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The story of intrigues, deception & the dual accession of Kashmir

4 3 7
13.07.2020

Each year, on 19 July the Kashmiris on both sides of Line of Control and across the world observe the Accession to Pakistan Day. On this day, they renew their pledge to continue the struggle for freedom from Indian occupation.

First Accession: On this day in 1947, All Jammu and Kashmir Muslim Conference passed a resolution for Kashmir’s Accession to Pakistan at the residence of Sardar Muhammad Ibrahim Khan in Aabi Guzar area of Srinagar.

The historic resolution recalled that the Kashmiri’s future was inextricably linked with Pakistan because of a geographical, cultural and economic relationship with Pakistan. The resolution epitomized the ethos of millions of Kashmiri Muslims whose hearts throbbed with people of Pakistan. This was the first unequivocal resolution by Kashmir aligning his future with Pakistan. It is enshrined in Azad Jammu and Kashmir Constitution also.

The Second Accession: The second accession is touted by India in a mythical instrument of accession signed by maharajah of Kashmir with India on October 26, 1947.

Read more: India China tensions over Ladakh could explode at any time

By scrapping of the disputed state’s special status, India itself has torn the instrument to shreds. The cartographic annexation of the state (August 5) not only violates the terms of accession in the so-called instrument but also violates United Nations resolutions and the Simla Accord.

The Accession to Pakistan Day is observed to commemorate the resolution adopted at the platform of All #Jammu and #Kashmir Muslim Conference in #Srinagar on 19th July, 1947 demanding Kashmir’s accession to #Pakistan on the basis of the two-nation theory.

— Kashmir Lobby Group (Stay Home – Save Lives) (@KashmirLobby) July 19, 2019

The Accession to Pakistan Day is observed to commemorate the resolution adopted at the platform of All #Jammu and #Kashmir Muslim Conference in #Srinagar on 19th July, 1947 demanding Kashmir’s accession to #Pakistan on the basis of the two-nation theory.

— Kashmir Lobby Group (Stay Home – Save Lives) (@KashmirLobby) July 19, 2019

The ‘Instrument of Accession’ was signed before Article 370 came into being. As such, it is the foundation of the state’s special status.

Critical voices in Kashmir and India

The former chief minister of the state, Omar Abdullah, called the revocation of the special status “a total betrayal of the trust that the people of Jammu and Kashmir had reposed in India when the State acceded to it in 1947”.

The removal of the special status without consulting the people of disputed state amounts to compromising the state’s autonomy that was fundamental to the accession.

Faizan Mustafa, vice-chancellor of National Academy of Legal Studies and Research, Hyderabad pointed out, `This is a unilateral withdrawal of a promise that was fundamental to Jammu and Kashmir’s relation to India’.

Read more: Has superpower China exposed regional power India’s cowardice?

Around 1930s, Quit Kashmir Movement started against Maharaja Hari Singh. He faced a revolt from the Muslims of his kingdom. During this movement, Sheikh emerged as a charismatic popular leader of the Muslim population, though his authority was whittled down in later period by rival Chaudhry Ghulam Abbas.

The so-called instrument of accession empowered India to make laws as applicable to Jammu and Kashmir only under three subjects: defence, external affairs and communications.

In 1949, Hari Singh appointed Sheikh Abdullah as the prime minister of Jammu and Kashmir, who in turn joined the Indian Constituent Assembly to negotiate a special status for the state. Negotiations led to Article 370. India was debarred from legislating about the disputed state except through via media of Article 370.

What is the status of the instrument of accession

Still, legally, the document remains the source of the disputed state’s integration with India. The Centre has not made any changes to this instrument. The thorny question is whether the modification of Article 370, which gave special status to Jammu and Kashmir, affects the Instrument of accession and thereby the position of the disputed state as an integral part of India.

Article 370 was more about autonomy than of integration. India applied principle jis ki lathi us ki bhains (might is right). This principle allows China to annex the whole of Ladakh, and even the disputed state.

The myth of `integral part’, Perfidious Nehru to Modi: Analysis: Kashmir is a simmering cauldron. For about seven decades, India has........

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