Implantation of a Myth : A case of Hogwash in JK

22 Jan 2018 11:49:06

During British regime, geographically Bharat can be divided into two parts i.e British India, which is ruled directly by crown and Indian states who were ruled indirectly by Crown. Now, the schemes of things were different for both areas at the time of independence. We generally say, Bharat was partitioned on communal basis in 1947. It is a wrong statement; it was British Bharat which was partitioned in 1947 not Indian States. Punjab, Bengal and Assam were three areas of British Bharat which were portioned and Dominion of Pakistan came into existence. The details of the partition have been illustrated in Indian Independence Act, 1947.


On the other hand Indian States were free to link them with any of the dominion. It was solely prerogative of ruler to make choice in linking with any of the dominion. Legally, religion had no role to play in relation to States. It was not unusual or a Hindu State to join the Pakistan which was going to be Islamic State and a muslim State could join Bharat, which was going to be Hindu majority country but not a legally declared Hindu State. An example of Kapurthala is there to understand it. The riyasat of Kapurthala was muslim dominated riyasat but acceded to India.


“ Aggression” was the major issue in UNSC, not “ Accession”


Bharat never took the matter of Accession in UN. It was “ Aggression” not the “Accession” was the contention. In its complaint, the Government of India mentioned “The Government of Bharat request the Security Council to call upon Pakistan to put an end immediately to the giving of such assistance , which is an act of aggression against Bharat.


The question of accession of J&K was never taken by Bharat to UN nor did Bharat accept the Intervention of UN Security Council (UNSC) into that. When the question of accession was raised by the UNSC, Bharat had objected that UNSC is not a competent authority to deal with issue of accession; had accession been an issue of contention, then Bharat must have approached the International Court of Justice. Bharat always took the stand that it approached the UN on the question of aggression from Pakistan, that as per UN Charter, it brought in notice of UN not a 'dispute about territory' but a 'situation'- a situation whose continuance is likely to endanger the maintenance of  international peace and security. Aggression by Pakistan against Bharat was the only basis of all the Resolutions made by UN.

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