Prof. Bruce P. Lusignan
War and Peace: An Analysis Of The Kashmir Issue And A Possible Path To Peace
By: Iveshu R. Bhatia
Dated: Friday, December 3rd 2004
Table of Contents
Topic Pg. no.
An introduction to Kashmir and a history of the region…………….1
Why is Kashmir so important? …………………………………………3
Analysis of terrorism in Kashmir and the India-Pakistan dispute…7
Other factors supporting the rise of terrorism in Kashmir……….10
Impact of terrorism and the proxy war……………………………..12
Potential steps towards a peaceful solution………………………..15
Appendix I: List of Works Cited/Bibliography……………….......20
Appendix II: Map of the region.……………………………………21
Appendix III: Copy of instrument of Accession of Kashmir to India…22
War and Peace: An Analysis Of The Kashmir Issue And A Possible Path To Peace
Today, the word Kashmir has become synonymous with death, destruction and religious genocide in South Asia. Although the roots of the Kashmir issue lie in a territorial dispute between India and Pakistan, it has evolved into a multi-faceted issue over the years. This paper discusses this dispute, its history, its effects and potential steps towards a peaceful resolution.
An introduction to Kashmir and a history of the region
Kashmir is a landlocked region in South Asia, sandwiched between India, Pakistan, Afghanistan and China. It is spread across an area of 86,000 square miles, an area bigger than 87 sovereign countries1. Kashmir is home to almost thirteen million people1. Though mostly Muslim, the state also has significant Hindu, Buddhist and Sikh populations. Cradled by the mighty Himalayas and fed by rivers like the Satluj and Indus, Kashmir, has often been described as a ‘Paradise on Earth’. However, terrorism and a border dispute between India and Pakistan have given this very paradise the name ‘Hell on Earth’. With a predominantly agrarian population, the per capita income of Kashmir is less than 100 U.S. Dollars2. Most of the population is forced to live under immense squalor and oppression. This has made Kashmir one of the most controversial and hotly
debated topics in South Asia, a region home to almost a quarter of the world’s population.
In order to understand the current situation in Kashmir, it is necessary to understand the history of the region. The British sold Kashmir to Maharajah Ghulab Singh in 1846. Subsequently, Maharajah Ghulab Singh established himself as the independent princely ruler of Kashmir. This was done through the famous treaty of Amritsar4. After Ghulab Singh’s death, his kingdom passed on to his successors and was ultimately ruled by Maharajah Hari Singh until 1949. These rulers were known to be tyrannical and oppressive. In 1931, there was even a revolt and general unrest amongst the majority Muslim population.
In 1947, the South Asian portion of the British Empire was divided between India and Pakistan. Maharajah Hari Singh was advised to consider contiguous dominion, religious and ethnic issues when deciding which territory to accede to. Both India and Pakistan applied pressure to get Hari Singh to accede to them respectively. However, Maharajah Hari Singh remained neutral and did not accede to either dominion. As a result, Pakistan attempted to annex Kashmir and sent large number of ‘tribesmen’ and Pakistani army regulars to overthrow Hari Singh, and make Kashmir a part of Pakistan. At this point, the Maharajah made an offer to accede to the Indian union in exchange for protection by Indian forces. India agreed and sent its troops to Kashmir, sparking off the first war between the two countries. This invasion by Pakistan and the subsequent war in
1948 lead to the creation of a highly unstable and dangerous rivalry in the Indian subcontinent.
In 1948, Indian forces successfully thwarted the incursion by Pakistan and were even ready to invade Mirpur and Muzaffarabad (now in Pakistan)5. However, Nehru, the Prime Minister of India, recalled his forces and took the issue to the UN Security Council. The UN Security Council passed a resolution saying that Pakistan must withdraw all Pakistani citizens and tribesmen from the area and that a plebiscite be held to decide the future of the state3. However, due to a lack of interest from the international community neither objective of the resolution was achieved.
Meanwhile, Kashmir has in effect been divided into Azad Kashmir controlled by Pakistan (also known as Pakistan occupied Kashmir in India) and Jammu & Kashmir (A part of the Indian Union, also known as India occupied Kashmir in Pakistan). The de facto border between these two regions was called the LoC (Line of Control). This division stands today and is unofficially accepted as the border between the two countries. However, both countries still lay claim to the entire Kashmir valley. This has lead to a dangerous dispute between the two neighboring nuclear powers, India and Pakistan, and has led to several wars and border skirmishes since 1948.
Why is Kashmir so important?
Kashmir is strategically important to India and Pakistan. Kashmir provides Pakistan with much needed waters to irrigate the fertile plains of Punjab. The Indus and
its tributaries flowing in from Kashmir comprise the primary source of fresh water in Pakistan. As a result, control of the flow of water in these rivers through dams and canals has been a very important issue for decades.
Furthermore, the Silk Route, the primary land link between Pakistan and China passes through Kashmir. This is very significant because China has border disputes with India and is also a major diplomatic and military ally for Pakistan. The Silk route allows China to maintain an aggressive posture towards India, its biggest regional rival. An instance displaying the strategic importance of the Silk Route was when Pakistan reopened the road in 1965. Pakistan handed over complete control of Gilgit, a modern air force base on this route, to China4. This is very important as today Gilgit is the point from which China can penetrate deepest into Indian territory4. This significantly neutralizes the natural security created by the Himalayan range over north India. Interestingly, this move was made only when border tensions erupted between India and China in the 1960’s. The Silk Route also strengthens Pakistan’s relationship and trade with China.
There are many other areas in Kashmir that have major geo-political significance. One such area is the Siachen Glacier in the Karakoram Pass. It is the only barrier preventing Pakistani and Chinese forces from linking up in Kashmir4. If Pakistan and China were allowed to link up their militaries at Siachen, India’s national security over the entire northern frontier would be greatly undermined. Such a link up would create a very powerful military force, consisting of India’s two biggest rivals. This force would be
capable of joint and potentially decisive military action against India.
Additionally, the strategic importance of Kashmir extends beyond South Asia and
onto the global stage. The annexation of Kashmir by Pakistan or the creation of an independent state would create a continuous block of potential Islamic fundamentalist regions extending all the way from Morocco to Malaysia. Amongst other things, this would have a detrimental impact on the global strategy in the ‘war on terror’. Kashmir, already somewhat of a harbor for terrorists worldwide could also become a fundamentalist state like Iran and support undesirable activities. According to recent declassified documents, the west also had strategic military interests in Kashmir 6. Some analysts believe that an independent Kashmir, neutral between India and Pakistan, would be dependant on the west due to its land locked nature. This would give the west an opportunity to establish a military presence in the valley, thus enabling it to extend its influence beyond the Middle East to Central Asia and the western border of China. However, another report dismissed the idea as establishing a military base in the valley would be far too expensive and impractical due to the unsuitable terrain.
The western nations have also often leveraged Kashmir in their foreign policies with both India and Pakistan. In the 1980’s Pakistan was a major cold war ally for the west and was instrumental in the fight against the Soviets in Afghanistan. India in contrast was largely non-aligned with a bias favoring the Soviet Union. As a result, the west rewarded Pakistan for its support by reversing its stand on the Kashmir issue to
support Pakistan after a period of relative detachment from the dispute 6. It also became more tolerant of Pakistan’s tacit support to cross border violence. In the 1990’s as western relations with Pakistan became strained and the Soviet Union became obsolete, the west became more critical of Pakistan’s support to cross border terrorism. It applied both diplomatic and financial pressure on Pakistan to stop support for terrorist activities 6. However, more recently, the west has released some pressure on Pakistan to crack down on terrorist organizations in Kashmir. This seems to be in response to Pakistan’s support in the recent ‘war on terror’ and the realization that the Pakistani government may not have as much control over these terrorists organizations as it did a few years ago. Similarly, the western world has also often leveraged Kashmir in its foreign policy with regards to India in order to influence the actions of the Indian government. Therefore, the Kashmir valley has become important to Pakistan, India and world politics in general.
Besides its strategic and political importance, Pakistan and India both claim Kashmir because of cultural and social reasons. Kashmir has become ingrained in the minds of both Pakistanis and Indians as the single biggest issue facing the Indian subcontinent. Pakistan has suffered defeats in previous wars with India over Kashmir. Pakistan and India have developed a universal enmity and rivalry extending across all spheres of life. As a result, Kashmir has come to represent very high stakes for both countries in terms of national pride.
Analysis of terrorism in Kashmir and the India-Pakistan dispute
All these reasons have caused numerous wars and untold death and destruction for both India and Pakistan. However, the biggest fallout of the above factors has been rampant terrorism and the related proxy war between Pakistan and India since 1988. Terrorism has ravaged the valley and its people. This terrorism is not aimed at directly gaining any strategic advantage or territory from India. Rather, it is aimed at terrorizing and exterminating innocent and moderate Kashmiris to convert Kashmir into a radical Islamist region 7. Such a region would automatically be at odds with a secular, passive and Hindu dominated country like India. The region would therefore, naturally secede from India and possibly join Pakistan. This proxy war which employs the technique of terrorism rather than direct military action has completely changed the face of the Kashmir problem. It has converted the territorial dispute into a multifaceted social, economic, political, military and religious problem that must be resolved before Kashmir can ever experience peace and security.
This war is far more sophisticated and organized than the genocide in Congo and conflict in the Gaza strip. During the late eighties and early nineties, the Pakistani government and army, through the I.S.I. (Inter Services Intelligence), helped set up an entire terrorist network in Kashmir. Reports suggest that the I.S.I. had setup a war council consisting of approximately seventy hardcore terrorists 4. The I.S.I. has worked in conjunction with this terrorist network to achieve two major objectives. The first
objective is the removal of all non-Mulims from the Kashmir valley, and the severing of all connections to the central government 7. By doing so, it hopes to change the demographics of Kashmir to make it more natural for Kashmir to become a part of Pakistan. In essence, they want to convert Kashmir from being a part of secular India into an Islamic nation. The second objective is to neutralize a large part of the Indian military forces by keeping them occupied and making them less potent in the event of a confrontation with Pakistan.
Many techniques have been employed to achieve these two objectives. The most important of these techniques is the establishment of a network of religious schools in the valley. These religious schools reject secularism and the secular, scientific syllabus prescribed by the government. Instead, these schools implant religious bigotry, communal hatred and radical religious fundamentalism in thousands of impressionable young minds throughout the valley 4. A network of hundreds of such schools has been established by the terrorist organizations throughout the valley4. They have also destroyed many regular schools in the valley to force children to go to the religious schools or remain uneducated. They have also established a network of mosques throughout the valley 4. These mosques are instrumental in spreading religious fundamentalism. Together, these mosques and schools act as centers through which fundamentalism and violence have spread throughout Kashmir. These structures also act as important places for terrorist organizations to recruit people. These recruits, after being
thoroughly indoctrinated and trained in terrorist training camps, add to the religious hatred brewing in the valley. Simultaneously, terrorists are also destroying Hindu temples and systematically exterminating Hindus to erase any link between Muslims and Hindus in the valley7. This has further increased the communal tension in the valley.
Behind the scenes, the I.S.I. and the Pakistani army are supervising, controlling and supporting these terrorist organizations. They have armed the terrorists with the latest weapons and provide cover fire to help them infiltrate the L.O.C. into India13. The I.S.I. coordinates between different terrorist organizations to effectively spread violence and create communal tension throughout the valley. The terrorists, with help from Pakistan, have created training camps in Kashmir, Pakistan and Afghanistan to indoctrinate and further train recruits. It was estimated that there were as many as 5,000 terrorists in various camps located in Pakistani Punjab and the North West Frontier Province9.
The local government and administration are also deeply involved in the proxy war in the valley. In the early 1980’s the local administration began to be penetrated by fundamentalists, some from terrorist organizations. Simultaneously, moderates in senior posts in the local government were systematically exterminated. As a result, organizations like the Jamaat were able to organize black outs and major protests to bring the entire state to a standstill. Religious fundamentalists in high government positions also used government resources to provide logistical and monetary support to terrorists.
These fundamentalists discriminate against non Muslims in Kashmir, even denying them emergency medical aid or simple amenities like electricity and water.
It is interesting to note that on multiple occasions, security forces have uncovered evidence linking these terrorists with Pakistan and the Pakistani Army. In 1999, Security Forces recovered pay books and I.D. cards establishing the militants and ‘freedom fighters’ as regular soldiers in the Pakistani Army, specifically, the Northern Light Infantry. It has become clear that Pakistan, through organizations like the I.S.I. covertly supported terrorism in Kashmir. This fact is further supported by the Center for Contemporary Conflict in the U.S. which published an analysis of the Kargil conflict in 1999. The extent of Pakistan’s involvement in the current situation in Kashmir is also evident in the sudden fall of Kashmiri groups that support an independent Kashmir like the JKLF (Jammu and Kashmir Liberation Front). The JKLF comprised largely of radical Kashmiris and unlike today’s terrorist groups in the valley had few foreigners. However, as it became clear that the group did not support secession of the state to Pakistan, the group was suddenly marginalized and replaced by groups which supported secession to Pakistan14. Clearly, the situation in Kashmir has become a Pakistan supported proxy war from an indigenous struggle for self-determination.
Other factors supporting the rise of terrorism in Kashmir
External factors, especially bad administration by the Indian government and gross violations of human rights by Indian security forces, have also created an environment
conducive to terrorism in Kashmir. The biggest such factor has been the apathy of the central and state governments of the time with regard to Kashmir. The public infrastructure in Kashmir is almost non-existent and corruption and religious fundamentalism plague the public administrative machinery. During the beginning of the proxy war, the state and central governments did little to help the people of Kashmir. The ineffectiveness of the Janata Dal government, in power in 1989, only worsened the situation. The Indian central government displayed its weakness as it nearly collapsed when terrorists kidnapped the daughter of the Home Minister. In exchange for her safety, the government readily exchanged five captured militants. This near collapse of the Central Government, coupled with the government’s general apathy and ineptitude with regards to terrorism has only encouraged the terrorists in Kashmir. Such apathy and ineffectiveness have also created a sense of alienation and neglect for the Muslims in Kashmir. This sense of alienation only adds to the hatred against Hindus and India for the Muslims in the valley, thus, supporting communal tension in the area. Furthermore, this sense of alienation also encourages the terrorists to continue their activities.
Global politics have also played an important role in the proxy war in Kashmir. Kashmir has often been used as a strategic tool in the region. Pakistan has always desired greater international and western involvement in the issue. Such involvement is important as it keeps the issue alive and center stage. When the international community began to stress that the Kashmiri people had become alienated, Pakistan began the proxy war in
Kashmir while consistently maintaining that the terrorists were freedom fighters. This created an impression in the international community that the people of Kashmir indeed wanted to accede from India. However, towards the end of the Clinton administration, the west, led by the United States began to follow a policy of non interference that supported a bilateral resolution of the dispute as preferred by India. This was extremely detrimental to Pakistan. As a result, Pakistan began to project Kashmir as a major humanitarian disaster like Kosovo. It claimed that the people of Kashmir had been completely alienated by the rest of the country. During this period, attacks against innocent civilians were stepped up and India was projected as performing gross civil rights abuses in Kashmir. However, during the same period terrorists were systematically eliminating non Muslims in the valley. They were spreading terror throughout the state to create the impression of a purely Muslim region in a Hindu country where human civil rights abuses were rampant. This was done primarily to force the west to become more involved in Kashmir as it did in Kosovo and Bosnia. Direct western military involvement would be extremely beneficial to Pakistani interests as the valley is still mostly in Indian possession. Thus, in a sense, the current proxy war in Kashmir is also influenced by global politics.
Impact of terrorism and the proxy war
In the beginning, only high ranking Indian officials like the Inspector General of Police and a Colonel in the army were targeted. However, militants eventually began to kill innocent Hindu Pandits and Sikhs. They began to perform religious genocide and
caused a mass exodus of Hindus and Sikhs from the region. Several hundred thousand of them live in refugee camps outside Delhi today7.
The proxy war and terrorism have largely ruined the state. Today Kashmir is compared to some of the worst global genocides in terms of the terror and atrocities faced by the people in the area. According to official statistics nearly 66,000 people have been killed in Kashmir since 199011. Terrorists have subjected innocent Kashmiris (Hindus, Sikhs and moderate Muslims) to intimidation, panic, rape, murder and assault with a view to removing such people from Kashmir. Targets were labeled not only as political but also as religious opponents. Some of these people were killed because they were identified as ‘informers’ and ‘agents of India’. These people were often moderates and the intelligentsia including doctors, teachers, lawyers and poets4. They were looted and their valuables were used to further finance the activities of the terrorists. The terrorists grossly violated the universally accepted charter of Human Rights and other international laws as they debased and dehumanizes moderate Kashmiris 4. Their goals included the dismemberment of the state from India for the establishment of a new political order based on religion. Anybody identified as opposed to this campaign was subject to severe torture and persecution. Such people, often Sikhs and Hindus, were dismembered, bled to death, strangulated by steel wires, burnt alive, hung, impaled, and even had their eye balls gouged out4. Such violence and brutality has caused the mass exodus of nearly 350,000 Kashmiri Pundits from the region7. Since 1988 this destruction has shown no sign of
As a result of terrorism, Kashmir has also become one of the most militarized regions in the world. There are nearly 180,000 to 350,000 troops stationed in Kashmir12. Roadblocks and checkpoints have isolated the region and make movement nearly impossible. Normal life has been grossly interrupted and people are forced to live in constant fear of both terrorists and Indian security forces. In fact, Indian security forces have been known to commit severe human rights violations in Kashmir. An Amnesty International report says that “Security forces continued to enjoy virtual impunity for human rights abuses as a result of provisions contained in special security laws, including POTA, as well as in the Protection of Human Rights Act.” 8 Indian security forces have been known to commit rape, perform extrajudicial executions and detain people without proper trial or treatment. Such gross violations of Human Rights further add to communal tension in the valley and worsen the situation.
In this manner, the proxy war waged by Pakistan has been largely successful in achieving its objectives. It has mostly erased secularism in the valley thus destroying all commitment to a united and multi-religious India. It has also damaged the impression of the government at the center as it has been unable to do much about the situation in Kashmir. In addition, it has destroyed any remnants identifying the state with India thus creating a sense of alienation for the people. The liquidation and exodus of the Hindu population has made the predominantly Sufi Muslims in the valley more susceptible to
religious fundamentalism. Most importantly, a Muslim rather than secular Kashmiri identity for the state has been created. The terrorists have thus effectively taken a major step towards making Kashmir a part of the fundamentalist part of the Islamic world rather than a secular state in the Indian union.
Potential steps towards a peaceful solution
It is quite evident that the Kashmir issue has evolved over time. I t has changed from a relatively simple territorial dispute to a far more complex cultural, religious and political issue having global implications. Any solution simply resolving the territorial dispute would be inadequate. Therefore, it is necessary that the problem also be dealt with on its religious, cultural and social fronts if there is to be any hope of peace in the valley.
The first step to a solution must involve the cessation of violence in Kashmir. In order to achieve this, there has to be action by all parties. On the Pakistani side there must be an end to all support for terrorism in Kashmir. To achieve this, international pressure is very important as it could put an end to the training camps and monetary assistance that terrorist organizations have ample access to in Pakistan. There must also be a change in the local mood in Pakistan and Kashmir that is seeking the establishment of Islamic rule in Kashmir and the destruction of India rather than the betterment of the people of Kashmir. This would restrict the popularity of these groups in Pakistan and would be
instrumental in putting an end to violence in Kashmir. This can only be brought about by promoting education and secularism in Kashmir and in Pakistan. These concepts are sadly quite contrary to the reality that governs Pakistan today.
Similarly, there must also be a change in Indian foreign policy. India must attempt to resolve border disputes, and develop a friendly relationship with China before it can set about resolving the Kashmir issue. As long as Pakistan and China remain allies and have India as their common adversary, the strategic importance of Kashmir will not allow any solution to the issue.
Simultaneously, the Indian government must also display greater involvement in the state. It must consider the needs and wants of the Kashmiri people to make the people feel recognized and a part of India. This would go a long way towards ending the sense of alienation and neglect that looms over most people in the valley. This can be achieved by sending greater humanitarian assistance to people in the valley, ending corruption, injustice and inefficiency in the local administration. Investment in Kashmiri infrastructure, in general, would improve the life of the people and would lead to less resentment against India. The government must also bring the wanton abuse of Human rights by Indian security forces into check. Such violations not only add to the communal tension but also create distrust against the security forces trying to protect the people. Furthermore, the Indian government has vehemently opposed and prevented any
plebiscite or even unofficial polls regarding the desire of the people to accede to Pakistan. This creates an impression of illegal occupation of the region by Indian forces. India must change this policy and keep an open mind towards a plebiscite in Kashmir.
India must also try to end the small but resilient pockets of discrimination against Muslims in the rest of India. Recently, there were riots against Muslims in the western state of Gujarat. These riots, which lead to the death of thousands of Muslims, inflamed communal tensions in the rest of the country, especially in Kashmir. This adds to the hatred between the communities and also leads to an increase in terrorism related violence in the valley. As a result, India must also take steps to promote secularism in the country, especially in Kashmir.
Steps must be taken to resume normalcy in Kashmir. This would be greatly facilitated by withdrawing security forces from the state if violence in the region decreases. Furthermore, the Hindu population displaced from Kashmir should be resettled into their original homes. This is very important as this would breed religious tolerance and also greatly contribute to the economy of Kashmir.
Furthermore, the territorial dispute should also be resolved. This is important as it would lend a sense of identity to the people of Kashmir. These people sorely lack a sense of identity which adds to feeling of resentment and hatred against India. There are many proposed approaches to achieve each of the above steps. However, every option must be reviewed carefully and an amicable solution between both countries must be found.
Recently, there has been remarkable progress towards peace in Kashmir. The U.S. led ‘war on terror’ has been a blessing in disguise. It has provided Pakistan with an opportunity to sever all links with terrorist organizations. Additionally, the global pressure on terrorism has started limiting the access to financial and logistical support for terrorists. In an unprecedented move, the Pakistani president, General Pervez Musharraf has proposed a possible solution to the territorial dispute. His proposal for the demilitarization of Kashmir and the division of territory between the two countries, though not perfect, is being hailed worldwide as the first step towards a peaceful resolution to the half century old dispute between India and Pakistan. His proposal includes the identification of areas around the LoC that are either to be jointly controlled or given independent status or be put under U.N. mandate10.
Furthermore, the Indian and Pakistani premiers met for the first time in two and a half years. They have promised further talks. There is also going to be expansion of, track II diplomacy, confidence building measures and transportation and communication links between the two countries. In reciprocation, India has withdrawn some of its troops from the valley12. All these steps promise a great deal of potential for a resolution to the issue. However, no concrete steps directly dealing with the problem have been undertaken, and until such steps become visible progress will be impossible.
As one can see, Kashmir is a highly complex and intricate dispute between two
nuclear powers. It is a delicate issue that must be tackled on a variety of fronts. Despite all the death and destruction witnessed by the Kashmir Valley, hope for a peaceful resolution to the dispute still exist
Appendix I: List of Works Cited/Bibliography
Pakistan Alert Network: Kashmir Demographic Data Kashmir http://www.pakalert.net/articles/demodate_kashmir.asp
Reserve Bank of India, Yearly bulletin, 2003
Pakistan and the United Nations on Kashmir, Abdul Hamid Khan, SAAG March 2003
Kashmir: Distortions and Reality, Dinanath Raina
Twist with Destiny, The Pioneer, Nov. 9th 2003
United States obsession with the Kashmir issue: An analysis, Dr. Subhash Kapila, SAAG Jan 2002
A white paper on Kashmir, Dr. M.K. Teng and C.K. Gadoo
Amnesty International Report 2003: India
Jammu and Kashmir assessment:2003, South Asia Terrorism Portal
10) Govt. gives guarded response to Musharraf’s peace proposal on Kashmir, Oct
26 2004, PTI news service
11) Kashmir’s 14 year death toll rises to 66,000, 4th Nov. 2004, Associated Press
12) India pulls back Kashmir troops, BBC News, 17th Nov. 2004
13) Institute of Peace and Conflict studies Terrorism Project, Article 566
14) JKLF, Kashmir Herald, Volume 1-No. 10, March 2002
15) Government of India and government of Pakistan websites
Appendix II: Map of the region (University of Texas Library)
Appendix III: Copy of instrument of Accession of Kashmir to India
Whereas the Indian Independence Act, 1947, provides that as from the fifteenth day of August, 1947, there shall be set up an independent Dominion known as INDIA, and that the Government of India Act, 1935, shall, with such omission, additions, adaptations and modifications as the Governor-General may by order specify, be applicable to the Dominion of India,
And whereas the Government of India Act, 1935, as so adapted, by the Governor General provides that an Indian State may accede to the Dominion of India by an Instrument of Accession executed by the Ruler thereof :
Now, therefore, I Shriman Inder Mahander Rajrajeshwar Maharajadhiraj Shri Hari Singhji Jammu and Kashmir Naresh Tatha Tibbet adi Deshadhipathi, Ruler of Jammu and Kashmir State, in the exercise of my Sovereignty in and over my said State do hereby execute this my Instrument of Accession; and
1. I hereby declare that I accede to the Dominion of India with the intent that the Governor-General of India, the Dominion Legislature, the Federal Court and any other Dominion authority established for the purposes of the Dominion shall, by virtue of this my Instrument of Accession but subject always to the terms thereof, and for the purposes only of the Dominion, exercise in relation to the State of Jammu and Kashmir (hereinafter refrred to as "this State") such functions as may be vested in them by or under the Government of India Act, 1935, as in force in the Dominion of India, on the 15th Day of August 1947, (which Act as so in force is hereafter referred to as "the Act").
2. I hereby assume the obligation of ensuring that due effect is given to provisions of the Act within this State so far as they are applicable therein by virtue of this my Instrument of Accession.
3. I accept the matters specified in the scheduled hereto as the matters with respect to which the Dominion Legislature may make laws for this State.
4. I hereby declare that I accede to the Dominion of India on the assurance that if an agreement is made between the Governor-General and the Ruler of this State whereby any functions in relation to the administration in this State of any law of the Dominion Legislature shall be exercised by the Ruler of this State, then any such agreement shall be deemed to form part of this Instrument and shall be construed and have effect accordingly.
5. The terms of this my Instrument of Accession shall not be varied by any amendment of the Act or the Indian Independence Act, 1947, unless such amendment is accepted by me by Instrument supplementary to this Instrument.
6. Nothing in this Instrument shall empower the Dominion Legislature to make any law for this State authorising the compulsory acquisition of land for any purpose, but I hereby undertake that should the Dominion for the purpose of a Dominion law which applies in this State deem it necessary to acquire any land, I will at their request acquire the land at their expense, or, if the land belongs to me transfer it to them on such terms as may be agreed or, in default of agreement, determined by an arbitrator to be appointed by the Chief justice of India.
7. Nothing in this Instrument shall be deemed to commit in any way to acceptance of any future 22
constitution of India or to fetter my discretion to enter into arrangement with the Government of India under any such future constitution.
8. Nothing in this Instrument affects the continuance of my Sovereignty in and over this State, or, save as provided by or under this Instrument, the exercise of any powers, authority and rights now enjoyed by me as Ruler of this State or the validity of any law at present in force in this State.
9. I hereby declare that I execute this Instrument on behalf of this State and that any reference in this Instrument to me or to the Ruler of the State is to be construed as including a reference to my heirs and successors.
Given under my hand this 26th day of October, nineteen hundred and forty-seven.
Maharajadhiraj of Jammu and Kashmir State.
Acceptance of Accession by the Governor-General of India
I do hereby accept this Instrument of Accession.
Dated this twenty-seventh day of October, nineteen hundred and forty-seven.
Mountbatten of Burma,
Governor-General of India.