The Instrument of Accession; Myth or Reality

[Neutron]

Decolonization
While tracing history of the state, one may find many discriminations and ruthless handling of Kashmiri masses at the hands of the Indian occupation forces. The current phase of sufferings of the Kashmiri people started with decolonization of Subcontinent in 1947. Decolonization of India was a difficult decision for the British Government; however, two factors obligated the latter to eventually vacate this strategically significant part of Asia. The first factor was the local protests against the protracted British rule that had transformed this particular colony into a nuisance for the crown. Sustenance of the colonies due to the fiscal retardation of the crown was imminent. Therefore, the British Government was compelled to announce the decolonization and the partition plan of India on June 3, 1947. This was followed by passing the Indian Independence Act by British Parliament on July 17, 1947. Article 1 of the Independence Act, paved the way for the decolonization of India and its partition into the two states, India and Pakistan. In its Article 7, the Independence Act declared the suzerainty of ‘His Majesty’ over the Indian states. According to this Article, suzerainty of His Majesty over the Princely States lapsed on August 15, 1947, sequel to which all treaties and agreements, which were enforced until the date of passing of this Act, between rulers of these state, and His Majesty also lapsed.

 

[Neutron]

Princely States
There were over five hundred sixty-five Princely states in British India at the time of its partition. According to Article 7 of the Indian Independence Act, all agreements between British Government with Princely states or their rulers lapsed on 15th of August 1947. The State of Jammu and Kashmir had ‘class A’ status, enjoying special autonomy and was sold to Gulab Singh by East India Company in 1846 through Kashmir Sale Deed (KDS). The provision of this article slabs Maharaja Sir Harisingh to be the legal ruler of the state after August 15, 1947. If he was not the legal ruler of the state, how could he sign the instrument of accession (if at all it was signed) with India? It is to be kept in mind that, this title to the state was granted to him by the British Government (East India Company) under the Treaty of Amritsar popularly known as the ‘Kashmir Sale Deed’ signed on 16 March 1846 and lapsed on of 15th August 1947

Majority of Muslims in Princely State of Jammu and Kashmir
Apart from above mentioned facts, Lord Mountbatten, the Last Viceroy of India, during his special meeting with Chamber of Princes in New Delhi on July 25, 1947, said that all Princely States were practically free to join any one of the dominions; India or Pakistan. Nevertheless, he clarified that, two pre-conditions have to be kept in consideration while acceding to any dominion. These pre-requisites include; the geographical contiguity of the Princely states and wishes of the subjects of these states. Owing to overwhelming Muslim population, both the factors in the former Princely State of Jammu and Kashmir were favouring its accession to Pakistan

Why it is said that, Kashmir is unfinished agenda of Indian partition
This aspect was violated by Lord Mountbatten himself, the subsequent Indian rulers and Maharaja Harisingh. This was indeed, the first violation of Indian Independence Act, the very basis of partition of India. This is why it is said that, Kashmir is unfinished agenda of Indian partition. Otherwise, the State of Jammu and Kashmir is not just a piece of land, the fate of which could be sealed or signed away through any Instrument of Accession, which has no legal value, even if it was ever signed before Indian invasion into the state. What could have been the deciding factor was the free will of people of the state, the right of self determination.

Whether the Instrument of Accession was really signed by the Maharaja or not?
Musings of the various scholars of the International Relations include the question of whether the Instrument of Accession was really signed by the Maharaja or not? From the perspective of international law, any treaty or an agreement once enter into force by a UN member, needs to be registered with the United Nations Secretariat. There exists no evidence, which proves that, Instrument of Accession was ever presented in the UNO or shared with Government of Pakistan. Furthermore, in 1995, India announced that, original copy of the Instrument of Accession had either been stolen or lost

 

[Indika]

Owing to overwhelming Muslim population, both the factors in the former

assumption, it is like saying afghans want to combine with pakistan bcos they are muslims. If it was true why did operation gibraltar fail?

right of self determination.

red herring, nothing more than that. Given that the situation has been changed drastically by driving out native kashmiri pandits , self determination is not feasible. It is like an election where you kill the opposition candidate and declare a win.

If pakistan wanted self determination why send tribal raiders?

Instrument of Accession was really signed by the Maharaja

If khan of kalats instrument of accession is legal whats different with that of kashmir? double standards?

Further more,
The Partition basis was that Muslims would move to Pakistan. As more Muslim stayed in India, the basis of partition collapsed than and there. Bangladesh creation busted it completely. Claim of Indian muslim on J&K is more than claim of minority Pakistani muslim. Bangladesh Muslim can technically also have claim.