Engr.

297A
Prof. Bruce P. Lusignan

War and Peace: An Analysis Of The Kashmir Issue

And A Possible Path To Peace

By: Iveshu R. Bhatia

Dated: Friday, December 3rd 2004

Table of Contents

Topic

Pg. no.

An introduction to Kashmir and a history of the region.1

Why is Kashmir so important? 3
Analysis of terrorism in Kashmir and the India-Pakistan dispute7
Other factors supporting the rise of terrorism in Kashmir.10
Impact of terrorism and the proxy war..12
Potential steps towards a peaceful solution..15
Latest developments.18
Appendix I: List of Works Cited/Bibliography.......20
Appendix II: Map of the region.21
Appendix III: Copy of instrument of Accession of Kashmir to India22

War and Peace: An Analysis Of The Kashmir Issue And A

Possible Path To Peace

Today, the word Kashmir has become synonymous with death, destruction and
religious genocide in South Asia. Although the roots of the Kashmir issue lie in a

territorial dispute between India and Pakistan, it has evolved into a multi-faceted issue
over the years. This paper discusses this dispute, its history, its effects and potential steps
towards a peaceful resolution.
An introduction to Kashmir and a history of the region
Kashmir is a landlocked region in South Asia, sandwiched between India,
Pakistan, Afghanistan and China. It is spread across an area of 86,000 square miles, an
area bigger than 87 sovereign countries1. Kashmir is home to almost thirteen million
people1. Though mostly Muslim, the state also has significant Hindu, Buddhist and Sikh
populations. Cradled by the mighty Himalayas and fed by rivers like the Satluj and Indus,
Kashmir, has often been described as a Paradise on Earth. However, terrorism and a
border dispute between India and Pakistan have given this very paradise the name Hell
on Earth. With a predominantly agrarian population, the per capita income of Kashmir is
less than 100 U.S. Dollars2. Most of the population is forced to live under immense
squalor and oppression. This has made Kashmir one of the most controversial and hotly
1
debated topics in South Asia, a region home to almost a quarter of the worlds population.
In order to understand the current situation in Kashmir, it is necessary to
understand the history of the region. The British sold Kashmir to Maharajah Ghulab
Singh in 1846. Subsequently, Maharajah Ghulab Singh established himself as the
independent princely ruler of Kashmir. This was done through the famous treaty of
Amritsar4. After Ghulab Singhs death, his kingdom passed on to his successors and was
ultimately ruled by Maharajah Hari Singh until 1949. These rulers were known to be

tyrannical and oppressive. In 1931, there was even a revolt and general unrest amongst
the majority Muslim population.
In 1947, the South Asian portion of the British Empire was divided between India
and Pakistan. Maharajah Hari Singh was advised to consider contiguous dominion,
religious and ethnic issues when deciding which territory to accede to. Both India and
Pakistan applied pressure to get Hari Singh to accede to them respectively. However,
Maharajah Hari Singh remained neutral and did not accede to either dominion. As a
result, Pakistan attempted to annex Kashmir and sent large number of tribesmen and
Pakistani army regulars to overthrow Hari Singh, and make Kashmir a part of Pakistan.
At this point, the Maharajah made an offer to accede to the Indian union in exchange for
protection by Indian forces. India agreed and sent its troops to Kashmir, sparking off the
first war between the two countries. This invasion by Pakistan and the subsequent war in
2
1948 lead to the creation of a highly unstable and dangerous rivalry in the Indian
subcontinent.
In 1948, Indian forces successfully thwarted the incursion by Pakistan and were
even ready to invade Mirpur and Muzaffarabad (now in Pakistan)5. However, Nehru, the
Prime Minister of India, recalled his forces and took the issue to the UN Security
Council. The UN Security Council passed a resolution saying that Pakistan must
withdraw all Pakistani citizens and tribesmen from the area and that a plebiscite be held
to decide the future of the state3. However, due to a lack of interest from the international
community neither objective of the resolution was achieved.

Meanwhile, Kashmir has in effect been divided into Azad Kashmir controlled by
Pakistan (also known as Pakistan occupied Kashmir in India) and Jammu & Kashmir (A
part of the Indian Union, also known as India occupied Kashmir in Pakistan). The de
facto border between these two regions was called the LoC (Line of Control). This
division stands today and is unofficially accepted as the border between the two
countries. However, both countries still lay claim to the entire Kashmir valley. This has
lead to a dangerous dispute between the two neighboring nuclear powers, India and
Pakistan, and has led to several wars and border skirmishes since 1948.
Why is Kashmir so important?
Kashmir is strategically important to India and Pakistan. Kashmir provides
Pakistan with much needed waters to irrigate the fertile plains of Punjab. The Indus and
3
its tributaries flowing in from Kashmir comprise the primary source of fresh water in
Pakistan. As a result, control of the flow of water in these rivers through dams and canals
has been a very important issue for decades.
Furthermore, the Silk Route, the primary land link between Pakistan and China
passes through Kashmir. This is very significant because China has border disputes with
India and is also a major diplomatic and military ally for Pakistan. The Silk route allows
China to maintain an aggressive posture towards India, its biggest regional rival. An
instance displaying the strategic importance of the Silk Route was when Pakistan
reopened the road in 1965. Pakistan handed over complete control of Gilgit, a modern air
force base on this route, to China4. This is very important as today Gilgit is the point from
which China can penetrate deepest into Indian territory4. This significantly neutralizes the

natural security created by the Himalayan range over north India. Interestingly, this move
was made only when border tensions erupted between India and China in the 1960s. The
Silk Route also strengthens Pakistans relationship and trade with China.
There are many other areas in Kashmir that have major geo-political significance.
One such area is the Siachen Glacier in the Karakoram Pass. It is the only barrier
preventing Pakistani and Chinese forces from linking up in Kashmir4. If Pakistan and
China were allowed to link up their militaries at Siachen, Indias national security over
the entire northern frontier would be greatly undermined. Such a link up would create a
very powerful military force, consisting of Indias two biggest rivals. This force would be
4
capable of joint and potentially decisive military action against India.
Additionally, the strategic importance of Kashmir extends beyond South Asia and
onto the global stage. The annexation of Kashmir by Pakistan or the creation of an
independent state would create a continuous block of potential Islamic fundamentalist
regions extending all the way from Morocco to Malaysia. Amongst other things, this
would have a detrimental impact on the global strategy in the war on terror. Kashmir,
already somewhat of a harbor for terrorists worldwide could also become a
fundamentalist state like Iran and support undesirable activities. According to recent
declassified documents, the west also had strategic military interests in Kashmir 6. Some
analysts believe that an independent Kashmir, neutral between India and Pakistan, would
be dependant on the west due to its land locked nature. This would give the west an
opportunity to establish a military presence in the valley, thus enabling it to extend its
influence beyond the Middle East to Central Asia and the western border of China.

However, another report dismissed the idea as establishing a military base in the valley
would be far too expensive and impractical due to the unsuitable terrain.
The western nations have also often leveraged Kashmir in their foreign policies
with both India and Pakistan. In the 1980s Pakistan was a major cold war ally for the
west and was instrumental in the fight against the Soviets in Afghanistan. India in
contrast was largely non-aligned with a bias favoring the Soviet Union. As a result, the
west rewarded Pakistan for its support by reversing its stand on the Kashmir issue to
5
support Pakistan after a period of relative detachment from the dispute 6. It also became
more tolerant of Pakistans tacit support to cross border violence. In the 1990s as western
relations with Pakistan became strained and the Soviet Union became obsolete, the west
became more critical of Pakistans support to cross border terrorism. It applied both
diplomatic and financial pressure on Pakistan to stop support for terrorist activities 6.
However, more recently, the west has released some pressure on Pakistan to crack down
on terrorist organizations in Kashmir. This seems to be in response to Pakistans support
in the recent war on terror and the realization that the Pakistani government may not
have as much control over these terrorists organizations as it did a few years ago.
Similarly, the western world has also often leveraged Kashmir in its foreign policy with
regards to India in order to influence the actions of the Indian government. Therefore, the
Kashmir valley has become important to Pakistan, India and world politics in general.
Besides its strategic and political importance, Pakistan and India both claim
Kashmir because of cultural and social reasons. Kashmir has become ingrained in the
minds of both Pakistanis and Indians as the single biggest issue facing the Indian

subcontinent. Pakistan has suffered defeats in previous wars with India over Kashmir.
Pakistan and India have developed a universal enmity and rivalry extending across all
spheres of life. As a result, Kashmir has come to represent very high stakes for both
countries in terms of national pride.

6
Analysis of terrorism in Kashmir and the India-Pakistan dispute
All these reasons have caused numerous wars and untold death and destruction for
both India and Pakistan. However, the biggest fallout of the above factors has been
rampant terrorism and the related proxy war between Pakistan and India since 1988.
Terrorism has ravaged the valley and its people. This terrorism is not aimed at directly
gaining any strategic advantage or territory from India. Rather, it is aimed at terrorizing
and exterminating innocent and moderate Kashmiris to convert Kashmir into a radical
Islamist region 7. Such a region would automatically be at odds with a secular, passive
and Hindu dominated country like India. The region would therefore, naturally secede
from India and possibly join Pakistan. This proxy war which employs the technique of
terrorism rather than direct military action has completely changed the face of the
Kashmir problem. It has converted the territorial dispute into a multifaceted social,
economic, political, military and religious problem that must be resolved before Kashmir
can ever experience peace and security.
This war is far more sophisticated and organized than the genocide in Congo and
conflict in the Gaza strip. During the late eighties and early nineties, the Pakistani
government and army, through the I.S.I. (Inter Services Intelligence), helped set up an

entire terrorist network in Kashmir. Reports suggest that the I.S.I. had setup a war council
consisting of approximately seventy hardcore terrorists 4. The I.S.I. has worked in
conjunction with this terrorist network to achieve two major objectives. The first
7
objective is the removal of all non-Mulims from the Kashmir valley, and the severing of
all connections to the central government 7. By doing so, it hopes to change the
demographics of Kashmir to make it more natural for Kashmir to become a part of
Pakistan. In essence, they want to convert Kashmir from being a part of secular India into
an Islamic nation. The second objective is to neutralize a large part of the Indian military
forces by keeping them occupied and making them less potent in the event of a
confrontation with Pakistan.
Many techniques have been employed to achieve these two objectives. The most
important of these techniques is the establishment of a network of religious schools in the
valley. These religious schools reject secularism and the secular, scientific syllabus
prescribed by the government. Instead, these schools implant religious bigotry, communal
hatred and radical religious fundamentalism in thousands of impressionable young minds
throughout the valley 4. A network of hundreds of such schools has been established by
the terrorist organizations throughout the valley4. They have also destroyed many regular
schools in the valley to force children to go to the religious schools or remain uneducated.
They have also established a network of mosques throughout the valley 4. These mosques
are instrumental in spreading religious fundamentalism. Together, these mosques and
schools act as centers through which fundamentalism and violence have spread

throughout Kashmir. These structures also act as important places for terrorist
organizations to recruit people. These recruits, after being
8
thoroughly indoctrinated and trained in terrorist training camps, add to the religious
hatred brewing in the valley. Simultaneously, terrorists are also destroying Hindu temples
and systematically exterminating Hindus to erase any link between Muslims and Hindus
in the valley7. This has further increased the communal tension in the valley.
Behind the scenes, the I.S.I. and the Pakistani army are supervising, controlling
and supporting these terrorist organizations. They have armed the terrorists with the
latest weapons and provide cover fire to help them infiltrate the L.O.C. into India13. The
I.S.I. coordinates between different terrorist organizations to effectively spread violence
and create communal tension throughout the valley. The terrorists, with help from
Pakistan, have created training camps in Kashmir, Pakistan and Afghanistan to
indoctrinate and further train recruits. It was estimated that there were as many as 5,000
terrorists in various camps located in Pakistani Punjab and the North West Frontier
Province9.
The local government and administration are also deeply involved in the proxy
war in the valley. In the early 1980s the local administration began to be penetrated by
fundamentalists, some from terrorist organizations. Simultaneously, moderates in senior
posts in the local government were systematically exterminated. As a result, organizations
like the Jamaat were able to organize black outs and major protests to bring the entire
state to a standstill. Religious fundamentalists in high government positions also used
government resources to provide logistical and monetary support to terrorists.

9
These fundamentalists discriminate against non Muslims in Kashmir, even denying them
emergency medical aid or simple amenities like electricity and water.
It is interesting to note that on multiple occasions, security forces have uncovered
evidence linking these terrorists with Pakistan and the Pakistani Army. In 1999, Security
Forces recovered pay books and I.D. cards establishing the militants and freedom
fighters as regular soldiers in the Pakistani Army, specifically, the Northern Light
Infantry. It has become clear that Pakistan, through organizations like the I.S.I. covertly
supported terrorism in Kashmir. This fact is further supported by the Center for
Contemporary Conflict in the U.S. which published an analysis of the Kargil conflict in
1999. The extent of Pakistans involvement in the current situation in Kashmir is also
evident in the sudden fall of Kashmiri groups that support an independent Kashmir like
the JKLF (Jammu and Kashmir Liberation Front). The JKLF comprised largely of radical
Kashmiris and unlike todays terrorist groups in the valley had few foreigners. However,
as it became clear that the group did not support secession of the state to Pakistan, the
group was suddenly marginalized and replaced by groups which supported secession to
Pakistan14. Clearly, the situation in Kashmir has become a Pakistan supported proxy war
from an indigenous struggle for self-determination.
Other factors supporting the rise of terrorism in Kashmir
External factors, especially bad administration by the Indian government and gross
violations of human rights by Indian security forces, have also created an environment
10

conducive to terrorism in Kashmir. The biggest such factor has been the apathy of the
central and state governments of the time with regard to Kashmir. The public
infrastructure in Kashmir is almost non-existent and corruption and religious
fundamentalism plague the public administrative machinery. During the beginning of the
proxy war, the state and central governments did little to help the people of Kashmir. The
ineffectiveness of the Janata Dal government, in power in 1989, only worsened the
situation. The Indian central government displayed its weakness as it nearly collapsed
when terrorists kidnapped the daughter of the Home Minister. In exchange for her safety,
the government readily exchanged five captured militants. This near collapse of the
Central Government, coupled with the governments general apathy and ineptitude with
regards to terrorism has only encouraged the terrorists in Kashmir. Such apathy and
ineffectiveness have also created a sense of alienation and neglect for the Muslims in
Kashmir. This sense of alienation only adds to the hatred against Hindus and India for the
Muslims in the valley, thus, supporting communal tension in the area. Furthermore, this
sense of alienation also encourages the terrorists to continue their activities.
Global politics have also played an important role in the proxy war in Kashmir.
Kashmir has often been used as a strategic tool in the region. Pakistan has always desired
greater international and western involvement in the issue. Such involvement is important
as it keeps the issue alive and center stage. When the international community began to
stress that the Kashmiri people had become alienated, Pakistan began the proxy war in
11
Kashmir while consistently maintaining that the terrorists were freedom fighters. This
created an impression in the international community that the people of Kashmir indeed

wanted to accede from India. However, towards the end of the Clinton administration, the
west, led by the United States began to follow a policy of non interference that supported
a bilateral resolution of the dispute as preferred by India. This was extremely detrimental
to Pakistan. As a result, Pakistan began to project Kashmir as a major humanitarian
disaster like Kosovo. It claimed that the people of Kashmir had been completely alienated
by the rest of the country. During this period, attacks against innocent civilians were
stepped up and India was projected as performing gross civil rights abuses in Kashmir.
However, during the same period terrorists were systematically eliminating non Muslims
in the valley. They were spreading terror throughout the state to create the impression of a
purely Muslim region in a Hindu country where human civil rights abuses were rampant.
This was done primarily to force the west to become more involved in Kashmir as it did
in Kosovo and Bosnia. Direct western military involvement would be extremely
beneficial to Pakistani interests as the valley is still mostly in Indian possession. Thus, in
a sense, the current proxy war in Kashmir is also influenced by global politics.
Impact of terrorism and the proxy war
In the beginning, only high ranking Indian officials like the Inspector General of
Police and a Colonel in the army were targeted. However, militants eventually began to
kill innocent Hindu Pandits and Sikhs. They began to perform religious genocide and
12
caused a mass exodus of Hindus and Sikhs from the region. Several hundred thousand of
them live in refugee camps outside Delhi today7.
The proxy war and terrorism have largely ruined the state. Today Kashmir is
compared to some of the worst global genocides in terms of the terror and atrocities faced

by the people in the area. According to official statistics nearly 66,000 people have been
killed in Kashmir since 199011. Terrorists have subjected innocent Kashmiris (Hindus,
Sikhs and moderate Muslims) to intimidation, panic, rape, murder and assault with a view
to removing such people from Kashmir. Targets were labeled not only as political but also
as religious opponents. Some of these people were killed because they were identified as
informers and agents of India. These people were often moderates and the
intelligentsia including doctors, teachers, lawyers and poets4. They were looted and their
valuables were used to further finance the activities of the terrorists. The terrorists grossly
violated the universally accepted charter of Human Rights and other international laws as
they debased and dehumanizes moderate Kashmiris 4. Their goals included the
dismemberment of the state from India for the establishment of a new political order
based on religion. Anybody identified as opposed to this campaign was subject to severe
torture and persecution. Such people, often Sikhs and Hindus, were dismembered, bled to
death, strangulated by steel wires, burnt alive, hung, impaled, and even had their eye balls
gouged out4. Such violence and brutality has caused the mass exodus of nearly 350,000
Kashmiri Pundits from the region7. Since 1988 this destruction has shown no sign of
13
letting up.
As a result of terrorism, Kashmir has also become one of the most militarized
regions in the world. There are nearly 180,000 to 350,000 troops stationed in Kashmir12.
Roadblocks and checkpoints have isolated the region and make movement nearly
impossible. Normal life has been grossly interrupted and people are forced to live in
constant fear of both terrorists and Indian security forces. In fact, Indian security forces

have been known to commit severe human rights violations in Kashmir. An Amnesty
International report says that Security forces continued to enjoy virtual impunity for
human rights abuses as a result of provisions contained in special security laws, including
POTA, as well as in the Protection of Human Rights Act. 8 Indian security forces have
been known to commit rape, perform extrajudicial executions and detain people without
proper trial or treatment. Such gross violations of Human Rights further add to communal
tension in the valley and worsen the situation.
In this manner, the proxy war waged by Pakistan has been largely successful in
achieving its objectives. It has mostly erased secularism in the valley thus destroying all
commitment to a united and multi-religious India. It has also damaged the impression of
the government at the center as it has been unable to do much about the situation in
Kashmir. In addition, it has destroyed any remnants identifying the state with India thus
creating a sense of alienation for the people. The liquidation and exodus of the Hindu
population has made the predominantly Sufi Muslims in the valley more susceptible to
14
religious fundamentalism. Most importantly, a Muslim rather than secular Kashmiri
identity for the state has been created. The terrorists have thus effectively taken a major
step towards making Kashmir a part of the fundamentalist part of the Islamic world rather
than a secular state in the Indian union.

Potential steps towards a peaceful solution

It is quite evident that the Kashmir issue has evolved over time. I t has changed
from a relatively simple territorial dispute to a far more complex cultural, religious and
political issue having global implications. Any solution simply resolving the territorial

dispute would be inadequate. Therefore, it is necessary that the problem also be dealt
with on its religious, cultural and social fronts if there is to be any hope of peace in the
valley.
The first step to a solution must involve the cessation of violence in Kashmir. In
order to achieve this, there has to be action by all parties. On the Pakistani side there must
be an end to all support for terrorism in Kashmir. To achieve this, international pressure is
very important as it could put an end to the training camps and monetary assistance that
terrorist organizations have ample access to in Pakistan. There must also be a change in
the local mood in Pakistan and Kashmir that is seeking the establishment of Islamic rule
in Kashmir and the destruction of India rather than the betterment of the people of
Kashmir. This would restrict the popularity of these groups in Pakistan and would be
15
instrumental in putting an end to violence in Kashmir. This can only be brought about by
promoting education and secularism in Kashmir and in Pakistan. These concepts are
sadly quite contrary to the reality that governs Pakistan today.
Similarly, there must also be a change in Indian foreign policy. India must attempt
to resolve border disputes, and develop a friendly relationship with China before it can
set about resolving the Kashmir issue. As long as Pakistan and China remain allies and
have India as their common adversary, the strategic importance of Kashmir will not allow
any solution to the issue.
Simultaneously, the Indian government must also display greater involvement in
the state. It must consider the needs and wants of the Kashmiri people to make the people
feel recognized and a part of India. This would go a long way towards ending the sense of

alienation and neglect that looms over most people in the valley. This can be achieved by
sending greater humanitarian assistance to people in the valley, ending corruption,
injustice and inefficiency in the local administration. Investment in Kashmiri
infrastructure, in general, would improve the life of the people and would lead to less
resentment against India. The government must also bring the wanton abuse of Human
rights by Indian security forces into check. Such violations not only add to the communal
tension but also create distrust against the security forces trying to protect the people.
Furthermore, the Indian government has vehemently opposed and prevented any
16
plebiscite or even unofficial polls regarding the desire of the people to accede to Pakistan.
This creates an impression of illegal occupation of the region by Indian forces. India must
change this policy and keep an open mind towards a plebiscite in Kashmir.
India must also try to end the small but resilient pockets of discrimination against
Muslims in the rest of India. Recently, there were riots against Muslims in the western
state of Gujarat. These riots, which lead to the death of thousands of Muslims, inflamed
communal tensions in the rest of the country, especially in Kashmir. This adds to the
hatred between the communities and also leads to an increase in terrorism related
violence in the valley. As a result, India must also take steps to promote secularism in the
country, especially in Kashmir.
Steps must be taken to resume normalcy in Kashmir. This would be greatly
facilitated by withdrawing security forces from the state if violence in the region
decreases. Furthermore, the Hindu population displaced from Kashmir should be resettled

into their original homes. This is very important as this would breed religious tolerance
and also greatly contribute to the economy of Kashmir.
Furthermore, the territorial dispute should also be resolved. This is important as it
would lend a sense of identity to the people of Kashmir. These people sorely lack a sense
of identity which adds to feeling of resentment and hatred against India. There are many
proposed approaches to achieve each of the above steps. However, every option must be
reviewed carefully and an amicable solution between both countries must be found.
17
Latest developments
Recently, there has been remarkable progress towards peace in Kashmir. The U.S.
led war on terror has been a blessing in disguise. It has provided Pakistan with an
opportunity to sever all links with terrorist organizations. Additionally, the global
pressure on terrorism has started limiting the access to financial and logistical support for
terrorists. In an unprecedented move, the Pakistani president, General Pervez Musharraf
has proposed a possible solution to the territorial dispute. His proposal for the
demilitarization of Kashmir and the division of territory between the two countries,
though not perfect, is being hailed worldwide as the first step towards a peaceful
resolution to the half century old dispute between India and Pakistan. His proposal
includes the identification of areas around the LoC that are either to be jointly controlled
or given independent status or be put under U.N. mandate10.
Furthermore, the Indian and Pakistani premiers met for the first time in two and a
half years. They have promised further talks. There is also going to be expansion of, track
II diplomacy, confidence building measures and transportation and communication links

between the two countries. In reciprocation, India has withdrawn some of its troops from
the valley12. All these steps promise a great deal of potential for a resolution to the issue.
However, no concrete steps directly dealing with the problem have been undertaken, and
until such steps become visible progress will be impossible.
As one can see, Kashmir is a highly complex and intricate dispute between two
18
nuclear powers. It is a delicate issue that must be tackled on a variety of fronts. Despite
all the death and destruction witnessed by the Kashmir Valley, hope for a peaceful
resolution to the dispute still exist

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Appendix I: List of Works Cited/Bibliography
1) Pakistan Alert Network: Kashmir Demographic Data Kashmir
http://www.pakalert.net/articles/demodate_kashmir.asp
2) Reserve Bank of India, Yearly bulletin, 2003
3) Pakistan and the United Nations on Kashmir, Abdul Hamid Khan, SAAG
March 2003
4) Kashmir: Distortions and Reality, Dinanath Raina
5) Twist with Destiny, The Pioneer, Nov. 9th 2003
6) United States obsession with the Kashmir issue: An analysis, Dr. Subhash
Kapila, SAAG Jan 2002
7) A white paper on Kashmir, Dr. M.K. Teng and C.K. Gadoo
8) Amnesty International Report 2003: India
9) Jammu and Kashmir assessment:2003, South Asia Terrorism Portal
http://www.satp.org/satporgtp/countries/india/states/jandk/index.html#
10) Govt. gives guarded response to Musharrafs peace proposal on Kashmir, Oct
26 2004, PTI news service
11) Kashmirs 14 year death toll rises to 66,000, 4th Nov. 2004, Associated Press
12) India pulls back Kashmir troops, BBC News, 17th Nov. 2004

13) Institute of Peace and Conflict studies Terrorism Project, Article 566
14) JKLF, Kashmir Herald, Volume 1-No. 10,

March 2002

15) Government of India and government of Pakistan websites

20
Appendix II: Map of the region (University of Texas Library)

21

Appendix III: Copy of instrument of Accession of Kashmir to India

Whereas the Indian Independence Act, 1947, provides that as from the fifteenth day of August,
1947, there shall be set up an independent Dominion known as INDIA, and that the Government
of India Act, 1935, shall, with such omission, additions, adaptations and modifications as the
Governor-General may by order specify, be applicable to the Dominion of India,
And whereas the Government of India Act, 1935, as so adapted, by the Governor General
provides that an Indian State may accede to the Dominion of India by an Instrument of Accession
executed by the Ruler thereof :
Now, therefore, I Shriman Inder Mahander Rajrajeshwar Maharajadhiraj Shri Hari Singhji Jammu
and Kashmir Naresh Tatha Tibbet adi Deshadhipathi, Ruler of Jammu and Kashmir State, in the
exercise of my Sovereignty in and over my said State do hereby execute this my Instrument of
Accession; and
1. I hereby declare that I accede to the Dominion of India with the intent that the GovernorGeneral of India, the Dominion Legislature, the Federal Court and any other Dominion authority
established for the purposes of the Dominion shall, by virtue of this my Instrument of Accession
but subject always to the terms thereof, and for the purposes only of the Dominion, exercise in
relation to the State of Jammu and Kashmir (hereinafter refrred to as "this State") such functions
as may be vested in them by or under the Government of India Act, 1935, as in force in the
Dominion of India, on the 15th Day of August 1947, (which Act as so in force is hereafter referred
to as "the Act").
2. I hereby assume the obligation of ensuring that due effect is given to provisions of the Act
within this State so far as they are applicable therein by virtue of this my Instrument of Accession.
3. I accept the matters specified in the scheduled hereto as the matters with respect to which the
Dominion Legislature may make laws for this State.
4. I hereby declare that I accede to the Dominion of India on the assurance that if an agreement
is made between the Governor-General and the Ruler of this State whereby any functions in
relation to the administration in this State of any law of the Dominion Legislature shall be
exercised by the Ruler of this State, then any such agreement shall be deemed to form part of
this Instrument and shall be construed and have effect accordingly.
5. The terms of this my Instrument of Accession shall not be varied by any amendment of the Act
or the Indian Independence Act, 1947, unless such amendment is accepted by me by Instrument
supplementary to this Instrument.
6. Nothing in this Instrument shall empower the Dominion Legislature to make any law for this
State authorising the compulsory acquisition of land for any purpose, but I hereby undertake that
should the Dominion for the purpose of a Dominion law which applies in this State deem it
necessary to acquire any land, I will at their request acquire the land at their expense, or, if the
land belongs to me transfer it to them on such terms as may be agreed or, in default of
agreement, determined by an arbitrator to be appointed by the Chief justice of India.

7. Nothing in this Instrument shall be deemed to commit in any way to acceptance of any future

22
constitution of India or to fetter my discretion to enter into arrangement with the Government of
India under any such future constitution.
8. Nothing in this Instrument affects the continuance of my Sovereignty in and over this State, or,
save as provided by or under this Instrument, the exercise of any powers, authority and rights
now enjoyed by me as Ruler of this State or the validity of any law at present in force in this State.
9. I hereby declare that I execute this Instrument on behalf of this State and that any reference in
this Instrument to me or to the Ruler of the State is to be construed as including a reference to my
heirs and successors.
Given under my hand this 26th day of October, nineteen hundred and forty-seven.
Hari Singh,
Maharajadhiraj of Jammu and Kashmir State.
Acceptance of Accession by the Governor-General of India
I do hereby accept this Instrument of Accession.
Dated this twenty-seventh day of October, nineteen hundred and forty-seven.
Mountbatten of Burma,
Governor-General of India.

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