Developments Since Accession
Sheikh Abdullah was appointed Prime minister with a council of minister. He came to acquire practically all the executive power of the government.
Sheikh Abdullah adopted a very aggressive attitude towards the Maharaja. In frustration, he threatened to withdraw the accession. The Maharaja was eventually humbled and made to leave the state. He issued a proclamation vesting all his power in Yuvraj Karan Singh.
In May 1951, the Yuvaraj issued a proclamation instituting the Constitution Association, and elections were held. In due course differences arose between him and the Central leaders, particularly in regard to the issues of fundamental rights, citizenship, jurisdiction of the Supreme court, Election commission, Comptroller and Auditor General, emergency provisions etc. In 1952, a broad agreement called the Delhi agreement was reached. The State Constituent Assembly also approved it.
The provisions of the Delhi Agreement included abolition of hereditary rulership; vesting of the residuary powers in the State; continuance of special citizenship rights for the 'State subjects'; flying of a separate flag for the State with the national flag also finding a supremely distinct place; and, subject to certain restrictions and limitations, extension of provisions of the Indian Constitution in respect of fundamental rights, emergency powers of the President and jurisdiction of the Supreme court.
Independence led to transfer of power from the Jammu based ruler to Kashmir based leadership. The transfer of land to the tiller without compensation had affected the feudal leadership of Jammu. Loose talk by some Kashmiri leaders about them had hurt their sentiments.
All the important office bearers of the ruling party belonged to the Valley. The Hindu majority of Jammu was further uncertain of its fate in the event of Muslim majority of the state voting against India in a plebiscite to which India was committed.
Some efforts were made for some political & constitutional arrangements for an equitable sharing of political power by the three regions (Kashmir, Jammu & Ladakh) of the the state.
There was a substantial section of the Indian opinion which thought that Sheikh Abdullah was being unduly appeased and national interests were being sacrificed. Sheikh Abdullah had secured the most unreasonable of his demands without conceding anything substantial.
An agitation was launched in Jammu by Praja Parishad. The main plank of the agitation was 'Ek desh mein do vidhan; ek desh mein do nishan; ek desh mein do pradhan nahin chalenge' - "in one country, two constitutions; in one country, two flags; in one country, two prime ministers", would not be tolerated.
Shyama Prasad Mukherjee, President of Bharatia Jana Sangh, himself proceeded to Jammu. But he was arrested on 11th May,1953. He died in custody on June 23. There was a wave of national anger against Sheikh Abdullah. Nehru's own standing in public suffered. Even for the Delhi Agreemnet, the stance of Sheikh Abdullah turned out to be insincere. After securing implementation of what suited him, Sheikh Abdullah reffered the remaining clauses of the agreement to the sub-committees of the State Constituent Assembly, causing intentional delay. Even Nehru was dismayed by his crafty approach. He felt he had been caught on the wrong foot. The attitude of Sheikh Abdullah caused grave concern to the state leaders. It also caused a sharp rift in the State Cabinet. He was dismissed and arrested at Gulmarg.
This in turn, further alienated the people of Kashmir. Nehru's dream of making Kashmir
a willing part of India and a source of strength to its secular basis was thus shattered. India's
moral image abroad nose dived.
Gulam Bakshi Mohammad was sworn in as Prime Minister of the state. He understood the union and the
state; closer constitutional links had to be forged between the two. He put an end to the obstructive attitude of the state government in regard to the implementation of the Delhi agreement.
An important feature of this phase of alienation of Kashmir was that it retained its ideological
umbilical link with the rest of the country. The Plebiscite Front led by Sheikh Abdullah continued to swear by secularism and broad
Gandhian values. Indian liberals including socialists and Gandhians like Jay Prakash Narain, Rajai and Vinobha Bhave were still sympathetic to the basic aspiration of the people of Kashmir. Even Nehru was keen to retrieve the situation.
Due to the joint efforts of many like Balraj Puri, a dialogue was arranged between Nehru and Sheikh Abdullah.
Sheikh Abdullah declared that he had led the state's accession to India and was bound by whatever he said and did till 8th August 1953. But he was not responsible for what happened afterwards. In what was his last press conference in Bombay, Nehru welcomed the statement and said that 'before his (Sheikh Abdullah's) arrest, accession of Kashmir to India has been more or less completed.
Nehru was also keen to explore the possibility of a settlement with Pakistan, and it was at his
suggestion that Sheikh Abdullah went there. But, alas, Nehru did on died 27th May, 1964 before
Sheikh Abdullah's return from the mission.
All hopes raised by the bold initiative of Nehru and the warm response of Sheikh
Abdullah were dashed to the ground as the successor government in New Delhi considered constitutional integration of the state more important than its emotional integration with the rest of India. By December 1964, a series of constitutional
amendments were ruled through in the teeth of popular opposition. With the concurrence of a pliable State Assembly, Article
355 and 356 of the Constitution were made applicable to the State by virtue of which the
Center could assume the government of the State and exercise its legislative powers.
The nomenclature of the heads of the State and the government was changed to conform to the uniform pattern in the country. The head of the State was now to be nominated by the centre instead of being elected by the state legislature. The ruling National Conference was converted into a Pradesh Congress Committee.
The people of the Valley reacted with unprecedented anger against what they perceived to be an assault on their identity and autonomy. Protest rallies were held in the
Valley as well as in the Pakistan-held part of the State. In response to a call for a social boycott of Muslim Congressmen by Abdullah, people declined to attend their marriages, religious functions and funerals. The resentment of the people, unlike in 1953, was neither always non-violent and non-communal nor disciplined.
In February 1965, Sheikh Abdullah went abroad with his wife ostensibly for the purpose of Haj, but during this visit he indulged in political
propaganda which was highly embarrassing to India. On March 28,1965, he met even Chou En-lai, Prime Minister of China. His passport was therefore, cancelled. On return he was arrested at Delhi airport on May 9,1965.
1965 WAR
In the mean time, Pakistan had formulated yet another plan to seize Kashmir through internal sabotage, and a swift and surprise attack in August 1965. As soon as the snow melted hundreds of
infiltrators disguised as local Kashmiris entered the Valley (August 5,1965). The Indian authorities came to know about it only when the
infiltrators had reached the outskirts of Srinagar. At about the same time, Pakistan started its skirmishes on the border. On September 1,1965, The Pakistan army launched a massive attack. The objective was to take over Kashmir through a
blitzkrieg. The military aid given by USA had made the army rulers of Pakistan overconfident. Ayub Khan even boasted he could launch an attack in the morning and have his breakfast next morning in New Delhi. But the overconfident
generals soon realized their limitations. The local population did not rise in revolt as was expected by the Pakistani authorities. India, on the other hand mounted a counter-offensive on the Lahore border on September 5th,1965. The Security Council
succeeded in making both the parties agree to a ceasefire on September 22,1965.
The USSR assumed the role of an honest broker. It had special interest in bringing about peace between India and Pakistan, as it was apprehensive of China's increasing influence in the region. The efforts of USSR
succeeded. On January 10, 1966, the Tashkent declaration was signed in the presence of Kosygin and Bulganin, by the Indian Prime Minister Lal Bahadur Shastri on behalf of India, and the president of Pakistan Ayub Khan on behalf of Pakistan. Both the parties agreed to withdraw their troops to the position held by them on August 5,1965. After the Tashkent declaration the interest of the International community in the Kashmir Problem abated. Pakistan also learnt to its cost that any future intervention in Kashmir will not remain restricted to the area around Kashmir but would amount to a full scale war between India and Pakistan.
After the Tashkent declaration the political atmosphere in the Valley cooled
down.
At the end of 1971, the liberation movement in Bangladesh gained momentum. At the request of Sheikh Mujibur Rehman, India moved into Bangladesh. In December 1971 a regular war started. On December 3, Pakistan attacked Jammu and Kashmir. Fierce land and air battles followed for a fortnight. On December 16, Pakistani forces surrendered in Bangladesh. India declared unilateral ceasefire. Pakistan also accepted ceasefire on Dcember 17. The war ended with spectacular victory for India and the coming into being of the independent state of Bangladesh.
After the conflict, the Prime Minister of India, Mrs. Indira Gandhi and the President of Pakistan, Zulfikar Ali Bhutto, held bilateral discussions, as a result of which the Shimla Agreement was formulated and signed by the two countries on 3rd July 1972.
The agreement contained the following:
"That the two countries are to resolve their differences by peaceful means through bilateral negotiations or by any other peaceful means mutually agreed upon between them.
In order to initiate the process of establishment of durable peace, both Governments agree that:
Indian and Pakistani forces shall be withdrawn to their side of the International border.
In Jammu and Kashmir, the line of control resulting from the Cease-Fire of December 17,1971, shall be respected by both the sides without prejudice to the recognised position of either side."
From July 1972 the Shimla agreement became the corner stone of Indo_Pak relations.
While signing the Shimla agreement, Zulfikar Ali Bhutto had given certain verbal assurances to Mrs. Gandhi, especially on Kashmir. He requested that his verbal assurances should be taken at the moment otherwise it would cause problems for him back home. It is a different matter that he did not fulfill his verbal promises later on. Before he died, P.N.Haskar acknowledged his mistake in advising Indira Gandhi to accept Bhutto's private assurances, especially on Kashmir and not insist on incorporating these in writing.
Now the attitude of Sheikh Abdullah and other leaders like him underwent a change. They started making conciliatory speeches .Their ardour for Pakistan or Independent Kashmir diminished. Mrs. Indira Gandhi, also thought it expedient to arrive at some settlement with Sheikh Abdullah. Negotiations started between them in 1972. After three years of protracted talks between chief Parthasarthy and Mr. Mirza Afzal Beg, an agreement, known as the Kashmir Accord was signed on February 24, 1975.
The new accord , accepted the state of Jammu & Kashmir as the part of Union of India which was to continued be governed by the Article 370 of the Constitution of India and have residuary powers of legislation. The Government of India agreed to "sympathetically consider amendment or repeal of some category of central laws extended to the state after 1953 as the state legislature decides."
The Congress Legislative Party elected Sheikh Abdullah as its leader and he was sworn in as Chief Minister on February 25, 1975.
The understanding between Congress and Sheikh Abdullah did not last long. It turned out to be a love-hate relationship. On one hand he praised Jawahar Lal and Indira Gandhi and on the other, turned down the suggestion that he should join the Congress Party. Instead, he revived the National Conference and became its President on 13th April 1975, thereby creating a piquant situation in which he held office of the Chief Minister on the sole legislative support of one party (Congress party) and at the same time functioned as a President of another political party (National Conference). On 5th July 1975, he dissolved the Plebiscite Front and merged it with National Conference. He maintained a firm grip over the Kashmiri mind, notwithstanding the many lapses of his government. The fact that he defied the centre on some issues helped to satisfy the Kashmiri ego.
It was by now universally recognised that the elections in the state were usually manipulated, though the degree and technique of manipulation varied from election to election. India's case on Kashmir increasingly depended on the Security Council and other International Forums, particularly after 1957, on the endorsement of the Instrument of Accession by the election results. It was therefore considered less than patriotic to challenge, the fairness of the elections or to insist on their fairness. National interest was more important than democracy. Badges of patriotism were issued to only those who did not cry for fair elections. Another factors that affected the smooth functioning of democracy and politics of the State was the widely held belief in the country that the all secular and the so called Pro-India forces should unite under a banner of a single party. At any rate, there was no question of any opposition party in the valley. This was the view not only of the ruling party alone but also of the non-government intelligentsia.
Little has been done to make the State in general and Kashmir in particular, an integral part of Indian democracy. Though much effort has been made on its constitutional integration with the rest of India.
1977 was the unusual year in the politics of the state. In June that year, the fairest ever elections took place in the state. The year 1977 marked a major breakthrough in the emotional integration of the State with the rest of India. A proud Kashmiri could be now also be a proud Indian. Its impact continued for almost a decade when communal and secessionist forces remained quiet.
In Kashmir, the problem appeared resolved and, for the first time, it was no longer on the international agenda of disputes.
Sheikh Abdullah always kept the emotional fervour of Kashmiri masses at a high pitch and in his favour. In a subtle and a crafty way he prepared the ground for Dr. Farooq Abdullah's succession to Chief Ministership. After a stormy and eventful life, Sheikh Abdullah passed away on September 8th 1982. Dr. Farooq Abdullah, as expected succeeded him as Chief Minister.
Relations between Mrs. Indira Gandhi and Dr. Farooq Abdullah soured soon. The relations between the centre and the state government became tense.
Problem Re-Invented
It required extraordinary genius to recreate the Kashmiri problem.
Those who decided to dismiss the Dr. Farooq Abdullah government on 2nd July
1984, succeeded in sowing a fresh seeds of discord. The operation was
planned and engineered in New Delhi. G.M Shah, Farroq's brother-in-law could not
have staked his claim to chief ministership without the encouragement of the
centre. Twelve members of the assembly would not have dared to defect from the National Conference, unless they were assured of ministries by a power superior
to the Chief Minister.
The Shah government imposed on Kashmir the longest ever spells of curfew. In its first 90 days, Kashmir was under curfew for 72 days. It revived and sought support from Muslim fundamentalists in Kashmir and Hindu fundamentalist in Jammu. Communal incidents took place and temples and houses of many Kashmiri Pandits were damaged in February 1986.
The GM Shah ministry was dismissed on March 7,1986. Governor's rule was imposed under section 92 of the Jammu and Kashmir constitution. It continued for six months after which the state was brought under President's rule under Section 356 of the Constitution of India .
A Rajiv-Farooq accord followed, and the coalition ministry of National Conference and Congress (I) came into being on 7th November 1986 with Dr. Farooq Abdullah as Chief Minister. The accord was defended by the two parties mainly on the ground that it would ensure larger inflow of central funds to the State. This implied that central aid was given on narrow political considerations and that the Centre had the right to buy a share in the political power of the State by promising aid. As usual, the press and the political commentators of the country supported the accord with a generalised statement that the Centre should share power in all border states.
Towards Militancy and Insurgency
By 1988, the prestige of Farooq Abdullah and his government had suffered serious setbacks. On June 10, 1988, spontaneous demonstrations were held to protest against the sudden and steep rise in power tariffs. Police firing followed, in which three people died. The first incident of a terrorist kind occurred in July 1988. Two powerful bomb blasts were engineered to target the Central Telegraph Office and the TV station. In the following month, August 14, Pakistan's Independence day was celebrated and a bandh organised on August 15, India's Independence day. On August 17, a condolence demonstration was held on the death of Pakistani President Zia-ul Haq.
In 1989, anti India sentiments reached a new high. A bandh was organised on Republic Day. Demonstrations were held on February 5, the death anniversary of JKLF founder Maqbool Bhatt, on February 13, against Salman Rushdie's book Satanic Verses, on April 5, on the death of the father of Shabbir Shah ( President of People's League ) in police custody.
Militancy in Kashmir, thereafter, passed through various phases. It acquired a new terrorist character when the first political murder took place in Srinagar on 21st August,1989. The block president of National Conference Mr. Yusuf Halwai was gunned down by a terrorist. The first Kashmiri Pandit to be murdered was BJP leader Jia Lal Taploo, on 14th September, 1989.
The militants gained further ground when the government reacted to their kidnapping of Dr. Rubaiya Sayeed, daughter of Home Minister, Mufti Mohammad Sayeed. Although there were indications that the militants were inclined to release her due to fierce protests locally, nationally and internationally, the National Front Government acted in sheer panic. It signed an agreement with the militants and agreed to release five imprisoned militant leaders in exchange for release of Rubaiya Sayeed. It legitimized and popularized kidnapping as a political weapon.
The Kashmir problem thereafter acquired a new complexion - India vs. Kashmir, with corresponding psychological changes on either side. Militancy was no longer a fight between the militants and the security forces. It gradually assumed the form of a total insurgency of the entire population.1990 was the first year when the head of the state failed to hoist the National Flag on Republic Day.
The mounting toll in firings by the security forces was justified by the increasing anti-India frenzy and vice versa. People moved on to the streets of Kashmir demanding Azadi. The administration imposed curfew which many a time lasted for days. The only forum for expression of popular anger was the mosque.
As Pakistan ( ISI) patronage shifted to militant groups of non-Kashmiri origin like Afghans, Sudanese etc., their targets became explicitly more communal and political. As terrorism gained ground, international opinion turned against the militants.
Many summit level meetings have taken place between the leaders of India and Pakistan, but the most recent and most important one is the Lahore meet in February 1999 between former Prime Minister Nawaz Sharif of Pakistan and Prime minister Atal Behari Vajpayee of India. The declaration signed by them is known as the Lahore Declaration. In the declaration both the governments among other things agreed to:
intensify efforts to resolve all issues including the issue of Jammu and Kashmir
refrain from intervention and interference into each others internal affairs
take immediate steps to reduce risk of unauthorised or accidental use of nuclear weapons and undertake confidence building measures in the nuclear field
Condemn terrorism in all its forms and to combat this menace.
On one hand Prime Minister Nawaz Sharif was signing the declaration and on the other hand Pakistani regulars alongwith militants were occupying Indian mountain ranges. The gains of the Lahore Meet were decimated by Pakistan by undertaking the misadventure of Kargil.
Terrorism in Kashmir or for that matter anywhere else cannot be ascribed to administrative and economic reasons alone. It is deprivation of political power that is at the root of this problem, due to which the community believes that its dignity and identity are threatened.
The Muslim aspect of the Kashmir problem also has to be properly understood. If the Kashmiris were not overwhelmingly Muslim their loyalty would not have become suspect so soon. Obviously Pakistan's continued involvement in the problem in that case would not have been so intense, emotionally and politically. But the problem is too complex to be treated as merely an extension of unresolved Hindu-Muslim conflict of Politics.( Let us not forget that it was the Kashmiri Muslim who supported accession to India.)
No Kashmiri policy can succeed without taking into account the political and psychological urges of the Kashmiri people. Kashmiriat and Azadi are a twin-edged sword which an enlightened and shrewd Indian leadership used against Pakistan in 1947. It is Pakistan which is using this sword against India now.