KASHMIR : GENESIS

On 15th August, when most of the country awakened to a new identity and a new life, Kashmir signed a standstill agreement with both the dominions.  In June, internal revolts had started in Kashmir in protest of tax rules imposed by Hari Singh. Muslims in western sections revolted against the raja in June and subsequently there were anti- Muslim agitations in southern districts in September. Kashmir was already caught in internal rifts during partition. On 12th September, Liaquat Ali Khan, PM of Pakistan holds a meeting with his military and civilian officials, giving go ahead for two plans: raising a tribal force to attack Kashmir from the north and arming the rebels in the Poonch.

On October 22nd the tribal Pathan warriors along with Poonch rebels broke into the province and set start to a mass massacre that marked the beginning of the Indo- Pak war of 1947 and the subsequent era of destruction. They experienced significant successes in the opening days of conflict as they were able to take Dommel on the first day and overpower a Kashmiri government battalion at Muzaffarabad. The Dogra Army was nearly beaten. The Maharaja had already fled his capital, to seek the comparative safety of Jammu. By October 26, rebel force was in the vicinity of Srinagar.

A desperate Hari Singh had asked India for help, but Delhi maintained it was not in a position to send a military force of such magnitude to Kashmir. On 26th October Maharaja Hari Singh signed The Instrument of Accession. India accepted the accession making Kashmir an integral part of India, regarding it as provisional until such time that the will of the people can be determined by a plebiscite, as Kashmir was identified as a disputed territory. It must be noted that the IOU does not specify any provisionality or conditions for accessions, but the white papers specify it clearly. This creates a rift between strict legal interpretation and what was promised to the people. Sheik Abdullah endorsed the accession and he was appointed the head of the emergency administration. Pakistan still maintains the treaty was signed by raja under distress and thereby lacks constitutional integrity.

Lord Mountbatten, the first Governor General of India and the Chairman of the provisional Defence Committee, reacted with exceeding speed on behalf of India, and air-lifted Indian troops to Kashmir on October 27th to halt the tribal incursion. Indian military forces were able to recapture Baramullah and surrounding regions from the rebels. Within days the Indian troops were able to contain the rebellion and a line of control was established.
In November India proposes that Pakistan withdraw its troops in order to conduct a plebiscite.

Pakistan rejects the proposal sighting a fair voting won’t take place in the presence of Indian military forces, and the close ties of sheikh Abdullah and Nehru regime also raised doubts. Pakistan instead proposed simultaneous demilitarization followed by a plebiscite under international authority, which India rejected. In December the prime ministers Liaqat Ali Khan and Jawaharlal Nehru met, where Nehru informed of India’s intention to take the issue to UN security council under article 35 of UN charter.

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