Kashmir – A Political Study – Part III

The Approach of the Political Study of Kashmir can be divided into three aspects.

1. India as Civilisation
2. Two Nation Theory
3. Will of People

India is a Migratory Land historically and an oldest Civilisation, which is blessed with varieties of Communities with diversified cultures.  These cultures made different boundaries called province.  The governance system of the province was the Ruler based on Monarchy. After the fall of Mughal Empire, India got divisive into various provinces and was governed by their respective Kings. 

The British occupied the province were called British India and was governed under their crown.  The Province that was not under the control of British was independent.  The Partition of India was mainly of the Province under the British Control and not for the Independent province.

The Unification of India was a political process under the Congress Polity through assimilation of Independent Provinces to Indian Statehood.  Kashmir was an Independent Province prior to attaining of Statehood.

The Will of People was not taken into consideration, whether it is regarding Partition of the British India and/or towards the assimilation of Province States into Statehood either for India or Pakistan.  The riot of 1947 is clear evidence towards non-acceptance of the political decision taken by the Leaders towards the partition.  Similarly, all the provinces assimilation had the similar fate.

Jammu and Kashmir was an Independent province and a part of Indian Civilisation at the time of Partition of British India, and Maharaja of Kashmir signed the pact with Indian Government towards assimilation of Jammu and Kashmir and accepted Indian Statehood just like any other princely state did as well as the British India partition occurred where people’s Will is not taken into consideration and the decision was imposed on them.

The Occupation of Jammu and Kashmir through various intrusion and wars by the Pakistan and China, i.e. Gilgit Baltistan, Aksai Chin and Azad Kashmir are result of intrusion and invasion which is against the International Law and hence these three province of Jammu and Kashmir, i.e. Gilgit Baltistan, Aksai Chin and Azad Kashmir are Disputed Territory since it is beyond any pact signed by the Maharaja of Jammu and Kashmir with India. 

The Pact of Assimilation to Indian Statehood and submission to India Sovereignty is a Legal act and hence any demand of Separatism is unlawful act and treated as threat to India Sovereign.  The claim of India Kashmir on the basis of Will of People is equally unlawful, since the assimilation of other Independent Province and the partition of British India was not according to the Will of the People.

Will of the People is considered when they submit their individual sovereign to their Ruler and the Province of Jammu and Kashmir was an independent kingdom and the sovereign lied on the Maharaja of Kashmir.

People of Kashmir can claim the provision of survival and security from the Indian government, the way rest of the India claim by various measures of protest and/or appealing.  The democratic form of government in Kashmir is quite open and wide to have the self-determination towards their development within the frame of Indian Constitution.

The Disputed Land of Jammu and Kashmir, i.e. Gilgit Baltistan, Aksai Chin and Azad Kashmir need revision according to International Law and the Peace in the Land to be retained as the Right of People of Kashmir.

Please also read:

1.  Kashmir – A Victim of International Politics – Part I

http://socyberty.com/society/kashmir-a-victim-of-international-politics-part-i/

2.  Kashmir -  India Partition – Part II

http://socyberty.com/society/kashmir-india-partition-part-ii/

3.  Kashmir – Feudal Strategy – Part IV

http://socyberty.com/society/kashmir-feudal-strategy-part-iv/

4.  Kashmir – an Overview

http://socyberty.com/society/kashmir-an-overview/