Legality of J&K’s Accession to India and Omar Abdullah’s separatist campaign

08 Jul 2016 14:21:05

Legality of J&K’s Accession to India and Omar Abdullah’s separatist campaign

Mahesh Kaul

In 1947 when J&K acceded to India Maharaja Hari Singh signed the same standard form of the Instrument of Accession which was signed by the other princely states to accede to the Indian union.

“The accession of the state to India was not subject to any exceptions or pre-condition to provide for any separate and special constitutional arrangements for the state. Neither Jawahar Lal Nehru, nor Vallabhai Patel gave any assurances to Hari Singh or the National Conference leaders that J&K would be accorded a separate and independent political organization on the basis of the Muslim Majority character of its population.”

The partition plan that created the dominions of India and Pakistan in 1947 did not apply to the princely states. At the time of partition, the partition plan was applied to the British India out of which the two states of India and Pakistan were created.When the British left India there were two entities that is the British India and the princely states, with the British exit paramountcy expired and the princely states were left with two options that is either accession to India or Pakistan and there was no third option for the so called independence.

Moreover,as per that process of transfer of power and the partition plan, “the right to sovereignty lied with the ruler who had the legal and constitutional right to sign the instrument of accession. The partition of India left the states out its scope and the transfer of power accepted the lapse of the Paramountcy: the imperial authority the British exercised over the States. The accession of the states to India was the culmination of a historical process which symbolized the unity of the people in the British India and the Indian States”. Thus, the accession of J&K to India is complete. The above stated fact and reality has been made abundantly clear by the eminent political scientist Prof. M.K. Teng in his well researched book -Kashmir: the Myth of Autonomy.

The statement given by the chief Minister Omar Abdullah on the floor of state legislative assembly was open treason and sedition. This statement should not be seen in isolation as there seems to be international conspiracy to dismantle the northern frontiers of the Indian nation in J&K. The fuel to this fire is being provided by the Indian political class who have created a perverse discourse to establish J&K as a separate sphere of Muslim power with a view that J&K can be kept in the Indian union only when concessions are given to the Muslim separatism in J&K.

The same situation is being created as had emerged during the 1940’s when the partition politics of Muslim league was given credence and acceptance by the Indian political leadership and then ultimately, it was accepted by the British which lead to the partition of India.

If the national discourse is not set in the right direction then the day is not far when the second partition of the nation will be round the corner. Various forces are acting at the international level in tandem with the separatists of Kashmir and certain bigwigs of the Indian political establishment to exclude J&K from the Indian union. It is a known fact and a historical reality that those who control the Himalayas will hold sway over the Asia. Himalaya is the natural frontier of India. So to weaken or dismember India, the key lies in the control of the Himalayas. USA, China and Pakistan understand this well and that is why comprehensive thrust is being laid to exclude India from the Himalayas by unhinging J&K from the Indian. Re -emergence of General Parvez Musharaaf, Indian Visit of US president Barrack Hussain Obama in November is part of the US exit strategy from AfPak region in 2011, wherein he has a hidden agenda to dislodge India from J&K so that withdrawal of American troops from Afghanistan & Pakistan is made possible by diluting Indian sovereignty over J&K and giving concrete concessions to Pakistan in Kashmir. This is a clear strategy to establish Muslim sphere of influence in J&K.

So Omar Abdullah’s statement should not be seen in isolation. He is hob nobbing with the foreign powers to declare J&K as Muslim sphere of power as was done by his grandfather Sheikh Abdullah when he was in touch with Adlai Stevenson for creating independent Kashmir.

Omar Abdullah needs to be tried for treason and solution to all the miseries of the minorities lies in the political reorganization of the J&K state.

That is the creation of homeland for the Kashmiri Pandits in Kashmir,Jammu state,Union territory for Ladakh and the all time settlement of POK refugees and the west Pakistan refugees.

(writer is a PhD scholar at the School for Hospitalty and Tourism Management {SHTM}, University of Jammu, President, Sangarsh and Chairman, Heritage Initiative Foundation. )


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