The Problem of the State of Jammu & Kashmir and the Role of the United Nations

By: Rizwan Ashraf

The state of Jammu and Kashmir came into existence as a result of the Treaty of Amritsar in 1846 and existed for 101 years until 1947. The decision to end the direct occupation of India by the British Empire had been made and after various discussions and consultations, a law was made in this regard, which is known as the Indian Independence Act. Under the Indian Independence Act, the princely states were given the right to choose either of the two newly formed states or to maintain their independent status. Although the issue of the independent status of the states was mentioned in this law, in practice, during the partition of the subcontinent, the British Empire did not support the independence and sovereignty of any princely state. Rather, it should be understood that the autonomy of the princely states was not part of the plan for the partition of India.

When religious sectarianism was encouraged in the subcontinent on the instructions of the British Empire, even the Muslim-majority state of Jammu and Kashmir and the areas of Tibet could not escape it. There were various reasons for this. First, the areas of the state of Jammu and Kashmir were the focus of British imperialism because the British Empire did not want to allow Russian socialism to enter India. Then, for its market, sovereignty and other interests in the newly formed countries, it was necessary to create problems like Jammu and Kashmir between the two countries. In short, the state of Jammu and Kashmir remained the center of attention of world powers and British imperialism did not support the independence of this state in any way for its own interests and control of Russian socialism.

In 1947, when the subcontinent was divided into two countries, India and Pakistan, both countries wanted to integrate as many of their co-religionist areas as possible into their country. Long story short, Pakistan started making regular plans to attack the state and started training tribal Pathans in its various military headquarters. It is worth noting that till then, the armies of both countries, Pakistan and India, were led by the British. The Chief of Army Staff of the Indian Army was General Roy Boucher and the Pakistan Army was led by General Frank Missouri and later General Gracey. Both the armies still included people from both sides. When the Hindu military officers in the Pakistani army came to know that the Pakistani army wanted to take regular military action on the state of Jammu and Kashmir, they informed the Indian army, but this news was not made public. At the same time, a Hindu officer named Major Gulkar of the Pakistani army gave all the information about this expected attack to India and was arrested on his return to Pakistan and locked up in a house. He escaped from prison and reached India and spread the word among the people that Pakistan wanted to take regular military action on the state of Jammu and Kashmir.

Maharaja Hari Singh wanted to keep the state independent and tried to reach agreements with both the countries so that he would have time to decide about the future of his state. Pakistan accepted the June 3 agreement with the state, while the Indian government asked for more time. Meanwhile, on October 22, 1947, the Pakistani army, taking the tribesmen, launched a regular attack on the state of Jammu and Kashmir and started a massacre of non-Muslims. The Maharaja’s inadequate army was scattered and the Pakistani troops began to advance. Hari Singh sought military assistance from India in this sudden war situation, which later became conditional on accession, and on the document of accession sent by the Maharaja, the imperial viceroy Lord Mountbatten accepted it and wrote that the people of the state of Jammu and Kashmir would decide on this when peace was restored.
India entered its forces into the state on 27 October 1947 and thus the fighting between the armies of Pakistan and India began. The Indian government took the matter to the United Nations Security Council with the advice of Mountbatten, that is, one member country of the United Nations complained to the United Nations against another member country that the state of Jammu and Kashmir had been annexed by India and Pakistan had attacked the state and was massacring the people of the state. Pakistan adopted the position in the United Nations that the issue of statehood was not the only issue, but there were also issues with India regarding the division of Pakistan’s assets, access to East Pakistan, water and other issues, as a result of which a commission was established in January 1948 through the 39th resolution of the United Nations to investigate, assist and resolve this issue, which was called the United Nations Commission on India and Pakistan (UNCIP).

The United Nations Commission on India and Pakistan, after consultation with the representatives of Pakistan and India, presented a resolution on 13 August 1948 stating that a war between Pakistan and India was a threat to world peace, and therefore the following should be taken immediately:

Part I: Ceasefire Orders

1. The High Commands of the Indian and Pakistani armies will immediately issue cease-fire orders to their respective forces in the State of Jammu and Kashmir.
2. The High Commands of both armies agree that they will refrain from any step which would increase the military strength of the forces under their command in the State of Jammu and Kashmir.
3. The Commanders-in-Chief of the Indian and Pakistani armies will promptly advise each other of any necessary local changes in the prevailing situation which may facilitate the cessation of hostilities.
4. At its discretion, and as the Commission may find practicable, the Commission shall appoint such military observers as may be practicable to supervise the observance of the cease-fire under the Commission and in co-operation with the two Commands.
5. The Government of India and the Government of Pakistan agree to call upon their respective peoples to assist in creating and maintaining an environment conducive to the promotion of further dialogue.

Part II: Declaration of Confidence

1. Since the presence of Pakistani troops in the territory of the State of Jammu and Kashmir constitutes a material change in the situation as represented by the Government of Pakistan before the Security Council, the Government of Pakistan agrees to withdraw its troops from that State.
2. The Government of Pakistan will use its best efforts to secure the return from the State of Jammu and Kashmir of tribals and Pakistani nationals who are not ordinarily residents of that State and who have entered the State for the purpose of fighting.
3. The area vacated by the Pakistani troops shall be administered by the local authorities under the supervision of the Commission until the final settlement of this problem.
4. When the Commission shall inform the Government of India that the tribals and Pakistani nationals have been expelled from the State, thereby putting an end to the situation which was represented by the Government of India before the Security Council as having permitted the presence of Indian troops in the State. Further, as the withdrawal of Pakistani forces from the State of Jammu and Kashmir is being effected, the Government of India agrees to commence the withdrawal of a substantial part of its forces from the State in a phased manner.
5. In order to agree on the terms for the final settlement of the situation in the State of Jammu and Kashmir, the Government of India shall, at the time of the ceasefire, provide its minimum forces as agreed with the Commission, which shall assist the local authorities in maintaining law and order. The Commission shall, where it considers necessary, post its observers.
6. The Government of India shall ensure that the Government of the State of Jammu and Kashmir, by exercising its powers, shall assure the public that peace, security and order will be maintained and that all human and political interests will be protected.

Part Three: Independence from Pakistan and India

The Pakistani and Indian Governments reaffirm their desire that the future of the State of Jammu and Kashmir shall be determined in accordance with the wishes of the people of the State of Jammu and Kashmir. After the ratification of this Memorandum of Understanding, both Governments agree to consult with the Commission to determine appropriate and just conditions under which freedom of expression will be assured.

A ceasefire was declared after this resolution, but nothing more could be done. Neither Pakistan withdrew its forces nor did any serious effort to resolve the issue appear to have been made by either country. Both countries kept blaming each other and the lives of the citizens of the state of Jammu and Kashmir became miserable and both countries started using various tactics to humiliate each other at local and international forums and the issue of the state of Jammu and Kashmir took the form of a regular industry for Pakistan, India and many organizations, individuals and groups created by them in which regular investments were made and results of their own choice were drawn and both countries started considering the occupation of the state of Jammu and Kashmir and the plunder of its resources as their right and authority.

Then on 5 January 1949, the United Nations passed another resolution in which it was said that on 23 and 25 December 1948, the following principles were unanimously adopted by both the governments of India and Pakistan:

1- The decision on the accession of the state of Jammu and Kashmir to India or Pakistan shall be taken through a democratic process of free and impartial plebiscite.

2. The plebiscite shall be held when the Commission is satisfied that the ceasefire and peace arrangements provided for in Parts I and II of the Commission’s resolution of 13 August 1948 have been established and that the arrangements for the plebiscite have been completed.
3. The Secretary-General of the United Nations shall, in agreement with the Commission, nominate a plebiscite administrator who shall be duly appointed by the Government of Jammu and Kashmir.
4. The plebiscite administrator shall receive from the Government of the State of Jammu and Kashmir such powers as he may consider necessary for the organization and conduct of the plebiscite and for ensuring the freedom and impartiality of the plebiscite.
5. The plebiscite administrator shall have the power to appoint assistants and observers as may be necessary.
6. After the implementation of Parts I and II of the Commission’s resolution of 13th August 1948, and when the Commission is satisfied that peace has been restored in the State, the Commission and the Plebiscite Administrator shall, in consultation with the Government of India, determine the question of the Indian and State Armed Forces. The determination of the Indian and State Armed Forces shall be made having regard to the security of the State and the freedom of the plebiscite.
7. In respect of the area referred to in Part II, A2 of the resolution of 13th August, the final disposition of the armed forces in that area shall be decided by the Commission and the Plebiscite Administrator in consultation with the local authorities.
8. It shall be binding on all civil and military authorities and political elements of the State to co-operate with the Plebiscite Administrator in the conduct of the plebiscite.

Further rules and regulations were also laid down on how the plebiscite should be conducted so that the opinion of the citizens of the State of Jammu and Kashmir could be expressed whether they wanted to join India or Pakistan. By restricting the first resolution, which was unanimously approved by both the governments, that “the future of the State of Jammu and Kashmir shall be decided in accordance with the wishes of the people of the State”, the people of the State were now given the right to decide through plebiscite whether they wanted to join India or Pakistan. That is, a principle of the right to vote was laid down which is not complete on the definition of the right to vote itself.

In short, the issue of the State of Jammu and Kashmir is present in Chapter 6 of the United Nations, under which the United Nations can only submit recommendations and reports with the consent of both parties. I cannot make any recommendation or request without the consent of both countries. The United Nations has no role here, nor can the United Nations put any pressure on either country in this regard. The occupying powers cannot agree to withdraw by merely reminding them of moral issues, nor can they do so practically.

It is important to mention here that the last Maharaja of the state, Hari Singh, had written a letter to Patel saying that I had made a treaty with India to save my state and sought help, but India had failed in this. Therefore, I am now thinking of terminating my treaty with India. Since I am the head of my army and I wish to reorganize the army and die fighting the enemy while protecting my state.

Even after the resolution of January 5, 1949, this issue was discussed at various times in the United Nations, but its main focus was the same “referendum” through which it was decided whether the people here wanted to join Pakistan or India. Moreover, there is no issue of the state of Jammu and Kashmir in the United Nations at all.

The Jammu and Kashmir People’s National Party believes that a territory snatched on the basis of force is not to be given by any means, nor is this issue within the scope of the current Chapter 6 of the United Nations to resolve it. The issue of the state of Jammu and Kashmir is an issue of national independence, and since 1947, Pakistan and India have been usurping the national independence of the state of Jammu and Kashmir and have been oppressively occupying it. To end the occupation of the state by both countries, the people of all parts of the state will have to organize themselves and fight on every front. The issue of the state of Jammu and Kashmir has no real connection with the UN, plebiscite and the meaningless slogans of choosing between Pakistan and India. If there is a connection with the state issue, it is with the Indian Independence Act. Yes, the same law through which India and Pakistan came into existence and the right of states to join any country or to have their own autonomy and independence is undeniable.

٭٭٭