One of the men Rajiv introduced me to on 25-9-1990 at 10 JanPath (No, Rajiv did not realize who he was…) 2023

Much as I might love Russia, England, France, America, I despise their spies & local agents affecting poor India’s policies: Memo to PM Modi, Mr Jaitley, Mr Doval & the new Govt. of India: Beware of Delhi’s sleeper agents, lobbyists & other dalals (2014)

1 July 2014

 

Dear Bibek,

The very elderly man I refer to as “Sonia’s Lying Courtier” herein

https://independentindian.com/2007/11/25/sonias-lying-courtier/

is someone who has known you, leading up to your appointment as Director at Sonia’s “Rajiv Gandhi Institute” and later. He has now published a purported memoir whose main aim is to conceal his Soviet connections during the Brezhnev era 1960s-1970s, besides trying to rub my name out from my role with Rajiv in 1990-1991. The woman journalist in Delhi who is named as having ghost-written his new book is someone you know quite well too.

The man was someone whom I worked with and who was introduced to me by Rajiv Gandhi on 25/9/1990, a Soviet trained “technocrat” who had inveigled himself into Rajiv’s circle as he had been a favoured one of Indira (presumably via PN Haksar) when he returned from the USSR. He was also the link explaining, again via PN Haksar, how Manmohan first became FM in 1991 after Rajiv’s assassination, then how Manmohan came to Sonia’s notice and attention, and was later crucial in the so-called Rajiv Gandhi Foundation and in the formation of Sonia’s so-called National Advisory Council.

His mandate was to keep INC policies predictable and agreeable in the areas of Soviet/Russian interest, in which he seems to have succeeded during the Sonia-Manmohan regime.

He found me an unknown force, and worked to edge me out, despite the fact the 25/9/90 group was formed by Rajiv as a sounding-board for the perestroika-for-India project I led in America since 1986 and which I brought to Rajiv the week before on 18/9/90…

I send this to you as a word of caution as you are clearly close to Mr Modi and Mr Doval, yet none of you may know the man’s background and intent, even in his dotage. Certainly the purported memoir written by the woman journalist is something whose main aim is to conceal the man’s Soviet/Russian background. Had it been an honest intent, he would have had no need to conceal any of this but would have addressed his own Russian experience openly and squarely. He may have had his impact already with the new Government, I do not know.

 

For myself, I have been openly rather pro-Russia on the merits of the current Ukraine issue, but, as you will appreciate, I despise any kind of deep foreign agent seeking to control Indian policy in long-term concealment.

 

Cordially

 

Suby Roy

 

 

Sonia’s Lying Courtier with Postscript 25 Nov 2007, & Addendum 30 June 2014

30th June 2014

“Sonia’s Lying Courtier” (see below) has now lied again! In a ghost-written 2014 book published by a prominent publisher in Delhi!

He has so skilfully lied about himself the ghost writer was probably left in the dark too about the truth.

**The largest concealment has to do with his Soviet connection: he is fluent in Russian, lived as a privileged guest of the state there, and before returning to the Indian public sector was awarded in the early 1970s a Soviet degree, supposedly an earned doctorate in Soviet style management!**

How do I know? He told me so personally! His Soviet degree is what allowed himself to pass off as a “Dr” in Delhi power-circles for decades, as did many others who were planted in that era. He has also lied about himself and Rajiv Gandhi in 1990-1991, and hence he has lied about me indirectly.

In 2007 I was gentle in my exposure of his mendacity because of his advanced age. Now it is more and more clear to me that exposing this directly may be the one way for Sonia and her son to realise how they, and hence the Congress party, were themselves influenced without knowing it for years…

25 November 2007

Two Sundays ago in an English-language Indian newspaper, an elderly man in his 80s, advertised as being “the Gandhi family’s favourite technocrat” published some deliberate falsehoods about events in Delhi 17 years ago surrounding Rajiv Gandhi’s last months. I wrote at once to the man, let me call him Mr C, asking him to correct the falsehoods since, after all, it was possible he had stated them inadvertently or thoughtlessly or through faulty memory. He did not do so. I then wrote to a friend of his, a Congress Party MP from his State, who should be expected to know the truth, and I suggested to him that he intercede with his friend to make the corrections, since I did not wish, if at all possible, to be compelled to call an elderly man a liar in public.

That did not happen either and hence I am, with sadness and regret, compelled to call Mr C a liar.

The newspaper article reported that Mr C’s “relationship with Rajiv (Gandhi) would become closer when (Rajiv) was out of power” and that Mr C “was part of a group that brainstormed with Rajiv every day on a different subject”. Mr C has reportedly said Rajiv’s “learning period came after he left his job” as PM, and “the others (in the group)” were Mr A, Mr B, Mr D, Mr E “and Manmohan Singh” (italics added).

In reality, Mr C was a retired pro-USSR bureaucrat aged in his late 60s in September 1990 when Rajiv Gandhi was Leader of the Opposition and Congress President. Manmohan Singh was an about-to-retire bureaucrat who in September 1990 was not physically present in India, having been working for Julius Nyerere of Tanzania for several years.

On 18 September 1990, upon recommendation of Siddhartha Shankar Ray, Rajiv Gandhi met me at 10 Janpath, where I handed him a copy of the unpublished results of an academic “perestroika-for-India” project I had led at the University of Hawaii since 1986. The story of that encounter has been told first on July 31-August 2 1991 in The Statesman, then in the October 2001 issue of Freedom First, then in January 6-8 2006, September 23-24 2007 in The Statesman, and most recently in The Statesman Festival Volume 2007. The last of these speaks most fully yet of my warnings against Rajiv’s vulnerability to assassination; this document in unpublished form was sent by me to Rajiv’s friend, Mr Suman Dubey in July 2005, who forwarded it with my permission to the family of Rajiv Gandhi.

It was at the 18 September 1990 meeting that I suggested to Rajiv that he should plan to have a modern election manifesto written. The next day, 19 September, I was asked by Rajiv’s assistant V George to stay in Delhi for a few days as Mr Gandhi wished me to meet some people. I was not told whom I was to meet but that there would be a meeting on Monday, 24th September. On Saturday, the Monday meeting was postponed to Tuesday 25th September because one of the persons had not been able to get a flight into Delhi. I pressed to know what was going on, and was told I would meet Mr A, Mr B, Mr C and Mr D. It turned out later Mr A was the person who could not fly in from Hyderabad.

The group (excluding Mr B who failed to turn up because his servant had failed to give him the right message) met Rajiv at 10 Janpath in the afternoon of 25th September. We were asked by Rajiv to draft technical aspects of a modern manifesto for an election that was to be expected in April 1991. The documents I had given Rajiv a week earlier were distributed to the group. The full story of what transpired has been told in my previous publications.

Mr C was ingratiating towards me after that first meeting with Rajiv and insisted on giving me a ride in his car which he told me was the very first Maruti ever manufactured. He flattered me needlessly by saying that my PhD (in economics from Cambridge University) was real whereas his own doctoral degree had been from a dubious management institute of the USSR. (Handling out such doctoral degrees was apparently a standard Soviet way of gaining influence.) Mr C has not stated in public how his claim to the title of “Dr” arises.

Following that 25 September 1990 meeting, Mr C did absolutely nothing for several months towards the purpose Rajiv had set us, stating he was very busy with private business in his home-state where he flew to immediately. Mr D went abroad and was later hit by severe illness. Mr B, Mr A and I met for luncheon at New Delhi’s Andhra Bhavan where the former explained how he had missed the initial meeting. Then Mr B said he was very busy with his house-construction, and Mr A said he was very busy with finishing a book for his publishers on Indian defence, and both begged off, like Mr C and Mr D, from any of the work that Rajiv had explicitly set our group. My work and meeting with Rajiv in October 1990 has been reported previously.

Mr C has not merely suppressed my name from the group in what he has published in the newspaper article two Sundays ago, he has stated he met Rajiv as part of such a group “every day on a different subject”, another falsehood. The next meeting of the group with Rajiv was in fact only in December 1990, when the Chandrashekhar Government was discussed. I was called by telephone in the USA by Rajiv’s assistant V George but I was unable to attend, and was briefed later about it by Mr A.

When new elections were finally announced in March 1991, Mr C brought in Mr E into the group in my absence (so he told me), perhaps in the hope I would remain absent. But I returned to Delhi and between March 18 1991 and March 22 1991, our group, including Mr E (who did have a genuine PhD), produced an agreed-upon document. That document was handed over by us together in a group to Rajiv Gandhi at 10 Janpath the next day, and also went to the official political manifesto committee of Narasimha Rao, Pranab Mukherjee and M. Solanki.

Our group, as appointed by Rajiv on 25 September 1990, came to an end with the submission of the desired document to Rajiv on 23 March 1991.

As for Manmohan Singh, contrary to Mr C’s falsehood, Manmohan Singh has himself truthfully said he was with the Nyerere project until November 1990, then joined Chandrashekhar’s PMO in December 1990 which he left in March 1991, that he had no meeting with Rajiv Gandhi prior to Rajiv’s assassination but rather did not in fact enter Indian politics at all until invited by Narasimha Rao several weeks later to be Finance Minister. In other words, Manmohan Singh himself is on record stating facts that demonstrate Mr C’s falsehood.

The economic policy sections of the document submitted to Rajiv on 23 March 1991 had been drafted largely by myself with support of Mr E and Mr D and Mr C as well. It was done over the objections of Mr B, who had challenged me by asking what Manmohan Singh would think of it. I had replied I had no idea what Manmohan Singh would think of it, saying I knew he had been out of the country on the Nyerere project for some years.

Mr C has deliberately excluded my name from the group and deliberately added Manmohan Singh’s instead. What explains this attempted falsification of facts – reminiscent of totalitarian practices in communist countries? Manmohan Singh was not involved by his own admission, and as Finance Minister told me so directly when he and I were introduced in Washington DC in September 1993 by Siddhartha Shankar Ray, then Indian Ambassador to the USA.

A possible explanation for Mr C’s mendacity is as follows: I have been recently publishing the fact that I repeatedly pleaded warnings that I (even as a layman on security issues) perceived Rajiv Gandhi to have been insecure and vulnerable to assassination. Mr C, Mr B and Mr A were among the main recipients of my warnings and my advice as to what we as a group, appointed by Rajiv, should have done towards protecting Rajiv better. They did nothing — though each of them was a senior man then aged in his late 60s at the time and fully familiar with Delhi’s workings while I was a 35 year old newcomer. After Rajiv was assassinated, I was disgusted with what I had seen of the Congress Party and Delhi, and did not return except to meet Rajiv’s widow once in December 1991 to give her a copy of a tape in which her late husband’s voice was recorded in conversations with me during the Gulf War.

Mr C has inveigled himself into Sonia Gandhi’s coterie – while Manmohan Singh went from being mentioned in our group by Mr B to becoming Narasimha Rao’s Finance Minister and Sonia Gandhi’s Prime Minister. If Rajiv had not been assassinated, Sonia Gandhi would have been merely a happy grandmother today and not India’s purported ruler. India would also have likely not have been the macroeconomic and political mess that the mendacious people around Sonia Gandhi like Mr C have now led it towards.

POSTSCRIPT: The Congress MP was kind enough to write in shortly afterwards; he confirmed he “recognize(d) that Rajivji did indeed consult you in 1990-1991 about the future direction of economic policy.”   A truth is told and, furthermore, the set of genuine Rajivists in the present Congress Party is identified as non-null.

And then there was Alexander Dubček in the Prague Spring of 1968

From Facebook:

Subroto Roy recalls that long before Gorbachev and Walesa, there was in the Prague Spring a man named Dubček…. this is a photograph published in his “Hope Dies Last”
ManandtankWenceslas

“Oh, Renford? He’s a genius!”: A post-War Cambridge story

“Oh, Renford? He’s a genius!” That is what the late Dharma Kumar (1928-2001) said to me in the summer of 1998 at her Delhi home in what would be our last meeting.

I was taken aback.  She and I had met after a long decade.  Discussing what I had been up to, I had mentioned my application of the work of Renford Bambrough to economic theory in my 1989 book Philosophy of Economics.

“Oh, Renford? He’s a genius!” —  Dharma repeated blandly, seeming surprised that I did not get it.

“Oh, Renford? He’s a genius!” — she said a third time more slowly, and then, seeing my uncomprehending stare,  explained to me that that was the common saying at Cambridge about the young Renford Bambrough back in the post-War years when she had herself arrived there as an undergraduate.

Now, finally, I got it.  “Oh, Renford? He’s a genius!”

In “Conflict and the Scope of Reason”, Renford Bambrough recounted that he had, around 1948, crossed the great Bertrand Russell himself at a meeting of the Labour Club.  Russell had made a proposal (which he apparently denied later ever having made) of preventive atomic war against the USSR.  Sooner or later there would be conflict between the USSR and the West, the argument went, on balance it would be worse  to live under pax Sovietica than pax Americana; therefore, Russell had argued, the West’s existing power should be used to ensure the Soviets never acquired the same.   At question-time, young Renford, aged 22, asked Russell why, from a purely philosophical point of view, it mattered  “if the human race did destroy itself rather than die of natural causes later”.  There was laughter among the audience, and then Russell said he had enormously liked the question, and wished he could “achieve the degree of detachment here displayed by one so young.  But I confess that I, for my part, have never been able to overcome my feelings of concern for the welfare of the species of which I am a member”.  Russell had misunderstood the question or deftly avoided it, but even so he had noticed in his young interlocutor the calm detachment that would mark all his later thought.

John Renford Bambrough was born on April 29 1926 and died on January 17th 1999.  I have written a little about him here and shall write more fully about him anon.

 

See especially

Is “Cambridge Philosophy” dead, in Cambridge? Can it be resurrected, there? Case Study: Renford Bambrough (& Subroto Roy) preceded by decades Cheryl Misak’s thesis on Wittgenstein being linked with Peirce via Ramsey… https://independentindian.com/2017/10/27/cambridge-philosophy-rest-in-peace-yes-bambrough-i-preceded-misaks-link-by-deacades/

Also

“1.24. Bambrough publicly asked Russell in 1948 if it made a difference if humans as a species perished before their time. If we are destined to be extinct in x years does it matter if we perish by y<x ? Russell dodged the question. I’ve said yes it does matter because we don’t produce the Da Vinci etc work we may have done… My answer is yes it does matter if humankind perishes at y< x as the good (or net good) we would have produced between y and x never gets created. A future intelligence would find less about us…” Physics and Reasoning 

https://independentindian.com/2017/09/26/physics-reasoning-an-ongoing-tract-by-subroto-roy-draft-26-9-2017/

Subroto Roy

 

 

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

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

“…America and its allies would not be safe for long since the civil war they had left behind in Afghanistan while trying to defeat the USSR now became a brew from which arose a new threat of violent Islamism. Osama bin Laden and the Taliban, whom Pakistan’s military and the USA had promoted, now encouraged unprecedented attacks on the American mainland on September 11 2001 ~ causing physical and psychological damage which no Soviet, Chinese or Cuban missiles ever had been allowed to do….”

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Followed by Mark Hibbs:

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

Followed by Charles Mead:

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

Mark Hibbs:

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

Charles Meade:

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

Yale Simkin:

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

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

Rather uncool, really.

Specifically:

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

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

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

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

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

Do Governments lie?  Yes Virginia, they do.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Subroto Roy

How to solve Kashmir (2009)

see

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

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

Also

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

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

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

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

In other words, the dismemberment of the original J&K State and annexation of its territories by the entities known today as the Republic of Pakistan and Republic of India  that occurred since October 22 1947, as represented first by the 1949 Ceasefire Line and then by the 1972 Line of Control, is indeed the just and lawful outcome prevailing in respect of the question of territorial sovereignty and jurisdiction. The remaining democratic question has to do with free individual choice of nationality by inhabitants, under conditions of full information and privacy, citizen-by-citizen, with the grant of permanent residency rights by the Indian Republic to persons under its jurisdiction in J&K who might wish to choose, for deeply personal individual reasons, not to remain Indian nationals but become Afghan, Iranian or Pakistani nationals instead (or remain stateless).   Pakistan has said frequently its sole concern has been the freedom of Muslims of J&K under Indian rule, and any such genuine concern shall have been thereby fully met by India.  Indeed if Pakistan agreed to act similarly this entire complex mortal problem of decades shall have begun to be resolved most appropriately. Pakistan and India are both wracked by corruption, poverty and bad governance, and would be able to mutually draw down military forces pit against one another everywhere, so as to begin to repair the grave damage to their fiscal health caused over decades by the deleterious draining away of vast public resources.

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

Subroto Roy
January 7 2009

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

FIVE

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

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

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

Mr Zardari makes the following seemingly innocuous statement:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

President Zardari’s article says:

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

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

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

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

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

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

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

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

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

Etc.

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

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

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

 

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

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

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

Death of Solzhenitsyn

In Chapter 6 of my Philosophy of Economics, is to be found a quote from Solzhenitsyn: “(Also Solzhenitsyn: “Fastenko, on the other hand, was the most cheerful person in the cell, even though, in view of his age, he was the only one who could not count on surviving and returning to freedom. Flinging an arm around my shoulders, he would say: To stand up for truth is nothing! For truth you have to sit in jail!”)”.

Aleksandr Isayevich Solzhenitsyn, along with Andrei Dmitrievich Sakharov, were heroes of mine after I had left school in India in December 1971 and reached Paris where my father was with the Embassy.  My father had purchased Solzhenitsyn’s books and these I devoured eagerly at our then-home at 14 Rue Eugene Manuel, during breaks from my pre-University education at Haileybury College, across the English Channel.  We had been in Odessa before Paris, and in Stockholm before Odessa.  In 1969, we had travelled by ship and train from Stockholm via Helsinki to Leningrad, Moscow and Odessa.   In December 1967, my father had gotten me to fly to Stockholm through Moscow and stay for a day or two with a colleague of his during my winter holidays from India.  Moscow in December 1967 was celebrating the 50th Anniversary of the Bolshevik Revolution — I recall what the city felt and seemed like to me as a 12 year old: foreboding, awesome, intimidating.

Now in 1972-73 in Paris, the works of Solzhenitsyn and the example of Sakharov explained to me that brief boyhood experience of the USSR and a great deal more.

As it happens, the present PM of India, as a friend of my father’s, visited us at 14 Rue Eugene Manuel in the summer of 1973 at my father’s request to  advise me about studying economics (I was on my way to the London School of Economics as an undergraduate).  He stayed about 40 minutes during his busy schedule as part of an Indian economic delegation.  I was 18, he was about 41.  We ended up having a tense debate about the merits (as he saw them) and demerits (as I saw them) of the Soviet influence on Indian economic “planning”.  He had not expected such controversy from a lad but he was kindly disposed and offered when departing to write a letter of introduction to a well-known Indian professor at the LSE for me to carry, which I did.

The works and example of Solzhenitsyn and Sakharov built my youthful understanding of the USSR at age 17-18.  This contributed to my libertarianism at Cambridge University and later in America (until my experience of the American federal judiciary at age 37 or so).

When I mentioned my admiration for Solzhenitsyn’s work to Milton Friedman at a memorable luncheon at his San Francisco home in 1989, he said that they had been neighbours in Vermont though they had not interacted because of Solzhenitsyn’s desire to be reclusive.

Solzhenitsyn and Sakharov symbolised shoots of new life in the swamp that had been Soviet totalitarianism.

China’s India Example: Tibet, Xinjiang May Not Be Assimilated Like Inner Mongolia, Manchuria (2008)

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

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

 by

 Subroto Roy

 

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

 

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

Chinese nationalism

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

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

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

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

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

 

 

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

 

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

 

 

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

 

 

Chinese passports

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

Map of India-Tibet-China-Mongolia 1959

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

See also

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

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

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

China’s India Aggression (2007)

China’s India Aggression

German Historians Discover Logic Behind Communist Military Strategy

by

Subroto Roy

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

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

Chinese claims

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

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

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

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

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

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

 

 

Less than legitimate

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

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

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

On Land-Grabbing

ON LAND-GRABBING

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

By SUBROTO ROY

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

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

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

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

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

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

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

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

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

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

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

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

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

Addendum to *Modern World History, 2006*

Subroto Roy adds  at Facebook to his 2006 essay *Modern World History* as follows:

“Throughout the 19th Century and spilling into the 20th, from the rise of Napoleon to the start of WWI, first France and then Britain were in rapid ascendancy in the world – only to decline (into near nothingness in case of France) in WWII before recovering to return to the rank of respectable powers in the second half of the 20thC. The 20th C saw rise of Germany, Japan, Communist Russia & the USA to world supremacy; Germany and Japan then vanquished themselves into near nothingness by wars they created, and Russia too, perhaps less so, by the (Leninist-Stalinist) ideology it had adopted as a cost of progress; the victor in each case was the USA and its allies Britain and France. At the close of the 20th C, the USA was unquestionably predominant in the world – only to receive a sudden and near-blinding blow in the eye by way of the 9/11 attacks from which it has taken a decade to recover. China, India and the Muslim world remain, in the main, defensive powers, not seeking foreign dominions themselves so much as seeking to prevent further foreign domination as they have suffered in the past – in this China, both Communist and Non-Communist, may be more successful than the others. Israel and Iran are indeed the new kids on the block and their unruly conflict does indeed portend the gravest risk to world tranquility in the 21st Century. Martin Buber’s statement suggesting Israel should seek to be an Asian and not a European power “pursuing the settlement effort in Palestine in agreement, nay, alliance with the peoples of the East, so as to erect with them together a great federative structure, which might learn and receive from the West whatever positive aims and means might be learnt and received from it, without, however, succumbing to the influence of its inner disarray and aimlessness”, holds an important key.

Transparency and Economic Policy-Making

Transparency and Economic Policy-Making

An address by Professor Subroto Roy to the Asia-Pacific Public Relations Conference, (panel on Transparency chaired by C. R. Irani) January 30 1998.

This talk is dedicated to the memory of my sister Suchandra Bhattacharjee (14.02.1943-10.01.1998).
1. I would like to talk about transparency and economic policy-making in our country. For something to be transparent is, in plain language, for it to be able to be openly seen through, for it to not to be opaque, obscure or muddy, for it to be clear to the naked eye or to the reasonable mind. A clear glass of water is a transparent glass of water. Similarly, an open and easily comprehensible set of economic policies is a transparent set of economic policies.

The philosopher Karl Popper wrote a famous book after the Second World War titled The Open Society and its Enemies. It contained a passionate defence of liberal institutions and democratic freedoms and a bitter attack on totalitarian doctrines of all kinds. It generated a lot of controversy, especially over its likely misreading of the best known work of political philosophy since the 4th Century BC, namely, Plato’s Republic .[1] I shall borrow Popper’s terms ‘open society’ and ‘closed society’ and will first try to make this a useful distinction for modern times, and then apply it to the process of economic policy-making in India today.

2. An open society is one in which the ordinary citizen has reasonably easy access to any and all information relating to the public or social interest — whether the information is directly available to the citizen himself or herself, or is indirectly available to his or her elected representatives like MP’s and MLA’s. Different citizens will respond to the same factual information in different ways, and conflict and debate about the common good will result. But that would be part of the democratic process.

The assessment that any public makes about the government of the day depends on both good and bad news about the fate of the country at any given time. In an open society, both good news and bad news is out there in the pubic domain — open to be assessed, debated, rejoiced over, or wept about. If we win a cricket match or send a woman into space we rejoice. If we lose a child in a manhole or a busload of children in a river, we weep. If some tremendous fraud on the public exchequer comes to be exposed, we are appalled. And so on.

It is the hallmark of an open society that its citizens are mature enough to cope with both the good and the bad news about their country that comes to be daily placed before them. Or, perhaps more accurately, the experience of having to handle both good and bad news daily about their world causes the citizens in an open society to undergo a process of social maturation in formulating their understanding of the common good as well as their responses to problems or crises that the community may come to face. They might be thereby thought of as improving their civic capacities, as becoming better-informed and more discerning voters and decision-makers, and so becoming better citizens of the country in which they live.

The opposite of an open society is a closed society — one in which a ruling political party or a self-styled elite or nomenclatura keep publicly important information to themselves, and do not allow the ordinary citizen easy or reasonably free access to it. The reason may be merely that they are intent on accumulating assets for themselves as quickly as they can while in office, or that they are afraid of public anger and want to save their own skins from demands for accountability. Or it may be that they have the impression that the public is better off kept in the dark — that only the elite nomenclatura is in position to use the information to serve the national interest.

In a closed society it is inevitable that bad news comes to be censored or suppressed by the nomenclatura, and so the good news gets exaggerated in significance. News of economic disasters, military defeats or domestic uprisings gets suppressed. News of victories or achievements or heroics gets exaggerated. If there are no real victories, achievements or heroics, fake ones have to be invented by government hacks — although the suppressed bad news tends to silently whisper all the way through the public consciousness in any case.

Such is the way of government propaganda in almost every country, even those that pride themselves on being free and democratic societies. Dostoevsky’s cardinal advice in Brothers Karamasov was: “Above all, never lie to yourself”. Yet people in power tend to become so adept at propaganda that they start to deceive themselves and forget what is true and what is false, or worse still, cannot remember how to distinguish between true and false in the first place. In an essay thirty years ago titled Truth and Politics, the American scholar Hannah Arendt put it like this:

“Insofar as man carries within himself a partner from whom he can never win release, he will be better off not to live with a murderer or a liar; or: since thought is the silent dialogue carried out between me and myself, I must be careful to keep the integrity of this partner intact, for otherwise I shall surely lose the capacity for thought altogether.”[2]

3. Closed societies may have been the rule and open societies the exception for most of human history. The good news at the end of the 20th Century is surely that since November 7 1989, when the Berlin Wall fell, the closed society has officially ceased to be a respectable form of human social organization. The age of mass access to television and telecommunications at the end of the 20th Century may be spelling the permanent end of totalitarianism and closed societies in general. The Berlin Wall was perhaps doomed to fall the first day East Germans were able to watch West German television programs.

Other than our large and powerful neighbour China, plus perhaps North Korea, Myanmar, and some Islamic countries, declared closed societies are becoming hard to find, and China remains in two minds whether to be open or closed. No longer is Russia or Romania or Albania or South Africa closed in the way each once was for many years. There may be all sorts of problems and confusions in these countries but they are or trying to become open societies.

Under the glare of TV cameras in the 21st Century, horrors like the Holocaust or the Gulag or even an atrocity like Jalianwalla Bag or the Mai Lai massacre will simply not be able to take place anywhere in the world. Such things are not going to happen, or if they do happen, it will be random terrorism and not systematic, large scale genocide of the sort the 20th Century has experienced. The good news is that somehow, through the growth of human ingenuity that we call technical progress, we may have made some moral progress as a species as well.

4. My hypothesis, then, is that while every country finds its place on a spectrum of openness and closedness with respect to its political institutions and availability of information, a broad and permanent drift has been taking place as the 20th Century comes to an end in the direction of openness.

With this greater openness we should expect bad news not to come to be suppressed or good news not to come to be exaggerated in the old ways of propaganda. Instead we should expect more objectively accurate information to come about in the public domain — i.e., better quality and more reliable information, in other words, more truthful information. This in turn commensurately requires more candour and maturity on the part of citizens in discussions about the national or social interest. Closed society totalitarianism permitted the general masses to remain docile and unthinking while the nomenclatura make the decisions. Dostoevsky’s Grand Inquisitor said that is all that can be expected of the masses. Open society transparency and democracy defines the concept of an ordinary citizen and requires from that citizen individual rationality and individual responsibility. It is the requirement Pericles made of the Athenians:

“Here each individual is interested not only in his own affairs but in the affairs of the state as well; even those who are mostly occupied with their own business are extremely well-informed on general politics – this is a peculiarity of ours: we do not say that a man who takes no interest in politics is a man who minds his own business; we say that he has no business here at all.”[3]

5. All this being said, I am at last in a position to turn to economic policy in India today. I am sorry to have been so long-winded and pedantic but now I can state my main substantive point bluntly: in India today, there is almost zero transparency in the information needed for effective macroeconomic policy-making whether at the Union or State levels. To illustrate by some examples.

(A) Macroeconomic policy-making in any large country requires the presence of half a dozen or a dozen well-defined competing models produced by the government and private agencies, specifying plausible causal links between major economic variables, and made testable against time-series data of reasonably long duration. In India we seem to have almost none. The University Economics Departments are all owned by some government or other and can hardly speak out with any academic freedom. When the Ministry of Finance or RBI or Planning Commission, or the India teams of the World Bank or IMF, make their periodic statements they do not appear to be based on any such models or any such data-base. If any such models exist, these need to be published and placed in the public domain for thorough discussion as to their specification and their data. Otherwise, whatever is being predicted cannot be assessed as being very much more reliable than the predictions obtained from the Finance Minister’s astrologer or palmist. (NB: Horse-Manure is a polite word used in the American South for what elsewhere goes by the initials of B. S.). Furthermore, there is no follow-up or critical review to see whether what the Government said was going to happen a year ago has in fact happened, and if not, why not.

(B) The Constitution of India defines many States yet no one seems to be quite certain how many States really constitute the Union of India at any given time. We began with a dozen. Some 565 petty monarchs were successfully integrated into a unitary Republic of India, and for some years we had sixteen States. But today, do we really have 26 States? Is Delhi a State? UP with 150 million people would be the fifth or sixth largest country in the world on its own; is it really merely one State of India? Are 11 Small States de facto Union Territories in view of their heavy dependence on the Union? Suppose we agreed there are fifteen Major States of India based on sheer population size: namely, Andhra, Assam, Bihar, Gujarat, Haryana, Karnataka, Kerala, MP, Maharashtra, Orissa, Punjab, Rajasthan, Tamil Nadu, UP and West Bengal. These States account for 93% of the population of India. The average population of these 15 Major States is 58 million people each. That is the size of a major country like France or Britain. In other words, the 870 million people in India’s Major States are numerically 15 Frances or 15 Britains put together.

Yet no reliable, uniformly collected GDP figures exist for these 15 States. The RBI has the best data, and these are at least two years old, and the RBI will tell you without further explanation that the data across States are not comparable. If that is the case at State-level, I do not see how the national-level Gross Domestic Product can possibly be estimated with any meaningfulness at all.

(C) Then we hear about the Government Budget deficit as a percentage of GDP. Now any national government is able to pay for its activities only by taxation or borrowing or by using its monopoly over the domestic medium of exchange to print new money. In India today, universal money-illusion seems to prevail. It would not be widely recognised by citizens, journalists or policy-makers that, say, 100,000 Rupees nominally taxed at 10% under 20% inflation leaves less real disposable income than the same taxed at 20% with 5% inflation. This is in part because inflation figures are unknown or suspect. There is no reliable all-India or State-level consumer price index. The wholesale price index on the basis of which the Government of India makes its inflation statements, may not accurately reflect the actual decline in the purchasing power of money, as measured, say, by rises in prices of alternative stores of value like land. The index includes artificially low administered or subsidized prices for petroleum, cereals, and electricity. To the extent these prices may be expected to move towards international equilibrium prices, the index contains a strong element of deferred inflation. One urgent task for all macroeconomic research in India is construction of reliable price-data indices at both Union and State levels, or at a minimum, the testing for reliability by international standards of series currently produced by Government agencies.

Without reliable macroeconomic information being spread widely through a reasonably well-informed electorate, the Government of India has been able to wash away fiscal budget constraints by monetization and inflation without significant response from voters. The routine method of meeting deficits has become “the use of the printing press to manufacture legal tender paper money”, either directly by paying Government creditors “with new paper money specially printed for the purpose” or indirectly by paying creditors “out of loans to itself from the Central Bank”, issuing paper money to that amount. Every Budget of the Government of India, including the most recent ones of 1996 and 1997, comes to be attended by detailed Press discussion with regard to the minutae of changes in tax rates or tax-collection — yet the enormous phenomena of the automatic monetization of the Government’s deficit is ill-understood and effectively ignored. Historically, a policy of monetization started with the British Government in India during the Second World War, with a more than five-fold increase in money supply occurring between 1939 and 1945. Inflation rates never seen in India before or since were the result (Charts 0000), attended by the Great Famine of 1942/43. Though these were brought down after succession of C. D. Deshmukh as Governor of the Reserve Bank, the policy of automatic monetization did not cease and continues until the present day. Inflation “sooner or later destroys the confidence, not only of businessmen, but of the whole community, in the future value of the currency. Then comes the stage known as “the flight from the currency.” Had the Rupee been convertible during the Bretton Woods period, depreciation would have signalled and helped to adjust for disequilibrium. But exchange-controls imposed during the War were enlarged by the new Governments of India and Pakistan after the British departure to exclude convertible Sterling Area currencies as well. With the Rupee no longer convertible, internal monetization of deficits could continue without commensurate exchange-rate depreciation.

The Reserve Bank was originally supposed to be a monetary authority independent of the Government’s fiscal compulsions. It has been prevented from developing into anything more than a department of the Ministry of Finance, and as such, has become the captive creditor of the Government. The RBI in turn has utilized its supervisory role over banking to hold captive creditors, especially nationalized banks whose liabilities account for 90% of commercial bank deposits in the country. Also captive are nationalized insurance companies and pension funds. Government debt instruments show on the asset side of these balance-sheets. To the extent these may not have been held had banks been allowed to act in the interests of proper management of depositors’ liabilities and share-capital according to normal principles, these are pseudo-assets worth small fractions of their nominal values. Chart 0000 shows that in the last five years the average term structure of Government debt has been shortening rapidly, suggesting the Government is finding it increasingly difficult to find creditors, and portending higher interest rates.

General recognition of these business facts, as may be expected to come about with increasing transparency, would be a recipe for a crisis of confidence in the banking and financial system if appropriate policies were not in place beforehand.

(D) As two last examples, I offer two charts. The first shows the domestic interest burden of the Government of India growing at an alarming rate, even after it has been deflated to real terms. The second tries to show India’s foreign assets and liabilities together – we always come to know what is happening to the RBI’s reserve levels, what is less known or less understood is the structure of foreign liabilities being accumulated by the country. Very roughly speaking, in terms that everyone can understand, every man, woman and child in India today owes something like 100 US dollars to the outside world. The Ministry of Finance will tell you that this is not to be worried about because it is long-term debt and not short-term debt. Even if we take them at their word, interest payments still have to be paid on long-term debt, say at 3% per annum. That means for the stock of debt merely to be financed, every man, woman and child in India must be earning $3 every year in foreign exchange via the sale of real goods and services abroad. I.e., something like $3 billion must be newly earned every year in foreign exchange merely to finance the existing stock of debt. Quite clearly, that is not happening and it would stretch the imagination to see how it can be made to happen.

In sum, then, India, blessed with democratic political traditions which we had to take from the British against their will — remember Tilak, “Freedom is my birthright, and I shall have it” — may still be stuck with a closed society mentality when it comes to the all-important issue of economic policy. There is simply an absence in Indian public discourse of vigourous discussion of economic models and facts, whether at Union or State levels. A friendly foreign ambassador pointedly observed an absence in India of political philosophy. It may be more accurate to say that without adequate experience of a normal agenda of government being seen to be practised, widespread ignorance regarding fiscal and monetary causalities and inexperience of the technology of governance remains in the Indian electorate, as well as among public decision-makers at all levels. Our politicians seem to spend an inordinate amount of their time either garlanding one another with flowers or garlanding statues and photographs of the glorious dead. It is high time they stopped to think about the living and the future.

[1] Renford Bambrough (ed.) Plato, Popper and Politics: Some Contributions to a Modern Controversy, 1967.

[2] Philosophy, Politics and Society, 2nd Series, Peter Laslett & W. G. Runciman (eds.), 1967.

[3] Thucydides, History of the Pelopennesian War, II.40.

Soviet-era maps of Ukraine war campaigns & territorial changes (from *Soviet Ukraine*, c. 1970, MK Roy Library)

 

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