the military to be a hospital during the war, and they lived instead  in Ballygunge.  My father recalls cycling from there with the requested food to the political confabulations in the middle of the wartime blackout (Japanese aeroplanes had apparently reached Calcutta on their bombing missions).

Here too is a note dated 9 August 1945 from Fuzlul Huq to my grandfather thanking him for food and sending his “best blessings” to my grandmother — a Muslim, one of the founders of Pakistan, sends  his blessings to an orthodox Hindu Brahmin family and everyone remains completely cheerful and apolitical: such was normal Indian secularism in practice at the time.   Partition between India and Pakistan and the ghastliness that accompanied it, and the hatred and bloodshed that has followed, were all quite beyond anyone’s imagination at the time.

see also https://independentindian.com/life-of-mk-roy-19152012-indian-aristocrat-diplomat-birth-centenary-concludes-7-nov-2016/

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/

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”.

Home Team Advantage

Home Team Advantage

On US-Iran talks and Sunni-Shia subtleties: Tehran must transcend its revolution and endorse the principle that the House of Islam has many mansions

First published in The Sunday Statesman Editorial Page, Special Article, June 3 2007


By SUBROTO ROY

On Monday 28 May in Baghdad,the American and Iranian Governments held their first official face-to-face talks in some 26 or 27 years. This sheer fact is a good thing. For more than two years there has been incessant sabre-rattling and gunboat diplomacy by the USA against Iran, as well as provocative words and deeds by Iran’s President against America’s Israeli ally (though it is apparently false his words included saying he wished Israel “wiped off the map”). Palmerston said there are no permanent allies among nations. The last unofficial transactions had to do with the notorious “Iran-contra” affair which blighted Ronald Reagan’s second term as President. Iran was sold American weapons from Israel (yes, the same Iran and same Israel) for use against Iraq (the same Saddam’s Iraq which had been Rumsfeld’s friend and which apparently received American intelligence and logistics help against yes, the same Iran); the moneys the Americans received were then used to pay for anti-Sandinista “contra” forces in Nicaragua (so they could, for example, buy American weapons too). Apart from that unofficial and embarrassing “Iran-contra” affair, the American and Iranian Governments had not had face-to-face discussion since diplomatic relations broke in 1980 during the “hostage crisis”.

Arthur Millspaugh, an American invited by the Iranians to help their public finances, once wrote: “Persia cannot be left to herself, even if the Russians were to keep their hands off politically.… Persia has never yet proved its capacity for independent self-government.” The title of his 1925 book America’s Task in Persia reflected the old paternalist attitude that an imperialist power must necessarily know better than local people what happens to be in their interest in the way a parent knows better than a child. Even that otherwise great libertarian JS Mill himself once suggested that contact with a “superior people” allowed rapid advancement. India’s “Lenin Peace Prize” winner and Soviet sympathiser KPS Menon Sr (grandfather of our present top diplomat) said the same after the 1979 invasion and occupation by the USSR of Afghanistan. Nationalists of all colours and times ~ from Tom Paine, Patrick Henry (“Give me liberty or give me death”) and George Washington to Bal Gangadhar Tilak (“Swaraj is my birthright and I shall have it”), Ho Chi Minh and Ayatollah Khomeini ~ would disagree.

Indeed, in the Iranian case, the Khomeini Revolution was the antithesis of the imperialist doctrine. But Iranian revolutionaries then seized the American Embassy on 4 November 1979 and took 66 hostages. Thirteen women and black Americans were released two weeks later; one man was released due to ill-health in July 1980. In a failed attempt to rescue the remaining 52, eight American military personnel died on 25 April 1980. The 52 hostages, including two women and one black, were released on 20 January 1981 under the “Algiers Accord”, a day before Reagan became President. Even if the US Embassy in Tehran had been a den of spies, as the Iranians claimed, the Revolutionary Government could have ordered them all to leave and ended diplomatic relations.

Instead hostages were taken in deliberate violation of international law. The United States Government under duress on 19 January 1981 had to sign the “Algiers Accord”, the first point of which stated: “Non-Intervention in Iranian Affairs: The United States pledges that it is and from now on will be the policy of the United States not to intervene, directly or indirectly, politically or militarily, in Iran’s internal affairs.” That was the “blowback” from the coup d’etat against Iran’s democratic government under Mossadeq in 1953 which the CIA had engineered. Modern US-Iran relations have been about two wrongs ~ indeed multiple wrongs ~ not making a right.

From Algiers until the Baghdad meeting there was no official interaction between the USA and Iran (besides the Iran-contra affair and American relief supplies during an Iranian earthquake). The present US-Iran talks had to do with the catastrophic mess in Iraq, and were held via the current Al-Maliki Government of Iraq which is beholden to both as patrons.

Saddam’s Iraq had been officially secular not an “Islamic Republic”. But its Baathist national-socialism (with yes, a few silly Nazi aspects) had been populated mostly by Saddam’s fellow Sunnis, and there was some vicious anti-Shia persecution.
Doctrinally, the Sunni-Shia conflict may have originated during Prophet Muhammad’s lifetime. “In the words of al-Baghdadi, a Sunni is one who believes in the creation of the universe, the unity and pre-existence of its Maker, the apostolate of Muhammad, recognizes and observes the duties of the five prayers, fast of Ramazan, poor-rate and pilgrimage, and does not adulterate his faith with an abominable innovation which leads to heresy.” (Imtiaz Ahmad in Grewal ed. Religious Movements and Institutions in Medieval India, p.277). Shias claim that exegetical authorities, both Sunni and Shia, record the Prophet on 10 March 632 AD at the pool of Ghadir “while returning from his last pilgrimage to Mecca… delivered his farewell address” in which he declared Ali ibn Abi Talib his successor (S. Ali Nadeem Rezavi, ibid., p. 281). No logical contradiction between Sunnis and Shias seems obvious from this.

But there also have been racial and cultural aspects to the division. Arabs, though not Iraqi Arabs, are mostly Sunni while Iranians are mostly Shia. At the same time, Persian culture and history has had incorrigibly Zoroastrian roots just as Egypt was the land of the Pharoahs and Arabia of Meccan paganism. Mesopotamian culture has had Sumerian and Babylonian roots, and Indian Islam has grown among the cultures of Hindus, Buddhists, Jains and Sikhs. Intra-Muslim conflict will be reduced only when it becomes generally recognised that the House of Islam has had many mansions.

Saddam’s war against Khomeini’s Iran was not a religious war but one between two putative nation-states. In Iraqi junior schools during the war, a class of 40 pupils could be divided by academic merit such that the top 20 would play brave Iraqis in the school-play ~ the hapless bottom 20 had to play the wicked Persians, leaving them in tears as well as in simulated defeat.

What the current US-UK invasion and occupation of Iraq has quite deliberately accomplished is the destruction of Iraq as a putative nation-state and the fanning of mostly suppressed Shia-Sunni differences instead. The idea of “regime-change” in Teheran in the old way of the CIA coup against Mossadeq also has not been far from Anglo-American thinking in the current confrontation with Iran. “Who lost Iran?” was an American political slogan in the 1980s, and there are day-dreamers in Washington think-tanks today who have fantasies of Iran being run by compliant “Iranian-American” émigrés from Los Angeles. But instead the destruction of Saddam’s regime inevitably has led to Iran’s strengthening, as all Iraqi Shia forces made dominant as a result are, at least from a doctrinal standpoint within Islam, united with Tehran to greater or lesser degree. A new Iraq-Iran war is hard to imagine as along as Shias dominate Baghdad’s Government. Iran for its part needs to demonstrate that it has transcended its revolution and that it unequivocally endorses the principle that the House of Islam has many mansions.

The British and Americans are great lovers of sports and inventors of many modern games played on fields around the world, from cricket and soccer to basketball. Their Governments seem to have forgotten in their foreign policy theorising that there is such a thing as “home-team advantage”. Imperialists ultimately can never defeat nationalists, because, at the end of the day, imperialists have to either go home or (as Conrad and Coppola knew) “go native”. In the new Iran-USA talks, both sides may have sensed Iran has the home-team advantage. The most the United States can do to Iran is bomb it and leave.


India and Her Neighbours

We & Our Neighbours
Pakistanis And Bangladeshis Would Do Well To Learn From Sheikh Abdullah

by Subroto Roy

First published in The Statesman May 15 2007, Editorial Page Special Article, http://www.thestatesman.net

Pakistan and Bangladesh, unlike ourselves in India, have yet to properly establish elementary constitutional institutions. “Individuals may form communities, but it is institutions alone that can create a nation”, said Benjamin Disraeli. The continual political chaos on the streets of Pakistan and Bangladesh ~ not just in recent weeks but in recent years and decades ~ indicate such institutions are still lacking or stillborn there. Tear gas, water cannon and hordes of armed policemen to charge at enraged stone-throwing crowds are not part of any solution but part of the political problem itself.

One main purpose of constitutional institutions has to do with peaceful transfer of power from one political party to its adversary. Mulayam Singh Yadav has just transferred political power to Mayawati in Uttar Pradesh, an Indian State more populous than either Pakistan or Bangladesh. Not long ago Lalu Prasad Yadav did the same to Nitish Kumar in Bihar, and Atal Behari Vajpayee to an appointee of Sonia Gandhi for all India itself. Modern democratic institutions are precisely about such peaceful transfers of power after voters have acted periodically to try to “throw the rascals out”.

Honeymoon period
It would be foolish to suppose an incoming Government of UP, Bihar or all India itself will be very much better than the one it displaces. But certainly in its first few “honeymoon” months or weeks at least, it will not be any worse. The tail-end of any scheduled democratic government, whether in India, Britain, the USA or elsewhere, is quite a disgusting sight, as those in their last days of power grab whatever they can from office before departure without any pretence of shame or embarrassment. Serious decision-making in the public interest would have long ago ceased. Almost anything new would be better.

At the same time, among those coming into power there will be some earnest wish at least to make some small difference for the better ~ a wish that will surely disappear within weeks of entering office after which the old cynicism and corruption will take hold again, and it will be the same ugly business as usual. But certainly, voters can expect slightly fresh air for a brief time after they have thrown one party out of power and chosen to bring in another. That is as about as good as democracy gets in modern practice.

Of India’s dozen or more larger States, we have, in the sixth decade of our Constitution, quite a few in which bipartisan democratic processes have been taking shape. UP was not one of them, and it is to Mayawati’s credit that she has broken the pattern of hung assemblies and now heads a majority government. Bihar too had seemed in the monolithic grip of Lalu Yadav until Nitish Kumar broke it, though the latter’s honeymoon period is now long over and it is business quite as usual there. Madhya Pradesh, Punjab, Maharashtra, Rajasthan, Haryana, Andhra Pradesh, Karnataka, Kerala and even J&K each have a noticeable bipartisan nature developing with at least one “national” party present to be counted. Tamil Nadu has been bipartisan but in an unhealthy way based on the personality cults of antagonistic leaders rather than any political principles or class-interests ~ which is a pity as the old Madras once had seemed a source of some new rationality in Indian politics. West Bengal’s voters have been definitely bipartisan, the communist vote being no more than that of the Congress and Trinamul combined. But for decades the local Congress has been notoriously sold down the river to its communist adversary by the Congress “leadership” in Delhi, and that has allowed an entrenched and wholly corrupted communist cultural and political mindset to rule in Kolkata. The Basu-Bhattacharjee Government was palpably bewildered over the Singur and Nandigram events because of their self-induced delusion about the economic and political realities of the State.

Throughout India though, periodic elections have acquired enough legitimacy to be accepted as the means of peaceful change of government. And with bipartisan politics there is a tendency for the median voter to be wooed at election-time.

We have of course many other continuing problems in our political economy ~ most notorious of which is the rotten state of our public finances and the continuous massive deficit finance that has ruined our paper currency and banking system ever since Indira Gandhi’s rule, coinciding with the start of Manmohan Singh’s career as an economic bureaucrat and Pranab Mukherjee’s as a politician in the early 1970s. Our acceptance of the democratic way has to an extent depended on our notoriously irresponsible macroeconomic policies ~ since every State and Union Government entity has been allowed to face no effective binding financial budget-constraint, and all its perverse decision-making can flow eventually into the swamp that is our Public Debt which constitutes the asset-side of the domestic banking system. India’s cardinal problem then becomes one of how to improve our macroeconomics without losing our democracy ~ something the Sonia-Manmohan-Pranab Congress, the BJP/RSS and the Communists are all equally clueless about.

Across our borders, our Pakistani and Bangladeshi cousins were cut from the same constitutional cloth as ourselves, namely the 1935 Government of India Act and the Montague-Chelmsford reforms before that. But after Jinnah’s death they refused to admit this and instead embarked on trying to write and implement a Constitution for a new Caliphate. The initial demand was “That the sovereignty in Pakistan belongs to God Almighty alone and that the Government of Pakistan shall administer the country as His agent”. In Rashid Rida and Maulana Maududi’s words, Islam becomes “the very antithesis of secular Western democracy. The philosophical foundation of Western democracy is the sovereignty of the people. Lawmaking is their prerogative and legislation must correspond to the mood and temper of their opinion… Islam… altogether repudiates the philosophy of popular sovereignty and rears its polity on the foundations of the sovereignty of God and the viceregency (Khilafat) of man.” (Rosenthal, Islam & the Modern National State, Cambridge 1965). Pakistan’s constitutionalists thus have faced an impossible battle to overcome the ontological error of assuming that any mundane government can be in communication with God Almighty.

J&K’s Constitution
Now Sheikh Mohammad Abdullah was as pious a Muslim as any but was far more modern in his 5 November 1951 speech to J&K’s Constituent Assembly: “You are the sovereign authority in this State of Jammu & Kashmir; what you decide has the irrevocable force of law”. Referring to the American and French Constitutions, he said the “basic democratic principle” was of the “sovereignty of the nation”. “We should be clear about the responsibilities that this power invests us with. In front of us lie decisions of the highest national importance which we shall be called upon to take. Upon the correctness of our decisions depends not only the happiness of our land and people now, but the fate as well of generations to come.”

Can a modern conclave of Pervez Musharraf, Nawaz Sharif, Benazir Bhutto and Chaudhry Iftikhar Ahmed decide or declare any better for Pakistan today? Or one of Khaleda, Hasina and whichever cabal of generals and bureaucrats happens to head Bangladesh at present?

If Pakistan and Bangladesh each chose to restart with the modern-minded constitutional example Sheikh Abdullah set more than a half century ago in J&K, they may find their political problems less severe in due course. It is a long road ahead.

Uttar Pradesh Polity and Finance

Uttar Pradesh Polity & Finance


A Responsible New Govt May Want To Declare A Financial Emergency

First published in

The Statesman Editorial Page, March 24 2007

by

Subroto Roy

 

 

Uttar Pradesh goes to the polls beginning April 7. Nothing may succeed better in focusing the minds of its citizens and political candidates than some hard macroeconomic realities. Discussing UP’s public finances may be the first step to bringing cool rationality to the cauldron of its politics ~ consisting as it does of seemingly deep and irreconcilable divisions of religion, caste and personality.

 

UP shared initials of the old British “United Provinces of Agra and Oudh”, and in 1947 was mostly the same territory. It deserves better than to be known merely as our “Northern State”: UP has been India’s fulcrum, deeply affecting our history, culture and politics. There could have been today not merely a new Uttarakhand but also perhaps Agra, Bareilly (Rohilkhand), Jhansi (Bundelkhand), Meerut, Avadh (Ayodhya, Oudh), Kanauj, Varanasi etc.

 

 

History and politics

 

Each has had its history. Oudh was seen by the British before Dalhousie as a northern buffer for their Bengal possessions. Bareilly was “an important centre of disaffection” of Muslim soldiers against the British in 1857 and also where Hindus after Aurangzeb’s death in 1707 had “thrown off the imperial yoke” refusing to pay tribute to Delhi. The very idea of “Pakistan” was mostly a UP-invention. Long before Iqbal and Jinnah, Sayyid Ahmad Barelvi (1786-1831) initiated a mass migration of Muslims and created a theocratic principality in the NWFP (Tariqah-i-Muhammadiyah) which collapsed due to conflict between his Pashtun and North Indian followers. Pervez Musharraf’s family were frankly nostalgic during their India-visit, and indeed Pakistan’s Mohajirs long for fertile UP more than the arid country they in fact possess ~ even more than for J&K on which Pakistanis since Liaquat (UP’s most prominent Muslim legislator between 1926-1940) became fixated instead.

 

 

In the 1980s and 1990s, the “Ram Janambhoomi/Babri Masjid” dispute may have been mostly a gigantic, inchoate, incoherent national exercise in defining our identity: “Who are we?” or perhaps “Who are we not?” as modern Indians, questions that remain unanswered. Certainly, in 1908 the Imperial Gazetteer of India Vol XIX pp 279-280 reported: “After Babar had gained a footing in Hindustan by his victory at Panipat in 1526, and had advanced to Agra, the defeated Afghan house of Lodhi still occupied the Central Doab, Oudh, and the eastern districts of the present United Provinces. In 1527, Babar, on his return from Central India, defeated his opponents in Southern Oudh near Kanauj, and passed on through the Province as far as Ajodhya where he built a mosque in 1528, on the site renowned as the birthplace of Rama. The Afghans remained in opposition after the death of Babar in 1530, but were defeated near Lucknow in the following year.”

 

 

History books and doctoral theses should have been perhaps where all such old facts deserved to remain in a modern self-confident, self-aware India.

 

 

Today’s UP at more than 166 million people exceeds in population France and Germany combined. One in every six or seven Indians is from UP. The State has become notorious for its chaotic politics, its “history-sheeters”, its corruption, crimes, badlands, astrology and other superstition. Its popular power gets divided between Mulayam, Mayawati and the BJP: each the self-appointed spokesman of Muslims, “Bahujans” and Hindu upper castes respectively. Congress, once India’s grand old secular national party, has been side-lined in UP politics.

 

 

Yet UP’s pivotal role remains such that the healthiest development for Indian democracy today may be for the Lok Sabha Member from Rae Bareilly to close down 10 Janpath as a residence and office for herself, and live instead as an exemplary parliamentarian among the common people of her constituency, setting the example too for her son to do the same in Amethi. Their permanent departure from New Delhi, becoming prominent UP politicians instead, would be the desperately needed “tough love” required by the Congress Party ~ which finally, after many decades, would be compelled to grow up and elect a leadership for itself based on some real political principles and not mere sycophancy.

 

 

Focussing on UP’s Public Finances is the first constructive step towards a rational political economy arising in the interests of its many citizens. As with other States of our Union, it is not impossible to understand what is going on with UP’s finances, though it does take some serious effort. The State receives tax revenues, income from State operations (like bus fares etc), and grants transferred from the Union. Of these revenues, more than 70% arise from taxation. Of those taxes, about 45% is collected by the Union on behalf of the State according to the Finance Commission’s formulae; 55% is collected by the State itself, and about 50% of what the State collects is Sales Tax. On the expenditure side, some 43% has been going to repay the State’s debts plus interest owed on that debt. The remainder gets distributed as summarily shown in the table.

 

 

Audit and restructuring

As with the Union of India, as well as with other States like West Bengal, the wide difference between income and expenditure implies the Government must then issue new public debt, which typically has been a larger and larger sum every year, greater than the maturing debt being amortised or extinguished. The grave consequences of this will be obvious to any householder, and makes it imperative that calm, sober thought and objective analysis occur about UP’s financial condition and budget constraint. E.g., what is revealed at a higher level of detail is that in 2003-2004, Rs. 5.43 Bn (Rs 543 crores) were spent to collect Rs. 1.18 Bn (Rs. 118 crores) of land revenue! UP has also spent extraordinarily vast public resources (and World Bank loans) on electricity ~ yet its power supply remains dismal.

 

 

These kinds of facts may be enough for any responsible new Government of UP (perhaps even a “Unity Government”) to declare a financial emergency under Article 360 of the Constitution, followed by ordering the most stringent of audits of all government departments and projects using public resources as well as recognition of public assets, followed in turn by a restructuring of the public budget over a few years with the aim of cutting all waste, fraud and abuse, and directing public resources instead to areas of highest social usefulness.

The author is Contributing Editor, The Statesman

UP Government Finance 2003-2004
EXPENDITURE ACTIVITIES : Rs Billion (Hundred Crore)
government & local government
judiciary
police (including vigilance etc)
prisons
bureaucracy
collecting land revenue & taxes
government employee pensions
schools, colleges, universities, institutes
health, nutrition & family welfare
water supply & sanitation
roads, bridges, transport etc.
electricity
irrigation, flood cntrl., environ, ecology
agricultural subsidies, rural development
industrial subsidies
capital city development
social security, SC, ST, OBC, lab.welfare
tourism
arts, archaeology, libraries, museums
miscellaneous
debt amortization & debt servicing
total expenditure

30.33
3.17
25.81
1.13
11.63
8.41
29.00
62.79
18.97
6.04
16.13
200.22
29.98
16.07
8.19
1.08
18.36
0.20
0.37
0.53
373.60

3.52%
0.37%
2.99%
0.13%
1.35%
0.98%
3.36%
7.28%
2.20%
0.70%
1.87%
23.23%
3.48%
1.86%
0.95%
0.13%
2.13%
0.02%
0.04%
0.06%
43.34%

tax revenue
operational income
grants from Union
loans recovered
total income
268.74
22.82
24.82
124.98
Govt. Borrowing Requirement:
(total expenditure minus total income) 420.67
financd by:
new public debt issued
use of Trust Funds etc.

385.41
35.26
420.67

From the author’s research based on latest available data published by the C&AG of India

History of Jammu & Kashmir

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.

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.

see also

A Brief History of Gilgit

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

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

Racism New and Old

Racism New and Old

Subroto Roy

Editorial page, The Statesman September 8 2006

When Iraqi Sunni terrorists killed 11 Pakistani and three Indian Shia pilgrims on the same bus to Karbala the other day, they did not check passports or wait to hear discourses from their victims about the validity of Jinnah’s Two-Nations Theory or the RSS’s views on Akhand Bharat and Bharat-Mata. All Indians and Pakistanis of whatever religion are pretty much “Hindis” to the average Arab. If Pakistanis (much to their own chagrin) are indistinguishable from Indians in many Arab eyes, Hindus and Sikhs are (much to their own chagrin) indistinguishable from Muslims in many North American and British eyes. Matthai Chakko Kuruvila, the San Francisco Chronicle’s Religion Writer (and whose own splendid ethnicity may appear obvious to us from his name), reports Paul Silverstein, an American anthropologist, saying “Muslims are the new Jews… They are the object of a series of stereotypes, caricatures and fears which are not based in a reality and are independent of a person’s experience with Muslims.” Kuruvila says: “The Muslim caricature has ensnared Hindus, Mexicans and others” across the USA “with violence, suspicion and slurs”, giving new form to America’s “age-old dance around racial identity”.

Assimilation

The subcontinent’s Muslims, Hindus, Sikhs, Christians and others are from pretty much similar racial populations, so when we wish to distinguish ourselves from one another as we tend to do on the subcontinent, we wear turbans, beards, long hair, veils, bindis etc ~ symbols about which the average New Jersey “dot-buster” or British “Paki-basher” cares not a hoot. London last year even saw Jean Charles de Menezes, a young Brazilian electrician on his way to work in the morning, pinned down by an elite squad of Britain’s much-vaunted policemen and receive seven bullets point-blank in the back of his skull ~ merely for having “looked Asian”.

Subcontinental immigrant families in the West experience a defining moment when the wife first bobs her long hair and takes to wearing slacks, skirts or even shorts, just so she can leave home and assimilate better in the workplace or shopping mall. The saris, salwars and real jewellery are kept for the weekends when she meets people who will understand her as herself, namely, her friends and kith and kin in the immigrant community. When salwar or sari-clad women start fake-kissing one another in Western-style greeting at those weekends, the alternation of their identities (and confusion in their self-knowledge) may have become complete. A limiting point of such attempts at assimilation is reached perhaps when an Asian woman becomes a BBC or CNN newsreader, reading what she has been told to yet still narcissistically indulging in the extent of her external transformation.

Muslim-Hindu differences of religious and cultural beliefs and practices between racially similar peoples may be contrasted with the main fault-lines that have existed in Western societies in recent centuries: fault-lines of race and colour between European and African, and of race and religion between Jew and Gentile.

An eminent American legal scholar once said African slavery had been “the living lie” in America’s official heritage of democracy and individual freedom. Black America took one hundred years from Lincoln’s Emancipation Proclamation to Martin Luther King Jr., to begin to overcome the impossible odds against it. Sports, music, show-biz and the arts were obvious arenas for public demonstration of individual genius. Athletes like Jesse Owens, Joe Louis and Arthur Ashe, musicians like Duke Ellington, Nat King Cole and Eartha Kitt, “in-your-face” satirists like Sammy Davis Jr, Richard Pryor and Eddie Murphy upto and including modern rapsters and many thousands of others demonstrated that Black America was not going away anywhere, certainly not returning to Liberia, was going to stay in and permanently alter American life and culture, and wondered if anyone thought otherwise. The degree of assimilation into non-black cultures would be a matter of personal choice, not social or economic compulsion. During the Bush invasion of Iraq, Harry Belafonte re-ignited an old controversy when he referred to his fellow West Indian and perfectly assimilated Colin Powell in context of the “plantation slave”/”house slave” dichotomy: plantation slaves were externally oppressed but felt free within while house slaves had more comforts but were docile compradors inside their souls.

Immigrant communities from the subcontinent have had their share of the same. It has been all too easy for young people to reach academic highs in New Delhi or Kolkata only to escape to obscure corners of America and lead docile subservient unfulfilling lives forever afterwards, in exchange for material and ultimately meaningless rewards. It might be called the Madhuri Dixit Phenomenon of being transformed from celebrity-status in India to becoming a complete unknown in America.

Jewish-Gentile divide

The Jewish-Gentile divide in Western civilisation has been more insidious and damaging to mankind, and potentially remains so as the anger it generates has been transferred onto modern Muslims instead. At its unspoken roots is the frank Jewish theological assessment that Jesus of Nazareth was at most a wise and honest rabbi, not Christ Immanent ~ a veracious blow that seems to remove the corner-stone of all European culture and civilisation. The length of mutual recriminations and miscomprehensions as well as self-deceptions and cruelties over the millennia that have resulted on both sides, remains endless. On the Christian side there has been the vile persecution of Jews for centuries. On the Jewish side, there has arisen the vast myth that today’s Israel has something to do with the ancient Hebrews, when contemporary Jews likely descend mostly from the conversion to Judaism of the Khazar Khanate in the second half of the 9th Century (see e.g. Paul Meerts, “Assessing Khazaria”, International Institute for Asian Studies July 2004). In between Jewish and Christian self-deceptions and mutual misunderstandings has arisen Anti-Semitism, Zionism, and also Anti-Zionism (many thoughtful Jews having opposed the creation of Israel). As George Eliot, Hannah Arendt and many others noticed, the assimilation of 19th Century Jews into elite society in Vienna or London was only permitted where some exceptional individual genius was displayed, most prominently perhaps in case of Benjamin Disraeli who became Victoria’s Prime Minister. Even that acceptance of assimilated “exceptional” Jews came to disintegrate into the horrors of the 20th Century, from which we are yet to recover. Modern American foreign policy has been partly driven by the East and West Coasts’ understanding or misunderstanding of that history.

Understanding Pakistan

UNDERSTANDING PAKISTAN

First published in The Sunday Statesman & The Statesman Editorial Page Special Article

30-31 July, 2006

By

Subroto Roy

Pakistan’s political institutions have failed to develop properly over sixty years. Yet in the last ten years or more, its Government has acquired weapons of mass destruction and in 1998-99 its Foreign Minister half-threatened to use these against India in a first strike. As a religious and cultural phenomenon and as a putative nation-state, Pakistan needs to be sought to be understood in as unbiased and objective a manner as possible, not least by Pakistanis themselves, as well as by Afghans, Bangladeshis, Chinese, Americans,Israelis, Arabs, Iranians etc. besides ourselves in India.

The slogan “Islam in danger” has always had some substance since orthodox Muslims constantly face temptations in the world existing around them from materialism, scepticism, syncretism, pantheism etc. Some responded defensively to the Westernisation/modernisation of India’s Hindus, Parsees and Christians by becoming insular and separatist in outlook, and anti-individualist or communal in behaviour.

“We are an Arab people whose fathers have fallen in exile in the country of Hindustan, and Arabic genealogy and Arabic language are our pride,” declared Wali Allah (1703-1762), a contemporary of Nejd’s founder of Wahhabism. “We must repudiate all those Indian, Persian and Roman customs which are contrary to the Prophet’s teaching”, declared Barelvi (1786-1831), who also initiated the idea of a religious mass migration of North Indian Muslims. His movement saw “jihad as one of the basic tenets of faith… it chose as the venue of jihad the NW Frontier of the subcontinent, where it was directed against the Sikhs. Barelvi temporarily succeeded in carving out a small theocratic principality which collapsed owing to the friction between his Pathan and North Indian followers…” (A. Ahmed, in Basham (ed) Cultural History of India).

Political and psychological tensions between Pakistan’s Pashtun/Baloch tribal people and Punjabi/ Urdu elite continue to this day, even when many of the former have integrated into industries and vocations controlled by the latter. The highlanders were never part of Hindu societies, while the plainsmen, whether they admit it or not, ethnically were converts for the most part from India’s native religions (though here again the religious syncretism of Sindhis, both Muslim and Hindu, may be contrasted with orthodoxy). Barelvi’s theocracy, named Tariqa-yi Muhammadiya, had remnants near Sittana until the First World War, and his followers are still a major component of Pakistan’s most orthodox today.

Muslim separatism in North India would have been futile without British political backing. As early as 1874, the British saw their advantage: “The existence side by side of these hostile creeds (Hindu and Muslim) is one of the strong points in our political position in India. The better classes of Mohammedans are a source of strength to us and not of weakness. They constitute a comparatively small but an energetic minority of the population whose political interests are identical with ours.” When the Agha Khan’s 1906 delegation first pleaded for communal representation, Minto agreed with them, and Minto’s wife wrote in her diary the effect was “nothing less than the pulling back of sixty two millions (of Muslims) from joining the ranks of the seditious opposition.” The slogan “If you are not with us you are against us” was always widely applied by the British in India in the form “If you dare to not be with us, we definitely will be with your adversaries”.

One obscure ideological current of today’s Pakistan came via the enigmatic personage of Inayatullah Mashriqi (1888-1963), who, from being a Cambridge Wrangler, became a friend of Adolf Hitler in 1926, received a Renault as a gift from Hitler (possibly housed in a Lahore museum today) and claimed to have affected Hitler’s ideology. Mashriqi created the Khaksars, modelled on the Nazi SA, and was often jailed for violence.

But the official ideology of today’s Pakistan came from Mohammad Iqbal (1877-1938), an admirer of Friedrich Nietzsche. Indeed, “Pakistan” would have been better named “Iqbalistan” and its nationals “Iqbalians”, just as countries like Colombia, the USA, Israel, Saudi Arabia etc. have been named after an individual person. Iqbal’s 1930 Presidential Speech to the Muslim League in Allahabad conceptualised the country that exists today: “I would like to see the Punjab, NWFP, Sind and Baluchistan amalgamated into a single state…the formation of a consolidated NW Indian Muslim state appears to me to be the final destiny of the Muslims at least of NW India… India is the greatest Muslim country in the world. The life of Islam as a cultural force in this living country very largely depends on its centralisation in a specified territory… “

Though Kashmiri himself, Iqbal was silent about J&K being any part of this new entity. Nor did he see this Muslim country being theocratic or filled with anti-Hindu bigotry: “A community which is inspired by feelings of ill-will towards other communities is low and ignoble. I entertain the highest respect for the customs, laws, religious and social institutions of other communities…. Yet I love the communal group which is the source of my life and my behaviour; and which has formed me what I am by giving me its religion, its literature, its thought, its culture,and thereby recreating its whole past, as a living operating factor, in my present consciousness… Nor should the Hindus fear that the creation of autonomous Muslim states will mean the introduction of a kind of religious rule in such states…. I therefore demand the formation of a consolidated Muslim state in the best interests of India and Islam. For India it means security and peace resulting from an internal balance of power, for Islam an opportunity to rid itself of the stamp that Arabian Imperialism was forced to give it, to mobilise its law, its education, its culture, and to bring them into closer contact with its own original spirit and the spirit of modern times.” Iqbal clearly wished to be rid of the same stamp of Arabian Imperialism that Wali Allah had extolled.

In 1937, Iqbal added an economic dimension referring to Shariat in order that “at least the right to subsistence is secured to everybody”. A “free Muslim state or states” was “the only way to solve the problem of bread for Muslims as well as to secure a peaceful India.”

Iqbal persuaded MA Jinnah (1876-1948), who had settled once again into his London law practice, to return to India in 1934. But when, following the 1935 Government of India Act, India experienced its first democratic elections in 1937, the Muslim League’s ideology promoted by Iqbal and Jinnah failed miserably in the very four provinces that Iqbal had named.

Three days after Hitler’s attack on Poland, the British chose to politically empower Jinnah. Until September 4 1939, the British “had had little time for Jinnah and his League. The Government’s declaration of war on Germany on 3 September, however, transformed the situation. A large part of the army was Muslim, much of the war effort was likely to rest on the two Muslim majority provinces of Punjab and Bengal. The following day, the Viceroy invited Jinnah for talks on an equal footing with Gandhi…. because the British found it convenient to take the League seriously, everyone had to as well” (F. Robinson, in James & Roy (eds) Foundations of Pakistan’s Political Economy). Jinnah himself was amazed: “suddenly there was a change in the attitude towards me. I was treated on the same basis as Mr Gandhi. I was wonderstruck why all of a sudden I was promoted and given a place side by side with Mr Gandhi.”

Britain at war was faced too with intransigence from the Congress — Gandhi, for example, rudely dismissing the 1942 Cripps offer as a “post-dated cheque on a failing bank”. It was unsurprising this would contribute to the British tilt towards Congress’s adversary. Suddenly, Rahmat Ali’s acronym “PAKSTAN” , supposedly invented on the top floor of a London bus, was becoming a credible possibility.

By 1946, Muslim electoral opinion had changed drastically in the League’s favour. By 1947, Iqbal’s lofty philosophical vision of a cultured Muslim state had degenerated into irrational street mobs shouting: “Larke lenge Pakistan; Marke lenge Pakistan; Khun se lenge Pakistan; Dena hoga Pakistan”.

Events remote from India’s history and geography, namely, Hitler’s rise and the Second World War, had contributed between 1937 and 1947 to the change of fortune of Jinnah’s League, and hence the fate of all the people of the subcontinent. Even so, thanks to AK Azad’s diplomacy, the May 1946 Cabinet Mission Plan denying Partition and Pakistan did come to be accepted by Jinnah’s Muslim League, and it was doubtless the obduracy and megalomania of Azad’s Congress colleagues which contributed equally to the failure to find a political solution ~ along with the vapid behaviour of a pompous, vacuous Mountbatten who caused infinite uncertainty until June 3 1947, as to what was going to happen to the lives of scores of millions of ordinary people within a few weeks.

In August 1947, the new Pakistani elite hardly felt or even wished to feel free of the British ~ they merely felt independent of what they saw as Congress domination, and had now acquired some power for themselves. Far from any nation-building taking place, Pakistan’s early years were marked by political, legal, constitutional and military chaos and trauma. Both Dominions made a grab for the Raj’s common assets, especially the armed forces.

Indeed, how did the Kashmir problem originate? As much as any other factor, it occurred because of the incompetent partitioning of military assets and hurried decommissioning of British Indian armies ~ causing thousands of Mirpuri soldiers to return to a communally inflamed Punjab/ Jammu region.

The first J&K war started within weeks of Partition and was in all but name a civil war ~ somewhat like the American Civil War. It was a civil war not merely between Kashmir’s National and Muslim Conferences but also between Army regiments who had been jointly fighting Britain’s enemies until very recently.

Pakistan’s leadership vacuum started at once. Jinnah was ill and died shortly. Liaquat Ali Khan was the only politician of any experience left. He faced on one side Pashtuns having no wish to be dominated by a new Karachi/ Rawalpindi elite, and on the other side, the Kashmir conflict. The most basic functions of governance never got started. Taking a Census has been one such function since Roman times, yet Pakistan has never had one. Writing a Constitution is another, but Maududi and others demanded “That the sovereignty in Pakistan belongs to God Almighty alone and that the Government of Pakistan shall administer the country as His agent”. As a result, Pakistan’s few constitutionalists have been battling impossibly ever since to overcome the ontological mistake made of assuming that any earthly government, no matter how pious, can be in communication with God Almighty as easily as it can be with foreign governments.

The Rule of Law is another basic function. But when Liaquat was himself assassinated in 1951, his assassin was killed on the spot yet the murder remained unsolved. Mashriqi was immediately arrested because of his hostility to the Muslim League, but later released. Because the assassin was Pashtun, Afghanistan was blamed but the Afghan Government proved otherwise. The investigating policeman was killed in an aircrash, and all documents went with him. Final suspicion pointed towards Akbar Khan, the renegade Army general who had led the attack on J&K and was in jail for the Rawalpindi conspiracy. Years later, Liaquat’s widow (the former Irene Pant of Naini Tal) rued the fact no one was ever prosecuted.

After Liaquat’s assassination, the period of Ghulam Mohammad, Nazimuddin, Mohammad Ali Bogra, Chaudhury Mohammad Ali, and most importantly, Iskander Mirza leading up to Ayub Khan’s Martial Law in 1958, was simply appalling in its display of the sheer irresponsibility of Pakistan’s new super-elite. Instead of domestic nation-building or fulfilling the basic functions of governance, close comprador relations came to be established with the US and British Governments ~ exemplified by Mirza’s elder son taking the American Ambassador’s daughter as his (first) wife and moving to a lifelong career with the World Bank in Washington. This comprador relationship between Washington, London and Pakistan’s super-elite flourishes and continues to this day. E.g., the current World Bank head and architect of the 2003 Bush invasion of Iraq, Paul Wolfowitz, remains in a mentoring relationship with Shaukat Aziz, a former American bank executive, who is General Musharraf’s Prime Minister. For better or worse, Pakistan’s Government will never veer from the side of Anglo-American policy while such comprador relationships remain intact.

Before the 1971 war, West Pakistan was in a frenzy from a propaganda campaign of “Crush India” and “Hang Mujib”. General Niazi’s surrender to General Arora in Dhaka Stadium ~ causing 90,000 PoWs whom India then protected from Bangladeshi revenge ~ shocked Pakistan and shattered the self-image of its Army. ZA Bhutto was the only populist politician of the country ever, and his few years held vanishing promise of a normal political agenda (no matter how economically misguided) finally arising. But Bhutto suppressed the new Baloch revolt with the Shah of Iran’s military help; at the same time he failed to protect his own back against Zia ul Haq’s coup, leading to his judicial murder in 1979. Zia tried to rebuild the Army’s shattered esprit de corps the only way he knew how, which was by indoctrinating the Punjabi officer corps with Sunni dogmatism. This coincided with the Afghan civil war, influx of refugees, and US-Saudi-Chinese plan to defeat the USSR. Pakistan’s super-elite in their comprador role were happy to allow themselves to be used again and be hung out to dry afterwards.

All normal branches of Pakistan’s polity, like the electorate,press, political parties, Legislature and Judiciary, have remained at best in ill-formed inchoate states of being. The economy remains, like India’s, one fed on endless deficit finance paid for by unlimited printing of inconvertible paper money, though Pakistan has had relatively more labour emigration and much less foreign investment and technological progress than India. Both are wracked by corruption, poverty, ignorance and superstition.

Over half a century, the military has acquired vast economic and political interests and agendas, on pretext of protecting Pakistan from India or gaining “Kashmeer” for it. With few and noble exceptions, academics, politicians and journalists have remained timid in face of fascistic State-power with its militarist/Islamist ideology ~ causing a transferance of the people’s anger and frustration onto an easier target, namely ourselves in India. Anti-Indianism (especially over J&K) remains the sole unifying factor of Pakistan’s super-elite, regardless of what history’s objective facts may have to say. Much political courage and understanding will be needed for that to be reversed.

All countries hunger for genuine national heroes who take upon themselves individual risks on behalf of ordinary people. Wali Khan stood up to his father’s jailors, and young Benazir of 1980s vintage to her father’s executioner. But Pakistan has had few such heroes,certainly none among its bemedalled generals. Why AQ Khan is seen as a hero is because he at least took some personal risks, and finally brought Pakistan a kind of respect and independence in the world with his Bomb.

The Greatest Pashtun: Khan Abdul Ghaffar Khan

THE GREATEST PASHTUN

 

First published in The Sunday Statesman Editorial Page Special Article, July 16 2006

 

By

 

SUBROTO ROY

 

Khan Abdul Ghaffar Khan (1890-1988) was without a doubt the greatest political genius the Pashtun people have yet produced.

 

Understanding the political economy of the Pashto/Pakhto speaking peoples, as well as the Tajik, Hazara, Uzbek, Turkmen and other inhabitants of Afghanistan, remains a top intellectual challenge for everyone including themselves. Afghans have hardly lived a peaceful decade since Genghiz Khan destroyed them avenging his grandson in the 13th Century.  Ghazni, Ghor, Peshawar etc. were launch-pads for attacks against the settled people of India’s fertile plains (most recently, the October 1947 attack on Kashmir Valley) while Herat saw wars by and against Iran.

 

Lyall, one of the architects of 19th Century British policy, thought Afghans “wretched”, “treacherous barbarians with whom it was an unfortunate necessity to have any dealings at all”… “I can only sympathise with the Afghan’s love for his country and his hatred against those who disturb him, although he has no scruple in disturbing others to the best of his savage ability”. Yet the British idea of Russian armies marching into India through Afghanistan was always a wild exaggeration, especially after joint boundary commissions demarcated the imperial spheres of influence. When the Russians did finally enter and occupy Afghanistan in 1978-79, they lived to regret it; and they arrived in independent India on passenger aircraft, were greeted as fraternal socialists selling weapons, and remain so today. Pakistan’s generals exaggerated the prospect of Russia seeking warm water ports, first to Nixon (as Vice President) then to Carter and Reagan, causing the Americans to happily supply weapons which the generals promptly turned against India.

 

Ghaffar Khan was and remains the only thoughtful figure in Pashtun history who invented a new, living political philosophy as a constructive force for his people’s peace and progress. Even though his ideology failed to take permanent root or survive among them, he commanded universal respect among all Pashtuns and Afghans and became “Badshah Khan” or “Bacha Khan” to them. Afghanistan’s civil war, in which the USSR was pit against the USA, Pakistan etc, stopped with a ceasefire in 1988 for his burial to take place in Jalalabad, with a funeral procession that was miles long.

 

Pashtun and other Afghan and Arab tribal people have become notorious today by their association with the dogmatism, intellectual insularity and retrograde ideology of Muslim extremism. Yet Osama bin Laden and his Taliban and other friends have been unable to make any moral argument for the cause of violence other than one built on revenge for perceived or misperceived injustices against Muslims. “Because you have done this and this to Muslim people, we are bound by the code of vengeance to do this to you” is just about the entire quantum of moral reasoning contained in Al-Qaida’s statements. “Revenge is a wild kind of justice” and circumstances can exist where injustice is so deep that only revenge suffices in rectification. The current case of the rape-murder of an Iraqi girl and her family by a group of renegade American soldiers may be one such, which explicitly led to the kidnap, torture and murder of some of the soldiers by Iraqis seeking vengeance. But justice too is a civilised kind of revenge, and the transition from a code of revenge to a code of justice is precisely the transition from tribal warfare to civilisation. In Western countries, it occurred recently enough when duelling with swords or pistols came to be banned, giving way to the law of torts.

 

Ghaffar Khan attempted to change the Pashtun code in this one fundamental and all-important direction by abolishing the right to revenge. In its place he brought the doctrine of non-violence. “I am going to give you such a weapon that the police and the army will not be able to stand against it. It is the weapon of the Prophet, but you are not aware of it. That weapon is patience and righteousness. No power on earth can stand against it.”Patience and righteousness are not political virtues that seem to find much mention in Islamic or Afghan folklore, and doubtless they arose in Ghaffar Khan’s thought and actions at least partly through his encounter with Christian altruism, first with Rev. Wigram his schoolmaster, and later in adult life with the Tolstoy-Thoreau doctrines applied along with Jain ahimsa by MK Gandhi in the movement for Indian independence.

 

“It is the weapon of the Prophet” was Ghaffar Khan making explicit he was and remained at all times the most devout of Muslims and none could say otherwise; “but you are not aware of it” was his new move to tell his people they had misled themselves by sacerdotalism and needed to read the Prophet’s life and message afresh. He once told M. K. Gandhi how he explained to amazed Punjabi Muslim Leaguers the precise evidence in favour of non-violence from the Prophet’s life in Mecca, leaving his audience speechless.

 

Today’s “Taliban” were named for their purported piety; Lashkar-e-Taiba even means “Army of the Pious”, the typical image being of pious studious youth seated memorising scriptures in a Pakistani madrassa, and later waving AK-47s in a moving truck. Ghaffar Khan’s Khudai Khidmatgar “Servants of God” were their polar opposite. Each of some 120,000 members of the order took a fierce oath to non-violence and renunciation: “I am a Servant of God, and as God needs no service, but serving his creation is serving him, I promise to serve humanity in the name of God; to refrain from violence and from taking revenge; to forgive those who oppress me or treat me with cruelty; to refrain from taking part in feuds and quarrels and from creating enmity; to treat every Pathan as my brother and friend; to refrain from antisocial customs and practices; to live a simple life, to practice virtue, and to refrain from evil; to practice good manners and good behaviour and not to lead a life of idleness… I will sacrifice my wealth, life, and comfort for the liberty of my nation and people… side with the oppressed against the oppressor… live in accordance with principles of nonviolence… serve all God’s creatures alike… my object shall be the attainment of the freedom of my country and my religion. … will never desire any reward whatever for my service. All my efforts shall be to please God, and not for any show or gain.”

 

In their founder’s words, the Khudai Khidmatgars were to be ready to lay down their own lives for their cause and never take any life doing so. They became far more forceful practitioners of non-violence than their Gandhian Indian counterparts in the struggle for political freedom from the British, and hundreds of them died in Peshawar under British brutality.

 

In 1893, Durand’s controversial boundary-line gave the British control over the three mountain passes between Afghanistan and India in exchange for raising the annual British subsidy to the Afghan Amir by 50% from Rs 8 lakhs to 12 lakhs. Today, the Durand Line roughly separates perhaps 10 million Pashtun comprising 40% of Afghanistan’s population from perhaps 8 million Pashtun who are Pakistani nationals (no one has exact figures as there has been no census). In the 1950s and 1960s, the Afghan Government backed by the USSR, on pretence that the Durand Line had not been freely accepted by Afghans, wished for a “Pakhtoonistan” under its sway.

 

Though jailed by the new and nervous Pakistanis, Ghaffar Khan was averse to any truck with the Afghan Government ~ he had not demanded erasing the Durand Line but had demanded a separate and distinct “Pashtunistan”. A mature self-confident federal Pakistan today would bifurcate itself vertically into one or two mountainous western provinces on one side, and two or three river valley eastern provinces on the other. The former could be named “East Pashtunistan” if the Baloch agreed, or East Pashtunistan and Baluchistan otherwise, and extend to the port of Gwadar, while the latter would remain Punjab, Sindh and “Northern Kashmir”.

 

Along with an Afghan “West Pashtunistan” and an Indian “Southern Kashmir”, a stable design of peaceful nation-states from Iran through Afghanistan and Pakistan to India would be then finally in place. Badshah Khan’s influence in death may yet become greater than his influence in life.

 

Law, Justice and J&K

LAW, JUSTICE AND J&K

 

by SUBROTO ROY

 

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

I.

 

For a solution to J&K to be universally acceptable it must be seen by all as being lawful and just. Political opinion in Pakistan and India as well as all people and parties in J&K ~ those loyal to India, those loyal to Pakistan, and any others ~ will have to agree that, all things considered, such is the right course of action for everyone today in the 21st Century, which means too that the solution must be consistent with the facts of history as well as account reasonably for all moral considerations.

 

On August 14, 1947, the legal entity known as “British India”, as one of its final acts, and based on a sovereign British decision made only two months earlier, created out of some of its territory a new State defined in international law as the “Dominion of Pakistan”. British India extinguished itself the very next day, and the newly independent “Dominion of India” succeeded to all its rights and obligations in international law. As the legal successor of the “India” which had signed the Treaty of Versailles in 1919 and the San Francisco Declaration of 1945, the Dominion of India was already a member of the new UN as well as a signatory to many international treaties. By contrast, the Dominion of Pakistan had to apply afresh to sign treaties and become a member of international organisations. The theory put forward by Argentina that two new States, India and Pakistan, had been created ab initio, came to be rejected and was withdrawn by Argentina. Instead, Pakistan with the wholehearted backing of India was made a member of the UN, with all except Afghanistan voting in favour. (Afghanistan’s exceptional vote signalled presence of conflict over the Durand Line and idea of a Pashtunistan; Dr Khan Sahib and Abdul Ghaffar Khan were imprisoned by the Muslim League regime of NWFP which later supported the tribesmen who attacked J&K starting October 22, 1947; that conflict remains unresolved to this day, even after the American attack on the Taliban, the restart of a constitutional process in Afghanistan, and the purported mediation of US Secretary of State Condoleeza Rice.)

 

Zafrullah Khan, Pakistan’s distinguished first ambassador to the UN, claimed in September 1947: “Pakistan is not a new member of UNO but a successor to a member State which was one of the founders of the Organisation.” He noted that he himself had led India to the final session of the League of Nations in Geneva in 1939, and he wished to say that Pakistan had been present “as part of India… under the latter name” as a signatory to the Treaty of Versailles. This was, however, logically impossible. The Treaty of Versailles long predated (1) Mohammad Iqbal’s Allahabad Address which conceptualised for the first time in the 20th Century a Muslim State in Northwest India; (2) Rahmat Ali’s invention of the word “PAKSTAN” on the top floor of a London omnibus; (3) M. A. Jinnah and Fazlul Haq’s Lahore Resolution; and (4) the final British decision of June 3, 1947 to create by Partition out of “British India” a Dominion named Pakistan. Pakistan could not have acted in international law prior to having come into being or been created or even conceived itself. Zafrullah Khan would have been more accurate to say that the history of Pakistanis until August 14, 1947 had been one in common with that of their Indian cousins ~ or indeed their Indian brothers, since innumerable North Indian Muslim families came to be literally partitioned, with some brothers remaining Indians while other brothers became Pakistanis.

 

Pakistan was created at the behest of Jinnah’s Muslim League though with eventual agreement of the Indian National Congress (a distant ancestor of the political party going by the same name today). Pakistan arose not because Jinnah said Hindus and Muslims were “two nations” but because he and his League wished for a State where Muslims would find themselves ruled by fellow-Muslims and feel themselves part of a pan-Islamic culture. Yet Pakistan was intended to be a secular polity with Muslim-majority governance, not an Islamic theocracy. That Pakistan failed to become secular was exemplified most poignantly in the persecution Zafrullah himself later faced in his personal life as an Ahmadiya, even while he was Pakistan’s Foreign Minister. (The same happened later to Pakistan’s Nobel-winning physicist Abdus Salaam.) Pakistan was supposed to allow the genius of Indo-Muslim culture to flourish, transplanted from places like Lucknow and Aligarh which would never be part of it. In fact, the areas that are Pakistan today had in the 1937 provincial elections shown scant popular Muslim support for Jinnah’s League. The NWFP had a Congress Government in the 1946 elections, and its supporters boycotted the pro-Pakistan referendum in 1947. The imposition of Urdu culture as Pakistan’s dominant ethos might have come to be accepted later in West Punjab, Sindh and NWFP but it was not acceptable in East Bengal, and led inevitably to the Pakistani civil war and creation of Bangladesh by Sheikh Mujib in 1971.

 

In August 1947, the new Dominions of India and Pakistan were each supposed to protect their respective minority populations as their first political duty. Yet both palpably failed in this, and were reduced to making joint declarations pleading for peace and an end to communal killings and the abduction of women. The Karachi Government, lacking the wherewithal and administrative machinery of being a nation-state at all, and with only Liaquat and an ailing Jinnah as noted leaders, may have failed more conspicuously, and West Punjab, the Frontier and Sindh were soon emptied of almost all their many Sikhs and Hindus. Instead, the first act of the new Pakistan Government in the weeks after August 14, 1947 was to arrange for the speedy and safe transfer of the North Indian Muslim elite by air from Delhi using chartered British aeroplanes. The ordinary Muslim masses of UP, Delhi and East Punjab were left in danger from or were subjected to Sikh and Hindu mob attacks, especially as news and rumours spread of similar outrages against Pakistan’s departing minorities.

 

In this spiral of revenge attacks and counter-attacks, bloodshed inevitably spilled over from West and East Punjab into the northern Punjabi plains of Jammu, though Kashmir Valley remained conspicuously peaceful. Zafrullah and Liaquat would later claim it was this communal civil war which had caused thousands of newly decommissioned Mirpuri soldiers of the British Army, and thousands of Afridi and other Frontier tribesmen, to spontaneously act to “liberate” J&K’s Muslims from alleged tyranny under the Hindu Ruler or an allegedly illegal Indian occupation.

 

But the main attack on J&K State that began from Pakistan along the Manshera-Muzaffarabad road on October 22, 1947 was admittedly far too well-organised, well-armed, well-planned and well-executed to have been merely a spontaneous uprising of tribesmen and former soldiers. In all but name, it was an act of undeclared war of the new Dominion of Pakistan first upon the State of J&K and then upon the Indian Dominion. This became obvious to Field Marshall Auchinlek, who, as Supreme Commander of the armed forces of both India and Pakistan, promptly resigned and abolished the Supreme Command in face of the fact that two parts of his own forces were now at war with one another.

 

The invaders failed to take Srinagar solely because they lost their military purpose while indulging in the Rape of Baramula. Thousands of Kashmiri women of all communities ~ Muslim, Sikh and Hindu ~ were violated and transported back to be sold in markets in Peshawar and elsewhere. Such was standard practice in Central Asian tribal wars from long before the advent of Islam, and the invading tribesmen shared that culture. India’s Army and Air Force along with the militias of the secular democratic movement led by Sheikh Abdullah and those remaining loyal units of J&K forces, fought off the invasion, and liberated Baramula, Naushera, Uri, Poonch etc. Gilgit had a British-led coup détat against it bringing it under Pakistan’s control. Kargil was initially taken by the Pakistanis and then lost by them. Leh could have been but was not taken by Pakistani forces. But in seeking to protect Leh and to retake Kargil, the Indian Army lost the siege of Skardu ~ which ended reputedly with the infamous communication from the Pakistani commander to his HQ: “All Sikhs killed; all women raped.”

 

 

Legal theory

 

Now, in this grave mortal conflict, the legal theory to which both the Indian and Pakistani Governments have been wedded for sixty years is one that had been endorsed by the British Cabinet Mission in 1946 and originated with the Butler Commission of 1929. Namely, that “Lapse of Paramountcy” over the “Indian India” of the “Native States” could and did occur with the extinction of British India on August 15, 1947. By this theory, Hyderabad, J&K, Junagadh and the several other States which had not acceded to either Dominion were no longer subject to the Crown’s suzerainty as of that date. Both Dominions drew up “Instruments of Accession” for Rulers to sign upon the supposed “Lapse” of Paramountcy that was to occur with the end of British India.

 

Ever since, the Pakistan Government has argued that Junagadh’s Ruler acceded to Pakistan and Hyderabad’s had wished to do so but both were forcibly prevented by India. Pakistan has also argued the accession to India by J&K’s Ruler was “fraudulent” and unacceptable, and Sheikh Abdullah was a “Quisling” of India and it was not his National Conference but the Muslim Conference of Ibrahim, Abbas and the Mirwaiz (precursor of the Hurriyat) which represented J&K’s Muslims.

 

India argued that Junagadh’s accession to Pakistan or Hyderabad’s independence were legal and practical impossibilities contradicting the wills of their peoples, and that their integration into the Indian Dominion was carried out in an entirely legitimate manner in the circumstances prevailing.

 

On J&K, India has argued that not only had the Ruler requested Indian forces to fight off the Pakistani attack, and he acceded formally before Indian forces were sent, but also that democratic principles were fully adhered to in the unequivocal endorsement of the accession by Sheikh Abdullah and the National Conference and further by a duly called and elected J&K Constituent Assembly, as well as generations of Kashmiris since. In the Indian view, it is Pakistan which has been in illegal occupation of Indian territory from Mirpur, Muzaffarabad and Gilgit to Skardu all the way to the Khunjerab Pass, Siachen Glacier and K2, some of which it illegally ceded to its Communist Chinese ally, and furthermore that it has denied the peoples of these areas any democratic voice.

 

 

Roman law

 

In June 1947, it was uniquely and brilliantly argued by BR Ambedkar in a statement to the Press that the British had made a catastrophic error in comprehending their own constitutional law, that no such thing as “Lapse” of Paramountcy existed, and that suzerainty over the “Native States” of “Indian India” would be automatically transferred in international law to the successor State of British India. It was a legal illusion to think any Native State could be sovereign even for a single logical moment. On this theory, if the Dominion of India was the sole successor State in international law while Pakistan was a new legal entity, then a Native State which acceded to Pakistan after August 15, 1947 would have had to do so with the consent of the suzerain power, namely, India, as may be said to have happened implicitly in case of Chitral and a few others. Equally, India’s behaviour in integrating (or annexing) Junagadh and Hyderabad, would become fully explicable ~ as would the statements of Mountbatten, Nehru and Patel before October 1947 that they would accept J&K going to Pakistan if that was what the Ruler and his people desired. Pakistan unilaterally and by surprise went to war against J&K on October 22, declared the accession to India “fraudulent”, and to this day has claimed the territory of the original State of J&K is “disputed”. Certainly, even if the Ambedkar doctrine is applied that no “Lapse” was possible under British law, Pakistan did not recognise India’s jurisdiction there as the suzerain power as of August 15, 1947. Altogether, Pakistan’s sovereign actions from October 22 onwards amounted to acting to annex J&K to itself by military force ~ acts which came to be militarily resisted (with partial success) by India allied with Sheikh Abdullah’s National Conference and the remaining forces of J&K. By these military actions, Pakistan revealed that it considered J&K territory to have descended into a legal state of anarchy as of October 22, 1947, and hence open to resolution by “Military Decision” ~ as is indeed the just outcome under Roman Law, the root of all municipal and international law today, when there is a contest between claimants over an ownerless entity.

 

 

Choice of nationality

 

Hence, the present author concluded (“Solving Kashmir”, The Statesman December 1-3, 2005) that the dismemberment of the original J&K State and annexation of its territories by India and Pakistan that has occurred since 1947, as represented first by the 1949 Ceasefire Line and then by the 1972 Line of Control, is indeed the just and lawful outcome prevailing in respect of the question of territorial sovereignty and jurisdiction. The remaining “democratic” question described has to do with free individual choice of nationality by the inhabitants, under conditions of full information and privacy, citizen-by-citizen, with the grant of permanent residency rights by the Indian Republic to persons under its jurisdiction in J&K who may choose not to remain Indian nationals but become Afghan, Iranian or Pakistani nationals instead. Pakistan has said frequently its sole concern has been the freedom of the Muslims of J&K under Indian rule, and any such genuine concern shall have been thereby fully met by India. Indeed, if Pakistan agreed to act similarly, this entire complex mortal problem of decades shall have begun to be peacefully resolved. Both countries are wracked by corruption, poverty and bad governance, and would be able to mutually draw down military forces pit against one another everywhere, so as to begin to repair the grave damage to their fiscal health caused by the deleterious draining away of vast public resources .

A Philosophical Conversation between Prof. Sen & Dr Roy

A Philosophical Conversation between Professor Sen & Dr Roy

First published in The Sunday Statesman, “8th Day”, May 14 2006

 

 

ROY: …The philosophers Renford Bambrough and John Wisdom would have been with you at Cambridge….

SEN: Wisdom I knew better; he was at my College; but you know my philosophy was not an important thing at the time. Among the philosophers there, it was C. D. Broad with whom I chatted more. But Wisdom I knew, and he mainly tried to encourage me to ride horses with him, which I didn’t.

ROY: You went to Cambridge in …

SEN: I went to Cambridge in 1953.

ROY: So Wittgenstein had just died…

SEN: Wittgenstein had died.

ROY: Only just in 1952 (sic; in fact he died in 1951).

SEN: But I knew a lot about the conversations between Wittgenstein and Sraffa because Sraffa was alive; I did a paper on that by the way.

ROY: Well that’s what I was going to ask, there is no trace of your work on Wittgenstein and the Wittgensteinians.

SEN: I don’t know why. My paper was published in the Journal of Economic Literature a couple of years ago. Now mind you it’s not a conclusion, just an interpretation, what was the role of Gramsci in the works of Sraffa and Wittgenstein, what is it that Sraffa actually did in intermediating between them.

ROY: In your book Identity and Violence, I was curious to find you call yourself a “dabbler” in Philosophy yet at the same time you are an eminent Professor of Philosophy at Harvard for decades. The question that arose was, were you being modest, and if so, truly or falsely?

SEN (laughs): I think if you make a statement which you suspect might have been made out of modesty and then I said it was because of modesty I think I would have eliminated the motivation for the statement as you identify it. I am not going to answer the question as to what I think.

ROY: But surely you are not a “dabbler” in Philosophy?

SEN: I am interested in Philosophy is what I meant, and whether I am a dabbler or whether I’ve succeeded in making some contribution is for others to judge. But not for me to judge.

ROY: Okay.

SEN: As for me, the right description is that I am a dabbler in Philosophy. But then that diagnostic is… mine, and I won’t go to war with others if someone disputes that. But it’s not for me to dispute it.

ROY: Would you, for example in reference to our discussion about Wittgenstein, say that you have contributed to Philosophy in and of itself regardless of Economics?

SEN: Most of my work on Philosophy has got nothing to do with Economics. It is primarily on Ethics, to some extent on Epistemology. And these are not “economic” subjects. I have never written on the “Philosophy of Economics” at all.

ROY: How about Ontology? I mean the question “What there is” would be…..

SEN: I am less concerned with Ontology or with Metaphysics than some people are. I respect the subject but I have not been involved.

ROY: You have not been involved?

SEN: Well, I have read a lot but I haven’t worked on it. I have worked on Ethics and Political Philosophy and I have worked on Epistemology and I have worked a little bit on Mathematical Logic. Those are the three main areas in which I have worked.

ROY: Why I say that is because, if the three main philosophical questions are summarised as “What is there?” (or “Who am I?”), “What is true?”, “What should I do?”, then the question “Who am I?” is very much a part of your concern with identity and a universal question generally, while “Is this true?” is relevant to Epistemology and “What should I do?” is obviously Ethics. Morton White summarised philosophy in those three questions. It seems to me you have in this book had to look at…

SEN: At all three of them.

ROY: Well, some Ontology at least.

SEN: But you know I agree with your diagnostic that the second question “What I regard myself to be, is that true?”, is a question of Epistemology, because that’s the context in which “Is it true?” comes in. The second is primarily an epistemological question. The third is, as you said, primarily an ethical question, though I do believe that the dichotomy between Epistemology and Ethics is hard to make. On that subject I would agree with Hilary Putnam’s last book, namely when he speaks of “the collapse of the fact-value dichotomy” which is sometimes misunderstood and described as the collapse of the fact-value distinction, which is not what Hilary Putnam is denying, he’s arguing that the dichotomy is very hard to sustain, because the linkages are so strong, that pursuit of one is always taking you into the other. But the first question you are taking to be an ontological question, “Who am I?”, and at one level you can treat it as that, but there is a less profound aspect of “Who am I?”, namely what would be the right way of describing me, to myself and to others, and that has a deep relationship with the second question. If the separation or dichotomy between the second and third raises some philosophical questions of significance, the dichotomy between the first and second would too. So “Who am I?” can be interpreted at a profound ontological level but it could also be interpreted at a level which is primarily fairly straightforward Epistemology. And it is at that level that I am taking that question to be. Namely: Am I a member of many different groups? Do I see myself as members of many different groups? If I do not see myself as members of many different groups, am I making a mistake in not seeing that I belong to many different groups? Is it the case that implicitly I often pursue things which are dependant on my seeing myself as being members of other groups than those which I explicitly acknowledge? These are the central issues of the “Who am I?” question in this book.

ROY: Well you haven’t used the word “identity” here but when you speak in your book of people having a choice of different identities, you are plainly not referring to multiple identities in the sense of the psychologist; are you not merely saying that everyone has different aspects or dimensions to his or her life, and is required to play different roles at different times in different contexts? Or is there something beyond that statement in your notion of “choice of identities”?

SEN: What I mean by “multiple identities” is, at one level, the most trivial, common but, at another level, most profoundly important recognition that we belong to many different groups: I’m an Indian citizen, I’m a British or American resident, I’m a Bengali, the poetry I like is Bengali poetry, I’m a man, I’m an economist, I belong to all these groups. Nothing complicated about that, and the multiple identity issues of the psychologist that you’re referring to indicate a certain level of complexity of humanity, and sometimes even of pathology perhaps, but that’s not what I am concerned with here, it’s just a common fact that there are many different groups to which any person belongs. And it’s on that extraordinarily simple fact that I am trying to construct a fairly strong, fairly extensive set of reasonings, because that forces us to see the importance of our own choice, our own decisions in deciding on how should I see myself, how would it be correct to see myself given the problems I am facing today, and given the priorities that I will have to examine.

ROY: But if we don’t use the word “groups” just for a minute, then we are not too far wrong to just say that everyone has different aspects or dimensions to their lives, so one dimension could be nationality, one dimension sexuality, one dimension one’s intellectual upbringing, then any person, any character in a novel would have different dimensions….

SEN: The difficulty with that, Subroto, is that in the same aspect we may have more than one…

ROY: Dimension?

SEN: Well dimension tries to capture in a Cartesian space a rather more complex reality, and you know I don’t think this is a metric space we are looking at, so dimensionality is not a natural thought in this context. One thing I am very worried about is when something which is very simple appears to people as being either profoundly right or profoundly mistaken. I’ll try to claim that it is right and it is not very profound but that it is not very profound does not mean people don’t miss it and end up making mistakes. In terms of the aspects of my life which concern my enjoying poetry, there may be many different groups to which I belong, one of them is that I can appreciate Bengali poetry in a way that I will not be able to appreciate poetry in some language which I speak only very little, like Italian poetry for example. But on the other hand, in addition to that, in the same aspect of my appreciating poetry, there may be the fact that I am not as steeped into historical romance which also figures in poetry or patriotic poetry and these are all again classifications which puts me in some group, in the company of some and not in the company of others, and therefore an aspect does not quite capture with the precision the group classification that I was referring to does capture.

ROY: Well, groups we can quarrel about perhaps because groups may not be well- defined…

SEN: Don’t go away Subroto but that does not make any difference, because many groups are not well-defined but they are still extremely important…

ROY: Of course there are overlapping groups…

SEN: Not only overlapping, but you know that is a different subject on the role of ambiguity, that is a very central issue in Epistemology, and the fact of the matter is that there are many things for which there are ambiguities about border which are nevertheless extremely important as part of our identity. Where India begins and China ends or where China begins and India ends may not be clear, but the distinction between being an Indian and being Chinese is very important, so I think that this border dispute gets much greater attention in the social sciences than it actually deserves.

ROY: Well, one of the most profoundly difficult and yet universally common dilemmas in the modern world has to do with women having to choose between identities outside and inside the home. Does your theory of identity apply to that problem, and if so, how?

SEN: I think the choice is never between identities, the choice is the importance that you attach to different identities all of which may be real. The fact of the matter is that a woman may be a member of a family, a woman is also a member of a gender, namely being a woman, a woman may also have commitment to her profession, may have commitment to a politics…

ROY: Does your theory help her in any way, specifically?

SEN: The theory is not a do-it-yourself method of constructing an identity. It is an attempt to clarify what are the questions that anyone who is thinking about identity has to sort out. It is the identification of questions with which the book is concerned, and as such, insofar as the woman is concerned… indeed the language that you use Subroto, that what you have to choose between identities, I would then say that what I am trying to argue is that’s not the right issue, because all these would remain identities of mine but the relative importance that I attach to the different identities is the subject in which I have to make a choice, and that’s the role of the theory…

ROY: They are all different aspects of the same woman.

SEN: Yes indeed. If not explicitly then implicitly, but that is part of the recognition that we need, it is not a question that by giving importance to one of those compared with the others you’re denying the other identities. To say that something is more important than another in the present context is not a denial that the other is also an identity. So I think the issue of relative importance has to be distinguished from the existence or non-existence of these different identities.

ROY: Well, you’ve wished to say much about Muslims in this book….

SEN: That’s not entirely right. I would say that I do say something about the Muslims in this book….

ROY: … yet one gets the impression that you have not read The Quran. Is that an accurate impression?

SEN: No, it’s not.

ROY: You have read The Quran?

SEN: Yes.

ROY: In English, presumably?

SEN: In Bengali to be exact. Not in Arabic, you probably have read it in Arabic.

ROY (laughs): No, just in English. Is it possible to understand a Muslim’s beliefs until and unless one sees the world from his/her perspective? I had to read The Quran to see if I could understand — attempt to understand — the point of view of Muslims. Does one need to read The Quran in order to see their perspective?

SEN: Well it depends on how much expertise you want to acquire. That is, if you have to understand what the Quranic beliefs are, to which Muslims as a group – believing Muslims, who identify themselves as believing and practising Muslims – as opposed to Muslims by ancestry and therefore Muslims in a denominational sense, yes indeed, if you want to pursue what practising and believing Muslims practise and believe then you would have to read The Quran. But a lot of people would identify themselves as Muslim who do not follow these practises or for that matter beliefs, but who would still identify themselves as Muslims because in the sense of a community they belong to that. I mean even Mohammad Ali Jinnah did not follow many of the standard Muslim practises, that did not make him a non-Muslim because a “Muslim” can be defined in more than one way. One is to define somebody who is a believing and practising Muslim, the other is somebody who sees himself as a Muslim and belongs to that community, and in the context of the world in which he lives that identity has some importance which it clearly had in the case of Mohammad Ali Jinnah.

ROY: Well, Muslims like Jews and Christians believe the Universe had a deliberate Creation; Hindus and Buddhists may not quite agree with that. Muslims will further believe that the Creator spoke once and only once definitively through one man, namely Muhammad in the 7th Century in Arabia. Would you not agree that no person can deny that and still be a Muslim?

SEN: I think you’re getting it wrong Subroto. It said Muhammad was the last prophet, it does not deny that there existed earlier prophets. Therefore it’s not the case as you said that God spoke alone and uniquely and only once.

ROY: Definitively?

SEN: No, no, Muslims believe that it was definitely spoken at each stage — as a follow up, like Christians misunderstood what message the prophet called Jesus was carrying and they deified Jesus, there was a need for turning a page, that’s the understanding; it’s not the case that’s what Muslims believe, that is not the Quranic view at all, that God spoke only once to Muhammad, that’s not the Quranic belief

ROY: True, true enough..

SEN: But you said that Subroto!

ROY: What I meant was “definitively”, the word “definitively” meaning that…
SEN: Definitively they would say that at each stage there was a memory, and the memory and the understanding got corrupted over time and that’s why they were also so wild about idolatry for example

ROY: Well the Ahmadiyas, for example, are considered non-believers by many Muslims because they claim that there …

SEN: That also brings out the point I was making, that Ahmadiyas see themselves as Muslim….

ROY: Indeed.

SEN: …and in terms of one of the definitions of Muslim that I am giving you, namely as a person who sees himself as a Muslim, or herself as a Muslim, and regards that identity to be important is a Muslim according to that definition; another one would apply a test which is what many of the more strict Sunnis and Shias do, namely, that whether they accept Muhammad as the last prophet, and insofar as Ahmadiyas don’t accept that, then they would say then you are not Muslim…

ROY: Well they do actually…

SEN: Well they do, but in terms…I think what I am telling you is that in terms of the Shia-Sunni orthodox critique they say that in effect they don’t accept that, that is the charge against them, but those who believe that would say that on that ground Ahmadiyas are not Muslim. So I think there is a distinction in the different ways that Muslims can be characterised….

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 “Western” nation-states, from Canning’s recognition of Mexico, Brazil, Argentina, Colombia etc to the emergence of the European Union. There is today peace in Europe and it has become unthinkable there will be war between e.g. France and Germany except on a soccer pitch. Even the unstable Balkans have stabilised. The transition from British to American dominance occurred during and because of the 1914-1918 World War, yet that war’s causes had nothing to do with America and hence America’s rise has been somewhat fortuitous. The War superficially had to do with those unstable Balkans in the summer of 1914 and the system of alliances developed over the previous 100 years; beneath was the economic rise of the new Germany.

Austro-Hungary went to war against Serbia, causing Germany its ally into war with Russia, Serbia’s ally. Belgium’s neutrality was guaranteed through British diplomacy by the Treaty of London in 1839 signed by Austria, France, Britain, Russia and Prussia. This “scrap of paper” Germany tore up to invade Belgium on 4 August 1914, because it was easier to attack France through Belgium than directly as most French generals had expected. Though Germany had no dispute with France, France was Russia’s ally, and the Germans had long-feared fighting on two fronts against larger but more slowly mobilising forces. Violation of Belgian neutrality caused Britain into war with Germany. So all Europe was at war from which it would fail to extricate itself without American intervention. This arrived in 1917 though it too had been provoked by German submarines sinking American ships in the Atlantic. The actual impact of American forces entering the battlefields was small, and it was after the Armistice, when the issue arose of reparations by Germany to everyone and repayments by Britain and France to America, that America’s role became dominant. New York took over from London as the world’s financial capital.

Woodrow Wilson longed to impose a system of transparent international relations on the Europeans who had been used to secret deals and intrigues. He failed, especially when America’s Senate vetoed America’s own entry into the League of Nations. America became isolationist, wishing to have nothing more to do with European wars ~ and remains to this day indifferent towards the League’s successor. But the War also saw Lenin’s Bolsheviks grab power after Russia extricated itself from fighting Germany by the peace of Brest-Litovsk. And the Armistice saw the French desire to humiliate and destroy German power for ever, which in turn sowed the seeds for Hitler’s rise. And the War also had led to the British making the Balfour Declaration that a Jewish “National Home” would arise in Palestine in amity and cooperation with the Arabs. The evolution of these three events dominated the remainder of the 20th Century ~along with the rise and defeat of an imperialist Japan, the rise of communist China, and later, the defeat of both France and America in Vietnam.

Hitler invaded Poland on 1 September 1939, and Britain and France declared war on Germany on 3 September. The next day in faraway India, the British in a panic started to place Jinnah on an equal footing as Gandhi ~ astounding Jinnah himself as much as anyone since his few supporters had lost the 1937 elections badly, especially in the provinces that today constitute the country he wished for. After the defeat and occupation of Germany and Japan, America’s economic supremacy was unquestionable. Utterly exhausted from war, the British had no choice but to leave India’s angry peoples to their own fates, and retreated to their fortified island again ~ though as brown and black immigration increased with the end of Empire, many pale-skinned natives boarded ships for Canada, Australia and New Zealand.  America came to have much respect for its junior British ally during the fight against Hitler and later in the political battle against the USSR. It was Thatcher who (after battling Argentina in the South Atlantic) led Reagan to make peace with Gorbachov. With the end of Soviet communism, Germany would be unified again. All across Christendom there was peace for the first time ever, and a militarily powerful nuclear-armed Israel had been created too in the old Palestine. In this new period of world history, the Security Council’s permanent members are the modern version of the “Great Powers” of the 19th Century. The American-led and British-supported destruction of Baathist Iraq, and threatened destruction of Khomeinist Iran mark the final end of the League of Nations’ ethos which had arisen from the condemnation of aggression. In Osama bin Laden’s quaint idiom, there seems a battle of “Crusaders” and “Zionists” against Muslim believers. Certainly Muslim believers (which means most Muslims as there are relatively few agnostics and atheists among them) think that it is obvious that the Universe was created, and that its Creator finally and definitively spoke through one human being in 7th Century Arabia. Many people from North Africa to the Philippines are not often able to conceive how things might have been otherwise. The new era of history will undoubtedly see all kinds of conversations take place about this rather subtle question.

Lessons for India from Nepal’s Revolution

Lessons for India from Nepal’s Revolution

Subroto Roy

 

The Statesman, frontpage, April 26 2006

 

 

King Gyanendra of Nepal has lost legitimacy in the eyes of almost all his people. His days as a monarch are numbered. It is as inevitable as night follows day that his dynasty is over, and Nepal will sooner or later become a secular Republic. The practical questions that follow include what is to be done with him and his family, that is, which country should they seek exile in and at what pension, to whom exactly should sovereignty in Nepal pass immediately and in the long term, how may needless bloodshed, civil chaos and mayhem come to be avoided, and how soon can a viable democratic republic and a healthy economy and society emerge.

 

 

Salus populi suprema lex: the good of the people is the supreme law. And the good of the people in Nepal today requires Gyanendra to depart (that is, for exile in Britain), after abdicating in favour of his son ~ or better still his infant grandson, placing a Regent acceptable to the Seven-Party Alliance in charge of calling a Constituent Assembly as everyone and especially the Maoists have demanded.

 

 

The Government and people of India seem strangely ignorant or indifferent about what is happening right next door to us, even when that door is open. While the people of Nepal almost stormed their Bastille, we witnessed instead the bizarre televised parade of politicians and Bollywood personalities to visit another celebrity in hospital (we should be thankful they have not been allowed anywhere near him).

 

 

Our Prime Minister/foreign minister, with his “national security advisor” sitting next to him, flew off to a brief spring holiday in Europe to discuss importation of uranium and BMWs and other such posh things. The Congress Party has said the Prime Minister may have expressed “his own views” on the subject of supporting King Gyanendra’s Friday offer but that the Government of India always supported “multiparty democracy” and the Congress Party supported the government! Have people become even more detached from reality here? If it is the case the Prime Minister has become so utterly consumed by personal hubris that he is making impromptu remarks contrary to his own government’s policies, then it may be time for him to realise he has filled his quota of foreign trips and put in his papers. At the very least, MK Narayanan has been derelict in his duties by joining the Prime Minister in the European spring rather than remaining in India watching Nepal. The Prime Minister has been so negligent as his own foreign minister (for example, handing over his America policy to personal diplomacy by his favoured aide, Mr Montek Singh Ahluwalia) that he is making the country almost miss the foreign minister who had to be fired, an unfortunate thought!

 

 

In the last six months, Nepal’s non-Maoist opposition coalesced and the Maoists declared a unilateral cease-fire. India remained preoccupied with the vanities of its own petty dynasties. Why we Indians, despite our pretensions as the world’s largest democracy (in reality, the world’s largest voting public), may have been so dull and ignorant with respect to Nepal’s “trinamul” democratic movement is that we have never had any kind of revolution ourselves.

 

 

Revolution is anathema to the pompous bureaucrats of New Delhi, just as it is to the pompous generals of Islamabad. Partition was the one all-consuming trauma experienced by the Indian and Pakistani ruling classes, and they are simply unable to understand populist rebellions of the kind now being seen in Nepal or seen under Sheikh Mujib in East Pakistan almost 40 years ago. The Indira Gandhi brand of populism practised by India’s “democratic leaders” has to do with renting crowds and giving speeches while waving to the TV cameras, always making sure to fly back to air-conditioned comfort in Lutyens Delhi by the end of the day if at all possible. Lutyens Delhi is Royal India, and Royal India secretly sympathises with all Royalty and pseudo-Royalty. Ours has become a democracy upside down where it is not a question of how the interests of the people of India should be represented in New Delhi but how New Delhi’s interests can come to be projected upon the people of India.

 

 

In Nepal on the other hand, the questions now precisely have to do with the most difficult issues of sovereignty, political legitimacy and representation. The forced exile of the Shah of Iran was followed by the return of Ayatollah Khomeini from Qom and the brutality and bloodshed of the Islamic Revolution. The exile of Sihanouk of Cambodia was followed by the horrors of the Khmer Rouge. Can mass bloodshed and class war be averted if the exile of King Gyanendra is followed by a Maoist takeover in Nepal? The Maoists are indisputably led by Pushpa Kamal Dahal (Prachanda) who does not appear to be a murderous Pol Pot and has been projected as principled and statesmanlike. But will he be able to control his own creation or could he himself be swept aside? “Revolution is not a tea party” said Mao Zedong. There are at least two other proximate models that are more benign. One was the forced exile of Ferdinand Marcos and his odious family to the USA in 1986, leading to Mrs Benito Aquino becoming President of the Philippines. She and Fidel Ramos had led ordinary people to the most peaceful bloodless revolution ever seen until then, and coined the term “People Power”. Democracy has had its problems here but has survived intact ever since. Another relevant model has to do with the forced departure for Bombay of Hari Singh of Jammu and Kashmir (who pretended to “abdicate” in favour of his young son though in fact no such alternative existed in international law). Sheikh Abdullah knew his constitutional politics well enough and then led J&K to a reasonable Constituent Assembly. Our Pakistani cousins, cut from the same political cloth as ourselves, embarked haplessly saying “That the sovereignty in Pakistan belongs to God Almighty alone and that the Government of Pakistan shall administer the country as His agent”. In the words of Rashid Rida and Maulana Maududi, Islam becomes “the very antithesis of secular Western democracy. The philosophical foundation of Western democracy is the sovereignty of the people. Lawmaking is their prerogative and legislation must correspond to the mood and temper of their opinion… Islam… altogether repudiates the philosophy of popular sovereignty and rears its polity on the foundations of the sovereignty of God and the viceregency (Khilafat) of man.” Sheikh Abdullah by contrast told the J&K Constituent Assembly: “You are the sovereign authority in this State of Jammu & Kashmir; what you decide has the irrevocable force of law. The basic democratic principle of sovereignty of the nation, embodied ably in the American and French Constitutions, is once again given shape in our midst. I shall quote the famous words of Article 3 of the French Constitution of 1791: `The source of all sovereignty resides fundamentally in the nation. Sovereignty is one and indivisible, inalienable and imprescriptable. It belongs to the nation.’ We should be clear about the responsibilities that this power invests us with. In front of us li e decisions of the highest national importance which we shall be called upon to take. Upon the correctness of our decisions depends not only the happiness of our land and people now, but the fate as well of generations to come.”

 

 

The fact the young son of Hari Singh then caused or contributed to a putsch against Abdullah is among the most regrettable events contributing to the misfortunes of J&K’s recent history. Nepal is going through its own French Revolution in which Gyanendra is no longer able to claim the “Divine Right of Kings” simply because his people have permanently withdrawn their acceptance of his legitimacy.

 

In the circumstances, Nepalese of all political colours would do very well to remember that the greatest of them in the history of mankind was a Hindu prince who became the founder of Buddhism. As the Himalayan home of Hindus and Buddhists and many others, the Nepalese Revolution could be among the most exemplary in being peaceful without bloodshed. The aim of Indians and all other friends of Nepal must be to seek to ensure that.

Iran’s Nationalism

IRAN’S NATIONALISM

Is America close to breaking its pledged word?

First published in The Statesman Editorial Page, 6 April 2006

by

Subroto Roy

Ayatollah Khomeini was the Ho Chi Minh of Iran. Ho was both a communist and a Vietnamese nationalist, but America’s Presidents from Eisenhower to Nixon failed to see the latter. Khomeini was both a devout Shia Muslim and an Iranian nationalist yet America’s Presidents from Carter to W. Bush refused to see his Revolution being as much about Iranian nationalism as about creating an Islamic Republic. As a general rule, Western countries allow for nationalism among other Western countries but not among non-Western countries. Immanuel Kant’s dictum of treating everyone as an end in himself/herself and not as a means towards one’s own ends, is applied in intra-Western international relations but often not when the West deals with others. But Indians did not have to be communists to sympathise with Vietnam’s struggle against first France and then America, and Indians do not have to be Shia Muslims to sympathise with Iran’s struggle against an impending Anglo-American aggression. The opaque Manmohan- Montek deal-making with America on behalf of India’s people may need to be set aside in such a context — while it might benefit several dozen businesses on both sides and several hundred bureaucrats may become even fatter with bribes, it may have next to nothing to do with any dimension of India’s national interests.

US pledge 1981, policy 2006

On January 19 1981, the Government of the United States signed what came to be called the Algiers Accord, the first point of which stated: “Non-Intervention in Iranian Affairs: The United States pledges that it is and from now on will be the policy of the United States not to intervene, directly or indirectly, politically or militarily, in Iran’s internal affairs.” This was part of a comprehensive truce between Khomeini’s Iran and the USA in regard to the war-like conditions then prevailing between them. That pledge now seems about to be broken. British newspapers reported on April 2 2006 that the Blair Government is holding “secret talks” with its own Chief of Defence Staff, Chief of Defence Intelligence and others to discuss “an American-led attack, designed to destroy Iran’s ability to develop a nuclear bomb… if Tehran’s leaders fail to comply with United Nations demands to freeze their uranium enrichment programme.” This is despite the British foreign minister saying last month “that a military attack against Iran was ‘inconceivable’”. America’s “National Security Strategy” dated March 16 2006 states the policy clearly: “We may face no greater challenge from a single country than from Iran. For almost 20 years, the Iranian regime hid many of its key nuclear efforts from the international community. Yet the regime continues to claim that it does not seek to develop nuclear weapons. The Iranian regime’s true intentions are clearly revealed by the regime’s refusal to negotiate in good faith; its refusal to come into compliance with its international obligations by providing the IAEA access to nuclear sites and resolving troubling questions; and the aggressive statements of its President calling for Israel to ‘be wiped off the face of the earth’. The United States has joined with our EU partners and Russia to pressure Iran to meet its international obligations and provide objective guarantees that its nuclear program is only for peaceful purposes. This diplomatic effort must succeed if confrontation is to be avoided. As important as are these nuclear issues, the United States has broader concerns regarding Iran. The Iranian regime sponsors terrorism; threatens Israel; seeks to thwart Middle East peace; disrupts democracy in Iraq; and denies the aspirations of its people for freedom. The nuclear issue and our other concerns can ultimately be resolved only if the Iranian regime makes the strategic decision to change these policies, open up its political system, and afford freedom to its people. This is the ultimate goal of U.S. policy. In the interim, we will continue to take all necessary measures to protect our national and economic security against the adverse effects of their bad conduct. The problems lie with the illicit behavior and dangerous ambition of the Iranian regime, not the legitimate aspirations and interests of the Iranian people. Our strategy is to block the threats posed by the regime while expanding our engagement and outreach to the people the regime is oppressing.“

Attack scenario

In one scenario, America will make a surprise cruise-missile attack on Iranian buildings “suspected” of producing biological weapons. If the Iranians respond in any way other than total submission, it will be sufficient to launch a major bombing of Iran’s military facilities using B-2 bombers based in Diego Garcia, England and other American bases, possibly using nuclear “earth penetrating” weapons to attack underground facilities. Of course it is not impossible the British and Americans are merely setting up a bluff to scare the Iranians into complying without a fight, but the existence of aggressive war plans and preparations cannot be doubted.

Now it is possible the Americans will say they are not bound by the pledge made in the Algiers Accord in January 1981 to not intervene in Iran’s affairs. In breach of all diplomatic law, 66 Americans had been taken captive by Iranians seizing the American Embassy on November 4 1979. Six others escaped with the help of the Canadian and Swedish embassies. Of the 66, 13 women and black Americans were released two weeks later; one man was released due to ill-health in July 1980. The remaining 52 including two women and one black American were released on January 20 1981 by the terms of the Algiers Accord just before Ronald Reagan took over as President of the United States. Eight American military personnel were killed on April 25 1980 in a failed attempt to rescue them. The official designations of the 52 (who had been held captive for 444 days) included 10 military attachés; 6 “communications and electronics specialists”; 8 political and administrative officers, and 12 diplomatic/consular staff. In addition there were 12 guards and 4 others. Even if the US Embassy in Tehran was a den of spies as the Iranians claimed, the Revolutionary Government could have ordered them all to leave and to have ended diplomatic relations in accordance with international law. What explained Iranians’ anger for them to have violated international law so brazenly? That was the age before terrorism, and nor was Iran a player in the conflict between Israel and the Arabs.

Iran’s anger stemmed from having felt being used by Britain, America and Soviet Russia for half a century before the 1979 Khomeini Revolution – from having been merely means towards their ends in violation of the Kantian dictum. It was almost as if Britain and America had said to Iran and the entire Middle East, “We invented the internal combustion engine and the automobile which uses it, and we also discovered the petroleum that runs it; the mere fact you happen to sit on this petroleum does not make you own it; we own it too and we will take it by force whenever necessary.” During the Cold War, the USSR followed suit, and now after the Cold War has ended, the new Russia is a Western ally in the same kind of attempted domination over non-Western countries like Iran (or Pakistan and India, who get sold a lot of useless weapons to fight each other with).

Mossadeq the democrat

Specifically, if the January 1981 Algiers Accord was signed by the USA under duress, the Iranians could say that Iran had been cheated into signing the 25 year agreement of September 1954 with an international oil consortium led by the Anglo-Iranian Oil Company. Iran would receive 50% profit on all Iranian oil exported, after paying the AIOC ₤25 million in compensation for having nationalised it in 1951 under the democratic government of Mohammad Mossadeq which had broken off diplomatic relations with Britain. Mossadeq was overthrown by an Anglo-American coup détat in August 1953, and replaced by the compliant General Fazlollah Zahedi and Shah Mohammad Reza Pahlavi. Arthur Millspaugh, an American invited by the Iranians to help their public finances, once wrote: “Persia cannot be left to herself, even if the Russians were to keep their hands off politically. …Persia has never yet proved its capacity for independent self-government.” Millspaugh’s 1925 book titled America’s Task in Persia seems to have remained the handbook of Western policy towards Iran. Khomeini’s Revolution was its antithesis.

Separation of Powers: India, the USA, Pakistan

SEPARATION OF POWERS

Montesquieu’s Spirit of the Laws outlined a doctrine that applies to India, the USA and all constitutional democracies: there is no monopoly of political wisdom.

By SUBROTO ROY
First published in The Sunday Statesman, The Statesman Editorial Page, Special Article Feb 12-13 2006

The Speaker’s noble office is that of the single member of the House, traditionally chosen by unanimity, whose task it is to self-effacingly maintain order in Parliamentary debate and proceedings, so that the House’s work gets done. C’est tout. Once chosen Speaker, he ipso facto retires from partisan politics for life. The Speaker neither contributes to the substance of Parliamentary debate (except in the rare case of a tie) nor has to feel personally responsible for Parliament’s conduct.

Our Parliament has tended to become so dysfunctional since Indira Gandhi and her sycophants destroyed its traditions 30 years ago, that supervising its normal work is an onerous enough task for even the finest of Speakers to handle.

The Lok Sabha’s incumbent Speaker has tended to see himself as the champion of Parliament.  He need not.  He does not command a majority in the Lok Sabha; the Government Party does. We have had the oddest peculiarity unfolding in India at present where the person who does command the Lok Sabha’s majority, and therefore who would be normally defined as Prime Minister of India, has chosen to nominate someone who is not a member of the Lok Sabha to act as Prime Minister, i.e. to command the Lok Sabha’s majority. (The Rajya Sabha was and remains irrelevant to most things important to Indian democracy, regardless of its narcissism and vanity). Someone with access to 10 Janpath should have told Sonia Gandhi in May 2004 that if she did not wish to be PM and wanted to gift the job to someone else, she should do so to someone who, like herself, had been elected to the Lok Sabha, like Pranab Mukherjee (elected for the first time) or Kamal Nath or Priya Ranjan (both veterans).

Manmohan Singh, a former Lok Sabha candidate, may as Finance Minister have been able to progress much further with economic reforms. But sycophancy has ruled the roost in the Congress’s higher echelons, and nobody had the guts to tell her that. Indeed as early as December 2001, Congress leaders knew that in the unlikely event they won the polls, Manmohan Singh would likely be PM by Sonia Gandhi’s choice (though he was not expected to last long at the top), and yet he did not contest the Lok Sabha polls in 2004.

The Government of the day, not the Speaker, is Parliament’s champion in any discussion with the Supreme Court over constitutional rights and Separation of Powers. And the Government has in fact quietly and sensibly requested the Supreme Court to set up a Constitutional Bench for this purpose. Such a Constitutional Bench shall have cause to ask itself how far Kesavananda Bharati needs to be tweaked if at all to accommodate the contention that Parliament has a right to judge its own members. The Court may well likely say that of course Parliament has a right to judge its own members but even that right is not an absolute right, (nothing is). Even Parliament’s right to judge its own members must be in accordance with natural law, with principles of justice, with due and clearly defined processes. E.g. the established Privileges Committee and not the ad hoc Bansal Committee had to do the needful.

Imagine a hypothetical case of fantastic fiction where half a dozen independent MPs are elected to a future Lok Sabha, and then take it upon themselves to expose corruption and shenanigans of all major political parties. Our fantastic super-heroes become whistleblowers within Parliament itself while remaining totally incorruptible as individuals — like Eliot Ness’s team who jailed Al Capone and other gangsters, and came to be depicted in Hollywood’s The Untouchables. These Untouchables would come to be feared and despised by everyone from Communists on one side of the political spectrum to Fascists on the other. They would upset everybody precisely because they were so clean and were not purchasable. The Government and Opposition of the day might wellgang up to expel such troublemakers and even fabricate charges to do so. (Now there’s a script for a Bollywood movie!)

What our Supreme Court’s Constitutional Bench decides now in the matter at hand will determine the fate of our super-heroes in such a future fantasia. The present case is a polar opposite — where MPs have been caught on camera with their sordid fingers in the cookie-jar, and then made to walk the plank immediately by their peers. Yet natural law applies here as it will to our fantastic future fighters, and this is what the Bench would have to speak on.

Why the present situation continues to be disconcerting is because the whole country heard all the holier-than-thou protestations, yet everyone continues to take a very dim view of what they see of politicians’ behaviour. There remain strong suspicions that only a few very tiny tips of very large icebergs were or can be caught on camera. Large-scale deals and contracts involve payments into invisible bank accounts, not petty cash into pockets or even suitcases filled with cash sloshing around Delhi.

What we have desperately needed in the situation is modern prime ministerial leadership which could intelligently and boldly guide national debate in the right direction on the whole matter of probity in public life. Why a distinguished parliamentarian like the Speaker has found himself in the limelight is because neither the de jure nor de facto Prime Ministers of India are anywhere to be seen thinking on their feet on these central issues of constitutional procedure and practice. They tend to use prepared scripts and may be temperamentally disinclined to do what has been called for by these unscripted circumstances. (Indeed the much-maligned H. D. Deve Gowda could be alone among the bevy of recent PMs who has been able to think on his feet at all.)

Collapse Before Executive Power

In the meantime, the United States is going through its own Separation of Powers’ crisis. As explained in these columns previously, the American system is distinctly different from the British, and our own system is midway between them. Yet similar principles may be discerned to apply or fail to be applied in all.

Winston Churchill once perspicaciously observed:

“The rigid Constitution of the United States, the gigantic scale and strength of its party machinery, the fixed terms for which public officers and representatives are chosen, invest the President with a greater measure of autocratic power than was possessed before (the First World War) by the Head of any great State. The vast size of the country, the diverse types, interests and environments of its enormous population, the safety-valve function of the legislatures of fifty Sovereign States, make the focussing of national public opinion difficult, and confer upon the Federal Government exceptional independence of it except at fixed election times. Few modern Governments need to concern themselves so little with the opinion of the party they have beaten at the polls; none secures to its supreme executive officer, at once the Sovereign and the Party Leader, such direct personal authority.”

America’s Legislative Branch has, on paper, strong powers of advice and consent to control errors, excesses or abuse of power by the Executive President. But (with rare and courageous exceptions like Sen. Robert C. Byrd of West Virginia) the Legislature cravenly collapsed before the father-son Bush presidencies in regard to the Middle East wars of recent years. America’s once-revered federal judiciary has also tended to lose its independence of mind with overt politicisation of judicial appointments in recent decades.

Bush the First went to war against Saddam Hussein (a former American ally against Islamic Iran) at least partly with an eye to winning re-election in 1992 (which he would have done as a result but for a random shock known as Ross Perot; Bill Clinton became the beneficiary). Bush the Second obsessively wished to follow up on the same, to the point of misjudging the real threat to America from Bin Laden and fabricating a false threat from an emasculated Saddam.

America’s Legislature palpably failed to control her Presidents. Now, late in the day, after all the horses have bolted, the Senate Judiciary Committee began tepid hearings on February 5 2006 into whether the President authorized laws to be broken with impunity in regard to wire-tapping some 5,000 citizens (doubtless mostly non-white and Muslim) without judicial warrants. Republican Senator Arlen Specter, the Committee’s Chairman, has said he believes the Foreign Intelligence Surveillance Act has been “flatly” violated, and “strained and unrealistic” justifications are now being offered. Bush’s men, from his Vice President and Attorney General to political intelligence operatives, have brazenly placed in the dustbin the traditional principle fiat justitia pereat mundus — let justice be done even if the world perishes — saying that the Sovereign can do just as he pleases to save the realm from external enemies as he might perceive and define them to be.

What this kind of collapse in current American practice reveals is a new aspect unknown at the time of Montesquieu’s Spirit of the Laws. In the modern world, Separation of Powers involves not merely constitutional institutions like Executive, Legislature and Judiciary but also the normal civil institutions of a free and open society, especially academic institutions and the press. In America, it has been not merely the Legislature and Judiciary which have tended to collapse before Executive Power in regard to the recent Middle East wars, but the media and academia as well.

“Embedded reporters” and Fox TV set the tone for America’s official thought processes about Iraq and the Muslim world — until it has become too late for America’s mainstream media or academics to recover their own credibility on the subject. On the other hand, unofficial public opinion has, in America’s best traditions, demonstrated using vast numbers of Internet websites and weblogs, a spirited Yankee Doodle individuality against the jingoism and war-mongering of the official polity.

Neither the press nor academia had collapsed the same way during America’s last major foreign wars in Vietnam and Cambodia forty years ago, and it may be fairly said that America’s self-knowledge was rather better then than it is now, except of course there were no Internet websites and weblogs.

Our Pakistani Cousins
Across the border from us, our Pakistani cousins are, from a political and constitutional point of view, cut from the same cloth as ourselves, namely the 1935 Government of India Act, and the Montague-Chelmsford and Morley-Minto reforms earlier. However, ever since Jinnah’s death, they have refused to admit this and instead embarked haplessly on what can only be called an injudicious path of trying to write a Constitution for a new Caliphate. The primary demand of the main scholars influencing this process was “That the sovereignty in Pakistan belongs to God Almighty alone and that the Government of Pakistan shall administer the country as His agent”. By such a view, in the words of Rashid Rida and Maulana Maududi, Islam becomes “the very antithesis of secular Western democracy. The philosophical foundation of Western democracy is the sovereignty of the people. Lawmaking is their prerogative and legislation must correspond to the mood and temper of their opinion… Islam… altogether repudiates the philosophy of popular sovereignty and rears its polity on the foundations of the sovereignty of God and the viceregency (Khilafat) of man.” (Rosenthal, Islam & the Modern National State, Cambridge 1965.) Pakistan’s few modern constitutionalists have been ever since battling impossibly to overcome the ontological error made here of assuming that any mundane government can be in communication with God Almighty. In the meantime, all normal branches of Pakistan’s polity, like the electorate, press, political parties, Legislature and Judiciary, have remained at best in ill-formed inchoate states of being — while the Pakistan Armed Forces stepped in with their own large economic and political interests and agendas to effectively take over the country and the society as a whole, on pretext of protecting Pakistan from India or of gaining J&K for it. Pakistan’s political problems have the ontological error at their root. Pakistan’s political parties, academics and press, have with rare exceptions remained timid in face of the militaristic State — directing their anger and frustration at an easier target instead, namely ourselves in India. The Pakistan Government’s way of silencing its few political, academic or press dissidents has been to send them into comfortable exile abroad.

Sheikh Abdullah Contrasted
Pakistan’s perpetual constitutional confusion deserves to be contrasted with the clarity of Sheikh Mohammad Abdullah’s thinking, e.g. his 5 November 1951 speech to the Constituent Assembly of J&K: “You are the sovereign authority in this State of Jammu & Kashmir; what you decide has the irrevocable force of law. The basic democratic principle of sovereignty of the nation, embodied ably in the American and French Constitutions, is once again given shape in our midst. I shall quote the famous words of Article 3 of the French Constitution of 1791:- ‘The source of all sovereignty resides fundamentally in the nation. Sovereignty is one and indivisible, inalienable and imprescriptable. It belongs to the nation.’ We should be clear about the responsibilities that this power invests us with. In front of us lie decisions of the highest national importance which we shall be called upon to take. Upon the correctness of our decisions depends not only the happiness of our land and people now, but the fate as well of generations to come.”

Contrasting the Pakistani views of constitution-making with those of Sheikh Abdullah may help to explain a great deal about where we are today on the delicate and profound subject of J&K. (See “Solving Kashmir”, The Statesman, December 1—3, 2005)

India’s current debate about Separation of Powers needs to keep at a distance the clear negative examples of our American friends, who have brought upon themselves in recent times a craven collapse of Legislature, Judiciary, press and academia to the Executive President (as Churchill had seemed to predict), as well as of our Pakistani cousins who have continued with general political and civil collapse for half a century. Because our universities are all owned by the State, India’s academics, from Communist to Fascist, have tended to be servile towards it. In respect of the press, the power of independent newspapers has been dwindling, while the new TV anchors have created their own models of obsequiousness and chummery towards New Delhi’s ruling cliques of the day. It thus becomes India’s Supreme Court which remains the ultimate guardian of our Constitution and the safest haven of our very fragile freedoms — besides of course our own minds and hearts.

Of Graven Images

OF GRAVEN IMAGES

It is a fallacy of our narcissistic age to expect images of what supreme leaders of thought may have looked like; their teachings and deeds are unaffected by our erroneous expectations

By SUBROTO ROY

First published in The Statesman Editorial Page Special Article, Feb 5 2006

IT is hard for us in our narcissistic age of photography, cinema, TV and the Internet to imagine older worlds and cultures where men and women (especially named historical figures) lived and died without any images whatsoever being left behind of what they may have looked like. Few of us know what our own great great grandparents looked like, and they died only a century ago. In Indian religious and philosophical thought, we hardly even know any names.

Eliot in his monumental Hinduism and Buddhism said, “In reading the Brahamanas and older Upanishads we often wish we knew more of the writers and their lives. Rarely can so many representative men have bequeathed so much literature and yet left so dim a sketch of their times. Thought was their real life… we hear surprisingly little about contemporary events.”

In Jain tradition, the first saint, Risabha, son of a king of Ayodhya, was born 100 billion sagaras of years ago, where one sagara is 100 billion palyas, and a palya is the period in which a well a mile deep filled with fine hairs can be emptied if one hair is withdrawn every one hundred years. That is a long time. Risabha lived 8,400,000 years, exceeding all the enormous longevities mentioned in Judaeo-Christian scriptures.

Fortunately for the cause of logic and natural science, “the lives of his successors and the intervals which separated them became shorter”. In Asoka’s edicts, the Jains find their first definite objective mention outside fable, myth and legend. Mahavira, the 24th and greatest Jain saint, whose personal name was Vardhamana, was a contemporary of Buddha though somewhat older. His parents lived in a suburb of Vaisali. When he was 34, “they decided to die by voluntary starvation and after their deaths he renounced the world and started to wander naked in western Bengal, enduring some persecution as well as self-inflicted penances.” Thirteen years later, at age 47, Mahavira had attained enlightenment and appeared as the head of the Nigantha religious order, i.e. the “unfettered”, and it is by that name that the Jains are known to the Buddhists. No image of the historical Mahavira is available, which should not surprise us given the great length of time that separates us as well as the simple fact that the art of realistic portrait-painting is but a few centuries old — starting with, say, Rembrandt and the Dutch Masters — and of course the arts of photography etc are all wholly recent.

Of Gotama, the Buddha, the Sakyamuni of Mahayana tradition, there have been countless images made over the millennia though none may bear any recognisable likeness to the actual man. During his period of fruitless self-mortification, we have his own words “When I touched my belly, I felt my backbone through it and when I touched my back, I felt my belly”. After his enlightenment, wanderings and teachings, the “beauty of his appearance and the pleasant quality of his voice are often mentioned but in somewhat conventional terms which inspire no confidence that they are based on personal reminiscence, nor have the most ancient images which we possess any claim to represent his features, for the earliest of them are based on Greek models and it was not the custom to represent him by a figure until some centuries after his death.”

It is possible “the truest idea of his person is to be obtained not from the abundant effigies which show him as a somewhat sanctimonious ascetic, but from the statues of him as a young man such as that found at Sarnath, which may possibly preserve not indeed the physiognomy of Gotama but the general physique of a young Nepalese prince, with powerful limbs and features and a determined mouth. For there is truth at the bottom of the saying that Gotama was born to be either a Buddha or a universal monarch: he would have made a good general, if he had not become a monk” (Eliot).

In case of Yeshua ben Nazereth, the founder of Christianity, the controversy has become most intense in recent times. A trial has begun in an Italian courtroom on 27 January 2006 as to whether Jesus existed at all, whether the Roman Catholic Church has violated Italian law by teaching about him. An atheist plaintiff, Luigi Cascioli, has alleged “The Church constructed Christ upon the personality of John, the son of Judas of Gamala”, and claims it is up to the Church to prove in court that Jesus did exist. A priest, Enrico Righi, representing the Church in court, has been accused of breaking two laws: impersonation and abuse of public belief, for having published in a parish bulletin that Jesus was born of a couple named Mary and Joseph in Bethlehem and lived in Nazareth. Judge Gaetano Mautone initially refused to hear the case but was forced to do so after being over-ruled by the Court of Appeals.

As for what the historical Jesus may have looked like, The Bible gives no physical description other than in Isaiah 53:2b, “he hath no form nor comeliness, and when we shall see him, there is no beauty that we should desire him.”As a Palestinian Jew, Jesus was likely to have been dark, not the blue-eyed Nordic Jesus of modern American imagination with Presbyterian nose, long blonde hair and height of six feet (Fig. 1). For centuries, the Shroud of Turin was believed by many to have been the actual burial cloth of Jesus — until modern scientific techniques of carbon-dating have conclusively proved that the Shroud was probably of a medieval nobleman and had nothing to do with the historical Jesus. Out of respect as well as sheer ignorance of what he may have looked like, modern cinematic productions traditionally did not show Christ’s face. But based on the Shroud of Turin image (Fig 2), the actor Jim Caviezel recently acted the role of Jesus in “The Passion of the Christ” (Fig. 3). Jean Claude Gragard, in a 2001 BBC documentary “Son of God” chose a different way. “Using archaeological and anatomical science rather than artistic interpretation makes this (Fig 4) the most accurate likeness ever created. It isn’t the face of Jesus, because we’re not working with the skull of Jesus, but it is the departure point for considering what Jesus would have looked like.” They “started with an Israeli skull dating back to the 1st century. They then used computer programs, clay, simulated skin and their knowledge about the Jewish people of the time to determine the shape of the face, and colour of eyes and skin.” The result is “a broad peasant’s face, dark olive skin, short curly hair and a prominent nose, about 5’ 1” in height, 110 pounds in weight.” We do not and cannot in practice know what Jesus looked like but this might be closer to the truth than the work of great artists.

And of course, Jesus’ Divinity to Christian believers, and his teachings and deeds for all mankind, like those of Mahavira or Buddha or other supreme leaders of human thought like Aristotle, Zarathustra, Confucius, Muhammad and Nanak, are unaffected by whatever image people have erroneously made of them.

see also my Twitter Wall on the CharlieHebdo controversy; also https://independentindian.com/2001/12/22/the-case-for-and-against-the-satanic-verses/ and https://independentindian.com/science-religion-art-the-necessity-of-freedom-2004/

On Hindus and Muslims

On Hindus and Muslims

by

Subroto Roy

First published in The Statesman, Perspective Page, Nov 6 2005

The one practical contribution made to India’s polity by the Hindu Mahasabha was to thwart the Sarat Bose/Suhrawardy idea in 1946-1947 of a “United Bengal”, which inevitably would have led to Kolkata andWest Bengal becoming part of Pakistan. The one practical contribution made to India’s polity by the Rashtriya Swayamsevak Sangh was to help defend against the Pakistani attack upon Jammu & Kashmir which commenced on 22 October 1947 and included the Rape of Baramulla a few days later. The RSS contribution may have been more than what Sheikh Abdullah and the National Conference or Jawaharlal Nehru and the Government of India cared to admit because it had had an offensive aspect as well; RSS attacks on Muslim civilians in the Mirpur-Pooncharea later formed the basis of Pakistan’s justification for the October 1947 attack and the origins of the “Azad Kashmir” idea. Practical contributions were also made by individuals like Shyama Prosad Mookerjee, who, for example, as a member of Nehru’s Cabinet, responded immediately to information received from a young Government of India officer in Karachi in September 1947, sending ships and Navy frigates from Bombay to retrieve thousands of Hindu refugees in danger of being massacred. The one theoretical contribution made by the Hindutvadi organisations in India has been to establish that it is not a matter of shame and can be a matter of pride to be a Hindu, or, more generally, to be an Indian in the modern world. This is important, even though most RSS and BJP members today may have altogether failed themselves to understand its nature and significance. Indeed, the small handful of Muslims who have been part of their organisations may have understood it rather better.

To be Muslim, a person has only to believe that God is One and Muhammad is the last of the prophets, i.e. to pronounce the Kalma. Nothing else is either necessary or sufficient. Praying daily, facing Mecca (or Jerusalem before it), going on pilgrimage, fasting during Ramzan, giving to the poor, circumcising boys, polygamy, inducing the modesty of women though seclusion or the veil, have all been part of Muslim practice for ever because they were aspects of the Prophet’s life. But if a Muslim did not pronounce the Kalma, everything else he/she might do is rendered meaningless. The Kalma is necessary and sufficient for Islamic belief. All else is incidental and logically superfluous.

The first half of the Kalma is a commitment to an austere monotheistic ontology; the second half is an oath of fidelity to the Prophet because he was the original exponent of this ontology (in Arabic). Muhammad (572-632 AD) was without a doubt among the greatest of men, as may be measured by his vast impact on human history. His total self-effacement and abhorrence of adulation was signified when at his death it was famously said “If you are worshippers of Muhammad, know that he is dead. If you are worshippers of God, know that God is living and does not die”.

Abul Kalam Azad understood well that there was no contradiction between being Muslim by faith and Indian by nationality. “My ancestors came to India from Herat in Babar’s time…” is how he began his autobiography. No one could think Azad anything but a proud Indian nationalist. No one ~ certainly not MA Jinnah ~ could think of Azad as anything but a Muslim and a scholar of Islam. Yet Azad’s respect and admiration (like that of Khan Abdul Ghaffar Khan) knew no bounds for the only reformer since Vivekananda that Hinduism has seen in the 20th century: a Congress politician by the name of MK Gandhi,who came to be murdered by Hindu fanatics. By contrast, Jinnah, the political founder of Pakistan, could see Congress only as a Hindu party and Gandhi the Hindu leader using Hindu symbols against whom he was juxtaposed in a struggle for power after the British left: “Congress leaders may shout as much as they like that the Congress is a national body. But …(the) Congress is nothing but a Hindu body,” he declared in 1938. Jinnah’s ambition, and that of the separatist Muslim elite, demanded that they rule themselves in isolation in corners of India.

Throughout the period of Hindu Westernisation in response to the opening to the world presented by the British Raj, the Muslim elite were instead chafing under the idea that an India free of British rule could possibly have Muslims living under governments composed of people who were not “People of the Book” mentioned in the Muslim scriptures. Even if British rule had been almost intolerable in Muslim eyes ~ rendering India’s territory dar-ul-harb at worst or dar-ul-aman at best ~ the British were at least “People of the Book”. After a British departure, rule over Muslims by a Hindu majority, supported by the much-feared Sikhs (“kaffirs with beards” in Muslim popular perception), was felt to be psychologically intolerable. Not only were Hindus, in Muslim eyes, polytheistic believers in idol-worship and practitioners of a caste-system, but everyone knew that the vast majority of India’s Muslims had been themselves converts from the same Hindu social and cultural origins, and there would be constant danger of relapse of Muslims into Hindu beliefs and practices if the country was governed by a Hindu majority. The slogan “Islam in danger” has always had substance in the sense that the faithful have constantly had to mind the dangers of yielding to temptations around them, including scepticism, syncretism and pantheism. Hence, insularity and communalism ~ a psychological circling of the wagons in terms of the American Wild West ~ was a natural political response of Muslims to the Hindu (and Parsee and Christian) modernisation of India in the 19th and 20th centuries.

Such were the implicit unspoken premises driving the Pakistan Movement which Iqbal and Jinnah came to lead in the 20th century. The origins lay in the thoughts and deeds of Shah Wali Allah (1703-1762) and his Arab contemporary in Nejd, Mohammad Ibn Abdal Wahhab, the founder of Wahhabism. It continued with men like Sayyid Ahmed Barelvi(1786-1831), and Titu Mir (1782-1831), until we reach the Islamic “moderniser” Sayyid Ahmed Khan who, while being the founder of Muslim higher education at Aligarh, was also the fountainhead of the separatism that led to the Muslim League’s creation in 1906. “We are an Arab people whose fathers have fallen in exile in the country of Hindustan, and Arabic genealogy and Arabic language are our pride,” Wali Allah had said. Barelvi after him declared: “We must repudiate all those Indian, Persian and Roman customs which are contrary to the Prophet’s teaching.” “In the later 1820s, (Barelvi’s) movement became militant, regarding jihad as one of the basic tenets of faith. Possibly encouraged by the British, with whom the movement did not feel powerful enough to come to grips at the outset, it chose as the venue of jihad the NW frontier of the subcontinent, where it was directed against the Sikhs. Barelvi temporarily succeeded in carving out a small theocratic principality which collapsed owing to the friction between his Pathan and North Indian followers; and he was finally defeated and slain by the Sikhs (at the battle of Balakot) in 1831,” points out Aziz Ahmed, in AL Basham’s A Cultural History of India. Barelvi’s jihadi proto-Pakistan state near Peshawar was named Tariqa-yi Muhammadiya; it may have survived at Sittana until the First World War. Leaving to one side Rahmat Ali’s lonely scheming from England and invention on the top floor of a London bus of the name “PAKSTAN”, such was the genesis of Iqbal and Jinnah’s Muslim state.

Azad, on behalf of scores of millions of Muslim Indians including Sheikh Abdullah and Zakir Hussain and Ghaffar Khan among the most prominent, candidly raised objections to this entire exercise: “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 recognises no such division and the Prophet says `God made the whole world a mosque for me’.”

Azad had seen that India is or can be dar-ul-Islam or at least dar-ul-aman and not dar-ul-harb, because the Muslim in this land of ours –bounded by the mountains and the seas, with the rivers in between them, all of which the Hindu finds sacred and imagines to be the home of the Hindu pantheon – is in fact able to practise his/her faith freely despite the majority culture superficially being or seeming to be one which is polytheistic and pantheistic. The majority culture in India has had no theoretical or practical difficulty with the recitation of the Kalma anywhere or anytime in the country. The handful of Muslims in the RSS and BJP today may have understood something of the same. Visiting Pakistanis today are amazed by two things in India: the presence of women in public life and the fact that Muslims are free to practise Islam. Muslims may privately believe their Hindu compatriots or cousins to be hopelessly ignorant of the truth, and vice-versa, but nothing in public life needs to hinge on such mutual beliefs people have about one another. That is what was meant when the present author said in the Introduction to Foundations of Pakistan’s Political Economy that Jinnah’s address to Pakistan’s Constituent Assembly was as secular as any that may be found.

Iqbal & Jinnah vs Rahmat Ali in Pakistan’s creation

Iqbal & Jinnah vs Rahmat Ali in Pakistan’s Creation

By Dr Subroto Roy

First published in Dawn (Karachi) Encounter September 3, 2005

MUHAMMAD IQBAL (1877-1938) was the poetic and spiritual genius who (at least in the 20th Century) inspired the notion of a Muslim homeland in northwestern India. His seminal 1930 presidential speech to the Muslim League in Allahabad laid the foundation stone of the new country that was yet to be. He said “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…”.

Iqbal did not see such a Muslim state being theocratic and certainly not one filled with anti-Hindu bigotry:

“A community which is inspired by feelings of ill-will towards other communities is low and ignoble. I entertain the highest respect for the customs, laws, religious and social institutions of other communities… Yet I love the communal group which is the source of my life and my behaviour… Nor should the Hindus fear that the creation of autonomous Muslim states will mean the introduction of a kind of religious rule in such states… I therefore demand the formation of a consolidated Muslim state in the best interests of India and Islam. For India it means security and peace resulting from an internal balance of power, for Islam an opportunity to rid itself of the stamp that Arabian Imperialism was forced to give it, to mobilise its law, its education, its culture, and to bring them into closer contact with its own original spirit and the spirit of modern times”.

Now such a Muslim country as conceived by Muhammad lqbal — and which, as it happens, constitutes more or less the territory of present-day Pakistan other than East Punjab— did not necessarily have to receive the name it did come to receive. It might have been named “Dar-e-Islami-Hind” or the “Indus Islamic Republic” or “Indic Islamabad” or “The Republic of North-Western India” or some other such appropriate appellation — even “Iqbalistan” perhaps or some name deriving from Iqbal’s notion of “khudi” which he had developed from his admiration as a young man for the philosophy of Friedrich Nietzsche.

Nor did Mohammad Ali Jinnah (1876-1948) himself, the explicit and acknowledged political founder of the new country, use the appellation that it did come to have, not even when he introduced the Lahore Resolution in the 1940 meeting of the Muslim League which aimed to implement Iqbal’s idea. It was Iqbal who persuaded Jinnah to return to India from England, where Jinnah had settled in a law practice again after his first stint in Indian politics, and in 1934 Jinnah had done so when elected to the Central Legislative Assembly in a reserved seat for Bombay Muslims.

By 1938 Jinnah had declared his permanent opinion: “Congress leaders may shout as much as they like that the Congress is a national body. But … (the) Congress is nothing but a Hindu body”. Finally, at the Lahore session of the Muslim League in 1940, Jinnah introduced the idea: “That geographically contiguous units are demarcated into regions which should be so constituted, with such territorial readjustments as may be necessary, that the areas in which the Muslims are numerically in a majority, as in the North-Western and Eastern zones of India should be grouped to constitute Independent States in which the constituent units shall be autonomous and sovereign”.

Who had seconded Jinnah’s Lahore Resolution? It had been Sikander Hyat Khan, leader of the Punjab Muslims, and Fazlul Haq, leader of the Bengal Muslim peasantry. Jinnah as of 1940 had been most conspicuously a leader of Muslims only in the Muslim-minority provinces of British India, and clearly had felt it necessary to demonstrate that in proposing the Lahore Resolution he had the support of the two leaders of the two largest Muslim-majority provinces, Punjab and Bengal.

Sikander Hyat Khan had been due to become Deputy Governor of the Reserve Bank of India in Bombay in 1936 when instead he returned to Punjab to lead the Unionist Party of Muslim, Sikh and Hindu landlords in 1937. “The Sikander-Jinnah pact stipulated that the Unionist Party of the Punjab, led by Sikander, would retain full autonomy of the affairs of the province.” Fazlul Haq would later conceive with Sarat Bose (elder brother of Subhash Bose) of a Muslim majority “United Bengal” in an attempt to keep Calcutta out of the new India, a notion which would have Jinnah’s backing but otherwise would not get anywhere. Support for the Lahore Resolution among the Muslims of the princely states like Jammu and Kashmir or Hyderabad was conspicuous by its absence. Neither were they mentioned in Iqbal’s seminal 1930 speech nor in Jinnah’s 1940 Lahore Resolution backed by Sikander Hyat Khan and Fazlul Haq. What has been called the “Paradox of Kashmir” is that prior to 1947 Jammu and Kashmir did not seem to appear in any discussion whatsoever, and yet it has consumed almost all discussion ever since.

To this must be added now another newly understood dimension having to do with the conceptualization and foundation of the new country not only by lqbal the poet and Jinnah the politician, but by the third and upstart founder of Pakistan: its young radical Islamist ideologue, Chowdhury Rahmat Ali (1895-1951).

Official Pakistan has venerated Iqbal and accorded Jinnah due honour and respect but has apparently treated Rahmat Ali as the lunatic uncle who has needed to be locked up secretly in the attic. Yet Rahmat Ali’s impact on the creation of Pakistan and events in the subcontinent equalled those of his two better educated, more respectable and eminent compatriots — and may yet come to exceed them (not necessarily salubriously).

Rahmat Ali was born in a village in Hoshiarpur district of Punjab in 1895, making him almost 20 years younger than Iqbal and Jinnah. He matriculated from Jullunder and graduated in 1919 from Islamia College, Lahore. About 1931, having “accumulated some money as a legal advisor to a Baluchi landlord”, he arrived in England and took admission in Emmanuel College, Cambridge.

By way of studies, Rahmat Ali may have passed a set of Part I exams but not perhaps the Part  II. There does not seem to be any record of him attending the Inns of Court or of being called to the Bar, though he styled himself “Barrister at Law” in his writings. According to the obituary he received in the Emmanuel College Magazine of 1950-51, “he made Cambridge his home, shifting a little unhappily from lodging to lodging, and using, perhaps rather more than was proper, the College as an accommodation address.”

Interviews with his landlady and housekeeper-secretary, conducted by Dr Taufiq Shelley in 1970-71, yielded that Rahmat Ali was a devout pious Muslim who along with a few compatriots had been secretly and secretively very active as a pamphleteer from England creating and spreading among India’s Muslims a radical Islamist ideology for Pakistan, even founding something called the “Pakistan National Liberation Movement”.

Rahmat Ali was inspired by Iqbal’s 1930 call for a Muslim state in northwest India but felt Iqbal had been too vague and was disappointed that Iqbal had not pressed the issue at the Third Round Table Conference. In 1933, apparently on the top floor of a London bus, Rahmat Ali invented for Iqbal’s imagined political entity the name “PAKSTAN”, the P standing for his native Punjab, the A for Afghania, K for Kashmir, S for Sind, and the STAN allegedly doubling up for Balochistan.

Rahmat Ali sought a meeting with Jinnah in London, met him and pressed the name ‘Pakstan’ upon him as a possible nomenclature. “Jinnah disliked Rahmat Ali’s ideas and avoided meeting him”. Jinnah pointed out to Rahmat Ali he had failed to consider the other Muslim majority province, Bengal, as well as Muslim minority regions.

At this, Rahmat Ali produced a general scheme of Muslim domination all over the subcontinent: there would be “Pakistan” in the northwest including Kashmir, Delhi and Agra; “Bangistan” in Bengal; “Osmanistan” in Hyderabad; “Siddiquistan” in Bundelhand and Malwa; “Faruqistan” in Bihar and Orissa; “Haideristan” in UP; “Muinistan” in Rajasthan; “Maplistan” in Kerala; and even “Safiistan” in “Western Ceylon” and “Nasaristan” in “Eastern Ceylon”, etc. The map deriving from such a crank view of history was published by Rahmat Ali in 1934 and came to be widely circulated in his pamphleteering among Indian Muslims at the time.

Rahmat Ali was vituperative in his bigotry against Hindus, referring to the Indian nationalist movement as a “British-Banya alliance” presumably in reference to MK Gandhi’s caste. He even declined to refer to an “India” as having ever existed at all and instead personally renamed the entire subcontinent as “Dinia”, and the oceans and the seas around India as the “Pakian Sea”, the “Osmanian Sea” etc. He urged Sikhs to rise up against the Hindus in a “Sikhistan” (and might have interacted with Master Tara Singh), and indeed urged all of India’s peoples who were not Hindus to rise up in war against Hindus. Given the obscurity of the facts of his life before his arrival at Emmanuel College, what experiences may have led him to such extreme bigotry towards Hindus are not known.

When in 1947 a new but “moth-eaten” country had come to be named with the word he had coined on a London bus more than a dozen years earlier, and was a country which had two “wings” after a partition — the more populous “East Pakistan” and the more arrogant “West Pakistan” — Rahmat Ali turned his wrath from England upon its new government. He condemned Jinnah as being treacherous, and then newly re-interpreted his letters P, A, K, I, S, T, A, N to now refer to Punjab, Afghania, Kashmir, Iran, Sindh, Tukharistan (sic), Afghanistan, and Balochistan.

The word “pak” coincidentally meant pure in Arabic, so Rahmat Ali began to speak of Muslim believers anywhere as being the “Pak” i.e. “the pure” people, and of how the national destiny of the new Pakistan should be to liberate “Pak” people everywhere, including the new India, and create a “Pak Commonwealth of Nations” stretching from Arabia to the Indies. The map he now drew placed the word “Punjab” over Jammu & Kashmir. Thus as of 1947 or so, Rahmat Ali’s crank view of history led to an Asia dominated by a “Pak” empire: However, when Rahmat Ali landed in the new country whose name had been invented by him, he was apparently placed under arrest and deported back to England immediately. In a previous visit to Sikander Hyat’s Punjab, he had been apparently assaulted. He had not been invited to the promulgation of the Lahore Resolution, which, even though it did not refer to his name Pakistan, came to be called the Pakistan Resolution.

Shunned by the officialdom of the new country which now carried the name he had invented, Rahmat Ali died in poverty and obscurity in England during an influenza epidemic in 1951; the Master of Emmanuel College paid for his funeral and was later reimbursed for this by the Government of Pakistan.

In recent years Rahmat Ali has been undergoing a restoration, and his grave at Cambridge has become a site of pilgrimage today for Pakistan’s Islamist ideologues, while his maps, writings and rantings have been reprinted in, e.g., The Nation newspaper in Pakistan as recently as February 2005.

At best, Rahmat Ali may be described as a pious and devout Muslim who was a sincere and ardent Islamist ideologue. At worst he was a deeply bigoted crank and a reactionary Muslim imperialist. His views on Hindus are not far in the level of their depravity from the views of the author of Mein Kampf on the Jews — and ironically the author of Mein Kampf had been a model for a few Hindu authors at the time who wrote with equal bigotry about the Muslims of India.

Indeed Rahmat Ali’s views against Hindus may be classified with those of other bigoted views at the time such as those against Jews or against Muslims, which may all well have been examples or models or counterfoils for one another in the crank fringes of rival ideological movements at the time.

The anti-Hindu bigotry of Rahmat Ali’s views would explain why they were anathema to Jinnah, the secular-minded constitutionalist. Like other Muslim nationalists of his time such as Attaturk, Nasser, Mossadeq or even Saud himself, Jinnah would have been embarrassed to be promoting a reactionary Islamic imperialism in that modernising era that was the middle of the 20th century.

Dr Roy along with WE James created the book Foundations of Pakistan’s Political Economy: Towards an Agenda for the 1990s (Sage, Delhi, OUP, Karachi 1992). His most recent book is one edited with John Clarke, Margaret Thatcher’s Revolution: How it Happend and What it Meant (Continuum, London & New York 2005, 2006).

Science, Religion, Art & the Necessity of Freedom (2004)

Science, Religion, Art & the Necessity of Freedom: Reason’s Response to Islamism

by
Subroto Roy

PhD (Cantab.), BScEcon (London)

(A public lecture delivered as the Wincott Visiting Professor of Economics at the University of Buckingham on August 24 2004, based on a keynote address to the Council of Asian Liberals and Democrats, Manila, November 16 2001.)

I am most grateful to the University of Buckingham for allowing me to refresh and carry forward my research these last several months. For some 25 years I have been learning of and reflecting upon the work of two great modern British philosophers, John Wisdom (1904-1993) and Renford Bambrough (1926-1999). In the 1980s in America, I came to apply their thinking in Philosophy of Economics (Routledge 1989), a book which got me into a lot of trouble there. Returning to Britain in 2004, I am dismayed to find their work almost forgotten or unknown today, even at the Ancient University that had been their home. “Orientalists” from the West once used to comprehend and highlight the achievements of the East for the peoples of the East who were unaware of them; I am happy to return the favour by becoming an “Occidentalist” in highlighting a little of the work of two of Britain’s finest sons of which she has become unaware. Wisdom and Bambrough played a kind of modern-day Plato and Aristotle to the Socrates played by Wittgenstein (1889-1951); the knowledge they achieved in their lives and have left behind for us to use and apply to our own problems make them, in terms of Eastern philosophy, rather like the “Boddhisatvas” of Mahayana Buddhism. I do not expect anyone to share such an extravagant view, and will be more than satisfied if I am able to suggest that we can have a grasp of the nature and scope of human reasoning thanks to their work which may help resolve the most intractable and seemingly irreconcilable of all current international problems, namely the grave cultural conflicts made apparent since September 11 2001.

2. The September 11 attacks aimed to cripple one of the world’s largest and most important countries in a new kind of act of war. The perpetrators apparently saw themselves — subjectively in their own minds — acting in the name of one of the world’s largest and most important religions. Since the attacks, the world has become an unusually bewildering place, as if notions of freedom, tolerance and the rule of law have been proven a lie overnight, as if virtues like patience, common reasoning and good humour have all become irrelevant, deserving to be flushed away in face of a resurgence of ancient savageries. The attackers and their friends taunt the West saying their love of death is greater and more powerful than the West’s love of life; the taunts and the counter-taunts of their powerful adversaries have had the effect of spraying panic, mutual fear, hatred or destruction across the surface of everyday life everywhere, so we now have bizarre scenes of people taking off their shoes and clothes and putting them on again while travelling, and of the British public being advised on how to cope with nerve gas attacks when they might have much rather been watching “reality TV” instead. An Age of Unreason appears upon us.

The very simple proposition I put forward here is this: there are, indeed there cannot be, any conflicts that are necessarily irresoluble. To put it differently, the logical scope of common reasoning is indefinite and limitless. There is no question to which there is not a right answer. If I was asked to answer in one sentence what has been the combined contribution to human thought of Wittgenstein, Wisdom and Bambrough, indeed of modern British philosophy as a whole, I would say it has been the proof that there are no unanswerable questions, that there is no question to which there is not a right answer.
By “common reasoning” I shall mean merely to refer to the structure of any conversation well-enough described by F. R. Leavis’s operators in literary criticism:

“This is so, isn’t it?,

Yes, but….”.

My “yes” to your “This is so, isn’t it?” indicates agreement with what you have said while my “but…” tells you I believe there may be something more to the matter, some further logical relation to be found, some further fact to be investigated or experiment carried out, some further reflection necessary and possible upon already known and agreed upon facts. It amounts to a new “This is so, isn’t it?” to which you may respond with your own, “Yes, but…”; and our argument would continue. Another set of operators is:

“You might as well say…”;

“Exactly so”;

“But this is different…”

This was how Wisdom encapsulated the “case-by-case” method of argument that he pioneered and practised. It requires intimate description of particular cases and marking of similarities and differences between them, yielding a powerful indefinitely productive method of objective reasoning, distinct from and logically prior to the usual methods of deduction and induction that exhaust the range of positivism. We are able to see how common reasoning may proceed in practice in subtle fields like law, psychology, politics, ethics, aesthetics and theology, just as objectively as it does in natural science and mathematics. Wittgenstein had spoken of our “craving for generality” and our “contemptuous attitude towards the particular case”. Wisdom formalised the epistemological priority of particular over general saying: “Examples are the final food of thought. Principles and laws may serve us well. They can help us to bring to bear on what is now in question what is not now in question. They help us to connect one thing with another and another and another. But at the bar of reason, always the final appeal is to cases.” And “Argument must be heard”.

In all conflicts – whether within a given science, between different sciences, between sciences and religion, within a given religion, between different religions, between sciences and arts, within the arts, between religion and the arts, between quarrelling nations, quarrelling neighbours or quarrelling spouses, whether in real relationships of actual life or hypothetical relationships of literature and drama – an approach of this kind tells us there is something further that may be said, some improvement that can be carried out, some further scope for investigation or experiment allowing discovery of new facts, some further reflection necessary or possible upon known facts. There are no conflicts that are necessarily irresoluble. Where the suicide-bombers and their powerful adversaries invite us to share their hasty and erroneous assumption that religious, political or economic cultures are becoming irreconcilable and doomed to be fights unto death, we may give to them instead John Wisdom’s “Argument must be heard.”

Parties to this or any conflict may in fact fail to find in themselves enough patience, tolerance, good humour, courage to take an argument where it leads, or they may fail to find enough of these qualities in adequate time, as Quesnay and the Physiocrats failed to find solutions in adequate time and were swept away by the French Revolution. But the failures of our practical human powers and capabilities do not signal that the logical boundaries of the scope of reason have been reached or even approached or come to be sighted.

3. The current conflict is said to be rooted in differences between religious cultures. We may however wish to first address whether any religious belief or practice can survive the devastating onslaught of natural science, the common modern adversary of all religions. What constitutes a living organism? What is the difference between plants and animals? What is the structure of a benzene ring or carbon atom or subatomic particle? What is light? Sound? Gravity? What can be said about black holes or white dwarfs? When did life begin here and when is it likely to end? Are we alone in being the only form of self-conscious life? Such questions about the world and Universe and our place in it have been asked and answered in their own way by all peoples of the world, from primitive tribes in hidden forests to sophisticated rocket scientists in hidden laboratories. Our best common understanding of them constitutes the state of scientific knowledge at a given time. Once we have accounted for all that modern science has to say, can any reasonable explanation or justification remain to be given of any religious belief or practice from any time or place?

Bambrough constructed this example. Suppose we are walking on the shore of a stormy sea along with Homer, the ancient Greek poet, who has been restored to us thanks to a time machine. We are walking along when Homer looks at the rough sea and says, “Poseidon is angry today”. We look at the waves loudly hitting the rocks and nod in agreement saying, “Yes, Poseidon is angry today”. We may be using the same words as Homer but Homer’s understanding of and expectations about the words “Poseidon is angry today” and our understanding of and expectations about the same words would be utterly different, a difference moreover we are able to understand but he may not. To us with our modern meteorology and oceanography, and the results of the television cameras of Jacques Cousteau and David Attenborough, we know for a fact there is no god-like supernatural being called Poseidon living within the ocean whose moods affect the waves. But to Homer, Poseidon not only exists in the ocean but also leaves footprints and descendants on the land, when Poseidon is angry the sea is vicious, when Poseidon is calm the seas are peaceful. We use the words “Poseidon is angry today” as an accurate description of the mood of an angry sea; Homer uses the same words to mean there was a god-like supernatural being inside the ocean whose anger was being reflected in the anger of the waves.

My second story is from 7th century AD located here in Buckingham, from a spot a few hundred yards behind the Economics Department of the University where there is St Rumbwald’s Well. In 650 AD — just a short while after The Recital of the Prophet of Islam (570-632AD) had been written down as The Q’uran, and just a little while before the Chinese pilgrim I-Ching (635-713AD) would be travelling through India recording his observations about Buddhism – here 12 miles from Buckingham was born the babe known as Rumwold or Rumbwald. England was hardly Christian at the time and the first Archbishop of Canterbury had been recently sent by the Pope to convert the Anglo-Saxons. Rumbwald’s father was a pagan prince of Northumbria; his mother the Christian daughter of the King of Mercia. St Rumbwald of Buckingham or Brackley is today the patron saint of fishermen at Folkestone, and he has been historically revered at monasteries in Mercia, Wessex and distant Sweden. Churches have been dedicated to him in Kent,Essex, Northamptonshire, Lincolnshire, Dorset and North Yorkshire. Pilgrims have washed themselves at St Rumwald’s Well over centuries and it is said Buckingham’s inns originated in catering to them. What is the legend of St Rumbwald? It is that on the day he was born he declared three times in a loud voice the words “I am a Christian, I am a Christian, I am a Christian”. After he had been baptised, he, on the second day of his life, was able to preach a sermon on the Trinity and the need for virtuous living, and foretold his imminent death, saying where he wished to be buried. On the third day of his life he died and was buried accordingly.

When we hear this story today, we might smile, wishing newborn babes we have known waking up in the middle of the night might be more coherent too. Professor John Clarke has shown Catholic hagiography over the centuries has also registered deep doubts about the Rumbwald story. We might be tempted to say the whole thing is complete nonsense. If a modern person took it at face value, we would look on it sympathetically. We know for a fact it is impossible, untrue, there has to be some error.

At the bar of reason, all religions lose to science where they try to compete on science’s home grounds, which are the natural or physical world. If a religious belief requires that a material object can be in two places at the same time, that something can be made out of nothing, that the Sun and planets go around the Earth to make Night and Day, that the Earth is flat and the sky is a ceiling which may be made to fall down upon it by Heavenly Wrath, that the rains will be on time if you offer a prayer or a sacrifice, it is destined to be falsified by experience. Natural science has done a lot of its work in the last few centuries; all the major religions pre-date this expansion so their physical premises may have remained those of the science understood in their time. In all questions where religions try to take on scientific understanding head on, they do and must lose, and numerous factual claims made by all religions will disappear in the fierce and unforgiving heat of the crucible of scientific reasoning and evidence.Yet even a slight alteration of the St Rumbwald story can make it plausible to modern ears. Just the other day Radio 4 had a programme on child prodigies who were able to speak words and begin to master language at age of one or two. It is not impossible a child prodigy of the 7th Century AD in his first or second year of life spoke the words “I’m a Christian”, or that as a toddler with a devout Christian mother, he said something or other about the Holy Trinity or about virtue or that he wished to be buried in such and such place even if he had had no real understanding of what he was talking about. If such a prodigious infant of royal blood then died from illness, we can imagine the grief of those around him, and how word about him might spread through a countryside in an era 1200 years before the discovery of electricity and invention of telecommunications, and for that information to become garbled enough to form the basis of the legend of St Rumbwald through the centuries.

The Rumbwald story is a typical religious story that has its parallels in other times and places including our own. It is impossible for it to have been factually true in the way it has come down to us, but it is completely possible for us with our better knowledge of facts and science today to reasonably explain its power over the beliefs of many generations of people. And if we are able to reasonably explain why people of a given time and place may have believed or practised what they did, we have not reason to be disdainful or scornful of them. The mere fact such religious stories, beliefs, experiences and practices of human beings over several thousand years across the globe have been expressed in widely different and far from well-translated or well-understood languages – Egyptian, Hebrew, Aramaic, Greek, Latin, Sanskrit, Pali, Tibetan, Chinese, Korean, Japanese, Hawaiian, Samoan, Apache, Kwa Zulu, Hausa, Swahili – let aside English, Arabic, Yiddish or a thousand others, provides more than ample explanation of how miscomprehension and misapprehension can arise and continue, of how a vast amount of mutual contempt and scorn between peoples of different cultures is able to be irrationally sustained. The scope for the reasonable “demythologisation” of all these stories in all these languages from all these religions, in the way we have sought to “demythologise” the Rumbwald story here obviously remains immense and indefinite.

Next consider religious practice in the modern world, and the universal act of praying. (Economists have not seemed to look much at this before though a lot of mankind’s energy and resources are rationally spent towards it every day across the world.) Some weeks ago, on the 60th Anniversary of D-Day, Lady Soames, the daughter of Churchill, recalled the incredible fear and tension and uncertainty felt during the buildup to the invasion of Normandy; she said that when she finally heard the roar of the aeroplanes as they started across the English Channel: “I fell to my knees and prayed as I’d never prayed before or since” (BBC 1 June 6 2004, 8.40 am). A policeman’s wife in Costa Rica in Central America is shown making the sign of the cross upon her husband before he goes to work in the morning into a crime-ridden area from which he might not return safely at the end of the day. Footballers and boxers and opening batsmen around the world say a prayer before entering the field of contest. So do stockbrokers, foreign exchange dealers, businessmen, job-candidates and students taking examinations, and of course hospital-patients entering operating theatres. Before a penalty shootout between England and Portugal or Holland and Sweden, many thousands of logically contradictory prayers went up.

All this praying is done without a second thought about the ultimate ontological character of the destination of such prayers, or even whether such a destination happens or happens not to exist at all. The universal ubiquitous act of praying might be a rational human response to fear, uncertainty, hopelessness, and despair, as also to unexpected joy or excessive happiness.

Blake said: “Excess of joy, weeps, Excess of sorrow, laughs”. When there is excess of sorrow or excess of joy, praying may contribute mental resources like courage, tranquillity and equanimity and so tend to restore emotional equilibrium in face of sudden trauma or excitement. A provisional conclusion we may then register is that religious beliefs and practices of people around the world are open to be reasonably comprehended and explained in these sorts of straightforward ways, and at the same time there is a good sense in which progress in religious understanding is possible and necessary to be made following growth and improvement of our factual understanding of the world and Universe in which we live.

We still speak of the Sun “rising in the East” and “setting in the West” despite knowing since Copernicus and Galileo and the testimony of Yuri Gagarin, John Glenn and Neil Armstrong that the Sun has in fact never done any such thing. Our understanding of the same words has changed fundamentally. Tycho Brahe thought the Sun went around Earth; his disciple Kepler the opposite; when Tycho Brahe looked East at dawn he understood something different from (and inferior to) what Kepler understood when Kepler looked East at dawn. It is similar to Homer and us with respect to whether Poseidon’s moods affect the waves of the sea. Examples of traditional religious belief and understanding may get modified by our scientific knowledge and understanding such that the same words may mean something quite different as a result and have a new significance for our consciousness.

Indeed it extends well beyond natural science to our understanding of literature, art and psychology as well. With the knowledge we have gained of ourselves — of our conscious waking minds as well as of our unconscious dreaming minds — after we have read and tried to grasp Blake, Goethe, Dostoevsky or Freud, we may quite well realise and comprehend how the thoughts and feelings residing in the constitutions of actual beings, including ourselves, are more than enough to describe and explain good and evil, and without having to refer to any beings outside ourselves residing elsewhere other than Earth. It is like the kind of progress we make in our personal religious beliefs from what we had first learned in childhood. We do not expect a person after he or she has experienced the ups and downs of adult life to keep to exactly the same religious beliefs and practises he or she had as a child at mother’s knee, and we do not expect mankind to have the same religious beliefs today as it did in its early history.

Bambrough concluded: “There is no incompatibility between a refurbished demythologised Homeric polytheism, a refurbished demythologised Christianity, and a refurbished demythologised Islam…. The Creation and the Resurrection, the Ascension and the Virgin Birth…may be very differently conceived without being differently expressed….we can still learn from the plays and poems of the ancient Greeks, although we reject the basis of the mythological structure through which they express their insight and their understanding. The myths continue to teach us something because they are attached to, and grounded in, an experience that we share. It would therefore be astonishing if the Christian religion, whether when considered as a united and comprehensive body of doctrine it is true or false, did not contain much knowledge and truth, much understanding and insight, that remain valuable and accessible even to those who reject its doctrinal foundations. In and through Christianity the thinkers and writers and painters and moralists of two thousand years have struggled to make sense of life and the world and men…. What is more, the life that they wrestled with is our life; the world they have portrayed is the world that we live in; the men that they were striving to understand are ourselves.”

Bambrough was addressing Church of England clergy forty years ago but in his reference to a refurbished demythologised Islam he might as well have been addressing Muslim clergy today — indeed his findings are quite general and apply to other theists as well as to atheists, and provide an objective basis for the justification of tolerance.

Judaism, Christianity and Islam each starts with a “religious singularity”, a single alleged moment in the history of human beings when a transcendental encounter is believed to have occurred: the Exodus of God’s Chosen People led by Moses; the Birth, Life, Death and Resurrection of God’s Only Son, Jesus Christ; the Revelation of God’s Book to His Messenger, Muhammad, Peace Be Unto Him, the Seal of the Prophets. Each speaks of a transcendental Creator, of just rewards and punishments awaiting us in a transcendental eternal life after mortal earthly death.

A different fork in the road says, however, that the wind blowing in the trees may be merely the wind blowing in the trees, nothing more; it is the path taken by Buddhism and Jainism, which deny the existence of any Creator who is to be owed our belief or reverence. It is also the path taken by Sigmund Freud the ultra-scientific rationalist of modern times: “It seems not to be true that there is a power in the universe, which watches over the well-being of every individual with parental care and brings all his concerns to a happy ending…. it is by no means the rule that virtue is rewarded and wickedness punished, but it happens often enough that the violent, the crafty and the unprincipled seize the desirable goods of the earth, while the pious go empty away. Dark, unfeeling and unloving powers determine human destiny; the system of rewards and punishments, which, according to religion, governs the world, seems to have no existence.”

We then seem to have a choice between a Universe Created or Uncreated, Something and Nothing, One and Zero, God and No God. Pascal said we have to bet on the Something not on the Nothing, bet on the One not on the Zero, bet on God being there rather than not being there. Pascal’s reasoning was clear and forms the basis of “decision theory” today: if you bet on God’s existence and God does not exist, you lose nothing; if you bet on God’s lack of existence and God exists, you’ve had it. The philosophies of my own country, India, speak of Zero and One, Nothing or Something, and almost leave it at that. Perhaps we know, or perhaps we do not says the Rg Veda’s Hymn of Creation.. Does our self-knowledge end with our mortal death or perhaps begin with it? Or perhaps just as there is an infinite continuum of numbers between 0 and 1, there is also an infinite continuum of steps on a staircase between a belief in Nothing and a belief in Something, between the atheism of Freud and the Buddhists and the theism of Judaism, Christianity and Islam. Generalising Bambrough’s findings, it would be surprising if we did not find each and every religion, whether theistic or atheistic, to contain some knowledge and truth, some understanding and insight, that remains valuable and accessible even to those who may otherwise reject the doctrinal foundations of any or all of them. In and through the religions, the thinkers, writers, painters, poets, sculptors and artists of thousands of years have struggled to make sense of our life and the world that we live in; the men and women they were striving to understand are ourselves.

4. Just after the September 11 attacks, I said in the Philippines that the perpetrators of the attacks would have been surprised to know of the respect with which the religious experience of the Prophet of Islam had been treated by the 19th Century British historian Thomas Carlyle: “The great Mystery of Existence… glared in upon (Mohammad), with its terrors, with its splendours; no hearsays could hide that unspeakable fact, ‘Here am I!’. Such sincerity… has in very truth something of divine. The word of such a man is a Voice direct from Nature’s own Heart. Men do and must listen to that as nothing else; all else is wind in comparison.” Carlyle told stories of Mohammad once not abiding by his own severe faith when he wept for an early disciple saying “You see a friend weeping over his friend”; and of how, when the young beautiful Ayesha tried to make him compare her favourably to his deceased wife and first disciple the widow Khadija, he had denied her: “She believed in me when none else would believe. In the whole world I had but one friend and she was that!” Carlyle’s choice of stories suggested the simple humanity and humility of Mohammad’s life and example, even an intersection between Islamic belief and modern science (”a Voice direct from Nature’s own Heart”). Carlyle quoted Goethe: “If this be Islam, do we not all live in Islam?”, suggesting there might be something of universal import in the message well beyond specifically Muslim ontological beliefs.

In general, the words and deeds of a spiritual leader of mankind like that of secular or scientific leaders like Darwin, Einstein, Aristotle, Adam Smith or Karl Marx, may be laid claim to by all of us whether we are explicit adherents, disciples or admirers or not. No private property rights attach upon their legacies, rather these remain open to be discussed freely and reasonably by everyone. Just as war is too important to be left to the generals, politics is too important to be left to the politicians, economics is definitely too important to be left to the economists; even science may be too important to be left to the scientists — certainly also, the religions are far too important to be left to the religious.

Yet Mr Osama Bin Laden and his friends, followers and potential followers, indeed any believing Muslims, are unlikely to be impressed with any amount of “external” praise heaped on Islam by a Carlyle or a Goethe, let aside by a President Bush or Prime Minister Blair. They may be wary of outsiders who bring so much praise of Islam, and will tell them instead “If you like Islam as much as you say you do, why not convert? It’s so easy. You have merely to say ‘God is One and Mohammad is the Seal of the Prophets’ – that’s all, you are Muslim, God is Great”.

Indeed Mr Bin Laden and friends are unlikely to be impressed with any kind of economic or carrot-and-stick policy of counter-terrorism, where incentives and disincentives are created by Western authorities like the US 9/11 Commission or the Blair Cabinet telling them: “If you are ‘moderate’ in your thoughts, words and deed you will earn this, this and this as rewards from the Government, but if you are ‘extremist’ in your thoughts, words and deeds then you shall receive that, that and that as penalties from the Government. These are your carrots and here is the stick.” It is Skinnerian behavioural psychology gone overboard. The incentives mean nothing, and the disincentives, well, they would merely have to be more careful not to end up in the modern Gulags.

We could turn from carrot-and-stick to a more sophisticated mode of negative rhetoric instead. If a doctrine C, declares itself to be resting upon prior doctrines B and A, then C’s reliability and soundness comes to depend on the reliability and soundness of B and A. If Islam declares itself to depend on references to a historical Moses or a historical Jesus, and if the last word has not been spoken by Jews, Christians, sceptics or others about the historical Moses or the historical Jesus, then the last word cannot have been spoken about something on which Islam declares itself to depend.

We can be more forceful too. Suicide-bombers combine the most sordid common crimes of theft and murder with the rare act of suicide as political protest. Suicide as political protest is a dignified and noble and awesome thing – many may remember the awful dignity in the sight of the Buddhist monks and nuns of South Vietnam immolating themselves in 1963 in protest against religious persecution by Diem’s Catholic regime, which led to the start of the American war in Vietnam. Six years and half a world away, Jan Palach, on January 19 1969, immolated himself in Wenceslas Square protesting the apathy of his countrymen to the Soviet invasion that had ended the Prague Spring. Socrates himself was forced to commit suicide for political reasons, abiding by his own injunction that it would be better to suffer wrong oneself than to come to wrong others — suicide as political protest is not something invented recently. And certainly not by Bin Laden and friends, whose greed makes their intentions and actions merely ghastly lacking all dignity: they are not satisfied like the Buddhist monks or like Jan Palach with political protest of their own suicides by self-immolation; they must add the sordid cruelty that goes with the very ordinary crimes of theft and mass murder as well.

Yet this kind of negative rhetorical attack too may not cut much ice with Mr Bin Laden and his friends. Just as they will dismiss our praise for Islam as being a suspicious trick, they will dismiss our criticism as the expected animus of an enemy.

To convict Mr Bin Laden of unreason, of contradicting himself, of holding contrary propositions x and ~x simultaneously and so talking meaninglessly and incoherently, we will have to bring out our heaviest artillery, namely, The Holy Q’uran itself, the Recital of Prophet Muhammad (Peace be upon Him). We may have to show explicitly how Mr Bin Laden’s own words contradict what is in The Q’uran. He and his followers would then be guilty of maintaining x and its contrary ~x at the same time, of violating the most basic law of logical reasoning, the law of excluded middle, of contradicting themselves, and therefore of speaking meaninglessly, incoherently, nonsensically regardless of their language, culture, nationality or religion. The Q’uran is a grand document and anyone reading it must be prepared to either considering believing it or having powerful enough reasons not to do so. “The great Mystery of Existence”, Carlyle said, “glared in upon (Mohammad), with its terrors, with its splendours; no hearsays could hide that unspeakable fact, ‘Here am I!’. Such sincerity… has in very truth something of divine. The word of such a man is a Voice direct from Nature’s own Heart. Men do and must listen to that as nothing else; all else is wind in comparison.”

Certainly, as in many other religions, the believers and unbelievers are distinguished numerous times in the Prophet’s Recital; believers are promised a Paradise of wine and many luxuries, while unbelievers are promised hell-fire and many other deprivations. But who are these unbelievers? They are the immediate local adversaries of the Prophet, the pagans of Mecca, the hanifs, the local tribes and sceptics arrayed against the Prophet. It is crystal clear that these are the people being named as unbelievers in The Q’uran, and there is absolutely no explicit or implicit mention or reference in it to peoples of other places or other times. There is no mention whatsoever of Anglo-Saxons or Celts, Vikings, Goths, or Gauls, of Hindus, Jains, Buddhists, Confucians or Shintos, no mention of Aztecs, Incas, or Eskimos. There is no mention of any peoples of any other places or of any later times. Certainly there is no mention of the people of modern America or Israel or Palestine or Britain or India. Yet Mr Bin Laden evidently sent an email to the head of the Taliban on October 3 2001, in which he referred to “defending Islam and in standing up to the symbols of infidelity of this time” (Atlantic Monthly, Sep. 2004). We are then able to say to him or any of his friends: “Tell us, Sir, when you declare a war between believers and unbelievers in the name of Islam, whom do you mean to refer to as “unbelievers”? Do you mean to refer to every person in history who has not been a Muslim, even those who may have been ignorant of Islam and its Prophet? Or do you mean to refer to the opponents and enemies the Prophet actually happened to encounter in his struggles during his mission as a proselytiser, i.e., the Arabic idolaters of Mecca, the hanifs and Qureshis, this local Jewish tribe or that local Christian or pagan tribe against whom the early Muslim believers had to battle strenuously and heroically in order to survive? If it is these local enemies of the Prophet and his early disciples whom you mean to refer to as “unbelievers” destined for Hell’s fires, there is textual evidence in The Recital to support you. But if you mean by “unbelievers” an arbitrary assortment of people across all space and all time, you are challenged to show the verses that give you this authority because there are none. Certainly you may have military or political reasons for wishing to engage in conflict with A or B or C — because you feel affronted or violated by their actions — but these would be normal secular reasons open to normal discourse and resolution including the normal laws of war as known by all nations and all peoples. There may be normal moral arguments to be made by radical Muslims against the US Government or against the Israeli Government or the British or Indian or some other Government — but there are no generalised justifications possible from within The Q’uran itself against these modern political entities. We should expose Mr Bin Laden and his friends’ lack of reason in both maintaining that Prophet Muhammad is the Seal of the Prophets, and also maintaining that they can extrapolate from The Q’uran something that is not in The Q’uran. The Q’uran speaks of no unbelievers or enemies of the Prophet or the early Muslims who are not their local enemies in that time and place.

Pritchard, the distinguished Oxford philosopher, once wrote an article called “Does Moral Philosophy Rest on a Mistake?” We today may have to ask a similar question “Does Islamist Philosophy Rest on a Mistake?”

5. If all this so far has seemed too clinical and aseptic in approaching the mystical matters of the spirit, I hasten to add finally that a decisive counterattack upon natural science may be made by both religion and art together. Our small planet is a satellite of an unexceptional star in an unexceptional galaxy yet we are still the centre of the Universe in that it is only here, as far as any of us knows, that such things as reason, intelligence and consciousness have come to exist. (Finding water or even primitive life elsewhere will not change this.) We alone have had an ability to understand ourselves and be conscious of our own existence — the great galaxies, black holes and white dwarfs are all very impressive but none of them can do the same. What responsibility arises for us (or devolves upon us) because of this? That is the perfectly good question asked by art and religion on which science remains silent. Life has existed for x million years and will be extinguished in y million more years, but we do not know why it arose at all, or what responsibility falls on those beings, ourselves, who have the consciousness to ask this. Religion and art cannot battle and win on science’s home ground but they can and do win where science has nothing left to say.

That is what DH Lawrence meant when he said the novel was a greater invention than Galileo’s telescope. Other artists would say the same. Art expresses life, and human cultures can be fresh and vigorous or decadent and redolent of death. The culture that evaluates its own art and encourages new shoots of creativity will be one with a vibrant life; the culture that cannot will be vulnerable to a merger or takeover. There is and has been only one human species, no matter how infinitely variegated its specimens across space and time. All have a capacity to reason as well as a capacity to feel a range of emotions in their experience of the world, something we share to an extent with other forms of life as well. And every human society, in trying to ascertain what is good for itself, finds need to reason together about how its members may be best able to survive, grow, reproduce and flourish, and this vitally demands freedom of inquiry and expression of different points of view. The lone voice in dissent needs to be heard or at least not suppressed just in case it is the right voice counselling against a course that might lead to catastrophe for all. To reason together implies a true or right answer exists to be found, and so the enterprise of truth seeking requires freedom as a logical necessity. It takes guts to be a lone dissenter, and all societies have typically praised and encouraged the virtues of courage and integrity, and poured shame on cowardice, treachery or sycophancy. Similarly, since society is a going concern, justice and fairplay in the working of its institutions is praised and sought after while corruption, fraud or other venality is condemned and punished. Leavis spoke of the need for an educated public if there was not to be a collapse of standards in the arts, since it was only individual candour that could expose shallow but dominant coteries.

Freedom is logically necessary to keep all potential avenues to the truth open, and freedom of belief and experience and the tolerance of dissent, becomes most obvious in religion, where the stupendous task facing everyone is to unravel to the extent we can the “Mystery of Existence”. The scope of the ontological questions is so vast it is only wise to allow the widest search for answers to take place, across all possible sources of faith, wherever the possibility of an insight into any of these subtle truths may arise, and this may explain too why a few always try to experience all the great religions in their own lifetimes. A flourishing culture advances in its science, its artistic creativity and its spiritual or philosophical consciousness. It would be self-confident enough to thrive in a world of global transmissions of ideas, practices, institutions and artefacts. Even if it was small in economic size or power relative to others, it would not be fearful of its own capacity to absorb what is valuable or to reject what is worthless from the rest of the world. To absorb what is valuable from outside is to supercede what may be less valuable at home; to reject what is worthless from outside is to appreciate what may be worthwhile at home. Both require faculties of critical and self-critical judgement, and the flourishing society will be one that possesses these qualities and exercises them with confidence. Words are also deeds, and deeds may also be language.

The crimes of September 11 2001 were ones of perverse terroristic political protest, akin on a global scale to the adolescent youth in angry frustration who kills his schoolmates and his teachers with an automatic weapon. But they were not something inexplicable or sui generis, but rather signalled a collapse of the old cosmopolitan conversation with Islam, and at the same time expressed an incoherent cry of stifled people trying to return to an austere faith of the desert. Information we have about one another and ourselves has increased exponentially in recent years yet our mutual comprehension of one another and ourselves may have grossly deteriorated in quality. Reversing such atrophy in our self-knowledge and mutual comprehension requires, in my opinion, the encouragement of all societies of all sizes to flourish in their scientific knowledge, their religious and philosophical consciousness and self-discovery, and their artistic expressiveness under conditions of freedom. Ultra-modern societies like some in North America or Europe may then perhaps become more reflective during their pursuit of material advancement and prosperity, while ancient societies like those of Asia and elsewhere may perhaps become less fearful of their capacity to engage in the transition between tradition and modernity, indeed, may even affect the direction or speed of change in a positive manner. To use a metaphor of Otto Neurath, we are as if sailors on a ship, who, even while sailing on the water, have to change the old planks of the ship with new planks one by one. In due course of time, all the planks get changed one at a time, but at no time has there not been a ship existing in the process — at no time need we have lost our history or our identity.

The Case For and Against *The Satanic Verses*: Evaluating Diatribe and Dialectic as Art

The Case For and Against *The Satanic Verses*: Evaluating Diatribe and Dialectic as Art

by Subroto Roy

June 2001, Kolkata, India. First published at www..com on December 23 2002. First appearance in print in The Statesman Festival Volume, October 2006. (Note, April 2007: this article is an example of how the Internet age has transformed meanings: before the Internet, to be published and to be printed referred to practically simultaneous events; but this article was published on the Internet almost four years before it came to be republished in print.)

 

 

Salman Rushdie’s The Satanic Verses is a manifold document; in reading it more than a dozen years after publication, what is brought to mind is the relation between art and criticism described by Lawrence and advertised by Leavis: ”We judge a work of art by its effect on our sincere and vital emotion, and nothing else. All the critical twiddle-twaddle about style and form, all this pseudo-scientific classifying and analysing of books in an imitation-botanical fashion, is mere impertinence and mostly dull jargon. A critic must be able to feel the impact of a work of art in all its complexity and its force. To do so, he must be a man of force and complexity himself, which few critics are. A man with a paltry, impudent nature will never write anything but paltry, impudent criticism. And a man who is emotionally educated is rare as a phoenix…”

The sincere and vital emotions most obviously provoked by Rushdie’s book are nausea, anger and irritation.It appears at first sight an abusive, incoherent masquerade of a novel with little artistic value, a mere moneymaking vehicle for a preening, self-seeking author and his publisher.The decisions of the Republics of India and Pakistan to ban it for being gratuitously offensive to the religious sentiments of millions of people, or the finding against it of blasphemy by the Islamic authorities of Iran seem understandable.

Yet such an initial response may be followed by another very different set of sincere and vital emotions. Upon reflection and a second reading, it is possible to feel exhilaration, delight, even the calm of a Shia Muslim spiritual experience from the book. These may be accompanied by a conviction that Rushdie has produced a significant work of art even if he himself remains unaware of its nature. This kind of unusual and dichotomous critical experience needs to be explained. College professors around the world have been writing theoretical essays portraying Rushdie as a “magic realist” or some such oxymoron. The truth may be more prosaic: The Satanic Verses is nothing if it is not a second, perhaps definitive, autobiographical experiment in which Rushdie has attempted to reconcile himself with his own experiences, a task in which he has achieved at best partial success. It is as if he has tried to comprehend his own life as an English-speaking Indo-Pakistani Muslim in the Western world, and in that process the words of The Satanic Verses just came tumbling out.And there is little even a bitter enemy can say about one’s search for self-knowledge, especially on matters of religious belief.

The cover says The Satanic Verses is a novel; what may be called its superficial plot amounts to something a giggling adolescent might have written for an undergraduate essay. Here is its outline:

Once there were two young Muslim boys of Bombay, Najmuddin and Chamchawalla. N. is born poor and raised in the slums; from delivering tiffins he becomes a small-time and then a major screen idol of Hindi cinema, a kind of Muslim NTR/Bachan mixture. In his profligacy he has an affair with R. who later murders her young children and commits suicide because of her unrequited love for him; N. travels in an aeroplane to England which is blown up midair by Sikh hijackers at 30,000 ft; he falls unharmed to the ground, is found on the English coast by an old woman whose lover he becomes until her death; then he returns to a lovely Jewish girlfriend who seems to have no reason to want to be with him, he returns to India, murders the Jewish girlfriend and kills himself, all along being tormented by a notion he may have invited divine wrath for having wilfully eaten pork. In parallel, the other young Muslim boy, C. grows up in a privileged Bombay neighbourhood, is sexually molested by a dhoti-clad street-vendor, has peculiar and perverse parents and servants, is sent to a public school and University in England, ends up in London advertising, is on the same aeroplane which explodes in the sky, also falls unharmed to the ground and is found by the same old woman, but is taken in by British police and immigration authorities, and, most oddly, finds himself transmogrified gradually into a goat like being and then Satan himself, is forced by British police to eat his own goat-pellets, escapes to find refuge among a generous Bangladeshi family in London’s immigrant ghettos, is re-transformed into a human being again after his hatred becomes focussed on a single individual, his fellow Mumbaikari, Najmuddin. C attempts to avenge himself on N. for no particular reason except jealousy, yet N. saves his life and there is supposed to be a moral of good and evil there. C. also at some point acquires a splendid English wife who divorces him — again a woman whom we see no reason to want to be with a jerk like him (though we are not told he might have wanted her for the British passport). C. finally returns to Bombay, is reconciled with his dying father, meets up with an old girlfriend, and the book ends with these two being together.

This is not “magic realism”, it is palpably poor writing. If the superficial plot suffices to make The Satanic Verses a novel, then your or my singing in the shower suffices for us to be in grand opera.

Seen as an autobiographical experiment, however, the superficial plot begins, ever so slightly, to make sense as Rushdie appears himself as both Muslim boys whose lives are traced from Bombay to London and back. He is Najmuddin to the extent he torments himself throughout for having willfully violated Muslim practice

“his mouth full of unclean meat ”(p. 31);

in his relationship with at least one of Najmuddin’s three women, the Jewish girlfriend Allie; and perhaps more generally in his having

”managed to bury his greatest talent so deep that it might easily have been lost forever, his talent, that is, for loving genuinely, deeply and without holding back, the rare and delicate gift which he had never been able to employ” (p.26)

Rushdie is Chamchawalla more obviously in having grown up in a privileged Bombay neighbourhood, been sent to school and university in England, gotten married to and divorced from an English woman named Pamela. Both Najmuddin and Chamchawalla are left with their fathers after their mothers’ early deaths, and Rushdie is original and most authentic in describing these father-son relationships where he appears to draw deeply on his own emotional life. There is a short delightful scene of him teaching his own son to ride a bicycle. Then he makes rare records of the terrible conflicts possible between fathers and adult sons:

(N.) “would understand how much the older man had resented him, and how important it was for the father to defeat the son and regain, thereby, his usurped primacy in the affections of his dead wife”. (p. 19)

(C.) “wrote his father a letter full of cruelty and anger, whose violence was of the type that exists only between fathers and sons, and which differs from that between daughters and mothers in that there lurks behind it the possibility of actual, jaw-breaking fisticuffs. “(p.47)

The son returns to India to be tenderly reconciled with the emaciated dying old man from whom he has been estranged:

”Abba, I came back because I didn’t want there to be trouble between us anymore.

That doesn’t matter any more. It’s forgotten, whatever it was.”

Whatever it was. Death makes family feuds seem petty and inconsequential in retrospect. The old man is just happy to see the boy, his own life, once again. The son unexpectedly finds in himself love, devotion and respect for the old man whom he had long feared and despised:

”First one falls in love with one’s father all over again, and then one learns to look up to him, too…. He is teaching me how to die… He does not avert his eyes, but looks death right in the face…” (pp. 543 et. seq, italics original)

A child sees his parents initially as God-like beings said Sigmund Freud; an aspect of maturity arrives when the child begins to see them no longer as deities but as humans, warts and all. When Rushdie has applied himself to his own inner life and relationships with his father and his son, he delves into a vast pool of expressiveness, and, ever so briefly, discovers and establishes his artistry. His poignant reconciliation with a dying father is a small treasure.

Another episode worth notice in the superficial plot of The Satanic Verses has to do with the growth to maturity of the character of the young Bangladeshi-British adolescent, Mishal Sufyan, and her marriage to the white-fathered, Pakistani(?)-mothered Hanif Johnson. Their love signals fresh hope and new life in Britain’s grim immigrant neighbourhoods filled with fear and hatred. The race riots in England in 2001 could have been taken from a chapter of The Satanic Verses.Rushdie has been a self-conscious observer here as nice boys from RugbySchool don’t normally go slumming even if they are wogs themselves, yet even so the Indian preppie from Rugby or Harvard must still reconcile the continuous threads which bind him to the people cleaning the lavatories at Heathrow or pumping gas or running motels in America.

In parallel with this superficial plot, The Satanic Verses contains a theological dialectic mostly on the origins, beliefs and practices of Islam, the faith in which Rushdie was born and raised. This is practically independent of the superficial plot, or at best the two have been clumsily pasted together. The link is once more Rushdie himself. While he appears as the main protagonists Najmuddin and Chamchawalla in the superficial plot, he makes a triple appearance in the theological treatise, at three different levels of Muslim doubt or faith.

At the greatest level of scepticism, Rushdie appears as the infidel poet and satirist Baal who gives his life to the cause of an absolute artistic and intellectual freedom, mocking Prophet Muhammad and The Quran, saying he recognizes no authority except his artistic Muse:

”A poet’s work (is to) name the unnameable, to point at frauds, to take sides, start arguments, shape the world and stop it from going to sleep. “(p. 100)

Under the sword of his Muslim captors, Baal ends with “I’ve finished. Do what you want”; he is beheaded but dies a spiritually free unbroken man. Rushdie may have relied on Islamic legend here though his fellow Anglo-Pakistani, the social anthropologist Akbar Ahmed, has apologetically said that as a matter of historical fact: “The conquest of Makkah cost less than 30 lives…. The charge of those critics who accuse the Prophet of the (death) of a poet who wrote satirical verse… will not hold. An over-zealous Muslim infuriated by his verses set out to silence the poet.”

At a lesser level of scepticism or a greater level of Muslim belief, Rushdie appears in the theological dialectic as a fictional Salman Farsi, supposed to be the “calmest” (p. 107), and “most highly educated” (p. 377) of the Prophet’s intimate disciples. This character becomes in course of time a drunken apostate after starting to doubt the authenticity of The Quran as Divine Revelation, as well as the transcription of the Hadith. As a safety measure perhaps, Rushdie put in

”Where there is no belief, there is no blasphemy” (p. 393).

But in real life the authorities of contemporary Iran were not amused or impressed by legal niceties as to whether young Salman sitting in England had renounced Islam or his Pakistani passport for a British one. In 1989 they roundly pronounced The Satanic Verses to be blasphemous to Islam and sentenced Rushdie to death in absentia, causing as we know a significant recent incident of international law.

Ironically, Rushdie`s experience since might have been scripted by himself:

”Your blasphemy, Salman, can’t be forgiven.”

In response, Salman Farsi is

”unable to muster the smallest scrap of dignity, he blubbers whimpers pleads beats his breast abases himself” (p. 387)

and escapes death only by promising to denounce Baal, the idolatrous satirist. In real life Rushdie blubbered, whimpered, pleaded and abased himself to win a reprieve without avail. If the Iranian authorities have since reduced their hatred of him, it seems because they became bored and found him less consequential as time went by, not because of anything he said or did in repentance. In June 2001, Ayatollah Khatami, then President of Iran, said the blasphemy case was “closed”, and that Iran had always seen Rushdie`s book as part of a modern Western assault on Islam.

Yet one must be grateful the Iranian death sentence did not get carried out because there is evidence to reasonably conclude that, all things considered, Rushdie may well be innocent of blasphemous intent. Though he may be guilty of several literary crimes and misdemeanours, he may have been wrongly placed on Iran’s death row for a dozen years. The evidence suggests that what The Satanic Verses has attempted to be is a genuine Muslim dialectic between faith and doubt — albeit one not expressed in Arabic, Farsi or Urdu to attract serious Islamic scholars, but one done in English in the manner of a Hollywood screenplay designed to attract as much hard currency as possible for Rushdie and his publisher. Commercial English comedy as hermeneutics you might say: Monty Python meets Prophet Muhammad.

That Rushdie has lacked blasphemous intent is evident from his third appearance in the theological treatise, this time as the secular Indian Muslim, Mirza Saeed Akhtar, who loves and lusts after both his sick wife, Mishal, and her new friend, the epileptic orphan woman Ayesha.The two women are dogmatic Shia Muslims, who insist on leading a vast, pious pilgrimage from central India into the Arabian Sea in the belief their faith will miraculously make the waters part and allow them to walk to Mecca.

Rushdie does not identify them as Shia Muslims but the story is based on actual events in 1981-1983 in the Naseem Fatima “HawkesBay” case in Pakistan.

According to the sociologist Akbar Ahmed,Naseem Fatima, “a shy, pleasant looking girl with an innocent expression on her face, who had a history of fits,” after a series of miraculous religious experiences which were scorned by Sunni Muslims but were not inconsistent with Shia doctrine, led 38 people into the Arabian Sea at Karachi believing the waters would part and they would be transported miraculously to Shia holy sites in Karbala in Iraq.

“(The women and children locked) in five of the six trunks died. One of the trunks was shattered by the waves and its passengers survived. Those on foot also survived; they were thrown back onto the beach by the waves… The survivors were in high spirits — there was neither regret nor remorse among them. Only a divine calm, a deep ecstasy. The Karachi police in a display of bureaucratic zeal arrested the survivors. They were charged with attempting to leave the country without visas…. Rich Shias, impressed by the devotion of the survivors, paid for their journey by air for a week to and from Karbala. In Iraq, influential Shias, equally impressed, presented them with gifts, including rare copies of the Holy Quran.”

In The Satanic Verses, Rushdie has altered and transformed these facts into a rich allegorical dialectic between rationalism and scepticism on the one hand, and dogmatic faith and ecstatic religious experience on the other. The husband Mirza Saeed, representing Rushdie himself, condemns what he says is the foolishness of the faith-filled women, begs them, pleads with them to change their minds, and finally when they cannot be stopped, follows behind them in his Mercedes, collecting stragglers, hypocrites and apostates on the way. The intellectual and spiritual tension between the rationalist and believer is built up excellently. The reader is finally certain that Ayesha and the other pilgrims walk to their earthly deaths in the Arabian Sea, but is left uncertain whether the miracle may have in fact occurred even so, whether they have in fact walked into Paradise itself on the strength of their faith. It is a splendid, exhilarating and unexpected spiritual experience emerging from the book. Moreover, the Rushdie-character, though he survives the pilgrimage, tempers his scepticism by the end of his life, and eventually dies in fusion with the ghost of his love, the believer Ayesha, and, we are led to think, is finally absorbed with her into the Paradise described in The Quran.

Thus in the attempted theological treatise that is contained within The Satanic Verses,

Rushdie appears

(i) as Baal the disbelieving, mocking, satirist who gives his life for artistic free