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Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     30 November 2010

Why Kashmir is a part of India?

I read that Arundhati Roy said that Kashmir was never a part of India. I have not seen her speech and hence I do not know how she supported her statement. Prosecuting her for sedition is one thing. But was she right?

Before 1947 when the Congress Party was fighting for independence, the Party's stand was a secular undivided India. On the other hand Muslim League under Mohammad Ali Jinnah wanted Muslim majority areas to separate from India to form Pakistan. Ultimately Congress yielded Pakistan, but decided that  the rest of India, which had Hindu majority, will be called India or Bharat only and will stick to secularism.

Pakistan was formed on 14th August, 1947. On the 10th of August Jinnah speaking in the Constituent Assembly of Pakistan in Karachi declared that there will be no discrimination against non-Muslims and they will have equal rights along with Muslims. This was not acceptable to most of the Muslims in Pakistan. They said that they fought for an Islamic State. Jinnah cleverly replied that he meant an Islamic State only and Islam stood for democracy and equality of all.

In any case, within a few days after 14th August, 1947, Muslims started trespassing into Hindu houses and killing, raping and driving out the inmates. Hindus from all over Pakistan came over to India as refugees. On 14th August, 1947 the Hindu population of the then West Pakistan was 38%. Now I don’t think that they are even 1%. Some Muslims crossed over from India to Pakistan also. Some went voluntarily and some were driven out by Hindus as retaliation to what happened in Pakistan. After the Nehru-Liaquat Pact in April, 1950, many Muslims returned to India though no Hindu returned to Pakistan.

According to the treaty signed with the British, all areas directly ruled by the British were to go to India or Pakistan. As regards territories under the Maharajas or Nawabs, then called States, the ruler will have the option to join either India or Pakistan. However after independence some States declared themselves independent. The Maharaja of Jammu and Kashmir also declared the State independent. But soon Pakistan sent its army to invade Kashmir. The Maharaja immediately requested India for protection. But India said that the Indian army can be deployed to protect only Indian territary. The Maharaja immediately signed a draft accession to India. India then sent its army and started beating back the Pakistanis. At the same time India [not Pakistan] went to the UN Security Council. The UNSC ordered a ceasefire and the Indian and Pakistani armies are on either side of the ceasefire line ever since.

The Instrument of Accession in its final form was executed in March, 1948. The Constitution of India came into force on 26th January, 1950. Hence in the Constitution a temporary provision of Article 370 was made, under which the Instrument of Accession will have precedence over the provisions of the Constitution of India. It is stated in the Constitution that it was temporary. But it still continues.

The claim of Pakistan to Jammu and Kashmir is that the majority of the population there are Muslims. India’s claim is based on the Instrument of Accession signed with the then Maharaja.

On the face of it, it  may appear that India’s claims are not based on democratic principle of rule by the majority. But as Aristotle said “Democracy is the tyranny of majority class interests”. That is what is going on in Pakistan. It is the same with the Kashmir separatists also. All the separatists are Muslims though all Muslims are not separatists. Though India conceded Pakistan, it never accepted the principle of religion as a basis for formation of a nation.  Arundhati Roy is not the first non-Muslim Indian or woman to speak for Pakistan. Long ago there was one Mridula Sarabhai, similar to Arundhati Roy now.

The following are my reasons why Kashmir should remain with India only.

1.      What is basis for an independent Kashmir or a Parkistani.Kashmir?  It is the Muslim majority. The so called freedom fighters say that they are fighting a jihad. So one can imagine what will happen to the Hindus if jihadis have their way in Kashmir. The azaadi they want is the azaadi to destroy Hindus.

2.      India is a secular democracy and our politicians are aggressively secular. In fact they are so aggressive that sometimes they become pro-Muslim even.

3.      There are many more Muslims in India than in Kashmir or even in Pakistan.

4.      After the separation of East Pakistan as Bangladesh, there is no basis for claim of Pakistan to Kashmir.

5.      After the experience of 1947 no Muslim majority country can be allowed

As I said our politicians aggressively preach secularism in the country. Why do they not tell Pakistan to become secular?   The only Indian, who had the courage to tell Pakistanis in Pakistan on their face that they should become secular, was L. K. Advani. But he got brickbats for quoting the August 10, 1947 speech of Jinnah in support of secular Pakistan..  Should he have quoted Mahatma Gandhi to Pakistanis instead? Why do our secular politicians do not take up the cause of Kashmiri Pundits driven away from Kashmir? Do they think that they will become communal, if they do so?

Secularism is not for domestic consumption only. It is a universal principle along with human rights. An Islamic Republic or any Republic based on religion is not a Republic. Republic means Respond to the Public. Islamic Republics respond only to Muslims. Organizations like the Organization of Muslim Countries should be treated as International pariahs. But instead Indira Gandhi sent a representative from India.

What are the credentials of Arundhati Roy? She got the Booker Prize by fluke. Has she written any book before or after that? She is doing these things only to catch public attention as she has nothing else to do.  Actually she should be ignored.

If any Indian feels that Kashmir should be independent or should go to Pakistan I would like to hear from him/her.

MPS Ramani.



Learning

 33 Replies

MK Mohanan (Employed)     30 November 2010

Thanks Mr. Ramani for a good presentation of your view. However, your query should not have been "Why Kashmir is a part of India?', but "Why and how Kashmir is not a part of India?"

adv. rajeev ( rajoo ) (practicing advocate)     30 November 2010

Kashmir is a part of India.  So called intellectuals are some bladdy statements for their publicity only.  And one this Nehru created the kashmir problem.

1 Like

Arup (UNEMPLOYED)     30 November 2010

yes it is true that ms. roy told it. tv news shows it several times.

Arup (UNEMPLOYED)     30 November 2010

But was she right?

right in one sense and wrong in another sense.

Arup (UNEMPLOYED)     30 November 2010

..........the Party's stand was a secular undivided India. ........

 

- not very appropriate.

congress under the neheru's leadership, sided jinnah.

latter on jinnah left congress and formed muslim league, and demanded division of india.

Democratic Indian (n/a)     30 November 2010

Arup Sir, can you please elaborate, right in which sense and wrong in which sense.

Arup (UNEMPLOYED)     30 November 2010

.........  Muslims started trespassing into Hindu houses and killing, raping and driving out the inmates .....

 

- not muslims but pakistani fouz crossed the border of kashmir.

 

.......  Some Muslims crossed ......

- not some muslims a large number of mohamedans left india for pakisthan, specially from up, bihar.

 

.......   treaty signed with the British, all areas directly ruled by the British were to go to India or Pakistan .....

... directly ruled by the British ...     - wrong

- kashmir was an independent state under the british rule, of that time. hari singh, the father of karna singh was the king of kashmir. seikh abdullah's father was the prime (or, chief)  minister of the then kashmir. according to treaty, kashmir could join either india or pakistan by option of the ruler of kashmir.

Arup (UNEMPLOYED)     30 November 2010

right in which sense and wrong in which sense.

 

will do.
 

Arup (UNEMPLOYED)     30 November 2010

just after independence, pakistani fouz attack kasmir and captured pak occupied kashmir. it is about 2/3 of kashmir.

seeing his position, mr hari singh immediately decided to join india and indian fouz captured rest of the kashmir.

Arup (UNEMPLOYED)     30 November 2010

The following are my reasons why Kashmir should remain with India only.....

1. you putted here some comments not arguements.

2. here you criticise the secular politics and polititians. no logic - on the subject.

3. not a perfect or solid logic on the subject matter

4. agreed.

5. bad logic.

Arup (UNEMPLOYED)     30 November 2010

Why do they not tell Pakistan to become secular?

pakisthan has a separate national identity. why they will work according to other national's will?

Democratic Indian (n/a)     01 December 2010

"pakisthan has a separate national identity"

Pakistan actually has no real identity of its own. Pakistan was created by Jinnah due to lack of statesmanship and narrow politics by Nehru. Both these persons wanted to be Prime Ministers of India. Earlier Jinnah had wanted to be President of Congress, which Nehru did not allow and himself became Congress President. He was also succesful in sending Netaji away. Then Jinnah played his game by asking for partition of the country. Hence Pakistan is not a result of some egalitarian motive of some religion but a result of a game for personal fiefdoms.

 

If Pakistan declares itself to be secular country, it cannot survive for a single day. It is the mask and opium of religion that is keeping it alive. The Punjabis have been ruling Pakistan from day one, even though the "Mohajirs" from Bihar were the greatest proponents and supporters of the concept of Pakistan during 1947. More than 80% of Pakistani Armed Forces are Punjabis, and in order to always rule they have never allowed democracy to flourish. This came out in the open in 1971, when Mujibur Rehman(a bengali) was elected as Prime MInister of Pakistan, it became undigestable to Punjabis(Army) to be ruled by a Bengali. They declared elections to be void. They let loose a reign of terror in East Pakistan, which further lead to creation of Bangladesh. Same thing is happening now, in order to stay in power Punjabis in Pakistan have no other option but to stick to religious fundamentalism to keep the non punjabis to support them, fooled and quiet. Even this was reflected glaringly in the Article 25 of Constitution of Pakistan which said:

25. Equality of citizens (2)There shall be no discrimination on the basis of s*x only

Now this clearly meant that Constitution had no problem if the discrimination of citizens was being done where it is not  a matter of s*x of the person only. Constitution will not have any problem if citizens are being discriminated because of the language, caste, creed, race, religion, sect etc.

Now this was somewhat rectified by the Constitution (Eighteenth Amendment) Act, 2010, the word "alone" was omitted. Still it would mean that Constitution will not have any problems if citizens are being discriminated because of anything other than their s*x i.e your language, caste, creed, race, religion, sect etc. Hope those Kashmiris blindly seeking to join with Pakistan are able to see the true conditions of non Punjabis in Pakistan and find some sense. Muslims living in Lucknow feel much more safer than the "Mohajirs" who left India and are living in Karachi. Do they want to be like Mohajirs in Pakistan?

1 Like

Bhartiya No. 1 (Nationalist)     01 December 2010

A well balanced article Ramaniji,

Hindus not only from Pakistan and Bangladesh but from Kashmir valley also have been wiped out. Only handful of Hindus has remained in Pakistan and Bangladesh, but they too are facing hardship and atrocities.

Unfortunately the Muslims and their organization living in India and Govt. of India have never raised their concern and voiced for the plight of Hindus from these areas.

Bangladeshi Muslims got everything in India right from ration card to voting rights, but on the other hand “Chakama Refugees” got branded as Bangladeshi and our pseudo secular Politicians wanted them too out of this country.

As Israel is a homeland of every Jews all over the world and they are welcome in Israel at anytime to make Israel a prosperous country.

Same policy must be adopted in India and India should be homeland of all the Hindus all over the world and may come settle down here without any problem.As there must be one country for Hindus to keep it's Identity and culture Intact.


(Guest)

AT point for consideration the POK is part of india.


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