An Analysis of the Kashmir Issue and A Possible Path To Peace.doc

8/16/2019 An Analysis of the Kashmir Issue and A Possible Path To Peace.doc

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Engr. 297A

Prof. Bruce P. Lusignan

War and Peace: An Analysis Of The Kashmir ssue

And A Possi!le Pa"h To Peace

By: Iveshu R. Bhatia

Dated: Friday, December 3rd 2004

Ta!le of #on"en"s


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To$ic 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 dispute…

!ther factors supporting the rise of terrorism in Kashmir……….1"

Impact of terrorism and the pro#y $ar……………………………..1%

Potential steps to$ards a peaceful solution………………………..1&

'atest de(elopments………………………………………………….1)

Appendi# I* 'ist of Works +ited,iliography……………….......%"

Appendi# II* /ap of the region.……………………………………%1

Appendi# III* +opy of instrument of Accession of Kashmir to India…%%

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

Possi!le Pa"h 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


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territorial dispute between India and Pakistan, it has evolved into a multifaceted 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 o the re!ion

Kashmir is a landlocked region in South Asia, sandwiched between India,

Pakistan, Afghanistan and !hina. It is spread across an area of "#,$$$ s%uare miles, an

area bigger than "& sovereign countries'. Kashmir is home to almost thirteen million

people'. Though mostly (uslim, the state also has significant )indu, *uddhist and Sikh

populations. !radled by the mighty )imalayas and fed by rivers like the Satlu+ and Indus,

Kashmir, has often been described as a Paradise on -arth. )owever, terrorism and a

border dispute between India and Pakistan have given this very paradise the name )ell

on -arth. /ith a predominantly agrarian population, the per capita income of Kashmir is

less than '$$ 0.S. 1ollars2. (ost of the population is forced to live under immense

s%ualor and oppression. This has made Kashmir one of the most controversial and hotly

'

debated topics in South Asia, a region home to almost a %uarter of the worlds population.

In order to understand the current situation in Kashmir, it is necessary to

understand the history of the region. The *ritish sold Kashmir to (ahara+ah 3hulab

Singh in '"4#. Subse%uently, (ahara+ah 3hulab Singh established himself as the

independent princely ruler of Kashmir. This was done through the famous treaty of

Amritsar 4. After 3hulab Singhs death, his kingdom passed on to his successors and was

ultimately ruled by (ahara+ah )ari Singh until '545. These rulers were known to be


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tyrannical and oppressive. In '56', there was even a revolt and general unrest amongst

the ma+ority (uslim population.

In '54&, the South Asian portion of the *ritish -mpire was divided between India

and Pakistan. (ahara+ah )ari Singh was advised to consider contiguous dominion,

religious and ethnic issues when deciding which territory to accede to. *oth India and

Pakistan applied pressure to get )ari Singh to accede to them respectively. )owever,

(ahara+ah )ari Singh remained neutral and did not accede to either dominion. As a

result, Pakistan attempted to anne7 Kashmir and sent large number of tribesmen and

Pakistani army regulars to overthrow )ari Singh, and make Kashmir a part of Pakistan.

At this point, the (ahara+ah made an offer to accede to the Indian union in e7change 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 subse%uent war in

2

'54" lead to the creation of a highly unstable and dangerous rivalry in the Indian

subcontinent.

In '54", Indian forces successfully thwarted the incursion by Pakistan and were

even ready to invade (irpur and (u8affarabad 9now in Pakistan: ;. )owever,


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(eanwhile, Kashmir has in effect been divided into A8ad Kashmir controlled by

Pakistan 9also known as Pakistan occupied Kashmir in India: and =ammu > Kashmir 9A

part of the Indian 0nion, also known as India occupied Kashmir in Pakistan:. The de

facto border between these two regions was called the ?o! 9?ine of !ontrol:. This

division stands today and is unofficially accepted as the border between the two

countries. )owever, 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 '54".

"hy is Kashmir so im#ortant$

Kashmir is strategically important to India and Pakistan. Kashmir provides

Pakistan with much needed waters to irrigate the fertile plains of Pun+ab. The Indus and

6

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.

@urthermore, the Silk oute, the primary land link between Pakistan and !hina

passes through Kashmir. This is very significant because !hina has border disputes with

India and is also a ma+or diplomatic and military ally for Pakistan. The Silk route allows

!hina to maintain an aggressive posture towards India, its biggest regional rival. An

instance displaying the strategic importance of the Silk oute was when Pakistan

reopened the road in '5#;. Pakistan handed over complete control of 3ilgit, a modern air

force base on this route, to !hina4. This is very important as today 3ilgit is the point from

which !hina can penetrate deepest into Indian territory4. This significantly neutrali8es the


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natural security created by the )imalayan range over north India. Interestingly, this move

was made only when border tensions erupted between India and !hina in the '5#$s. The

Silk oute also strengthens Pakistans relationship and trade with !hina.

There are many other areas in Kashmir that have ma+or geopolitical significance.

Bne such area is the Siachen 3lacier in the Karakoram Pass. It is the only barrier

preventing Pakistani and !hinese forces from linking up in Kashmir 4. If Pakistan and

!hina 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 +oint and potentially decisive military action against India.

Additionally, the strategic importance of Kashmir e7tends beyond South Asia and

onto the global stage. The anne7ation of Kashmir by Pakistan or the creation of an

independent state would create a continuous block of potential Islamic fundamentalist

regions e7tending all the way from (orocco to (alaysia. 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 #. 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 e7tend its

influence beyond the (iddle -ast to !entral Asia and the western border of !hina.


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)owever, another report dismissed the idea as establishing a military base in the valley

would be far too e7pensive 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 '5"$s Pakistan was a ma+or cold war ally for the

west and was instrumental in the fight against the Soviets in Afghanistan. India in

contrast was largely nonaligned with a bias favoring the Soviet 0nion. As a result, the

west rewarded Pakistan for its support by reversing its stand on the Kashmir issue to

;

support Pakistan after a period of relative detachment from the dispute #. It also became

more tolerant of Pakistans tacit support to cross border violence. In the '55$s as western

relations with Pakistan became strained and the Soviet 0nion 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 #.

)owever, more recently, the west has released some pressure on Pakistan to crack down

on terrorist organi8ations in Kashmir. This seems to be in response to Pakistans support

in the recent war on terror and the reali8ation that the Pakistani government may not

have as much control over these terrorists organi8ations 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.

*esides 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


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subcontinent. Pakistan has suffered defeats in previous wars with India over Kashmir.

Pakistan and India have developed a universal enmity and rivalry e7tending across all

spheres of life. As a result, Kashmir has come to represent very high stakes for both

countries in terms of national pride.

#

Ana%ysis o terrorism in Kashmir and the India&'a(istan dis#ute

All these reasons have caused numerous wars and untold death and destruction for

both India and Pakistan. )owever, the biggest fallout of the above factors has been

rampant terrorism and the related pro7y war between Pakistan and India since '5"".

Terrorism has ravaged the valley and its people. This terrorism is not aimed at directly

gaining any strategic advantage or territory from India. ather, it is aimed at terrori8ing

and e7terminating innocent and moderate Kashmiris to convert Kashmir into a radical

Islamist region

&

. Such a region would automatically be at odds with a secular, passive

and )indu dominated country like India. The region would therefore, naturally secede

from India and possibly +oin Pakistan. This pro7y war which employs the techni%ue 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 e7perience peace and security.

This war is far more sophisticated and organi8ed than the genocide in !ongo and

conflict in the 3a8a strip. 1uring the late eighties and early nineties, the Pakistani

government and army, through the I.S.I. 9Inter Services Intelligence:, helped set up an


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entire terrorist network in Kashmir. eports suggest that the I.S.I. had setup a war council

consisting of appro7imately seventy hardcore terrorists 4. The I.S.I. has worked in

con+unction with this terrorist network to achieve two ma+or ob+ectives. The first

&

ob+ective is the removal of all non(ulims from the Kashmir valley, and the severing of

all connections to the central government &. *y 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 ob+ective is to neutrali8e 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.

(any techni%ues have been employed to achieve these two ob+ectives. The most

important of these techni%ues is the establishment of a network of religious schools in the

valley. These religious schools re+ect 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 organi8ations 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 mos%ues throughout the valley 4. These mos%ues

are instrumental in spreading religious fundamentalism. Together, these mos%ues and

schools act as centers through which fundamentalism and violence have spread


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throughout Kashmir. These structures also act as important places for terrorist

organi8ations to recruit people. These recruits, after being

"

thoroughly indoctrinated and trained in terrorist training camps, add to the religious

hatred brewing in the valley. Simultaneously, terrorists are also destroying )indu temples

and systematically e7terminating )indus to erase any link between (uslims and )indus

in the valley&. This has further increased the communal tension in the valley.

*ehind the scenes, the I.S.I. and the Pakistani army are supervising, controlling

and supporting these terrorist organi8ations. They have armed the terrorists with the

latest weapons and provide cover fire to help them infiltrate the ?.B.!. into India'6. The

I.S.I. coordinates between different terrorist organi8ations 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 ;,$$$

terrorists in various camps located in Pakistani Pun+ab and the


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5

These fundamentalists discriminate against non (uslims 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 '555, Security

@orces recovered pay books and I.1. cards establishing the militants and freedom

fighters as regular soldiers in the Pakistani Army, specifically, the


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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 none7istent and corruption and religious

fundamentalism plague the public administrative machinery. 1uring the beginning of the

pro7y war, the state and central governments did little to help the people of Kashmir. The

ineffectiveness of the =anata 1al government, in power in '5"5, only worsened the

situation. The Indian central government displayed its weakness as it nearly collapsed

when terrorists kidnapped the daughter of the )ome (inister. In e7change for her safety,

the government readily e7changed five captured militants. This near collapse of the

!entral 3overnment, 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 (uslims in

Kashmir. This sense of alienation only adds to the hatred against )indus and India for the

(uslims in the valley, thus, supporting communal tension in the area. @urthermore, this

sense of alienation also encourages the terrorists to continue their activities.

3lobal politics have also played an important role in the pro7y 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. /hen the international community began to

stress that the Kashmiri people had become alienated, Pakistan began the pro7y war in

''

Kashmir while consistently maintaining that the terrorists were freedom fighters. This

created an impression in the international community that the people of Kashmir indeed


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wanted to accede from India. )owever, towards the end of the !linton administration, the

west, led by the 0nited States began to follow a policy of non interference that supported

a bilateral resolution of the dispute as preferred by India. This was e7tremely detrimental

to Pakistan. As a result, Pakistan began to pro+ect Kashmir as a ma+or humanitarian

disaster like Kosovo. It claimed that the people of Kashmir had been completely alienated

by the rest of the country. 1uring this period, attacks against innocent civilians were

stepped up and India was pro+ected as performing gross civil rights abuses in Kashmir.

)owever, during the same period terrorists were systematically eliminating non (uslims

in the valley. They were spreading terror throughout the state to create the impression of a

purely (uslim region in a )indu 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 *osnia. 1irect western military involvement would be e7tremely

beneficial to Pakistani interests as the valley is still mostly in Indian possession. Thus, in

a sense, the current pro7y war in Kashmir is also influenced by global politics.

Im#act o terrorism and the #ro*y +ar

In the beginning, only high ranking Indian officials like the Inspector 3eneral of

Police and a !olonel in the army were targeted. )owever, militants eventually began to

kill innocent )indu Pandits and Sikhs. They began to perform religious genocide and

'2

caused a mass e7odus of )indus and Sikhs from the region. Several hundred thousand of

them live in refugee camps outside 1elhi today&.

The pro7y 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


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by the people in the area. According to official statistics nearly ##,$$$ people have been

killed in Kashmir since '55$''. Terrorists have sub+ected innocent Kashmiris 9)indus,

Sikhs and moderate (uslims: 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 )uman ights and other international laws as

they debased and dehumani8es 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 sub+ect to severe

torture and persecution. Such people, often Sikhs and )indus, 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 e7odus of nearly 6;$,$$$

Kashmiri Pundits from the region&. Since '5"" this destruction has shown no sign of

'6

letting up.

As a result of terrorism, Kashmir has also become one of the most militari8ed

regions in the world. There are nearly '"$,$$$ to 6;$,$$$ troops stationed in Kashmir '2.

oadblocks and checkpoints have isolated the region and make movement nearly

impossible.


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have been known to commit severe human rights violations in Kashmir. An Amnesty

International report says that CSecurity forces continued to en+oy virtual impunity for

human rights abuses as a result of provisions contained in special security laws, including

PBTA, as well as in the Protection of )uman ights Act.D " Indian security forces have

been known to commit rape, perform e7tra+udicial e7ecutions and detain people without

proper trial or treatment. Such gross violations of )uman ights further add to communal

tension in the valley and worsen the situation.

In this manner, the pro7y war waged by Pakistan has been largely successful in

achieving its ob+ectives. It has mostly erased secularism in the valley thus destroying all

commitment to a united and multireligious 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 li%uidation and e7odus of the )indu

population has made the predominantly Sufi (uslims in the valley more susceptible to

'4

religious fundamentalism. (ost importantly, a (uslim rather than secular Kashmiri

identity for the state has been created. The terrorists have thus effectively taken a ma+or

step towards making Kashmir a part of the fundamentalist part of the Islamic world rather

than a secular state in the Indian union.

'otentia% ste#s to+ards a #eaceu% so%ution

It is %uite evident that the Kashmir issue has evolved over time. I t has changed

from a relatively simple territorial dispute to a far more comple7 cultural, religious and

political issue having global implications. Any solution simply resolving the territorial


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dispute would be inade%uate. 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. Bn 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 organi8ations 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

';

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 %uite 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 !hina before it can

set about resolving the Kashmir issue. As long as Pakistan and !hina 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 recogni8ed and a part of India. This would go a long way towards ending the sense of


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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,

in+ustice 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 )uman

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.

@urthermore, the Indian government has vehemently opposed and prevented any

'#

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

(uslims in the rest of India. ecently, there were riots against (uslims in the western

state of 3u+arat. These riots, which lead to the death of thousands of (uslims, 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. @urthermore, the )indu population displaced from Kashmir should be resettled


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into their original homes. This is very important as this would breed religious tolerance

and also greatly contribute to the economy of Kashmir.

@urthermore, 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. )owever, every option must be

reviewed carefully and an amicable solution between both countries must be found.

'&

atest deve%o#ments

ecently, there has been remarkable progress towards peace in Kashmir. The 0.S.

led war on terror has been a blessing in disguise. It has provided Pakistan with an

opportunity to sever all links with terrorist organi8ations. 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, 3eneral Perve8 (usharraf

has proposed a possible solution to the territorial dispute. )is proposal for the

demilitari8ation 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. )is proposal

includes the identification of areas around the ?o! that are either to be +ointly controlled

or given independent status or be put under 0.


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between the two countries. In reciprocation, India has withdrawn some of its troops from

the valley'2. All these steps promise a great deal of potential for a resolution to the issue.

)owever, 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 comple7 and intricate dispute between two

'"

nuclear powers. It is a delicate issue that must be tackled on a variety of fronts. 1espite

all the death and destruction witnessed by the Kashmir Ealley, hope for a peaceful

resolution to the dispute still e7ist


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'5

A##endi* I: ist o "or(s -itedBib%io!ra#hy

': Pakistan Alert


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'6: Institute of Peace and !onflict studies Terrorism Pro+ect, Article ;##

'4: =K?@, Kashmir )erald, Eolume '


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2'


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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 knon as I!DIA, and that the "overnmentof India Act, 19#$, shall, ith such omission, additions, adaptations and modifications as the"overnor%"eneral may by order specify, be applicable to the Dominion of India,

And hereas the "overnment of India Act, 19#$, as so adapted, by the "overnor "eneralprovides that an Indian &tate may accede to the Dominion of India by an Instrument of Accessione'ecuted by the (uler thereof )

!o, therefore, I &hriman Inder *ahander (a+ra+eshar *ahara+adhira+ &hri ari &ingh+i -ammuand .ashmir !aresh /atha /ibbet adi Deshadhipathi, (uler of -ammu and .ashmir &tate, in thee'ercise of my &overeignty in and over my said &tate do hereby e'ecute this my Instrument of

Accession0 and

1 I hereby declare that I accede to the Dominion of India ith the intent that the "overnor%"eneral of India, the Dominion 2egislature, the 3ederal ourt and any other Dominion authorityestablished for the purposes of the Dominion shall, by virtue of this my Instrument of Accessionbut sub+ect alays to the terms thereof, and for the purposes only of the Dominion, e'ercise inrelation to the &tate of -ammu and .ashmir 5hereinafter refrred to as 6this &tate6 such functionsas may be vested in them by or under the "overnment of India Act, 19#$, as in force in theDominion of India, on the 1$th Day of August 1947, 5hich Act as so in force is hereafter referredto as 6the Act6

8 I hereby assume the obligation of ensuring that due effect is given to provisions of the Actithin this &tate so far as they are applicable therein by virtue of this my Instrument of Accession

# I accept the matters specified in the scheduled hereto as the matters ith respect to hich theDominion 2egislature may make las for this &tate

4 I hereby declare that I accede to the Dominion of India on the assurance that if an agreementis made beteen the "overnor%"eneral and the (uler of this &tate hereby any functions inrelation to the administration in this &tate of any la of the Dominion 2egislature shall bee'ercised by the (uler of this &tate, then any such agreement shall be deemed to form part ofthis Instrument and shall be construed and have effect accordingly

$ /he terms of this my Instrument of Accession shall not be varied by any amendment of the Actor the Indian Independence Act, 1947, unless such amendment is accepted by me by Instrumentsupplementary to this Instrument

!othing in this Instrument shall empoer the Dominion 2egislature to make any la for this&tate authorising the compulsory ac:uisition of land for any purpose, but I hereby undertake thatshould the Dominion for the purpose of a Dominion la hich applies in this &tate deem itnecessary to ac:uire any land, I ill at their re:uest ac:uire the land at their e'pense, or, if theland belongs to me transfer it to them on such terms as may be agreed or, in default ofagreement, determined by an arbitrator to be appointed by the hief +ustice of India


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7 !othing in this Instrument shall be deemed to commit in any ay to acceptance of any future

22

constitution of India or to fetter my discretion to enter into arrangement ith the "overnment ofIndia under any such future constitution

; !othing in this Instrument affects the continuance of my &overeignty in and over this &tate, or,save as provided by or under this Instrument, the e'ercise of any poers, authority and rightsno en+oyed by me as (uler of this &tate or the validity of any la at present in force in this &tate

9 I hereby declare that I e'ecute this Instrument on behalf of this &tate and that any reference inthis Instrument to me or to the (uler of the &tate is to be construed as including a reference to myheirs 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 "overnor%"eneral of India

I do hereby accept this Instrument of Accession

!ated this t"enty-seventh day of October, nineteen hundred and forty-seven

Mountbatten of Burma,Governor-General of India.


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