Jammu - Kashmir Facts Problems and Solution

National Workshop

on

Jammu-Kashmir
Facts, Problems and Solution

19-20 November 2011
Smriti Mandir, Nagpur

Jammu-Kashmir Study Centre

Introduction: Jammu and Kashmir

A lot of misconceptions created region of widely varying people and
deliberately by vested interests have geography. In the south, Jammu is a
become firm beliefs. That is the greatest transition zone from the Indian plains
tragedy Kashmir is facing and is the root to the Himalaya. Nature has lavishly
cause of the most issues related to the endowed Kashmir with certain
trouble torn state. distinctive favours which hardly find a
First casualty is the myth that parallel in any alpine land of the world.
Kashmir means Jammu & Kashmir. In It is the land of snow clad mountains
fact, Kashmir is just 7.13% area of the that share a common boundary with
state of Jammu & Kashmir as it existed Afghanistan, China and Pakistan;
and acceded to The Dominion of India Jammu and Kashmir is the
on 26th October 1947. It is only 15.63% of northernmost state of the Indian Union.
the area that continues to be within Known for its extravagant natural
Indian administration. So we need to be beauty this land formed a major
very careful when we talk of Kashmir caravan route in the ancient times.
issue. Trade relations through these
Second impression that has been routes between China and Central Asia
accepted as a fact is that J&K is a Muslim made it a land in-habited by various
state. No, it is not. It certainly is the religious and cultural groups. It was
Muslim majority state but Muslims are during the reign of Kashyapa that the
in Majority in only one province. Both various groups led a settled life.
Laddakh and Jammu divisions are Buddhism influenced Kashmir during
Buddhist and Hindu majority areas the rule of Ashoka and the present town
respectively. Third is the misconception of Srinagar was founded by him. This
about the Muslim population of place was earlier called 'Srinagari' or
Kashmir valley. We are being asked to Purandhisthan. The Brahmins who
believe that the majority community is a inhabited these areas admired and
homogenous entity. It's also not true. adorned Buddhism too. From the
Kashmiri Muslim community is as regions of Kashmir Buddhism spread
heterogeneous and divided or united as of Ladakh, Tibet, Central Asia and
any other community in rest of the China. The state consists of following
country with sharp divisions leading to main regions.
bloody conflicts at times.
The state of Jammu & Kashmir is a
01 Jammu-Kashmir : Facts, Problems and Solution

Many historians and locals believe
Jammu that Jammu was founded by Raja Jambu
Lochan in the 14th century BC. Jambu
Jammu is one of the administrative Lochan was the brother of Raja Bahu
divisions within Jammu and Kashmir Lochan who constructed a fort on the
state in India. Jammu city is the largest bank of river Tawi. Bahu Fort is a
city in Jammu and the winter capital of historical place in Jammu.
Jammu and Kashmir. Jammu City is also The city name figures in the ancient
known as "City of Temples" as it has book Mahabharata. Excavation near
many temples and shrines, with Akhnoor, 20 miles (32 km) from Jammu
glittering shikhars soaring into the sky, city, provides evidence that Jammu was
creating the ambiance of a holy and once part of the Harappan civilization.
peaceful Hindu city.
Remains from the Maurya,
Home to some of the most popular Kushan, Kushanshahs and Gupta
Hindu shrines, Jammu is a pilgrimage periods have also been found in Jammu.
tourism destination in India. The town of Jammu is also mentioned in accounts of
Katra, which is close to Jammu, contains the campaigns of Timur.
the Vaishno Devi shrine. Nestling on top
Jammu came under the control of
of the Trikuta Hills at a height of 1700 m is
Maharaja Ranjit Singh in the 19 century
the sacred cave of Vaishno Devi shrines
and became a part of the Sikh Empire.
dedicated to the three forms of the
Maharaja Ranjit Singh appointed Raja
mother goddess- Mahalakshmi,
Gulab Singh the ruler of Jammu in 1820.
Mahakali and Mahasarasvati. Pilgrims
After the death of Maharaja Ranjit Singh,
start trekking to the cave temple, which is
Punjab, The Sikh Empire was defeated
13 km from Katra. The majority of
by the British.
Jammu's about 6 million population
Not having the resources to occupy
practices Hinduism, while Islam and
the hills immediately after annexing
Sikhism enjoy a strong cultural heritage
parts of Punjab, the British recognized
in the region. Due to relatively better
Maharaja Gulab Singh, the strongest
infrastructure, Jammu has emerged as
ruler north of the Sutlej River, as ruler of
the main economic centre of the state.
Jammu and Kashmir. After the Treaty of
The Shivalik Range comprises most
Amritsar, the Maharaja became the
of the region of Jammu. The Pir Panjal
vassal of the Sikh Empire and was partly
Range, the Trikuta Hills and the low-
responsible for its treaty obligations.
lying Tawi River basin add to beauty and
Maharaja Gulab Singh is thus credited as
diversity to the terrain of Jammu. The Pir
the founder of Jammu and Kashmir.
Panjal range separates Jammu from the
Thus the two areas of Kashmir and
Kashmir valley.
Jammu were integrated into a single

Jammu-Kashmir : Facts, Problems and Solution 02

political unit. The reign of Ranavir Singh
(ascended in 1857) witnessed a great
Kashmir
amount of enthuiasm for Sanskrit.
Sivasankara compiled the Dharmasastra
Digest, Vasudeva wrotethe Amongst the oldest chronicles in the
Chittapradipa amongst others. The king world is the Rajatarangini. It is the
appears as the sponsor of no less than history of Kashmir, written in verse; by
thirty two branches of Sanskrit literature. Kalhana in 1149-50 a.d. this book is
Jammu is the only region in the state considered a masterpiece and followed a
of Jammu and Kashmir that has a Hindu method of historical research. He was
majority population – approx. 65% of followed by Jonaraja who died in 1459
Jammu's population practice Hinduism, a.d, imitated Kalhans style and brought
30% practice Islam and most of the the history narrative up to the reign of
remainder are Sikhs. Most of Jammu's Zain-ul-Abidin. Srivara, Prajya Bhatta
Hindus are Dogras, Kashmiri Pandits, and Suka carried on the history till
migrants from Kotli and Mirpur and Kashmir's conquest by Akbar.
Punjabi Hindus, West Pakistan Refugees
and internally displaced of POK Upto 600 BC
Many Sikhs are migrants from According to the Rajatarangini, the
Pakistan Controlled Kashmir (from areas oldest ruler was Gonanda I, who
like Muzaffarabad and Punch sector appears to have ruled in the days just
areas occupied by Pakistan during 1947). before the Mahabharata. It is emperor
People of Jammu speak mostly Dogri, Ashok who is said to have founded the
Poonchi, Gojri, Kotli, Mirpuri, Hindi, city of Srinagari, now Srinagar.
Punjabi, and Urdu. Hindus of Jammu Uttarakurus were located beyond the
region are subdivided into various Himalayas.
groups, and of them Brahmins and This is corroborated by the fact that
Rajputs are the predominant ones. Taxila became a centre of learning and
According to the 1941 census, 30% of classical Sanskrit was first developed in
them were Brahmin, 27% Rajput, 15% Kashmir.
Thakkar, 4% Jat and 8% Khatri.
320 to 740 AD
According to Kalhana, nearly the
whole of the Gupta age was ruled by the
Gonanada dynasty ie for about 300 yrs.
After them a new dynasty known as
Karkota or Naga was founded by


Durlabha-vardhana. He had married the Yasakara who earned a reputation as a
daughter of the last Gonanada king and man of great learning. Besides being a
became king in 527 a.d. According to good administrator, he built a Matha
Hiuen Tsang who visited Kashmir, the (monastery) for the residence of
king ruled over parts of western and students coming from Aryadesa to
north western Punjab as well. The King's Kashmir for higher education.
son Chandrapida in 713 ad defend his A Turkish family ruled the Kabul
kingdom against the Arabs. Valley and Gandhara for a long time.
He was followed by Lalitaaditya Kallar, a minister, overthrew the king to
Muktapada in 724 ad, the greatest king of found the Hindu Shahi dynasty in the
that dynasty. He defeated the Tibetans second half of the ninth century a.d and
and the Turks. His extensive conquests, is identified as Lalliya Shahi in the
up to Bengal, made Kashmir the most Rajatarangini. After the death of
powerful kingdom since the days of the Lalliya's son, Kamaluka, his grandson
Guptas. The most famous of his works is Bhima-about 900 ad, ascended the
the Martanda Temple. He died in 760 ad throne. By giving his daughter is
while the dynasty continued to rule till marriage to the King of Lohara in
the middle of the ninth century ad. When Poonch, he was able to exercise influence
Jayapida, the grandson of Lalitaditya, in Kashmir to build a magnificent
lost the throne of Kashmir, he came to temple of Vishnu and call it Bhimaksava.
North Bengal. In the 8th century ad, (Has now been converted into a Muslim
Sarvajnamitra, a nephew of the King of Ziarat). There were a series of kings
Kashmir became one of the principal thereafter. It ends with King Jayapala
teachers of Nalanda. who fought the Sultan of Ghazni.
Renowned scholar, Kumarjiva, Towards the middle of the 8th
responsible for translating over 100 century was built the magnificent
Sanskrit texts into Chinese, was taken by Marthananda temple. While resting in
his mother at the age of nine to Kashmir the Valley the learned Brahmans told
to study Buddhist literature. Sankaracharya that unless he defeated
the learned persons of Sarada Pitha they
750 to 1000 A.D. would not accept the supremacy of his
Lalitaditya's son Vajraditya ruled philosophy. With his arguments he
from 762 a.d. The Arab governor of Sind defeated all the learned men at that high
raided Kashmir around 770 The next seat of learning including Jains and
successor was Jayapida referred to above. Buddhists. The King of Kasmira or
He was a brave general like his Grand Kashmir has made arrangements for the
Father Lalitaditya. Thereafter, a series of Shankaracharya's stay at Srinagar but he
Kings ruled Kashmir. Next in line was chose to stay near an ancient Siva temple


overlooking the city. Since then the invaded Kashmir in 1540 and died in one
temple has popularly been known as the such war in 1551. There were a series of
Sankarcharya temple. kings between 1551 and 1579 till Yusuf
Shah became king who submitted to
1000 TO 1300 AD Akbar's forces in 1586. Akbar
Around 1014 ad, Mahmud Ghazni imprisoned Yusuf. His son Yaqub
plundered the Valley for the first time. continued fighting Akbar till he was
Sahamer became King in 1339 ad under defeated.
the name Shams-ud-din. This marked the The reigns of Jahangir and Shah
advent of Muslim rule in 1338 ad. Jahan did not see much interaction with
Kashmir. During Aurangzib's stay in
Punjab in 1674-75 officials converted a
1300 to 1526 AD
large number of Hindus to Islam. In
The history of Kashmir was given in order to infuse courage in Hindus, Guru
three Sanskrit chronicles ie from the Tegh Bahadur visited East Punjab. This
middle of the 12th century to the time it created confidence in the minds of
was conquered by Akbar. The earliest people. Enthused, the Kashmiri leaders
one was by Jonaraja. The Muslim told the Guru of their plight. He advised
chronicles are based on these writings. them to inform Aurangzeb to convert
After a series of kings The next the Guru first and then all of them would
important king was Sikandar whose embrace Islam. Surely Guru did not
reign marks a turning point in the history convert and paid for his life by being
of Kashmir. A large number of fanatical beheaded on 11/11/1675.
Muslims from outside the country came,
occupied offices of the state and became
1707 to 1818 AD
the king's friends. Idols were destroyed;
temples demolished, attempts were After Aurangzeb's death the decline
made to kill the Brahmins. His son Mir of Mughal power did not affect Kashmir
Khan continued with the torture of till Ahmad S Shah Abdali conquered it in
Brahmins. 1752. The Afghans ruled it till 1819.
There were 28 governors during Afghan
Shahi Khan became the next king in
rule of which there was only one Hindu,
1420. He was well versed in Persian and
Sukhjiwan. In 1753 he was the first
Sanskrit, had the Mahabharat translated
Hindu chief of Kashmir since 1320 ie in
into Persian. He died in 1470 ad.
433 yrs. He was a brave soldier, wise
administrator, scholar and poet . But he
1526 to 1700 AD fell out with Ahmad Shah Abdali who
A series of kings ruled Kashmir till invaded Kashmir with the help of Ranjit
1540. Humayun's general Mirza Haidar Deo, the ruler of Jammu. Sukhjivan was


captured, blinded and trampled to death
by horses.
Ladakh
After this Afghan rule was a tale of
atrocities. Sunni-Shia riots broke out in
1763-65. Mir Hazar Khan in 1793 sewed Ladakh lies between the Kunlun
up Hindu leaders in gunny bags and mountain range in the north and the
threw them in the Dal Lake to be main Great Himalayas to the south, is
drowned. Ata M K Alkozai forcibly one of the most sparsely populated
seized pretty girls to satisfy his lust. regions in Jammu and Kashmir state.
Many parents were forced to shave the Historically, the region included the
heads of their daughters rather than Baltistan (Baltiyul) valleys, the Indus
allow them to be molested and degraded. Valley, the remote Zangskar, Lahaul and
This forced many Pandit families to Spiti to the south,Aksai Chin and Ngari,
migrate to Rajauri, Poonch and Delhi. As including the Rudok region and Guge,
a result of oppression, great unrest in the east, and the Nubra valleys to the
spread in the province. It was conquered north.
by Maharaja Ranjit Singh in 1819 after Contemporary Ladakh borders
approached by one Birbal Dhar, a noble Tibet to the east, the Lahaul and Spiti to
of Kashmir. Birba Dhar kept his son as a the south, the Vale of Kashmir, Jammu
gurantee for the support of Kashmir and Baltiyul regions to the west, and the
nobles to the Sikh army. trans–Kunlun territory of Xinjiang to the
far north. Ladakh is renowned for its
remote mountain beauty and culture.
the past Ladakh gained importance
from its strategic location at the
crossroads of important trade routes,
but since the Chinese authorities closed
the borders with Tibet and Central Asia
in the 1960s, international trade has
dwindled except for tourism. Since
Ladakh is bordering with china
occupied Tibet, Indian military
maintains a strong presence in the
region.
The largest town in Ladakh is Leh. It
is one of the few remaining abodes of
Buddhism in South Asia, a majority of
Ladakhis are Buddhists and the rest are


mostly Shia Muslims. Some Ladakhi Namgyal dynasty which survives till
activists called for Ladakh to be today. The Namgyals repelled most
constituted as a union territory because Central Asian raiders and temporarily
of its religious and cultural differences extended the kingdom as far as Nepal, in
with predominantly Muslim Kashmir. the face of concerted attempts to convert
Rock carvings found in many parts of the region to Islam and destroy Buddhist
Ladakh show that the area has been artifacts. In the early 17th century efforts
inhabited from ancient age. Around the were made to restore destroyed artifacts
1st century, Ladakh was a part of the and gompas and the kingdom expanded
Kushana empire. Buddhism spread into into Zangskar and Spiti. However,
western Ladakh from Kashmir in the 2nd despite a defeat of Ladakh by the
century when much of eastern Ladakh Mughals, who had already annexed
and western Tibet was still practising the Kashmir and Baltistan, it retained its
Bon religion. independence.
In the 8th century, Ladakh was In the late 17th century, Ladakh
involved in the clash between Tibetan sided with Bhutan in its dispute with
expansion pressing from the East and Tibet . This event is known as the Tibet-
Chinese influence exerted from Central Ladakh-Mughal war of 1679-1684.
Asia through the passes. Suzerainty over Kashmir helped restore Ladakhi rule on
Ladakh frequently changed hands the condition that a mosque be built in
between China and Tibet. In 842 Nyima- Leh and that the Ladakhi king convert to
Gon, a Tibetan royal representative Islam. The Treaty of Tingmosgang in
annexed Ladakh for himself after the 1684 settled the dispute between Tibet
break-up of the Tibetan empire, and and Ladakh, but severely restricted
founded a separate Ladakhi dynasty. Ladakh's independence. In 1834, the
During this period Ladakh acquired a Dogras under Zorawar Singh, a general
predominantly Tibetan population. of Ranjit Singh annexed Ladakh.
Faced with the Islamic conquest of A Ladakhi rebellion in 1842 was
South Asia in the 13th century, Ladakh crushed and Ladakh was incorporated
chose to seek and accept guidance in into the Dogra state of Jammu and
religious matters from Tibet. For nearly Kashmir. The Namgyal family was
two centuries till about 1600, Ladakh was given the jagir of Stok, which it
subject to raids and invasions from nominally retains to this day. European
neighbouring Muslim states, which led to influence began in Ladakh in the 1850s
the partial conversion of Ladakhis to and increased. Geologists, sportsmen
Islam. and tourists began exploring Ladakh. In
King Bhagan reunited and 1885, Leh became the headquarters of a
strengthened Ladakh and founded the mission of theMoravian Church.


At the time of the partition of India in the north-east corner of Ladakh has been
1947, Pakistani raiders had reached the venue of a continuing military
Ladakh and military operations were standoff between India and Pakistan
initiated to evict them. The wartime and the highest battleground in the
conversion of the pony trail from world
Sonamarg to Zoji La by army engineers There is a competition to occupy the
permitted tanks to move up and heights of the Saltoro Ridge which
successfully capture the pass. The borders the Siachan glacier. Since then
advance continued. Dras, Kargil and Leh strategic points on the glacier are
were liberated and Ladakh cleared of the occupied by both sides, with the Indians
infiltrators. having a clear strategic advantage.
In 1949, China closed the border Following demands for autonomy
between Nubra and Xinjiang, blocking from the Kashmiri dominated state
old trade routes. In 1955 China began to government; the Ladakh Autonomous
build roads connecting Xinjiang and Hill Development Council was created
Tibet through this area. It also built the in the 1990s. Leh and Kargil Districts
Karakoram highway jointly with now each have their own locally elected
Pakistan. India built the Srinagar-Leh Hill Councils with some control over
Highway during this period, cutting the local policy and development funds.
journey time between Srinagar and Leh Ladakh is the highest plateau of the
from 16 days to two. Kargil was an area of Indian state of Kashmir with much of it
conflict in the wars of 1947, 1965 and 1971 being over 3,000 m (9,800 ft). It spans the
and the focal point of a potential nuclear Himalayan and Karakoram mountain
conflict during the Kargil War in 1999. ranges and the upper Indus River valley.
The Kargil War of 1999, codenamed Before partition, Baltistan, now
"Operation Vijay" by the Indian Army, under Pakistani control, was a district in
saw infiltration by Pakistani troops into Ladakh. Skardu was the winter capital
parts of Western Ladakh, namely Kargil, of Ladakh while Leh was the summer
Dras, Mushkoh, Batalik and Chorbatla, capital.
overlooking key locations on the
The peaks in the Ladakh range are at
Srinagar-Leh highway. Extensive
a medium altitude close to the Zoji-la
operations were launched in high
(5,000–5,500 m or 16,000–18,050 ft), and
altitudes by the Indian Army with
increase towards south-east,
considerable artillery and air force
culminating in the twin summits ofNun-
support. Pakistani troops were evicted
Kun (7000 m or 23,000 ft).
from the Indian side of the Line of
The Suru and Zangskar valleys form
Control.
a great trough enclosed by the
Since 1984 the Siachan glacier area in
Himalayas and the Zangskar range.


Rangdum is the highest inhabited region in the Karakoram and second-longest in
in the Suru valley, after which the valley the world's non-polar areas. It falls from
rises to 4,400 m (14,436 ft) at Pensi-la, the an altitude of 5,753 m (18,875 ft) above
gateway to Zangskar. Kargil, the only sea level at its source at Indira Col on the
town in the Suru valley, is the second China border down to 3,620 m (11,875 ft)
most important town in Ladakh. It was an at its snout are occupied by troops on
important staging post on the routes of both sides.
the trade caravans before 1947, being Ladakh is a high altitude desert as
more or less equidistant, from Srinagar, the Himalayas create a rain shadow,
Leh, Skardu and Padum. denying entry to monsoon clouds. The
The Zangskar valley lies in the main source of water is the winter
troughs of the Stod and the Lungnak snowfall on the mountains. The regions
rivers. The region experiences heavy on the north flank of the Himalayas —
snowfall; the Pensi-la is open only Dras, the Suru valley and Zangskar —
between June and mid-October. Dras and experience heavy snowfall and remain
the Mushkoh Valley form the western cut off from the rest of the region for
extremity of Ladakh. several months in the year, as the whole
The Indus river is the backbone of region remains cut off by road from the
Ladakh. Most major historical and rest of the country. Summers are short,
current towns — Shey, Leh, Basgo and though they are long enough to grow
Tingmosgang (but not Kargil), are crops. The summer weather is dry and
situated close to the Indus River. After the pleasant. Temperature ranges are from
Indo-Pakistani War of 1947, the stretch of 30 to 35 °C in summer and minimums
the Indus flowing through Ladakh is the range from -20 to -35 °C in winter.
only part of this river, which is greatly Ladakh sends one member (MP) to
venerated in the Hindu religion and the lower house of the Indian parliament
culture, that still flows through India. the Lok Sabha.
The Siachan Glacier is located in the Among the popular places of tourist
eastern Karakoram range in the interest include Leh, Drass valley, Suru
Himalaya Mountains along the disputed valley, Kargil, Zangskar, Zangla,
India-Pakistan border. The Karakoram Rangdum, Padum, Phugthal, Sani,
range forms a great watershed that Stongdey, Shyok Valley, Sankoo, Salt
separates China from the Indian Valley and several popular trek routes
subcontinent and is sometimes called the like Lamayuru - Padum - Darcha, the
"Third Pole." The glacier lies between the Nubra valley and the Indus valley.
Saltoro Ridge immediately to the west Ladakh was the connection point
and the main Karakoram range to the between Central Asia and South Asia
east. At 70 km long, it is the longest glacier when the Silk Road was in use. The sixty-

day journey on the Ladakh route Manali-Leh Highway from Himachal
connecting Amritsar and Yarkand Pradesh. The highway crosses four
through eleven passes was frequently passes, Rohtang la (3,978 m, 13,050 ft),
undertaken by traders till the third Baralacha la (4,892 m, 16,050 ft),
quarter of the 19th century. Another Lungalacha la (5,059 m, 16,600 ft) and
common route in regular use was the Taglang la(5,325 m, 17,470 ft) and the
Kalimpong route between Leh and Lhasa More plains and is open only between
via Gartok, the administrative centre of May and November when snow is
western Tibet. Gartok could be reached cleared from the road.
either straight up the Indus in winter or Ladakh has a population of about
through either the Taglang la or the 2,60,000 which is a blend of many
Chang la. Beyond Gartok, the Cherko la different ethnic groups.
brought travellers to the Manasarovar Among non-Ladakhi residents,
and Rakshastal lakes, and then to Barka, there are followers of Hinduism and
which is connected to the main Lhasa Sikhism, and a small number of
road. These traditional routes have been followers of the Bon religion. According
closed since the Ladakh-Tibet border was to the 2001 population census of India,
sealed by the Chinese government. Other 47.4% of the population is Buddhist,
routes connected Ladakh to Hunza and 45.9% Muslim, 6.2% Hindu and 0.5%
Chitral but, as in the previous case, there others. The region's population is split
is currently no border crossing between roughly in half between the districts of
Ladakh and Pakistan. Leh and Kargil. Leh is 77% Buddhist and
In present times, the only two land Kargil is 80% Muslim.
routes to Ladakh in use are from Srinagar
and Manali. Travelers from Srinagar start
their journey from Sonamarg, over the
Zoji La pass (3,450 m, 11,320 ft) via Dras
and Kargil (2,750 m, 9,022 ft) passing
through Namika la (3,700 m, 12,140 ft)
and Fatu la (4,100 m, 13,450 ft). This has
been the main traditional gateway to
Ladakh since historical times and is now
open to traffic from April or May until
November or December every year.
However, with the rise of militancy in
Kashmir, the main corridor to the area
has shifted from the Srinagar-Kargil-Leh
route via Zoji la to the high altitude


On 7th November the Indian troops
Pak Occupied won the battle of Shaltang, thereby
Jammu- Kashmir removing all threats to Srinagar. Three
days later, Baramulla was recaptured.
The process of retreat by the enemy on
The Maharaja of Kashmir, Hari Singh
all fronts began.
was not interested to accede with
With the Indian Army finding that
Pakistan but the Pakistan was very keen
the only way the raiders could be
to annexed it. Therefore, An all-out
completely removed from Kashmir was
invasion of J&K started on 22nd October
by attacking their bases and sources of
1947. The main raiders' column consisted
supply in Pakistan, India warned
of an estimated five thousand tribesmen
Pakistan on 22nd December 1947 that
including soldiers of the Pakistan Army
unless Pakistan denied her assistance
“on leave” and led by a few regular
and bases to the invaders, India would
officers who knew Kashmir well. Garhi
be compelled to take such action.
and Domel were quickly captured and
the gates of Muzaffarabad were reached. At that critical stage in J&K's history,
On 24th October, Mahura Power House Lord Mountbatten urged our PM,
supplying electricity to Srinagar was Jawaharlal Nehru, about “the
taken over; the capital of the State was overwhelming need for caution and
plunged in darkness. restraint”; he stressed “how
embroilment in war with Pakistan
Maharaja sought India's military
would undermine the whole of Nehru's
help and signed the Instrument of
independent foreign policy and
Accession on 26th October 1947 to enable
progressive social aspirations.” And, on
that help to be rendered. As Governor-
Mountbatten's advice, Nehru decided to
General of the Dominion of India, Lord
lodge a complaint to the United Nations
Mountbatten signed his acceptance of the
Security Council. That was done on
Instrument deed on the next day.
December 31, 1947.
In the early hours of 27th October
Following the 1949 cease-fire
1947 began an operation the like of which
agreement, the government of Pakistan
had never before occurred in the history
divided the northern and western parts
of warfare. With the wholehearted co-
of Kashmir which it held into the two
operation of the civilian air companies,
separately-controlled political entities:
over a hundred civilian aircraft and Royal
Indian Air Force planes were mobilized Pakistan Occupied Jammu and
to fly troops, equipment and supplies to Kashmir - The area of northern Kashmir
Srinagar. Some of the pilots flew did is still in occupation of Pakistan.The
several sorties in the course of the day; the narrow southern part, 250 miles (400
ground crew rose to the occasion. km) long, with a width varying from 10


to 40 miles (16 to 64 km) and an area of involving a third party, such as the
Kashmir that was once under Pakistani United Nations.
control is the Shaksgam tract—a small Pakistan named this region Azad
region along the northeastern border of Jammu and Kashmir (AJK) which is a
the Northern Areas that was self-governing state under Pakistani
provisionally ceded by Pakistan to the control but is not constitutionally part of
People's Republic of China in 1963 and Pakistan. It has its own elected
which now forms part of China's Uygur president, prime minister, legislature,
Autonomous Region of Xinjiang. high court, and official flag. The
In 1972, the then-current border government of Pakistan has not yet
between Pakistan and India, which held allowed the state to issue its own
areas of Kashmir, was designated as the postage stamps, however, and Pakistani
"Line of Control". The Line of Control has stamps are used in the state instead. It
remained unchanged since the 1972 has its own Judiciary as well.
Simla Agreement, which bound the two POJK's financial matters, i.e., budget
countries "to settle their differences by and tax affairs, are dealt with by the
peaceful means through bilateral Azad Jammu and Kashmir Council,
negotiations." Some political experts rather than by Pakistan's Central Board
claim that, in view of that pact, the only of Revenue. The Azad Jammu and
solution to the issue is mutual negotiation Kashmir Council is a supreme body
between the two countries without consisting of 11 members, six from the

Division District Area (km²) Population (1998) Headquarters
Mirpur Bhimber 1,516 301,633 Bhimber
Kotli 1,862 563,094 Kotli
Mirpur 1,010 333,482 Mirpur
Muzaffarabad Muzaffarabad[11] 2,496 638,973 Muzaffarabad
Hattian ? ? Hattian Bala
Neelum[12] 3,621 106,778 Athmuqam
Poonch Poonch 855 411,035 Rawalakot[11]
Haveli 600 (est.) 150,000 (est.) Forward Kahuta[11]
Bagh 768 243,415 Bagh
Sudhnati 569 334,091 Pallandari

POJK Total 10 districts 13,297 2,972,501 Muzaffarabad


government of Azad Jammu and some mineral and marble resources
Kashmir and five from the government of close to Mirpur and Muzaffarabad; there
Pakistan. Its chairman/chief executive is are also some graphite deposits at
the president of Pakistan. Other members Mohriwali. There are some reservoirs of
of the council are the president and the low-grade coal, chalk, bauxite, and
prime minister of Azad Kashmir and a zircon.
few other AJK ministers. The state is In the latter part of 2006, billions of
administratively divided into three dollars for development were mooted
divisions which, in turn, are divided into by international aid agencies for the
ten districts. reconstruction and rehabilitation of
The northern part of POJK earthquake-hit zones in Azad Kashmir,
encompasses the lower area of the though much of that amount was
Himalayas, including Jamgarh Peak subsequently lost in bureaucratic
(15,531 feet/4,734 meters). However, channels.
Hari Parbat peak in Neelum Valley is the
highest peak in the state. Fertile, green,
mountainous valleys are characteristic of
geography, making it one of the most
beautiful regions of the subcontinent. The
region receives rainfall in both the winter
and the summer. Muzaffarabad and
Pattan are among the wettest areas of the
region. Throughout most of the region,
the average rainfall exceeds 1400 mm,
with the highest average rainfall
occurring near Muzaffarabad (around
1800 mm
The majority of the population is
culturally, linguistically, and ethnically
related to the people of northern Punjab.
The principal languages spoken are
Pahari, Gojri, Dogri, Potohari, Urdu,
Kashmiri, Pashto and Punjabi.
Agriculture is a part of Azad
Kashmir's economy; low-lying areas that
have high populations grow crops like
barley, mangoes, millet, corn (maize),
and wheat, and also raise cattle. There are


that proves their age. Many of these
Gilgit-Baltistan carvings and inscriptions will be
inundated and/or destroyed when the
planned Basha-Diamir dam is built and
Gilgit-Baltistan, the much larger area the Karakoram Highway widened.
to the north of Jammu and Kashmir. It The local Northern Light Infantry is
was officially granted full autonomy on the army unit that was believed to have
August 29, 2009 but the present Indian assisted and possibly participated in the
Govt. didn't show any concern other than 1999 Kargil conflict. More than 500
issuing a token statement. soldiers were believed to have been
Gilgit-Baltistan borders Pakistan's killed and buried in the Northern Areas
Khyber Pukhtunkhwa province to the in that action. Lalak Jan, an Shia Imami
west, Afghanistan's Wakhan Corridor Ismaili Muslim(Nizari) soldier from
to the north, China to the east and Yasin Valley, was awarded Pakistan's
northeast, POJK to the southwest, and most prestigious medal, the Nishan-e-
Jammu and Kashmir to the southeast. Haider, for his courageous actions
Gilgit-Baltistan covers an area of 72,971 during the Kargil conflict.
km² (28,174 mi²) and is highly On 29 August 2009, the Gilgit-
mountainous. It has an estimated Baltistan Empowerment and Self-
population approaching 18,00,000. Its Governance Order, 2009, was passed by
administrative center is the city of Gilgit . the Pakistani cabinet and later signed by
The territory became a single the President of Pakistan. The order
administrative unit in 1970 under the granted self-rule to the people of Gilgit-
name Northern Areas and was formed by Baltistan, by creating, among other
the amalgamation of the Gilgit Agency, things, an elected legislative assembly.
the Baltistan District of the Ladakh Gilgit-Baltistan thus gained de facto
Wazarat, and the states of Hunza and province-like status without having so
Nagar. constitutionally.
There are more than 50,000 pieces of Gilgit-Baltistan is administratively
rock art (petroglyphs) and inscriptions all divided into two divisions which, in
along the Karakoram Highway in Gilgit- turn, are divided into seven districts,
Baltistan, concentrated at ten major sites including the two Baltistan districts of
between Hunza and Shatial. The carvings Skardu and Ghanche, and the five Gilgit
were left by various invaders, traders, districts of Gilgit, Ghizer, Diamer,
and pilgrims who passed along the trade Astore, and Hunza-Nagar. The main
route, as well as by locals. These carvings political centres are the towns of Gilgit
were pecked into the rock with stone and Skardu.
tools and are covered with a thick patina


Area Population
Division District Headquarters
(km²) (1998)
Baltistan Ghanche 9,400 88,366 Khaplu
Skardu 18,000 214,848 Skardu
Gilgit Gilgit 39,300 383,324 Gilgit
Diamir 10,936 131,925 Chilas
Ghizar 9,635 120,218 Gahkuch
Astore 8,657 71,666 Gorikot
Hunza-
Aliabad, Sikandarabad
Nagar

Gilgit-Baltistan
7 districts 72,971 970,347 Gilgit
totals

latter being one of the most feared
Gilgit-Baltistan borders the Wakhan mountains in the world.
corridor of Afghanistan to the northwest, Three of the world's longest glaciers
China's Uygur Autonomous Region of outside the polar regions are found in
Xinjiang (Part of Ladakh, illegally Gilgit-Baltistan — the Biafo Glacier, the
handed over to China by Pakistan) to the Baltoro Glacier, and theBatura Glacier.
northeast, the Indian state of Jammu and There are, in addition, several high-
Kashmir to the south and southeast, the altitude lakes in Gilgit-Baltistan:
POJ K to the south, and Pakistan's North- Sheosar Lake in Deosai Plains -
West Frontier Province to the west. (Astore region)
Gilgit-Baltistan is home to five of the Satpara Tso Lake in Skardu - Baltistan
"eight-thousanders" and to more than Katzura Tso Lake in Skardu - Baltistan
fifty peaks above 7000 meters. Gilgit and Zharba Tso Lake in Shigar - Baltistan
Skardu are the two main hubs for
Phoroq Tso Lake in Skardu - Baltistan
expeditions to those mountains. The
Bara Tso Lake in Gangche - Baltistan
region is home to some of the world's
highest mountain ranges—the main Byarsa Tso Lake in Gultari - Baltistan
ranges are the Karakoram and the Borith Lake in Gojal
western Himalayas. The Pamir (Upper Hunza- Gilgit)
mountains are to the north, and the Rama Lake near Astore
Hindu Kush lies to the west. Amongst the Rush Lake near Nagar - Gilgit
highest mountains are K2 (Mount Kromber Lake In Kromber Pass
Godwin-Austen) and Nanga Parbat, the ( Ishkoman Valley, Ghizer District)


Barodaroksh lake in Bar valley Nagar of the area which being the remotest
region of Pakistan was neglected for
The Deosai Plains, are located above over quarter of century. This forum led
the tree line, and constitute the second- the people of the area to actively invest
highest plateau in the world at 4,115 and learn the modern trade know how
meters (14,500 feet)after Tibet. from its neighbor Xingkiang. Rest of the
The climate of Gilgit-Baltistan varies economy is shouldered by mainly
from region to region, surrounding agriculture and tourism. Agriculture
mountain ranges creates sharp variations such as: wheat, corn (maize), barley,
in weather. There are towns like Gilgit fruits; Tourism is mostly in trekking and
and Chilas that are very hot during the mountaineering and this industry is
day in summer, yet cold at night, and 'growing in importance'
valleys like Astore, Khaplu, Yasin, In early September 2009, Pakistan
Hunza, and Nagar where the signed an agreement with the People's
temperatures are cold even in summer. Republic of China for a mega energy
The economy of region is basically project in Gilgit-Baltistan which
based on traditional route of trade includes the construction of a 7,000-
through Silk Road. China Trade megawatt dam at Bunji in the Astore
organization was the leading economic District.
forum through which most of barter
trade activity made a phenomenal
change in the general economical outlook


Accession is full, final and irrevocable

The “Kashmir { Jammu and Kashmir by Maharaja was covered with a letter of
} “State of Hari Singh that was part of circumstances & reasons. Maharaja Hari
British Indian Empire in 1947 comprised Singh did try to explain some of the
of three distinct regions in the broader reasons in his letter dated 26 October
sense. Maharaja had hence classified the 1947 addressed to Mountbatten
management of His State in 3 Governor General of India ( GGOI ) for
administrative units,{i} The Province of not signing the Instrument of Accession
Jammu ( headed by a Governor and had with either Dominion by 14-08-1947.
two jagirs also associated with it i.e No doubt Maharaja of J&K as per the
Poonch and Chenani) , {ii} The Province Indian Independence Act 1947 and
of Kashmir ( headed by a Governor ) and Government of India Act 1935 was the
{iii} Ladakh headed by a Wazir E only authority to take a decision
Wazarat. Pirpanchal mountain range regarding a State of British Empire that
separated the Province of Jammu from was outside British India and make any
the Province of Kashmir. Srinagar was observations on the circumstances as
the summer capital and Jammu was the prevailed around him while taking a
winter capital of Maharaja. decision regarding accession to any of
Maharaja Hari Singh acceded to the dominion or otherwise
Dominion of India on 26 Oct 1947 under relationships.
an instrument designed for Accession Maharaja in his letter said,“ I have to
with dominion of India . It was accepted inform your Excellency that a grave
by Governor General of India on 27th of emergency has arisen in my State.” The
October 1947. Maharaja further said, “ I wanted to take
Governor General of India did time to decide to which Dominion I
address a letter to Hari Singh that is being should accede or whether it is not in the
used by some separatist elements to call best interests of both the dominions and
the acceptance of Accession as of State to stand Independent, The mass
conditional. J&K has remained disturbed infiltration of tribesmen drawn from
politically. In addition very few people distant areas of North West Frontier
have worked all these years treating J&K Province, coming regularly in motor
affairs outside personal political gains. trucks, using the Mansehra-
Only designated authority to decide Muzaffarabad road and fully armed
accession of Princely State was the Prince with up-to-date weapons, cannot
possibly be done without the knowledge
The Instrument of Accession signed
of the Provincial Government of North


West Frontier Province and the and by then neither the Maharaja nor
Government of Pakistan.”….Regarding Government of India had gone to UN /
his people the Maharaja said, :“ The UN Security Council . And so strangely
people of my State, both Muslims and on the on set itself Lord Mountbatten
non Muslims , generally have taken no Governor General of India made such
part at all…… “.With the conditions self conceived remarks on the offer for
obtaining at present in my State and the Accession as was made by Maharaja of
great emergency of the situation as it J&K and classified J&K State as a State
exists, I have no option but to ask for help where the issue of Accession was a
from India Dominion……. Naturally dispute. Where as in the circumstances
they can not send the help asked for by as explained by Maharaja in his letter
me without my State acceding to the there was no reference of any dispute or
Dominion of India. I have accordingly resistance to accession with India
decided to do so and I attach the Dominion from the people of his State.
Instrument of Accession for acceptance The Maharaja had no where talked of
by your Government.” …” I may Inform any dispute regarding accession of J&K .
your Excellency's Government that it is Then why this condition of
my intention to at once set up an interim settlement of issue of accession by
government and ask Sheikh Abdullah to reference to the people and what was the
carry the responsibilities in this basis for Governor General in the name
emergency with my Prime Minister. “ of Government of India to call the issue
Lord Montbatten said, : In the of accession a dispute as regards J&K
circumstances mentioned by your when Maharaja Hari Singh Bahadur in
Highness, my Government have decided his letter dated 26 Oct 1947 had clearly
to accept the accession of Kashmir State to informed that the people of his State ,
the Dominion of India. It is my both Muslims and non Muslims , general
Government's wish that , as soon as the had taken no part at all in the
law and order have been restored in disturbances where ever the same
Kashmir and its soil cleared of the prevailed.
invader, the question of State's accession The said letter has been used by anti
should be settled by a reference to the India elements and their sympathizers/
people. My Government and I note with supporters to term the accession as
satisfaction that Your Highness has conditional , even temporary.. Maharaja
decided to invite Sheikh Abdullah to or had not made any conditional accession.
an interim Government to work with Hence technically the Accession of J&K
your Prime Minister.” with Indian Dominion has been surely
It is worth noting here that the letter there and those asking for right of self
from Mountbatten was dated 27/10-1947 determination in the context of political


and national status of J&K have to first British Parliament , there was no
call for secession of J&K from Union of provision for any conditional accession
India and may be even before that for worth sharing the sovereignty with any
undoing the Indian Independence Act of one out side the Dominion. Ofcourse
British Parliament. And if at this stage the same Act had given the Princes of
Indian Independence Act 1947 is princely states a sole right to decide on
negated, who shall endorse the 1947 accession to either of the dominions i.e
partition of British India ? Independent Dominion of India and
Rather it could be inferred that new dominion of Pakistan.
Maharaja Hari Singh had no where Hence from all technical reasons the
acknowledged the conditional accession letter of Mountbatten dated 27th Oct
nor did he assign to the National 1947 was not the part of instrument of
Assembly, that was ordered to be elected accession.
for working out a more democratic although not required in terms of the
constitutional arrange for internal Instrument of accession, the State
governance vide the 5th March 1948 Constituent Assembly ratified the
proclamation, the job of endorsing the accession of the State to the Union of
accession nor was such job assigned to India on February 6, 1954. The President
the Constituent Assembly that was to be of India subsequently issued the
elected under the proclamation dated 1st Constitution (Application to J&K) Order
May 1951 of Yuvraj Karan Singh . 1954 May 14 under Article 370 of the
While the power was transferred to Indian Constitution extending the
the people in British India, the rulers of Union Constitution to the State with
the princely States were given / some exceptions and modifications. The
suggested an option to join either of the J&K Constitution Act 1996 Samvat too
two Dominions – India or Pakistan. The was amended on 14 may 1954AD.
Government of India Act 1935, as The State's Constitution for
adopted in the Indian Independence Act, handling the issues left to State by the
1947, provided, "An Indian State shall be Union Constitution came into force on
deemed to have acceded to the Dominion January 26, 1957 under which the
if the Governor General has signified the elections to the State Legislative
acceptance of an Instrument of Accession Assembly were held for the first time on
executed by the ruler thereof."….., the basis of adult franchise the same
Pakistan and even Britain were party to year. The Section 3 of the Constitution
these provisions. So the choice of joining says, "The State of Jammu and Kashmir
either of the Dominions was left to the is and shall be an integral part of the
Rulers of the States concerned. Moreover, Union of India." The Section 4 of the
in the Indian Independence Act, 1947 of Constitution defined the territories


which on the fifteenth day of August, November 1949 that Yuvraj Karan Singh
1947, were under the sovereignty of the Sadar e Riyasat / Maharaja's
suzerainty of the Ruler of the State." authorized Regent too issued a
1 . From all technical angles the proclamation accepting the constitution
Accession of J&K as of 1947 with Indian being drafted by the Constituent
dominion is complete and legitimate. Assembly of independent India
Under the Indian Independence act Dominion/ Republic.
Prince of J&K was the only designate 4 . Though not required as per the
authority to decide for Accession . instrument of Accession signed by the
2 . Maharaja Hari Singh Prince of J&K , still the Constituent
unconditionally acceded to Dominion of assembly also formally ratified
India and also initiated for a duly elected /confirmed the accession with India.
Constituent Assembly where in all the 75
National Conference leaders got elected.
Mountbattens letter is not part of
instrument accession from technical
angle.
3 Though a little late, in view of the
circumstances in hand , it was on 25


Roots Of Separatism

Muslim separatist politics in Jammu de-stable Maharaja of J&K.
and Kashmir, particularly Kashmir Local Muslim young men,
valley dates back to 1930,s. particularly educated from Aligarh
It was the period when Indian were patronized to rise in rebellion
freedom movement had entered a besides Muslim League cadres from
decisive phase. Punjab were systematically infiltrated in
Indian nation under the leadership of disguise into J&K.
Indian National Congress had declared One such person Qadeer by name
“Puran Swaraj” as its objective. 26th was smuggled in as a cook of western
January 1930 was declared the complete traveler. In Srinagar Qadeer started
independence day. cooking politics instead of food-his
Revolutionaries like Shaheed Azam declared objective.
Bhagat Singh and ChanderShekhar Azad Local authorities arrested this man
had created a fear among the British. for inciting communal trouble and
To counter this unprecedented disturbing the peace.
awakening across the country Britishers Local stooges under the leadership
secretly encouraged Muslim League and of sheikh Abdullah were mobilized to
the demand for separate homeland for undermine the rule of law. This entire
Muslims on the basis of two nation mobilization was on communal grounds
theory. and minority Hindus became natural
In open the British government targets.
convened series of Round Table On 21 June 1931J & K M u s l i m
Conferences in London to address the Conference was formed by Mir Waiz
governance grievances of the people of Yousuf Shah, Sheikh Abdullah,
India. Chowdhury Ghulam Abbas and others.
In the very first Round Table 13th July 1931 was a conspiracy
Conference held from November 1930 – hatched by the British Political
January 1931 Maharaja Hari Singh, the Department against Maharaja Hari
then ruler of J&K as Chairman of the Singh for his highly patriotic stand at the
Chamber of Princes supported the Round Table Conference in London. The
complete freedom demand of the INC, an other dimension of the plot was to coerce
act not liked by the imperialists. him to submit to the long promoted
As a measure of punishment, the British demand for lease of strategic
British government of India decided to Gilgat. The conspiracy was


implemented on the ground by Naya Kashmir campaign as a manifesto.
Wakefield, Maharaja Hari Singh's Prime The manifesto of Naya Kashmir,
Minister and the British Resident contained a declaration for the
Jammu Kashmir Muslim Conference, establishment of a responsible
the political party constituted to Government besides the high ideals of
institutionalize the agitation against the reformation in social, educational and
Maharaja and his government. The economic fields along with a provision
Muslim Press of Lahore, and Ahmadiya for independent judiciary and
Jamat and Majlis Ahrar, two religio- parliamentary democracy. According to
political movements of Punjab, also gave Sheikh Abdullah, all these things were
him a helping hand in that formative possible when the Maharaja was ousted
period. from power.
Sh. Abdullah converted Muslim With full religious zeal the National
Conference into All J&K National Conference launched its Quit Kashmir
Conference On 10th June 1939. To be able movement on May 10, 1946.
to get support of the Indian Press and For the brief period from 1947-53 in
leadership in his struggle for power in which National Conference was in
Kashmir. Khan Abdul Gaffar Khan power they used the state apparatus to
persuaded him to do so make Kashmir an independent entity.
But Sheikh Abdullah did not leave When ousted for his anti national
his essential component, the communal policies in 1953 MA Beig, the 2nd in
politics. For him Kashmir was a nation command of NC formed the Plebiscite
and National conference its national front and asked for implementation of
party. UN resolutions.
The Second World War and arrest of It is worthwhile to note that the HQ
all top leaders of the Congress in the wake of NC is called “Mujahid Manzil” that is
of the quit India Movement of 1942, gave the goal of Muslim warriors.
a new turn to Kashmir's politics. The Separatist sentiment was, therefore
communist party of India, which began institutionalized to make it a perpetual
to support the British after German attack sentiment.
on Soviet Russia and Russian entry into Ÿ Trouble for Hindu minority was
the Anglo-American Camp. They began being institutionalized in Kashmir. A
to take special interest in Kashmir. Many fresh dose of migration that had almost
top communist leaders of Punjab began stopped in Sikh-Dogra regime began
to give pro-communist tilt to politics and anew after Battaloot day of 1931. Muslim
policies of the National Conference. Conference headed by Sheikh Abdullah
The National Conference under the with the backing of British was gaining
leadership of Sheikh Abdullah adopted strength. Jawahar Lal Nehru who had


personal envy with Maharaja and close general communal tension to instill
affinity with sheikh started meddling. fear among them, so that they
Ambitious sheikh saw his future with abandoned their homes;
loosely knit Congress as compared to Ali v promotion of the distress sales of
Mohd. Jinnah and Muslim League. This Hindu property, with finances made
available from various Muslim
along with several other factors lead to
endowments and trusts;
transformation of Muslim Conference v pressure built upon the small Hindu
into National Conference. Nation business community to close down
denoting Kashmir, not India. With this whatever business enterprises it
kind of situation we reach 1947. Partition owned;
of the country on the basis of two nation v Elimination of Hindus from decision
theory and subsequent events had its toll making process;
v Delimitation and redrawing of
in Kashmir. Insistence of Pt. Nehru to
territorial constituencies so as to get
install Sheikh Abdulla as Prime rid of all chances of any Hindu getting
Minister/emergency administrator elected to state legislature;
ensured that NC cadres built on v the recruitment of the Hindus in the
communal narrative became ruling elite services was further reduced to
overnight. “ Ray of Hope” statement almost eliminate them completely
gave them the much required moral with a view to compel them to leave
the State;
license to do whatever they wanted. In
this process atrocities committed against Reduction of the intake of Hindus in
minority got suppressed. That Hindus in the higher educational institutions in
District Baramulla in particular had to spite of merit and competence.
suffer enormously remained concealed.
An entire generation including has Forgotten Heroes
grown up listening to horrible tale of the People like Shaheed Mohd.
dreadful days Maqbool Sherwani were pushed into
.A well-planned psychological war was oblivion and separatist rewarded
unleashed against the Hindus, which constantly. Sheerwani was the person
involved: who faced tribal raiders in 1947 and
v denigration of their religious precept played an important role in delaying
and rituals; their march to Srinagar. He was tied to a
v desecration and destruction of their pole and 24 bullets fired at him. He was
temples;
not allowed to be an inspiration for local
v encroachment on their religious
endowments, unlawful occupation of populace. Instead the people who were
the land attached to temples and actively involved in plundering Hindus
ancient shrines; ascended to the throne.
v frequent provocations to arouse As soon as NC took charge of the


administration Islamisation was given Competitive encouragement to this
official colour. Capturing Hindu sentiment ensured that all the successive
landsprivate as well as community was governments irrespective of party to
done under laws prepared for the which it belonged harboured or at least
purpose. Infamous land to tiller was demonstrated their desire and
designed in such a way that even small commitment to a separatist Islamic state
and marginal hindu land owners were After Bakshi Ghulam Mohammad(
left with no or a little land. Recruitment who replaced Sheith Abdullah in 1953),
policy was also designed in such a way Ghulam Mohd. Sadiq was installed as
that gave enormous advantage to the Prime Minister of Jammu and Kashmir
majority community. Hence if a in February 1964.
matriculate Hindu was eligible for say During his time the State witnessed
post of constable in case of Muslims it many political changes. The
was middle pass only.this was nomenclatures of Sadr-i-Riyasat and the
irrespective of what the status of the Prime Minister were changed to
Muslim candidate was. Governor and the Chief Minister
In this manner all the fundamental respectively.
human rights of Hindus of J&K As a result of the efforts of Sadiq, the
recognised by the constitution and part of National Conference was merged with
Universal Declaration like the Indian National Congress. The Praja
Any symbol exhibiting the Parishad Party had already merged with
civilisational relation and bonding Jan Sangh. Sadiq adopted a policy of
between Kashmir and rest of the country liberalisation towards Sheikh Abdullah.
were and is being destroyed in a On the other side the Sheikh had not
systematic manner. abandoned his old policy and activities
Urdu was thus designated as official and naturally he followed the same old
language and not the Kashmiri which is path.
closer to Sanskrit. And now while in Al Fatah, deriving its name from
government the Kashmiri language has Arab Guerrilla organization committed
been distorted to make it look an abstract to liberalization of Palestine, dominated
of persio-Arabic language. the separatist movement in Kashmir
This process continues un abated till soon after Tashkent Agreement. It
date. And after several decades of this started its activity in 1966, gradually
policy we witness an isolated and swelled its ranks and by 1969 it became a
marginalized section of opportunist full-fledged organization and almost
elements using separatism as an peaked in 1971.
instrument of personal ambitions Al Fatah was first attempt to
becoming almost mainstream sentiment. militarize separatist sentiment in

Kashmir immediately after the Sacred without abonding his real intentions.
Relic Agitation in 1963 when massive Sheikh fully supported "Al Fatah" .
protests were witnessed in the Valley. Its 30 activists, who were in Jail on
It was for the first time that the charge of sedition, were released after
separatists in the Valley realized that Sheikh Abdullah withdrew the cases
there existed a military option too to against them.
achieve their goal. The organisation like the Jamait-e-
when Pakistan launched its second Islamic too received his support.
mission in 1965 to annex Kashmir it was The Sheikh disbanded the Plebiscite
banking on the local support Front and merged it with the National
orchestrated by Al Fatah. Conference in order to wear a nationalist
this misadventure failed and Al mask on its anti-national activities.
Fatah had to lie low for a long time. The anti-defection law was enacted
Subsequently, its cadre was rehabilitated in such a way as would ensure
in the mainstream by the successive supremacy of his political group.
governments in the State under the
pretext that it had abjured violence and
“Resettlement Bill" was introduced
the separatist ideology.
in state Assembly with a purpose to
Some of its members were absorbed remove the constitutional returning to
in state apparatus thus enabling the state of the people who had migrated
separatists to join the system to wreck it to Pakistan in 1947.
from within to achieve the ultimate goal.
Farooq Abdullah, son and successor
It needs to be understood that the of Sheikh continued this policy.
strong foundations for the current armed
weapons from Pakistan were
insurgency was laid by Al Fatah cadre
smuggled into Kashmir during the time
entrenched within the State
of Farooq Abdullah and during the same
establishment itself.
time Jamait-e-Islami incited Kashmiri
Hijacking of 'Ganga' the Indian Muslim youths to taking up arms and
Airlines flight that had taken off from anti-India propaganda was launched
Srinagar on the morning of January 30 for through the cassettes.
Delhi, and subsequent Indo –Pak war
The result was that the terrorists
resulting in stunning defeat of Pakistan
enjoyed the upper hand. Taking
and emergence of Bangladesh
advantage of the ostrich type attitude of
demoralized Kashmir separatists,
the Chief Minister, many religious
particularly Sheikh Abdullah.
organisations - Islamic Students League,
He entered into an agreement with Ahle Hadis, Umate Islami and Jamait-e-
Indira Gandhi and returned to Power Islami started uprooting the ancient


national glory in Kashmir. These alternative to NC.
organisations started the work of This has convinced the common
influencing educational institutions man in street that genuine democracy
while following Pakistan's style of will never flourish in Kashmir.
Islamisation.
70hardcore terrorists arrested by Economics of Militancy
security forces with active support of The second aspect of the
swyamsewaks in several instances were disinformation campaign about the
released on the eve of Eid in 1989. militant violence is pertaining to the
Kidnapping drama of Rubya Syed alleged economic deprivations, the
daughter of Mufti Sayyed and Muslims faced in the State. The local
subsequent release of five terrorist political leadership, specifically the
leaders was another example of abject leadership of the National Conference
surrender. and the splinters of the Muslims United
Abandoning of responsibility and Front, a section of the Muslim leadership
creating hurdles in the way of Governor of the Congress the left parties and some
Jagmohan with the help of Congress of the constituents of the Janta Dal,
party under Rajiv Gandhi's leadership blamed the Hindus of having
proved disastrous. appropriated economic advantage at the
This opportunist use of Kashmir by cost of the Muslim majority. The
NC-Congress for narrow political Muslims, they alleged, were compelled
purposes continues under Omar-Rahul by poverty and economic depression to
combination. resort to armed resistance against India.
Another dangerous consequence of
this political opportunism is the PDP of
Mufti Sayyed who is leaving no stone
unturned to establish his family as an


Article 370 of the constitution of India

Article 370 of the constitution of Maharaja Hari Singh out of state to
India is temporary in nature and grants ensure its grip over power.
special status to Jammu and Kashmir. The exclusion of the Jammu and
The whole question of constitution Kashmir State from the constitutional
making in the State was considered in organization of India and its
May 1949, at a Conference of the Premiers reconstitution into a separate political
of the various States and the Union of identity based upon the Muslim
States. The Conference of the Premiers precedence is Article 370 in nutshell.
decided to leave the task of the framing of Article 370 implies Sixfollowing
the Constitution of the States to the Special Provisions for Jammu &Kashmir
Constituent Assembly of India.
1) Jammu & Kashmir was allowed
The Maharaja of Kashmir accepted to have its own constitution.
the Constitution of India the same way; it
2) Parliament’s legislative power
was accepted by other acceding princely
over the state was restricted to three
States.
subjects – Defence, Foreign affairs, and
The Interim Government of Jammu communications.
and Kashmir State, which was
constituted by the National Conference,
3) If other constitutional provisions
did not accept that the Constituent
or other Union powers were to be
Assembly of India should frame the
extended to Kashmir, the prior
Constitution of the State and insisted
concurrence of the state govt. was
upon the convocation of a separate
required.
Constituent Assembly in the State.
The Constituent Assembly of India,
in spite of tragic partition, had opted for a Text of the Article 370
Union of India based on the secular Article 370 of the Indian
integration of the people of India.
Constitution-
In broad terms, the National
Conference leaders took the position, to
exclude the Muslim majority State from (1) Temporary provisions with
the Constitutional organization of India. respect to the State of Jammu and
Kashmir.
NC under the leadership of Sheikh
Abdullah in collaboration with Jawahar Notwithstanding anything in this
Lal Nehru forced legitimate ruler Constitution,-


(a) the provisions of article 238 shall Instrument of Accession of the State
not apply in relation to the State of referred to in paragraph (i) of sub-clause
Jammu and Kashmir; (b) shall be issued except in
(b) the power of Parliament to make consultation with the Government of the
laws for the said State shall be limited to– State :
(i) those matters in the Union List and Provided further that no such order
the Concurrent List which, in which relates to matters other than those
consultation with the Government of the referred to in the last preceding proviso
State, are declared by the President to shall be issued except with the
correspond to matters specified in the concurrence of that Government.
Instrument of Accession governing the (2) If the concurrence of the
accession of the State to the Dominion of Government of the State referred to in
India as the matters with respect to which paragraph (ii) of sub-clause (b) of clause
the Dominion Legislature may make (1) or in the second proviso to sub-clause
laws for that State; and (d) of that clause be given before the
(ii)such other matters in the said Lists Constituent Assembly for the purpose of
as, with the concurrence of the framing the Constitution of the State is
Government of the State, the President convened, it shall be placed before such
may by order specify. Assembly for such decision as it may
take thereon.
Explanation.- For the purposes of this (3) Not withstanding anything in the
article, the Government of the State means the foregoing provisions of this article, the
person for the time being recognised by the President may, by public notification,
President as the Maharaja of Jammu and declare that this article shall cease to be
Kashmir acting on the advice of the Council of operative or shall be operative only with
Ministers for the time being in office under such exceptions and modifications and
the Maharaja's Proclamation dated the fifth from such date as he may specify :
day of March, 1948; Provided that the recommendation
(c) the provisions of article 1 and of of the Constituent Assembly of the State
this article shall apply in relation to that referred to in clause (2) shall be
State; necessary before the President issues
(d) such of the other provisions of this such a notification.
Constitution shall apply in relation to (Source: Constitution of India)
that State subject to such exceptions and
modifications as the President may by
order specify :
Provided that no such order which
relates to the matters specified in the

Implications of Article 370 Government for her son Vipul's
treatment. "Hence your son's medical
the case cannot be settled at any cost on
Manifestation of Limitations on Law
the instruction of the Home Ministry,"
making in India, Examples:
Ahmed wrote.
Chapter- I ( Preliminary )- Be it
This is a case of 2007 that got some
enacted by Parliament in the Fifty-sixth
media attention.
Year of the Republic of India as follows:—
Refusal to limit the authority of state
1 (1) This Act may be called the Right
power and the nature and extent of
to Information Act, 2005.
individual liberty and freedom.
(2) It extends to the whole of India
Denial of protection against
except the State of Jammu and Kashmir.
discrimination on grounds of religion,
Implication of Such limitation [Reply
caste and region and laid down legal
from Deputy Secretary to Home MHA
remedies against arbitrary exercise of
North Block department of J&K
authority.
Government]
Isolate the State from the
WRT your above quoted letter for
mainstream of the Indian political
providing of information to the applicant
development.
regarding above noted subject, I am
Push the state into a separate orbit of
directed to say that as per section 3 of J&K
political operatives, which ultimately
Right to Information Act,2009 every
isolated it from the rest of the country.
person residing in the state shall have the
right to information. Since the applicant The provisions with regard to
is not a resident of J&K state, the citizenship are applicable to the state
application filed by him has not been with a number of exceptions.
entertained.’ There is an overlapping in Article I
CM J&K not bound to obey the orders and Article 370 as far as definition of
of Union government Even in case of Union is concerned.
terminally ill people Article370 comes to The State of J&K has a Flag of its
rescue of reluctant officers. own. The Indian National Flag can be
"It is to intimate that the Government flown only along with the State Flag.
of Jammu and Kashmir is not bound to Jammu and Kashmir is the only State
obey the orders of the Home Ministry that has dual citizenship, one of the State
under Article 370, which gives special and the other of India. Even the voter’s
status to the state," Chief Minister lists for State elections and for
Ghulam Nabi Azad's special secretary Parliament elections are not common.
Zafar Ahmed reportedly wrote to Usha If a girl belonging to Jammu and
Koul, who had sought aid from the State Kashmir marries a boy from outside the


state, who is not a state subject, she loses The Supreme Court is not vested
all her rights as a 'State Subject'. Even if with the jurisdiction of the Federal Court
her children are then born in the state, in regard to the Jammu and Kashmir
those children have no rights as state State;
subjects! The appellate jurisdiction of the
The Urban Land Act, 1976, which is in Court cannot be enlarged by the
force in the entire country, is not Parliament without having received a
applicable to Jammu and Kashmir. request to that effect from the State; and
Therefore, rich landlords, belonging to In regard to the Jammu and Kashmir
the majority community in the Valley, State the Parliament is not empowered
indulge in economic exploitation of the to confer on the Supreme Court powers
poor and the Indian citizens, who are to issue directions, orders and writs in
non-state subjects and living in the valley, the nature of habeas corpus, mandamus,
cannot even secure loans from the prohibition, quo warranto and certiorari
financial institutions. for purposes other than the enforcement
. The State Government of Jammu of the fundamental rights.
and Kashmir did not accept the Anti- The provisions of the Constitution of
defection law adopted in the country; it India with regard to the services do not
made several amendments. The decision apply to the Jammu and Kashmir State,
on defection is not taken by the Speaker of except in regard to the powers of the
the Assembly but by the leader of the Parliament to create one or more all
connected political party, giving India services common to the Union and
unbridled authority to the leader of the the States and regulate and recruitment
party. and conditions of service of any such
Burning of the national flag is not a services.
cognizable offence. The provisions of the Constitution of
Under Article 370 the Indian India with regard to the election is
Parliament cannot increase or reduce the applicable to Jammu and Kashmir with
borders of the state. certain major modifications.
The High Court of J&K has limited The provisions of the Constitution of
powers as compared to other High India that law made by the Parliament in
Courts within India. It can’t declare any regard to the delimitation of the
law unconstitutional. Unlike High constituencies cannot be called into the
Courts in other states, under Article 226 question in any court of law, do not
of the Constitution, it can’t issue writs apply to the State.
except for enforcement of Fundamental
Rights.


Discrimination with Jammu and Laddakh

Historically, the present of the state in the hands of Kashmiri
conglomeration of three heterogeneous Muslims. With Kashmir valley-centric
regions of Jammu, Kashmir and Ladakh mindset Sheikh Abdullah deliberately
were never an organic political entity. earmarked 43 seats for Kashmir, 30 for
This sharp inter-regional contradiction Jammu and 2 for Ladakh in the then
has a ‘spill over’ in the political house of a 75-member Legislative
perception of the three dominant Assembly in the state, even though more
communities of the respective region and than half of the population and 90 per
integration is absent. cent of the land area belong to Jammu
Political domination of Kashmiri and Ladakh. Presently, in the house of
Muslims and their discrimination against 87-member legislative assembly in the
Jammu and Ladakh kept the latter state, Kashmir valley sends 46 members
neglected. Both these regions are raising and the rest is shared between the two
the issue of abject discrimination at all regions with 37 from Jammu and only 4
possible levels but have failed to get from Ladakh. Of the total 6 Lok Sabha
justice in the name of containing seats in the state, Kashmir valley, Jammu
separatismin Kashmir valley. The neo- and Ladakh have been sharing 3, 2 and 1
elite ruling section of Kashmir has seats respectively. The regional share of
constantly discriminated several regions political representation in the state is not
of Kashmir also. This clearly indicates in conformity with the strength of
that this ruling class that captured the population and voters structure of the
power in the state in 1947 by pure respective region. The voters strength of
manipulation and blackmail is interested Jammu (24,55,174), Kashmir valley
in enjoying the power only and haveno (24,22,765) and Ladakh (1,43719)
respect for ideals they claim. vindicates the allegation that the people
Political domination of Kashmiri of Jammu and Ladakh due to uneven
Muslims: representation in the state Legislative
Assembly were discriminated in the
The democratic process in the state of
decision making process in the state.
Jammu and Kashmir was initiated with
There are also allegations that in the
first assembly election in 1951. But by
absence of the control of the Election
maneuvering the dominant political
Commission of India in conducting the
representation of the valley in the state
election in Jammu and Kashmir till 1967,
Legislative Assembly, Sheikh Abdullah
the National Conference manipulated
managed to place the political command
the rejection of the nomination of


opposition candidates to maintain its But Wazir Commission report was not
hegemony in the political control of the implemented putting the people of
state. most backward areas of Kishtwar,
Where as Kashmir Region (province) Rajouri and Samba to great financial /
had only three districts (Anantnag, developmental disadvantage. And to
Baramulla and Muzafarabad ). After 1947 add to this, so strangely, it was in 2006
invasion from Pakistan side some areas that without any rational study Ghulam
of Mirpur district and Muzafarrabad Nabi Azad lead Congress Government
were encroached by Pakistan as POK. carved 4 new districts in Kashmir
As far as the administrative units of Division as against only one
Maharaja's J&K are concerned, before recommended by Wazir Commission in
1975, Jammu Region had six districts ( 1984. Where as for Jammu Region as
Jammu, Kathua, Udhampur, Rajouri, against 3 recommended by Wazir
Poonch and Doda } spread over nearly Commission only four were created.
26000 sq Km where as Kashmir region This way Jammu region was given just
had only three ( Anantnag, Baramulla 33 % more than what Wazir Commission
and Srinagar ) districts( 2.5 Districts of recommended where as Kashmir region
Pre 1947 days ) spread over nearly 16000 was given 300 % more than what Wazir
sq km But as regards Kashmir region the Commission had recommended. So,
number of districts was arbitrarily overall a net financial advantage was
increased to 6 districts (Srinagar, intentionally and irrationally tilted
Badgam, Baramulla, Kupwara, towards to Kashmir Region.
Anantnag and Pulwama) in At overall planning and
1978/79..Where as the cause of Jammu development level too Jammu region
region was neglected, rather it could be has been neglected , if not discriminated.
termed discrimination.This surely made The road net work in this region has
the case of Kashmir Division more remained severely overlooked upto
stronger for additional development 2005 and the connectivity was just less
funds based on the number of districts . than 40 % as compared to Kashmir
Similarly Wazir Commission region till the last delimitation was done.
recommended three new districts for No doubt climate wise Kashmir
Jammu region in 1984 { Samba/ Bahu, Valley has more uniformly distributed
Reasi and Kishtwar ) and only one more tourism friendly locations and sites. But
for Kashmir division. This way Jammu Jammu region does have many good
region would have got more areas worth development of summer
development funds taking into tourism, adventure tourism and pilgrim
consideration 9 districts for Jammu tourism. Rather Jammu region has much
Region and only 7 for Kashmir division. more scope for pilgrim tourism as


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