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==Treaties on Kashmir == |
==Treaties on Kashmir == |
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The section on Jammu and Kashmir needs to be better structured. May be have a portal for Jammu and Kashmir, so that people could navigate through the content more easily. May be have a map that people could click no to find out about each area. Currently the pages on Jammu and Kashmir are very fragmented. Its very difficult to navigate through the pages. The experience of the reader needs to be enhanced. |
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Various scholars have written on the Instrument of Accession (Jammu and Kashmir), The Treaty of Lahore (9 March 1846) and the Treaty of Amritsar (16 March 1846). But very little of that text is on wikipedia. |
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Because Jammu and Kashmir is internationally recognized as a disputed territory; under various United Nations resolutions there is a large volume of the documentation. Additionally there are international treaties like the Treaty of Lahore signed on 9 March 1846 and the Treaty of Amritsar signed on 16 March 1846 that predate the creation of the modern day India and Pakistan. Like the Treaty of Lahore which was signed between the Sikh Empire and the British government. It is an international treaty that comes under international law and British Law. |
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Maharaja gulab Singh originally worked for the Sikh Empire. But then betrayed the Sikh empire by siding with the East India Company in the Anglo-Sikh War. His name is mentioned in the treaty of Lahore too. He collected Taxes for the East India Company and the money was then given by him to the East India Company. |
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May be have a page on the treaties that apply to Jammu and Kashmir and link these to actual historical events. The reader could then click on a link, obtain a more indepth knowledge of the treaty, its relationship with other treaties and the events surrounding it. Therefore providing readers with a more educational understanding of these treaties. |
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⚫ | The Treaty of Lahore (9 March 1846) and the Treaty of Amritsar (16 March 1846) lapsed under Article 7 of the [http://www.legislation.gov.uk/ukpga/1947/30/pdfs/ukpga_19470030_en.pdf&ved=2ahUKEwj6pbqBgbnpAhUKAcAKHRLZDicQFjACegQIBBAB&usg=AOvVaw0IEcLVGiPkPcm8a_fffZcA|Indian Independence Act 1947]. The Act was passed by the British Parliament on July 18, 1947 to assent to the creation of the independent states of India and Pakistan. The aforementioned Article 7 provides that, with the lapse of His Majesty’s suzerainty over the Indian states, all treaties, agreements, obligations, grants, usages and sufferance’s will lapse. |
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There are also multiple parties to these treaties and we could link to them too. Various scholars have written books and papers on the Instrument of Accession (Jammu and Kashmir), The Treaty of Lahore (9 March 1846) and the Treaty of Amritsar (16 March 1846). But very little of that text is on wikipedia. |
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Maharaja gulab Singh originally worked for the Sikh Empire. But then betrayed the Sikh empire by siding with the East India Company in the Anglo-Sikh War. His name is mentioned in the treaty of Lahore in which the British Government took parts of Jammu and Kashmir from the Sikh Empire. The Dogras then collected taxes in Jammu and Kashmir to support the British Empire. The Treaty of Amritsa states "Maharajah Gulab Singh engages for himself and heirs to join, with the whole of his Military Forces, the British troops when employed within the hills or in the territories adjoining his possessions." Hence the Dogras served the Britsh Empire in the Indian Rebellion and in the various wars. A large percentage of the Kashmiris fought in the First World War and in the Second World Wars, as part of the Jammu and Kashmir State Forces and directly with the Royal Navy, The British Army, the merchant navy and the Gilgit Scouts as mentioned by Major William A. Brown in his book THE GILGIT REBELLION 1947 <ref>{{Cite book|url=https://docs.google.com/?tab=wo&authuser=0#folders/0BxkGkCUURXBlYWYwMjBkZmItZDcxYS00MDFiLWI5ZTUtNGIwODQxNzBlYzFm|title=THE GILGIT REBELLION 1947|author=William A. Brown}}</ref>. Hence 1.1 million Kasmiris now living in the UK. The high taxes to support these wars were resented by all the Kashmiris including the Hindus, Muslims and the Sikhs. And combined with the tens of thousands of trained men, comming back from the Second World War it generated a highly volatile situation. <ref>{{Cite book|url=https://docs.google.com/?tab=wo&authuser=0#folders/0BxkGkCUURXBlYWYwMjBkZmItZDcxYS00MDFiLWI5ZTUtNGIwODQxNzBlYzFm|title=THE GILGIT REBELLION 1947|author=William A. Brown}}</ref> |
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⚫ | Under the British legal system and international law |
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Extensive liturature was written by the British writers regarding these treaties, when they were signed. This liturature provides a better understanding of the events surounding these treaties. More of this text needs to be included on Wikipedia. |
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None of this text is on there. |
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The Slavery Abolition Act 1833 (3 & 4 Will. IV c. 73) abolished slavery throughout the British Empire. The Slavery Abolition Act 1833 (3 & 4 Will. IV c. 73) came into force before the Treaty of Amritsar was signed (16 March 1846). As far back as 1868 in the book Cashmere Misgovernment, Robert Thorp stated that the people of Kashmir were sold into slavery to Gulab Singh <ref>{{Cite book|url=https://books.google.co.uk/books?id=dNPFmgEACAAJ&printsec=frontcover&source=gbs_ge_summary_r&cad=0#v=onepage&q&f=false|title=Cashmere Misgovernment|pages=2–|author=Robert Thorp}}</ref>. Athur Brinkman in his paper "The Wrongs of Cashmere" written in December 1867, also states he: "informs the reader of the wretched condition of a people we sold against their inclination, and their united cry to us." |
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⚫ | Both the Government of Pakistan and the Government of India agreed to the following text in the United Nations Resolution 47: "Noting with satisfaction that both India and Pakistan desire that the question of the accession of Jammu and Kashmir to India or Pakistan should be decided through the democratic method of a free and impartial plebiscite" because The Treaty of Lahore (9 March 1846) and the Treaty of Amritsar (16 March 1846) lapsed under Article 7 of the [http://www.legislation.gov.uk/ukpga/1947/30/pdfs/ukpga_19470030_en.pdf&ved=2ahUKEwj6pbqBgbnpAhUKAcAKHRLZDicQFjACegQIBBAB&usg=AOvVaw0IEcLVGiPkPcm8a_fffZcA|Indian Independence Act 1947]. The Act was passed by the British Parliament on July 18, 1947 to assent to the creation of the independent states of India and Pakistan. The aforementioned Article 7 provides that, with the lapse of His Majesty’s suzerainty over the Indian states, all treaties, agreements, obligations, grants, usages and sufferance’s will lapse. |
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According to the Article 7 of the [http://www.legislation.gov.uk/ukpga/1947/30/pdfs/ukpga_19470030_en.pdf&ved=2ahUKEwj6pbqBgbnpAhUKAcAKHRLZDicQFjACegQIBBAB&usg=AOvVaw0IEcLVGiPkPcm8a_fffZcA|Indian Independence Act 1947] Harri Singh ceased to be the ruler of the State of Jammu and Kashmir and was denuded of all powers and authority to rule the State of Jammu and Kashmir. All such powers and authority reverted to the sovereign authority, the people of the State, hence the call for the plebiscite. According to Alistair Lamb the ruler of Junagadh acceded to Pakistan, but then under this formula a plebiscite was held there too for it to join India. |
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Additionally the 7 year old Maharaja Duleep Singh Bahadur (Sikh) (4 September 1838 – 22 October 1893) was under the control of the East India company when he sign The Treaty of Lahore on 9 March 1846 which gave Jammu and Kashmir and its people to the British Empire. |
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⚫ | Under the British legal system and international law treaties signed by 7 year old children and under duress are not valid. (The International Court of Justice has stated that there "can be little doubt, as is implied in the Charter of the United Nations and recognized in Article 52 of the Vienna Convention on the Law of Treaties, that under contemporary international law an agreement concluded under the threat or use of force is void.) |
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⚫ | Many scholars have written on these treaties over the last 150 years, for example Alistair Lamb disputed the validity of the Instrument of Accession in his paper [http://www.mofa.gov.pk/documents/related/Myth.pdf&ved=2ahUKEwi3spOprc7lAhWUUhUIHWOMCQUQFjAAegQIBRAB&usg=AOvVaw3PTdsunntDqXUFmxnhdCxB&cshid=1572794871164|'The Myth of Indian Claim to JAMMU & KASHMIR –– A REAPPRAISAL'] |
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Where he writes ''"While the date, and perhaps even the fact, of the accession to India of the State of Jammu & Kashmir in late October 1947 can be questioned, there is no dispute at that time any such accession was presented to the world at large as conditional and provisional. It was not communicated to Pakistan at the outset of the overt Indian intervention in the State of Jammu & Kashmir, nor was it presented in facsimile to the United Nations in early 1948 as part of the initial Indian reference to the Security Council. The 1948 White Paper in which the Government of India set out its formal case in respect to the State of Jammu & Kashmir, does not contain the Instrument of Accession as claimed to have been signed by the Maharajah: instead, it reproduces an unsigned form of Accession such as, it is implied, the Maharajah might have signed. To date no satisfactory original of this Instrument as signed by the Maharajah has been produced: though a highly suspect version, complete with the false date 26 October 1947, has been circulated by the Indian side since the 1960s. On the present evidence it is by no means clear that the Maharaja ever did sign an Instrument of Accession.'' |
Where he writes ''"While the date, and perhaps even the fact, of the accession to India of the State of Jammu & Kashmir in late October 1947 can be questioned, there is no dispute at that time any such accession was presented to the world at large as conditional and provisional. It was not communicated to Pakistan at the outset of the overt Indian intervention in the State of Jammu & Kashmir, nor was it presented in facsimile to the United Nations in early 1948 as part of the initial Indian reference to the Security Council. The 1948 White Paper in which the Government of India set out its formal case in respect to the State of Jammu & Kashmir, does not contain the Instrument of Accession as claimed to have been signed by the Maharajah: instead, it reproduces an unsigned form of Accession such as, it is implied, the Maharajah might have signed. To date no satisfactory original of this Instrument as signed by the Maharajah has been produced: though a highly suspect version, complete with the false date 26 October 1947, has been circulated by the Indian side since the 1960s. On the present evidence it is by no means clear that the Maharaja ever did sign an Instrument of Accession.'' |
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''It is now absolutely clear that the two documents (a) the Instrument of Accession, and (c) the letter to Lord Mountbatten, could not possibly have been signed by the Maharajah of Jammu & Kashmir on 26 October 1947. The earliest possible time and date for their signature would have to be the afternoon of 27 October 1947. During 26 October 1947 the Maharajah of Jammu & Kashmir was travelling by road from Srinagar to Jammu. (The Kashmir State Army divisions and the Kashmiri people had already turned on him and he was on the run and had no authority in the state). His new Prime Minister, M.C. Mahajan, who was negotiating with the Government of India, and the senior Indian official concerned in State matters, V.P. Menon, were still in New Delhi where they remained overnight, and where their presence was noted by many observers. There was no communication of any sort between New Delhi and the travelling Maharajah. Menon and Mahajan set out by air from New Delhi to Jammu at about 10.00 a.m. on 27 October; and the Maharajah learned from them for the first time the result of his Prime Minister’s negotiations in New Delhi in the early afternoon of that day. The key point, of course, as has already been noted above, is that it is now obvious that these documents could only have been signed after the overt Indian intervention in the State of Jammu & Kashmir on 27 October 1947. When the Indian troops arrived at Srinagar air field, that State was still independent. Any agreements favourable to India signed after such intervention cannot escape the charge of having been produced under duress. (The International Court of Justice has stated that there "can be little doubt, as is implied in the Charter of the United Nations and recognized in Article 52 of the Vienna Convention on the Law of Treaties, that under contemporary international law an agreement concluded under the threat or use of force is void.)"'' |
''It is now absolutely clear that the two documents (a) the Instrument of Accession, and (c) the letter to Lord Mountbatten, could not possibly have been signed by the Maharajah of Jammu & Kashmir on 26 October 1947. The earliest possible time and date for their signature would have to be the afternoon of 27 October 1947. During 26 October 1947 the Maharajah of Jammu & Kashmir was travelling by road from Srinagar to Jammu. (The Kashmir State Army divisions and the Kashmiri people had already turned on him and he was on the run and had no authority in the state). His new Prime Minister, M.C. Mahajan, who was negotiating with the Government of India, and the senior Indian official concerned in State matters, V.P. Menon, were still in New Delhi where they remained overnight, and where their presence was noted by many observers. There was no communication of any sort between New Delhi and the travelling Maharajah. Menon and Mahajan set out by air from New Delhi to Jammu at about 10.00 a.m. on 27 October; and the Maharajah learned from them for the first time the result of his Prime Minister’s negotiations in New Delhi in the early afternoon of that day. The key point, of course, as has already been noted above, is that it is now obvious that these documents could only have been signed after the overt Indian intervention in the State of Jammu & Kashmir on 27 October 1947. When the Indian troops arrived at Srinagar air field, that State was still independent. Any agreements favourable to India signed after such intervention cannot escape the charge of having been produced under duress. (The International Court of Justice has stated that there "can be little doubt, as is implied in the Charter of the United Nations and recognized in Article 52 of the Vienna Convention on the Law of Treaties, that under contemporary international law an agreement concluded under the threat or use of force is void.)"'' |
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Due to the resentment against the high taxes; there were numerious rebellions against Dogra rule. This is also mentioned in the census of Jammu and Kashmir 1910 held at the British Library in London. There was also the 1931 Kashmir agitation. Under these volatile conditions, it did not take much for the Gilgit Scouts and the Jammu and Kashmir State Forces to rebel against the Maharaja. The 1947 Poonch rebellion is also mentioned on wikipedia. In the book THE GILGIT REBELLION 1947 By William A. Brown writes extensively about these events<ref>{{Cite book|url=https://hisamullahbeg.blogspot.com/2010/12/gilgit-rebellion-1947-by-william-brown.html|title=THE GILGIT REBELLION 1947|author=William A. Brown}}</ref><ref>{{Cite book|url=https://docs.google.com/?tab=wo&authuser=0#folders/0BxkGkCUURXBlYWYwMjBkZmItZDcxYS00MDFiLWI5ZTUtNGIwODQxNzBlYzFm|title=THE GILGIT REBELLION 1947|author=William A. Brown}}</ref>. The Maharaja was on the run. It has been stated that the prevailing international practice on the recognition of state governments is based on the following three factors: first, the government’s actual control of the territory; second, the government’s enjoyment of the support and obedience of the majority of the population; third, the government’s ability to stake the claim that it has a reasonable expectation of staying in power. The situation on the ground demonstrates that the Maharaja was not in control of the state of Jammu and Kashmir and was fleeing for his life and almost all of Kashmir was under the control of the Kashmiri people and the Kashmiri Army that had rebelled against him. His own troops had turned on him. With regard to the Maharaja’s control over the local population, it is clear that he enjoyed no such control or support. The people of Kashmir had been sold by the British Empire and he charged them high taxes therefore the Kashmir Muslims, Hindus Pandits and Buddhists hated him. Furthermore, the state’s armed forces were in total disarray after most of the men turned against him and he was running for his life. Finally, it is highly doubtful that the Maharaja could claim that his government had a reasonable chance of staying in power without Indian military intervention. This assumption is substantiated by the Maharaja’s letters. |
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The area west of the River Indus was not in the The Treaty of Lahore (9 March 1846) and the Treaty of Amritsar (16 March 1846). The Gilgit Agency was independent at the time. In the book THE GILGIT REBELLION 1947 By William A. Brown writes extensively about this area. <ref>{{Cite book|url=https://hisamullahbeg.blogspot.com/2010/12/gilgit-rebellion-1947-by-william-brown.html|title=THE GILGIT REBELLION 1947|author=William A. Brown}}</ref><ref>{{Cite book|url=https://docs.google.com/?tab=wo&authuser=0#folders/0BxkGkCUURXBlYWYwMjBkZmItZDcxYS00MDFiLWI5ZTUtNGIwODQxNzBlYzFm|title=THE GILGIT REBELLION 1947|author=William A. Brown}}</ref> |
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⚫ | The [https://en.wikipedia.org/wiki/Kashmir_conflict| Kashmir conflict] is already on Wikipedia but its hard to navigate through. Various United United Nations resolutions are already listed on Wikipedia [https://en.wikipedia.org/wiki/United_Nations_Security_Council_Resolution_47|United Nations Security Council Resolution 47], [https://en.wikipedia.org/wiki/United_Nations_Security_Council_Resolution_39|United Nations Security Council Resolution 39],[https://en.wikipedia.org/wiki/UN_mediation_of_the_Kashmir_dispute|UN mediation of the Kashmir dispute], [https://en.wikipedia.org/wiki/United_Nations_Security_Council_Resolution_47#UN_Commission|United Nations Commission for India and Pakistan]. There is a lot of documentation on Jammu and Kashmir in the UN [https://www.securitycouncilreport.org/un-documents/jammu-and-kashmir/| archives] that could also be used. |
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Other General Assembly Resolutions like Resolution No.2625/1970 "declaration on principles of international law friendly relations and co-operation among states in accordance with the charter of the united nations UN" applies to Jumma and Kashmir which states "Convinced that the subjection of peoples to alien subjugation, domination and exploitation constitutes a major obstacle to the promotion of international peace and security, Convinced that the principle of equal rights and self-determination of peoples constitutes a significant contribution to contemporary international law, and that its effective application is of paramount importance for the promotion of friendly relations among States, based on respect for the principle of sovereign equality". <ref>{{Cite book|url=https://www.un.org/ruleoflaw/files/3dda1f104.pdf|title=declaration on principles of international law friendly relations and co-operation among states in accordance with the charter of the united nations UN|author=UN}}</ref> also relates to Jammu and Kashmir. Hence the whole section on Jammu and Kashmir needs to be better structured. |
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Its tragic that what started as a campaign by the Kashmiri Hindus, Muslims and the Sikhs against high taxes and against them being sold into slavery, has resulted in over a 100 years of conflict. Listing every thing here may allow the Kashmiri Hindus, Muslims and the Sikhs to see where things when wrong and talk to one other and work for peace. And bring peace to South Asia and the world [[User:Johnleeds1|Johnleeds1]] ([[User talk:Johnleeds1|talk]]) 11:36, 19 May 2020 (UTC) |
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::Currently the pages on Jammu and Kashmir are very fragmented. Its difficult to navigate through the pages. May be have a page on the treaties that apply to Jammu and Kashmir and link these to actual history events. The reader could then click on a link, obtain a more indepth knowledge of the treaty, its relationship with other treaties and the events surrounding it. Therefore providing them with a more educational understanding of these treaties. There is a lot of literature on these treaties, that we could use for references. There are also multiple parties to these treaties and we could link to them too. Many books and scholarly papers have been published illustrating the details surrounding these treaties. May be also create subsections on these pages illustrating the views of the Government of India, The view of the Government of Pakistan and the view of the Kashmiri Parties, The Government of China, The United Nations, The Sikh Empire and the British Government on these treaties. On Wikipedia we have the text on the various treaties but it does not show how these treaties relate to one another. We need show how they relate to one another and the events on the ground. We need to enhance the experience of the reader. [[User:Johnleeds1|Johnleeds1]] ([[User talk:Johnleeds1|talk]]) 14:51, 19 May 2020 (UTC) |
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Treaties on Kashmir
The section on Jammu and Kashmir needs to be better structured. May be have a portal for Jammu and Kashmir, so that people could navigate through the content more easily. May be have a map that people could click no to find out about each area. Currently the pages on Jammu and Kashmir are very fragmented. Its very difficult to navigate through the pages. The experience of the reader needs to be enhanced.
Because Jammu and Kashmir is internationally recognized as a disputed territory; under various United Nations resolutions there is a large volume of the documentation. Additionally there are international treaties like the Treaty of Lahore signed on 9 March 1846 and the Treaty of Amritsar signed on 16 March 1846 that predate the creation of the modern day India and Pakistan. Like the Treaty of Lahore which was signed between the Sikh Empire and the British government. It is an international treaty that comes under international law and British Law.
May be have a page on the treaties that apply to Jammu and Kashmir and link these to actual historical events. The reader could then click on a link, obtain a more indepth knowledge of the treaty, its relationship with other treaties and the events surrounding it. Therefore providing readers with a more educational understanding of these treaties.
There are also multiple parties to these treaties and we could link to them too. Various scholars have written books and papers on the Instrument of Accession (Jammu and Kashmir), The Treaty of Lahore (9 March 1846) and the Treaty of Amritsar (16 March 1846). But very little of that text is on wikipedia.
Maharaja gulab Singh originally worked for the Sikh Empire. But then betrayed the Sikh empire by siding with the East India Company in the Anglo-Sikh War. His name is mentioned in the treaty of Lahore in which the British Government took parts of Jammu and Kashmir from the Sikh Empire. The Dogras then collected taxes in Jammu and Kashmir to support the British Empire. The Treaty of Amritsa states "Maharajah Gulab Singh engages for himself and heirs to join, with the whole of his Military Forces, the British troops when employed within the hills or in the territories adjoining his possessions." Hence the Dogras served the Britsh Empire in the Indian Rebellion and in the various wars. A large percentage of the Kashmiris fought in the First World War and in the Second World Wars, as part of the Jammu and Kashmir State Forces and directly with the Royal Navy, The British Army, the merchant navy and the Gilgit Scouts as mentioned by Major William A. Brown in his book THE GILGIT REBELLION 1947 [1]. Hence 1.1 million Kasmiris now living in the UK. The high taxes to support these wars were resented by all the Kashmiris including the Hindus, Muslims and the Sikhs. And combined with the tens of thousands of trained men, comming back from the Second World War it generated a highly volatile situation. [2]
Extensive liturature was written by the British writers regarding these treaties, when they were signed. This liturature provides a better understanding of the events surounding these treaties. More of this text needs to be included on Wikipedia.
The Slavery Abolition Act 1833 (3 & 4 Will. IV c. 73) abolished slavery throughout the British Empire. The Slavery Abolition Act 1833 (3 & 4 Will. IV c. 73) came into force before the Treaty of Amritsar was signed (16 March 1846). As far back as 1868 in the book Cashmere Misgovernment, Robert Thorp stated that the people of Kashmir were sold into slavery to Gulab Singh [3]. Athur Brinkman in his paper "The Wrongs of Cashmere" written in December 1867, also states he: "informs the reader of the wretched condition of a people we sold against their inclination, and their united cry to us."
Both the Government of Pakistan and the Government of India agreed to the following text in the United Nations Resolution 47: "Noting with satisfaction that both India and Pakistan desire that the question of the accession of Jammu and Kashmir to India or Pakistan should be decided through the democratic method of a free and impartial plebiscite" because The Treaty of Lahore (9 March 1846) and the Treaty of Amritsar (16 March 1846) lapsed under Article 7 of the Independence Act 1947. The Act was passed by the British Parliament on July 18, 1947 to assent to the creation of the independent states of India and Pakistan. The aforementioned Article 7 provides that, with the lapse of His Majesty’s suzerainty over the Indian states, all treaties, agreements, obligations, grants, usages and sufferance’s will lapse.
According to the Article 7 of the Independence Act 1947 Harri Singh ceased to be the ruler of the State of Jammu and Kashmir and was denuded of all powers and authority to rule the State of Jammu and Kashmir. All such powers and authority reverted to the sovereign authority, the people of the State, hence the call for the plebiscite. According to Alistair Lamb the ruler of Junagadh acceded to Pakistan, but then under this formula a plebiscite was held there too for it to join India.
Additionally the 7 year old Maharaja Duleep Singh Bahadur (Sikh) (4 September 1838 – 22 October 1893) was under the control of the East India company when he sign The Treaty of Lahore on 9 March 1846 which gave Jammu and Kashmir and its people to the British Empire.
Under the British legal system and international law treaties signed by 7 year old children and under duress are not valid. (The International Court of Justice has stated that there "can be little doubt, as is implied in the Charter of the United Nations and recognized in Article 52 of the Vienna Convention on the Law of Treaties, that under contemporary international law an agreement concluded under the threat or use of force is void.)
We may also need to add a section on the impact on the removal of Article 370 of the Indian constitution on The Instrument of Accession too.
Many scholars have written on these treaties over the last 150 years, for example Alistair Lamb disputed the validity of the Instrument of Accession in his paper Myth of Indian Claim to JAMMU & KASHMIR –– A REAPPRAISAL'
Where he writes "While the date, and perhaps even the fact, of the accession to India of the State of Jammu & Kashmir in late October 1947 can be questioned, there is no dispute at that time any such accession was presented to the world at large as conditional and provisional. It was not communicated to Pakistan at the outset of the overt Indian intervention in the State of Jammu & Kashmir, nor was it presented in facsimile to the United Nations in early 1948 as part of the initial Indian reference to the Security Council. The 1948 White Paper in which the Government of India set out its formal case in respect to the State of Jammu & Kashmir, does not contain the Instrument of Accession as claimed to have been signed by the Maharajah: instead, it reproduces an unsigned form of Accession such as, it is implied, the Maharajah might have signed. To date no satisfactory original of this Instrument as signed by the Maharajah has been produced: though a highly suspect version, complete with the false date 26 October 1947, has been circulated by the Indian side since the 1960s. On the present evidence it is by no means clear that the Maharaja ever did sign an Instrument of Accession.
Indian troops actually began overtly to intervene in the State’s affairs on the morning of 27 October 1947
It is now absolutely clear that the two documents (a) the Instrument of Accession, and (c) the letter to Lord Mountbatten, could not possibly have been signed by the Maharajah of Jammu & Kashmir on 26 October 1947. The earliest possible time and date for their signature would have to be the afternoon of 27 October 1947. During 26 October 1947 the Maharajah of Jammu & Kashmir was travelling by road from Srinagar to Jammu. (The Kashmir State Army divisions and the Kashmiri people had already turned on him and he was on the run and had no authority in the state). His new Prime Minister, M.C. Mahajan, who was negotiating with the Government of India, and the senior Indian official concerned in State matters, V.P. Menon, were still in New Delhi where they remained overnight, and where their presence was noted by many observers. There was no communication of any sort between New Delhi and the travelling Maharajah. Menon and Mahajan set out by air from New Delhi to Jammu at about 10.00 a.m. on 27 October; and the Maharajah learned from them for the first time the result of his Prime Minister’s negotiations in New Delhi in the early afternoon of that day. The key point, of course, as has already been noted above, is that it is now obvious that these documents could only have been signed after the overt Indian intervention in the State of Jammu & Kashmir on 27 October 1947. When the Indian troops arrived at Srinagar air field, that State was still independent. Any agreements favourable to India signed after such intervention cannot escape the charge of having been produced under duress. (The International Court of Justice has stated that there "can be little doubt, as is implied in the Charter of the United Nations and recognized in Article 52 of the Vienna Convention on the Law of Treaties, that under contemporary international law an agreement concluded under the threat or use of force is void.)"
Due to the resentment against the high taxes; there were numerious rebellions against Dogra rule. This is also mentioned in the census of Jammu and Kashmir 1910 held at the British Library in London. There was also the 1931 Kashmir agitation. Under these volatile conditions, it did not take much for the Gilgit Scouts and the Jammu and Kashmir State Forces to rebel against the Maharaja. The 1947 Poonch rebellion is also mentioned on wikipedia. In the book THE GILGIT REBELLION 1947 By William A. Brown writes extensively about these events[4][5]. The Maharaja was on the run. It has been stated that the prevailing international practice on the recognition of state governments is based on the following three factors: first, the government’s actual control of the territory; second, the government’s enjoyment of the support and obedience of the majority of the population; third, the government’s ability to stake the claim that it has a reasonable expectation of staying in power. The situation on the ground demonstrates that the Maharaja was not in control of the state of Jammu and Kashmir and was fleeing for his life and almost all of Kashmir was under the control of the Kashmiri people and the Kashmiri Army that had rebelled against him. His own troops had turned on him. With regard to the Maharaja’s control over the local population, it is clear that he enjoyed no such control or support. The people of Kashmir had been sold by the British Empire and he charged them high taxes therefore the Kashmir Muslims, Hindus Pandits and Buddhists hated him. Furthermore, the state’s armed forces were in total disarray after most of the men turned against him and he was running for his life. Finally, it is highly doubtful that the Maharaja could claim that his government had a reasonable chance of staying in power without Indian military intervention. This assumption is substantiated by the Maharaja’s letters.
The area west of the River Indus was not in the The Treaty of Lahore (9 March 1846) and the Treaty of Amritsar (16 March 1846). The Gilgit Agency was independent at the time. In the book THE GILGIT REBELLION 1947 By William A. Brown writes extensively about this area. [6][7]
The Kashmir conflict is already on Wikipedia but its hard to navigate through. Various United United Nations resolutions are already listed on Wikipedia Nations Security Council Resolution 47, Nations Security Council Resolution 39,mediation of the Kashmir dispute, Nations Commission for India and Pakistan. There is a lot of documentation on Jammu and Kashmir in the UN archives that could also be used.
Other General Assembly Resolutions like Resolution No.2625/1970 "declaration on principles of international law friendly relations and co-operation among states in accordance with the charter of the united nations UN" applies to Jumma and Kashmir which states "Convinced that the subjection of peoples to alien subjugation, domination and exploitation constitutes a major obstacle to the promotion of international peace and security, Convinced that the principle of equal rights and self-determination of peoples constitutes a significant contribution to contemporary international law, and that its effective application is of paramount importance for the promotion of friendly relations among States, based on respect for the principle of sovereign equality". [8] also relates to Jammu and Kashmir. Hence the whole section on Jammu and Kashmir needs to be better structured.
Its tragic that what started as a campaign by the Kashmiri Hindus, Muslims and the Sikhs against high taxes and against them being sold into slavery, has resulted in over a 100 years of conflict. Listing every thing here may allow the Kashmiri Hindus, Muslims and the Sikhs to see where things when wrong and talk to one other and work for peace. And bring peace to South Asia and the world Johnleeds1 (talk) 11:36, 19 May 2020 (UTC)
- ^ William A. Brown. THE GILGIT REBELLION 1947.
- ^ William A. Brown. THE GILGIT REBELLION 1947.
- ^ Robert Thorp. Cashmere Misgovernment. pp. 2–.
- ^ William A. Brown. THE GILGIT REBELLION 1947.
- ^ William A. Brown. THE GILGIT REBELLION 1947.
- ^ William A. Brown. THE GILGIT REBELLION 1947.
- ^ William A. Brown. THE GILGIT REBELLION 1947.
- ^ UN. declaration on principles of international law friendly relations and co-operation among states in accordance with the charter of the united nations UN (PDF).