On the zenith and nadir of US-India relations

From Facebook:

Subroto Roy thinks the zenith of US-India relations (besides FDR pressing Churchill on Indian independence) was the landing of US military transports in Ladakh during the Communist Chinese aggression of 1962 thanks to JK Galbraith & JFK.  (The nadir was the Nixon-Kissinger support for Pakistani tyranny against Bangladesh in 1971.)


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My Ten Articles on China, Tibet, Xinjiang, Taiwan in relation to India

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

“Understanding China”, The Statesman Oct 22 2007

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

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

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

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

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

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

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

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

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

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

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

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

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Map of Xinjiang/Sinkiang/East Turkestan 1967: Could this be the best available in the public domain?

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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

To: The Honourable Omar Abdullah, Chief Minister of Jammu & Kashmir

Dear Sir,
It is excellent news that you have 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 your 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.  Your eminent paternal grandfather was not only 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, and I have published several articles in recent years that speak to this.

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.

Yours truly

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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Map of Sinkiang, Tibet and Neighbours 1944

Serendipity and the China-Tibet-India border problem

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

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