MAHARAJA HARI SINGH; A TRIBUTE ON 50TH DEATH ANNIVERSARY By Ashique Hamdani Syed

Hamdani Sab you have done a great services. I, whole heartedly congratulate you for enlightening us on our historical past. Afzal Tahir

MAHARAJA HARI SINGH; A TRIBUTE ON 50^TH DEATH ANNIVERSARY

By Ashique Hamdani Syed

Great reformer, a nationalist and patriotic in spirit, the last ruler of independent State of Jammu Kashmir, His Highness Maharaja Hari Singh died, 50 years ago, on 26 April 1961.  He born on 23 September 1895 at the palace of Amar Mahal, Jammu, the only surviving son of General Raja Sir Amar Singh (14 January 1864-26 March 1909) who the younger son of General Maharajadhiraj Sri Sir Ranbir Singh and the brother of Lieutenant-General Maharajadhiraj Sri Sir Pratap Singh, then the Maharaja of Jammu and Kashmir.

EARLY LIFE AND EDUCATION

He got admission in Mayo College Ajmer in 1908, for attaining higher secondary education at the age of 13. His father General Raja Sir Amar Singh died, a year later in 1909, the British took a personal interest in his education and appointed Major H.K. Brar as his guardian. After Mayo College the ruler-in-waiting went to the Imperial Cadet Corps at Dehra Dun for military training, and by the age of 20, he had been appointed commander-in-chief of the Jammu and Kashmir state forces.

DIVERSITY OF STATE OF JAMMU KASHMIR

Jammu & Kashmir is a multi-ethnic, multi-religious state with 64% Muslims, 33% Hindus, and 3% Buddhists, Sikhs, Christians and others. There are three distinct geographical regions - Ladakh  (with 58% of the area, and 3% of the population), Jammu  (26% area, 45% population) and Kashmir  (16% area, 52% population. The primary languages of Ladakh  are Ladakhi and Balti, of Jammu: Dogri, and of Kashmir: Kashmiri. In addition, Gujari, Pahari, Punjabi, Shina and various dialects and mixed languages are also spoken by different ethnic groups within the state. Of the state's 49% who reside in the Kashmir province, about 13% are Shia Muslims.  Shias of Kargil who know of the poverty and degradation experienced by their ethnic siblings in Baltistan, 14% of the people in Kashmir province are the pastoral nomadic Gujar and Bakarwal people

REIGN OF HIS HIGHNESS MAHARAJA HARI SINGH

Maharaja Sir Pratap Singh, died in 1925, Sir Hari Singh succeeded to become Maharaja of State of Jammu and Kashmir. He initiated comprehensive economic, social, legal, administrative and political reforms. He made primary education compulsory in the State, introduced laws prohibiting child marriage. In a very short span of time, he introduced several new laws which modernize almost every branch of pubic affairs. He led state government in taking social welfare initiatives with prioritizing health and education sector.

AGRICULTURE REFORM

Maharaja Hari Singh set extraordinary attention to modernize the agriculture sector with decree of the Agriculturist's Relief Act that allowed a debtor to bring his creditors in a Court of Law for the settlement. Agriculturist's Relief Act freed the peasants and rural workers from the egocentricity of money lenders and creditors.

Next in a line “The Land Alienation Act” has forbidden the transfer of agricultural land to the non-agriculturists." The agriculturists also were granted with proprietary ownership rights and immunity from the taxes or levies of Nazrana and Malikana.  State Government encouraged providing loans for the improvements agricultural lands, livestock and rural economy with easy procedures and installments. The rural population and peasantry without land encouraged and allowed to dwell the Khalsa land with ownership rights.

“The Kahcharai Act” was also landmark step that removed the inequalities in circumstances applying of Kahcharai tax. It also granted exemption to the owners of livestock in respect of particular animals of a given number and age. For the improvement of livestock, a large number of bulls of Sindhi and Dhani breeds were distributed among certain peasants in some selected places.

The term of the land settlement was extended to forty years. Begar or forced labour was completely abolished. The activities of the Agriculture Department, which were initially restrained to the Kashmir Province only, were progressively extended to the Jammu and other northern provinces.

RURAL DEVELOPMENT REFORM

Maharaja Hari Singh empowered village panchayats, which then were used to resolve community conflicts in village life. Department of Rural Development was established in 1937, the panchayats were also associated with the implementation of plans for rural development.

ECONOMIC REFORMS

Development in trade and industry sectors got new focuses and numerous taxes were abolished. State Government encouraged purchasing local products from the local enterprises. Maharaja Hari Sing himself was keen for industrializations in Sate of Jammu Kashmir. Manufacturing units of matchboxes, tents, carpets, woodworks, crafts, tannery goods, silk yarn, food etc. were set upped during this period.  

Maharaja Hari Sing took a revolutionary by establishing “The Jammu and Kashmir Bank” in 1938 that took control over the government treasury. Branches The Jammu and Kashmir Bank were established in Srinagar, Jammu and other cities and towns in the state. These achievements brought an enormous incentive to industry, trade and local business, which further encouraged employment and social indexes of betterment. Industrial production was also increased significantly.

The State Government established a small silk factory in Jammu, with production unit in Srinagar, which expanded to four times of its original size. Besides providing employment to a large number of workers in the factory, it brought additional revenue to thousands of rural families who raisin cocoons. The opening of industrial centers and emporium in Srinagar in 1941 and later at Jammu further promoted the trade of the Kashmiri products.

Maharaja Hari Singh also paid much attention to tourism sector. The Jammu and Kashmir knows for its natural beauty all over the world that always is fascinating the tourists. The number of tourists who visited Kashmir during 1931-32 was 8,604. It rose to 24,659 during 1936-37. Realising the benefits accruing to the people as well as the state from tourism, the Government of Kashmir tried to develop it in a planned manner. Various schemes were launched to further the beauty of Srinagar and to develop Pahalgam and Gulmarg as ideal hill stations.

During the “Second World War” he paid significant attention to supply grain, wheat and rice at controlled price in state. Basic necessities, such as sugar and fuel, were also rationed. A special Price Control Department was created in order to fix the prices and regulate the distribution of the essential goods. The Maharaja also created a fund for the alleviation of distress of the poorest population.

INFRASTRUCTURE DEVELOPMENT REFORM

Maharaja Hari Singh initiated modern communication services of telegraph, telephone, and wireless to all the important cities and towns in the state. He was keen to build road, bridges, tunnel, hydro power station to facilitate his citizen with the best available technological solution and living standards.  Upon his advice “Flood Control Department” was also constituted.

CO-OPERATIVE SOCIETIES REFORM

The co-operative movement recorded a large growth and the number of cooperative credit societies in the state increase, to four thousand. Moreover, a large number of societies for the expansion of holdings, better living, education and marketing of agricultural products were also established across the state. A significant effort made by introducing  “The Right of Prior Purchase Act” which furnish the rights of rural population  in context  of agricultural land sales and purchase.

EDUCATIONAL REFORM

Maharaja Hari Singh has to be honored one among the great educationist in South Asia. He set primary education and secondary education free all over the state. Primary education was made also compulsory in 1930 for boys in all the municipal towns.

The Scholarship Selection Board was established and scholarships were granted to the deserving students for higher and technical education in India and abroad. Educational loans schemas were also introduced.

New schools, colleges and institutes were established to accommodate increasing number of students. A campaign against adult illiteracy was also launched with considerable success. Urdu language was made the medium of instruction in schools but students had the option of choosing either the Devnagri or the Persian scripts.

SOCIAL REFORM

Maharaja Hari Singh, great humanist of his age, addressed the issues of social evil such as torturing and trafficking of women, child marriage, low cost untouchables and others among the people of the state. To prevent female infanticide, the Maharaja constituted two committees in 1926 and 1929, which recommended including educating the people and severe action against the guilty of the crime. The Maharaja accepted both the recommendations. He also established the Dhandevi Memorial Fund for the marriage of girls. He might always be admirable for prevention of child- smoking.

Maharaja Hari Singh, alongside taken the issue of child marriage up and promulgated an ordinance in which the marriage of boys and girls under 18 and 14 years respectively was prohibited, and its breach was punishable by one year's imprisonment or fine up to rupees one thousand or both. The Maharaja was the first ruler and reformer in Indian sub-continent who introduced the legislation against such category of social evils. To curb women and children trafficking to engage them in prostitution and organizing prostitution business were declared punishable crimes. Encouraging or assisting in seduction or prostitution of minor girls was also declared crime and subject of punishment.

Maharaja Hari Singh took bold step against the evil of untouchably traditions common against the low cost communities. He opened all public schools, colleges, and wells to the untouchables in 1931. The next year, all the state temples were also thrown open to them, lastly in 1940 he proclaimed untouchability a crime. His removal of legal disabilities on the marriages of Hindu widows, were regarded a doctrine in Sub-continent.

HEALTH REFORM

The number of hospitals and medical dispensaries were also increased during the reign of Maharaja Hari Sing. Mother health was a unique initiative and first ever a maternity block was opened in Srinagar. The number of hospitals and medical dispensaries together with qualified doctors and nurses were significantly increased. The Maharaja Hari Singh Hospital, one of the largest hospitals in Sub- continent, with 320 beds, was inaugurated in Srinagar in 1945. The State Of Jammu and Kashmir was distinguished by establishing “Tuberculoses Department” in whole of Indian Sub-continent. Maharaja Gulab Singh Hospital had also been opened at Jammu, earlier in 1943.

Special group of medical professional were established to handle the epidemic diseases and plague in various regions of State. An anti-plague plan was initiated with large achievements. In 1935, cholera broke out in Kashmir and 1.5 million injections were carried out, which the highest number that done anywhere at one time.

Maharaja Hari Sing understood that clean water is highly important in good health and water is contributing in spreading most diseases. He made great efforts to boost the supply of unpolluted and clean drinking water. A special branch was created in the Power and Water Department (PWD), to resolve this particular concern. A tube-well was bored in Jammu. Tanks and wells were also constructed. Large grants were provided for the improvement of water-supply in Srinagar and other cities of state. There were significant expansion in the water-supply, fire-protection and electric safety works.

ADMINISTRATIVE REFORM

Maharaja Hari Singh initiated to replace a totalitarian administration into more secular and non communal practices. The strike of workers of Srinagar silk factory in 1924 was turning point of political and economic dissatisfaction in state. Indian National Congress and the All India Muslim League inflated in state. Political awareness embarks to rise on among the people of Jammu and Kashmir.

Maharaja Hari Singh put his early focus upon the administrative reforms in state. The lack of local professionals and trained officers and administrator became seriously disadvantaged against the growth of various reforms since the time of Ranbir Singh. This crisis sharpened more during Pratap Singh's reign when Urdu and English languages was declared the court and official languages respectively. English language was declared necessary in the civil services of state that caused a large number of employments from outsiders of the State. There was certain number of schools and colleges offering western education in the state, producing good number of locally educated young students every year, which was not sufficient to appropriate employment that gradually under the dominance of the alien from the Sub-continent. These generate a mass wave of local anger against the outsiders. The crisis was resolved by the government which decided that only inborn state-subject holders could be employed in the state civil services. Inborn state-subject holders were defined as “one who had been either born and residing in the state before 1846 or settled therein before 1885”.

Muslims of Kashmir were traditionally educated in Persian and opted   western education not as earlier, which caused them obstruction and living behind in comparison with other communities to their representation in the state services.

Nobility of the Kashmiri Muslim community moved toward the government in 1929 with demand of reserving quota in the state services for the Muslims. The government refused this justified demand of Kashmiri Muslim that led a wave of antagonism among the Muslim youth to turn out communal riots in Srinagar in July 1931. Afterward anti-Government disturbance also took place in different regions of State.

Maharaja Hari Singh took a serious notice the agitations, which earlier were suppressed and appointed a Commission to enquire into the grievances of the Kashmiri Muslims and other communities. The Commission recommendations concluded for a "fair and adequate representation in services to all the communities, grant of freedom of press and platform, return of the confiscated religious sites and establishment of a representative Assembly".

Maharaja Hari Singh voluntarily accepted these recommendations by his proclamation, which declared on July 9, 1931 that "while in the matter of services prior consideration is and always shall be given to public interest, and the obligation of maintaining the efficiency of the administration at the highest possible level can never be overlooked, the police of his government would be to give adequate representation to all communities in the services without giving any preponderance to any community". New rules of state services were framed accordingly. He appointed Molvi Abdul Rahim, one of the leaders of the 1931 agitation, as a judge in 1934.

Continuing expansion in the representation of the Kashmiri Muslims in the Civil Services became significant as in April, 1932 there were 3,052 Muslim officials, including 55 gazetted ranks, out of a total strength of 8,683. Their number rose to 5070, including 150 gazetted officials, out of 13,790 in April 1945, giving them about 40% representation in the total strength of the State Civil Services.

POLITICAL REFORM

Although Muslim elite became satisfy with the Administrative reforms of the Maharaja, but yet had discontentment with political system in state. Muslim nobility established All Jammu and Kashmir Muslim Conference in October 1932 under the leadership of Sheikh Mohammad Abdullah.

Since the early days of 1846 to 1889 the state government was run by Maharaja's personal assignees and advisors headed by a Prime Minister. It was the Mahraja Pratap Singh who shared his powers to State Council In 1889, which an effort to regulate the conduct of the administration. Each member of State Council held charge of a number of departments. With a short break from 1905 to 1922, this arrangement continued till 1934.

Maharaja Hari Singh endorsed the formation of a Legislative Assembly called the Jammu and Kashmir Praja Sabha in 1934. The Praja Sabha which earlier declared as recommendatory body was consisted upon 75 members-12 government officials, 16 state councilors, and 14 nominated and 33 elected members. The last were named categorically including with 21 Muslims, 10 Hindus and 2 Sikhs.

The Muslim Conference won 14 seats out of 21 reserved for the Muslim In the first elections to the Praja Sabha, in 1934 covering 3 to 6 per cent of the population. In the next election of 1936, it was able to raise its strength to 19. This established the claim of the Conference to be called the major political party in the State. In June, 1939, however Sheikh Mohammad Abdullah dissociated himself from the Muslim Conference and established a new party, the National Conference, which succeeded in securing a large following. It demanded that the Praja Sabha be given more powers, and that it be composed entirely of members elected by adult pollution based on a joint electorate, with some seats reserved for the minorities.

Respecting popular demand, the number of elected seats of the Praia Sabha was increased from 33 to 40 in 1939. Its powers were also enhanced and non-official members were more closely associated with the state administration to work as under-secretaries. Praia Sabha was empowered to make laws for the state subjects, pass all legislation pertaining to the taxes as distinguished from fees and penalties, and to vote on the demands made by the government for budgetary allocations with the exceptions of a few non-voted bills. A noteworthy step towards the establishment of a popular government was, however, taken in 1944. On October 2, that year, Maharaja Hari Singh sent the following message to the Praja Sabha:

"I have after careful consideration decided to call upon the Praia Sabha to nominate a panel of six (three to be Muslims) of its members, three from Jammu and three from Kashmir (including the Frontier District). The Assembly will determine its own procedure for nominating the panel, official members taken no part in the proceedings. Out of the panel so nominated I shall appoint two (one of whom will be a Muslim) as my Ministers. These Ministers will hold charge of portfolios to be determined by me. They will draw the usual salary of Ministers unless the Praja Sabha desires to vary it, in which case the Sabha may submit its recommendations to me through the usual channels. The Ministers so appointed by me, while if they still continue to be members of the Sabha, they will be eligible for re-appointment".

This message was welcomed with great enthusiasms by all of political groups in of the Assembly and led to the appointment of Mirza Afzel Beg from National Conference and Ganga Ram, Dogra politician as the Ministers. Changes were introduced in the constitution of the municipal committees as well by establishing same criteria of the voter eligibility as set it for the Praja Sabha elections.

FOREIGN POLICY

Maharaja Hari Singh assisted the British and its allied United Sates and Soviet Union against the German during the Second World War with armed forces and funds. He also personally visited the Middle East in 1941 to enhance the spirits of his solders combating on the war front. In 1944 he again visited abroad, and met a section of his troops in Persia.

DILEMMA OF INDIAN POLITICS AND BRITISH EMPIRE 

Indian National Congress under the leadership of Mahatma Gandhi and Jawahar Lal Nehru was struggling for free, secular and democratic India, whereas the Muslim League under Mohammad Ali Jinah stood for the partition and creation of Pakistan on the basis of religion. The state of Jammu Kashmir became a subject of this conflicting struggle. The National Conference of Kashmir positioned for secularism and progressively moved toward to the Indian National Congress. Jawahar Lal Nehru visited Kashmir in 1940 that followed by Mohammad Ali Jinah, who also visited Kashmir in 1944.

National Conference launched, on the pattern of Quit India movement of 1942, a "Quit Kashmir" movement against Maharaja Hari Singh in May 1946. The State Government arrested Sheikh Mohammad Abdullah. Jawahar Lal Nehru came to Kashmir in support of the movement.

PARTITION OF INDIA; PRICE OF COLONIALISM

In 1947 India was divided in two dominion states run by Governor Generals as representative of British Crown. Jammu and Kashmir had the option to join either India or Pakistan or remain independent. Maharajah Hari Singh was committed to maintain independence of State of Jammu Kashmir from the control of both eitherIndia or Pakistan.

Maharaja Hari Singh was, thus faced with another problem; he was required to decide whether he should join India or Pakistan or remain independent. Lord Mountbatten, the last British Viceroy of India, flew to Srinagar on June 19, 1947. On August 12, however, he tried to enter into a "standstill agreement" with both India and Pakistan. Pakistan agreed to "standstill agreement" but On September 18, the state came under an economic blockade when Pakistan suspended supplies of all its essential commodities to the state.

PAKISTAN INVASION IN KASHMIR 

Pakistan violated the Standstill Agreement on October 22, 1947 by preventing essential supplies to the State, and then invaded its armed tribesman who entered in Kashmir. A huge number of tribesmen, equipped with modern weapons, invaded in Kashmir from the side of Abbottabad.

The situation compelled the Maharaja to seek the help of India with joining the Indian Union on October, 26 with a request of temporary accession to provide urgent military assistances. The first group of the Indian forces was flown to Srinagar on 27^th October by then tribal invaders had already reached Baramulla. On November 7, the Indian forces fought a successful battle with the tribesmen. And by the end of March 1948, the latter were pushed back from a major portion of the ' state territory. Finding the tribesmen in a hopeless condition, Pakistan's regular army also entered into Kashmir to help his tribesmen in May 1948.

Meanwhile, Sheikh Mohammad Abdullah was released from prison and appointed as the Prime Minister, and an Interim Government was set on March 5, 1948. The battle against the invaders continued till January 1, 1949, when a ceasefire was declared at the intervention of the Security Council of the United Nations. This left Muzaffarabad, Gilgit, Mirpur and part of Poonch under the total control of Pakistan.

Maharaja Hari Singh went into exile as the Kashmir question placed in the United Nations. Dr. Karan Singh, his son, took over as Regent of the State on June 20, 1949. Maharaja Hari Singh was great reformer, a nationalist and patriotic in spirit, betrayed by both Pakistan and India in theirs commitments. Maharaja Hari Singh breathed his last at Bombay on April 26, 1961.

50^th Anniversary of His Highness Maharaja Hari Singh invites the people of state of Jammu Kashmir to review the history and future of our nation.

Appendix

JAMMU AND KASHMIR PRAJA SABHA ELECTION RULES

Legal Document No 53

(Extract)

QUALIFICATIONS OF ELECTORATES

I. No person shall be entitled to be registered as an elector on the Electoral Roll of a general or special constituency who:

1. is not a State-subject to any class as defined in Noti-fication I-L/1984, dated Jammu the 18th April 1927; or
2. has not attained the age of 21 years on the first day of Baisakh of the year in which the general elections are held; or
3. has been adjudged by a competent court to be of unsound mind; or
4. if a female, has not passed the Third Middle Examination or any other examination mentioned in Rule 11 t7).

II. Every person who is not subject to any of the disqualifications mentioned in rule 1 shall be entitled to be registered as an elector in the Electoral Roll of a general or special constituency if he resides or carries on business within that constituency:

(i) In the case of a general constituency:

1. is a Zaildar, or Safed-Posh, or Lambardar, and is not under suspension, or
2. is an Imam of a Mosque or Mufti or Qazi or an Adhishthata of a temple, or a Bhai or Granthi of a Gurdwara, or an ordained Minister of the Christian Church who has been acting as such for a period of not less than six months prior to first Baisakh of the year in which the general elections are held, or
3. is a recognised title-holder, or
4. is a retired or pensioned Officer, non-commissioned Officer or soldier or His Majesty's or His Highness' regular forces provided that he has not been discharged therefrom with ignominy.

Explanations

The term "regular forces" used in clause 4 of the foregoing Rule shall include the subjects of Jammu and Kashmir State serving as commissioned officers and Indians of other ranks of the Royal Indian Army Service Corps and also the commissioned officers and Indian other ranks of the Animal and Mechanical Transport Sections of the Jammu and Kashmir Army, or

1. is a pensioner who receives a pension of not less than Rs. 10 a month from a Treasury in the State, or any other treasury, or
2. is a Doctor or Hakim or Vaid, or Lawyer, or School master actually practicing his profession within the State, or
3. has passed the Third Middle Examination, or passed the Budhiman, Rattan, Adib, Munshi, Moulvi, or Prajna examination, or some higher examination, or
4. pays a sum of not less than Rs. 20 per annum under one or more of the following heads:

1. land revenue on account of land owned by him;
2. rent on account on land held- by him as a tenant with a right of occupancy;
3. grazing fees payable to the Government, or is a Jagirdar, Muafidar or Guzarakhar holding an assignment of not less than Rs. 20 per annum, or

1. is the owner of immovable property, other than agricultural land, within the State, or of a boat or boats of the value of not less than Rs. 600, or
2. pays income-tax, or has throughout the twelve months preceding the date of the notification occupied as tenant in the constituency immovable property, not being land assessed to land revenue, of an annual rental value of not less than Rs. 60.

Explanations

If any land or immovable property has been in possession of a mortgage for the whole of the year before the preparation of the Electoral Roll, such mortgagee and not the real owner shall be deemed to be the owner for the purpose of sub-rules 8(a) and (10).

Provided that no person shall be qualified as an elector:

1. in a Muslim constituency if he is not a Muslim;
2. in a Sikh constituency if he is not a Sikh
3. in a Hindu constituency if he is either a Muslim or a Sikh.

(ii) in the case of a special constituency:

1. In case of the Jammu and Kashmir Tazimi Sardars constituencies, is a Tazimi Sardas.
2. In case of the Jammu and Kashmir Jagirdar, Muafidar or Mukarridar constituencies, is a Jagirdar, Muafidar or Mukarridar holding a Jagir, Muafi or Mukarri from the State of not less than Rs. 500 per annum.
3. In case of the Jammu and Kashmir Land-holders constituencies, is a holder of any land assessed to. land revenue of not less than Rs.250 per annum.
4. In case of the Jammu and Kashmir pensioners Constituency is a pensioner receiving Rs. 100 or more as pension.

Provided that no person shall be entitled to have his name entered on the roll of more than one special constituency of the same class but he can choose the constituency on whose roll his name may be entered.

Explanations

Where a Jagir, Mukarrari, Muafi or land is held Jointly by members of a joint family, the family shall be adopted as the unit or deciding whether any qualification exists and if it exists, the person qualified shall be, in the case of a joint Hindu: family, the Manager thereof, and in the case of any other joint family the member thereof authorised in that behalf by the family.

For the purpose of this rule, a person may be presumed to reside in a constituency if he owns. a family dwelling-house in the constituency and that house has not, during the twelve months preceding the date of the notification been let on rent.

III. 1. Where two or more persons are co-sharers in land assessed to land revenue, or in an assignment of land revenue, or in other immovable property, or in a tenancy, or in a Jagir, Mukarrari or Muafi every person shall be qualified as an elector who would be so qualified if his share in such land,. property, assignment or tenancy were held separately. The share of any such person who is under 21 years of age shall be deemed to be the share of his father, or if his father is dead, of his eldest brother, provided that his father or eldest brother, as the case may be, is a co-sharer with him in the property:

1. of times, the total revenue, assignment of land revenue or rent of tenancy is divisible by 20 or in the case of immovable property other than agricultural land as the number of time, the value of such property is divisible by 600;
2. in the case of special constituencies, the number of times the total of the amount of Jagir revenue or assignment of revenue, as the case may be is divisible by 500 in the case of constituencies of the Jammu and Kashmir Jagirdars, Muafidars and Mukarraridars or by 250 in the case of constituencies of Jammu and Kashmir land-holders. The co-sharers shall appoint by name the persons so entitled to vote as electors.

IV. For the purposes of these rules a person shall be deemed to have owned property or to have paid fees for any period during which the property was owned or the fees paid by any person trough whom he derives title by inheritance.

V. No person shall be entitled to vote at any election if on the date on which the poll is taken he is undergoing a sentence of imprisonment, or if he has been bound over to be of good behaviour and the period of the bond has not yet expired, or if he is disqualified for membership of the Praja Sabha.

QUALIFICATIONS OF CANDIDATES

VI. A person shall be eligible for election as member of the Praja Sabha for a general or special constituency if he is not subject to any of the disqualifications contained in section 28 of the Act, and

1. can read and write the Urdu language in any script, and is registered as an elector for that constituency, or, in, the case of a general constituency, for any other constituency in the Province, and in the case of a Muslim or Sikh constituency, he is himself a Muslim or Sikh, as the case may be, and in the case of a Hindu constituency, he is not a Muslim or Sikh.

Explanations

For the purposes of this rule a Province shall mean either the Kashmir Province or the Jammu Province (inclusive of the Jagirs or Poonch and Chenani) as the case may be

KASHMIR-PAK STANDSTILL AGREEMENT. 
TELEGRAM FROM PRIME MINISTER, KASHMIR STATE, 
TO SARDAR ABDUR RAB NISHTAR, 
STATES RELATIONS DEPARTMENT, KARACHI 
12TH AUGUST, 1947

Legal Document No 110

Jammu and Kashmir Government would welcome Standstill Agreements with Pakistan on all matters on which these exist at present moment with outgoing British Indian Government. It is suggested that existing arrangements should continue pending settlement of details and formal execution of fresh agreement

TELEGRAM FROM FOREIGN SECRETARY, 
GOVERNMENT OF PAKISTAN, KARACHI, 
TO PRIME MINISTER OF JAMMU AND KASHMIR
15TH AUGUST, 1947

LEGAL DOCUMENT NO 111

Your telegram of the 12th. The Government of Pakistan agree to have a Standstill Agreement of Jammu and Kashmir for the continuance of the existing arrangements pending settlement of details and formal execution of fresh agreements.

TELEGRAM FROM FOREIGN SECRETARY, 
GOVERNMENT OF PAKISTAN, KARACHI, 
TO PRIME MINISTER OF JAMMU AND KASHMIR
15TH AUGUST, 1947

LEGAL DOCUMENT NO 111

Your telegram of the 12th. The Government of Pakistan agree to have a Standstill Agreement of Jammu and Kashmir for the continuance of the existing arrangements pending settlement of details and formal execution of fresh agreements.

Jammu & Kashmir in the year 1947 was an independent country for all practical purposes. The Maharaja who ruled the State had signed agreements with both Pakistan and India to remain neutral and not be part of either country. India honoured that agreement but Pakistan did not. Pakistani raiders and soldiers attacked the state in 1947 forcing the Maharaja to flee to India. The Maharaja asked India to help his people who were being killed and looted by the Pakistani raiders. He also agreed to make Jammu &; Kashmir part of India. The Indian ruler at that time was Prime Minister Jawaharlal Nehru. He accepted Jammu &; Kashmir's accession to India and agreed to rescue his people from the Pakistani attackers. Indian troops were flown into the Kashmir Valley and they managed to drive away most of the Pakistani raiders from the state. But a large area of the state remained under the control of Pakistani soldiers. These areas were difficult to reach because they were surrounded by tall mountain ranges. Also, India wanted to stop the fighting. The fighting ended with Pakistan retaining control of a large area of the state but India keeping a larger part.

The fighting ended in the beginning of 1949 because India did not want the war to drag on. India felt that other influential countries like the US and Britain would ask Pakistan to stop fighting and withdraw its soldiers from a State that had legally become part of India. India therefore went to the world body called the United Nations, or UN for short. India said that Pakistan had attacked a neutral State and that State had now become part of India. Therefore, Pakistan should withdraw its soldiers from the State. The United Nations agreed with the Indian demand and asked Pakistan to withdraw its forces from Jammu & Kashmir. It also told India to ask the people of Jammu & Kashmir whether they wanted to be part of India or part of Pakistan. This was because some people in the State wanted to join Pakistan while others wanted to stay with India. The Prime Minister of India agreed to ask the people what they wanted through a process known as a referendum or plebiscite. Pakistan did not agree and refused to vacate the areas of Jammu & Kashmir it had forcibly grabbed. Because of this a plebiscite could not be held. Powerful countries like the US and Britain did not force Pakistan to withdraw its troops from Kashmir. They simply termed the entire State as a ‘Disputed Territory.’.

The fighting ended in the beginning of 1949 because India did not want the war to drag on. India felt that other influential countries like the US and Britain would ask Pakistan to stop fighting and withdraw its soldiers from a State that had legally become part of India. India therefore went to the world body called the United Nations, or UN for short. India said that Pakistan had attacked a neutral State and that State had now become part of India. Therefore, Pakistan should withdraw its soldiers from the State. The United Nations agreed with the Indian demand and asked Pakistan to withdraw its forces from Jammu & Kashmir. It also told India to ask the people of Jammu & Kashmir whether they wanted to be part of India or part of Pakistan. This was because some people in the State wanted to join Pakistan while others wanted to stay with India. The Prime Minister of India agreed to ask the people what they wanted through a process known as a referendum or plebiscite. Pakistan did not agree and refused to vacate the areas of Jammu & Kashmir it had forcibly grabbed. Because of this a plebiscite could not be held. Powerful countries like the US and Britain did not force Pakistan to withdraw its troops from Kashmir. They simply termed the entire State as a ‘Disputed Territory.’.

Legally, Jammu & Kashmir is an integral and inseparable part of India. The British had ruled India as one undivided country made up of many provinces and princely states. When they left, India was partitioned into two separate countries. The new country, as mentioned earlier, was called Pakistan. The British as well as the leaders of both India and Pakistan had agreed to one basic principle - every inch of land must go either to India or to Pakistan. In other words, people living in India before the partition of 1947, had only two options: they could either join Pakistan or they could join India. They could not remain independent. 
Jammu & Kashmir was actually an exception. The Maharaja of the State had wanted time to decide whether he should join Pakistan or join India. But the rulers of Pakistan did not want to give him the opportunity to decide and instead attacked his state, killing hundreds of people and causing extensive damage to property. The Pakistani action forced the Maharaja to join India.

It was absolutely legal. According to the agreement on which the partition of India was based, the rulers of princely states, like Jammu & Kashmir, had the absolute right to decide whether they wanted to join Pakistan or India. There was never any question of holding a referendum or a plebiscite. All the same, the then Prime Minister of India, Pundit Jawaharlal Nehru, agreed to hold a plebiscite because he was a democrat and wanted to find out what the people of the state of Jammu & Kashmir wanted.

The plebiscite was not held because Pakistan refused to vacate the large parts of Jammu & Kashmir that had been occupied by its soldiers. The plebiscite was meant for all the people of the state of Jammu & Kashmir and not just for those who lived in the Kashmir Valley. But the Pakistanis felt that the parts of the state they had captured was theirs and would not part with it. Pakistan defied the agreement reached by the world body called the United Nations and refused to vacate its troops. The powerful countries of the world did nothing to ensure that Pakistan honoured the UN Resolutions on Jammu & Kashmir. India could not therefore hold a plebiscite.

MAHARAJA HARI SINGH'S LETTER TO MOUNTBATTEN

TEXT OF LETTER DATED OCTOBER 26, 1947 FROM HARI SINGH, THE MAHARAJA OF JAMMU & KASHMIR TO LORD MOUNTBATTEN, GOVERNOR GENERAL OF INDIA.

Dated: 26 October 1947

My dear Lord Mountbatten,

I have to inform your Excellency that a grave emergency has arisen in my State and request immediate assistance of your Government.

As your Excellency is aware the State of Jammu and Kashmir has not acceded to the Dominion of India or to Pakistan. Geographically my State is contiguous to both the Dominions. It has jvital economical and cultural llinks with both of them. Besides my State has a common boundary with the Soviet Republic and China. In their external relations the Dominions of India and Pakistan cannot ignore this fact.

I wanted to take time to decide to which Dominion I should accede, or whether it is not in the best interests of both the Dominions and my State to stand independent, of course with friendly and cordial relations with both.

I accordingly approached the Dominions of India and Pakistan to enter into Standstill Agreement with my State. The Pakistan Government accepted this Agreement. The Dominion of India desired further discussions with representatives of my Government. I could not arrange this in view of the developments indicated below. In fact the Pakistan Government are operating Post and Telegraph system inside the State.

Though we have got a Standstill Agreement with the Pakistan Government that Government permitted steady and increasing strangulation of supplies like food, salt and petrol to my State.

Afridis, solidiers in plain clothes, and desperadoes with modern weapons have been allowed to infilter into the State at first in Poonch and then in Sialkot and finally in mass area adjoining Hazara District on the Ramkot side. The result has been that the limited number of troops at the disposal of the State had to be dispersed and thus had to face the enemy at the several points simultaneously, that it has become difficult to stop the wanton destruction of life and property and looting. The Mahora powerhouse which supplies the electric current to the whole of Srinagar has been burnt. The numer of women who have been kidnapped and raped makes my heart bleed. The wild forces thus let loose on the State are marching on with the aim of capturing Srinagar, the summer Capital of my Government, as first step to over-running the whole State.

The mass infiltration of tribesmen drawn from distant areas of the North-West Frontier coming regularly in motor trucks using Mansehra-Muzaffarabad Road and fully armed with up-to-date weapons cannot possibly be done without the knowledge of the Provisional Government of the North-West Frontier Province and the Government of Pakistan. In spite of repeated requests made by my Government no attempt has been made to check these raiders or stop them from coming into my State. The Pakistan Radio even put out a story that a Provinsional Government had been set up in Kashmir. The people of my State both the Muslims and non-Muslims generally have taken no part at all.

With the conditions obtaining at present in my State and the grreat emergency of the situation as it exists, I have no option but to ask for help from the Indian Dominion. Naturally they cannot send the help asked for by me without my State acceding to the Dominion of India. I have accordingly decided to do so and I attach the Instrument of Accession for acceptance by your Government. The other alternative is to leave my State and my people to free-booters. On this basis no civilized Government can exist or be maintained. This alternative I will never allow to happen as long as I am Ruler of the State and I have life to defend my country.

I am also to inform your Excellency's Government that it is my intention at once to set up an interim Government and ask Sheikh Abdullah to carry the responsibilities in this emergency with my Prime Minister.

If my State has to be saved immediate assistance must be available at Srinagar. Mr. Menon is fully aware of the situation and he will explain to you, if further explanation is needed.

In haste and with kind regards,

The Palace, Jammu                                  Your sincerely,

26th October, 1947                                   Hari Singh

TEXT OF INDIA'S COMPLAINT TO THE UN SECURITY COUNCIL, LST JANUARY 1948.

This complaint made by India placed the Jammu & Kashmir problem before the world body. The intention was to ask the world community to acknowledge Pakistani aggression on the people of J&K and to force Pakistan to vacate its troops from that state so that a final solution to the question of the state's accession to India could be found.

Letter Dated 1 January, 1948, from the Representative of India to the President of the Security Council (S/628).

The Government of India have instructed me to transmit to you the following telegraphic communication :

"1. Under Article 35 of the Charter of the United Nations, any Member may bring any situation whose continuance is likely to endanger the maintenance of international peace and security to the attention of the Security Council. Such a situation now exists between India and Pakistan owing to the aid which invaders, consisting of nationals of Pakistan and of tribesmen from the territory immediately adjoining Pakistan on the north-west, are drawing from Pakistan for operations against Jammu and Kashmir, a State which has acceded to the Dominion of India and is part of India. The circumstances of accession, the activities of the invaders which led the Government of India to take military action against them, and the assistance which the attackers have received and are still receiving from Pakistan are explained later in this memorandum. The Government of India request the Security Council to call upon Pakistan to put an end immediately to the giving of such assistance, which is an act of aggression against India. If Pakistan does not do so, the Government of India may be compelled, in self-defence, to enter Pakistan territory, in order to take military action against the invaders. The matter is, therefore, one of extreme urgency and calls for immediate action by the Security Council for avoiding a breach of international peace.

"2. From the middle of September 1947, the Government of India had received reports of the infiltration of armed raiders into the western parts of Jammu Province of the Jammu and Kashmir State; Jammu adjoins West Punjab which is a part of the Dominion of Pakistan. These raiders had done a great deal of damage in that area and taken possession of part of the territory of the State. On 24 October, the Government of India heard of a major raid from the Frontier Province of the Dominion of Pakistan into the Valley of Kashmir. Some two thousand or more fully armed and equipped men came in motor transport, crossed over to the territory of the State of Jammu and Kashmir, sacked the town of Muzaffarabad, killing many people, and proceeded along the Jhelum Valley road towards Srinagar, the summer capital of the Jammu and Kashmir State. Intermediate towns and villages were sacked and burnt, and many people killed. These raiders were stopped by Kashmir State troops near Uri, a town some fifty miles from Srinagar, for some time, but the invaders got around them and burnt the power house at Mahora, which supplied electricity to the whole of Kashmir.

"3. The position, on the morning of 26 October, was that these raiders had been held by Kashmir State troops and part of the civil population, who had been armed, at a town called Baramulla. Beyond Baramulla there was no major obstruction up to Srinagar. There was immediate danger of these raiders reaching Srinagar, destroying and massacring large numbers of people, both Hindu and Muslims. The State troops were spread out all over the State and most of them were deployed along the western border of Jammu Province. They had been split up into small isolated groups and were incapable of offering effective resistance to the raiders. Most of the State officials had left the threatened area and the civil administration had ceased to function. All that stood between Srinagar and the fate which had overtaken the places en route followed by the raiders was the determination of the inhabitants of Srinagar, of all communities, and practically without arms, to defend themselves. At this time Srinagar had also a large population of Hindu and Sikh refugees who had fled there from West Punjab owing to communal disturbances in that area. There was little doubt that these refugees would be massacred if the raiders reached Srinagar.

"4. Immediately after the raids into the Jammu and Kashmir State commenced, approaches were informally made to the Government of India for the acceptance of the accession of the State to the Indian Dominion. (It might be explained in parenthesis that Jammu and Kashmir form a State whose ruler, prior to the transfer of power by the United Kingdom to the Dominions of India and Pakistan, had been in treaty relations with the British Crown, which controlled its foreign relations and was responsible for its defence. The treaty relations ceased with the transfer of power on 15 August last, and Jammu and Kashmir like other States acquired the right to accede to either Dominion.)

"5. Events moved with great rapidity, and the threat to the Valley of Kashmir became grave. On 26 October, the ruler of the State, His Highness Maharaja Sir Hari Singh, appealed urgently to the Government of India for military help. He also requested that the Jammu and Kashmir State should be allowed to accede to the Indian Dominion. An appeal for help was also simultaneously received by the Government of India from the largest popular organisation in Kashmir, the National Conference, headed by Sheikh Mohammed Abdullah. The Conference further strongly supported the request for the State's accession to the Indian Dominion. The Government of India were thus approached not only officially by the State authorities, but also on behalf of the people of Kashmir, both for military aid and for the accession of the State to India.

" 6. The grave threat to the life and property of innocent people in the Kashmir Valley and to the security of the State of Jammu and Kashmir that had developed as a result of the invasion of the Valley demanded immediate decision by the Government of India on both the requests. It was imperative on account of the emergency that the responsibility for the defence of the Jammu and Kashmir State should be taken over by a government capable of discharging it. But, in order to avoid any possible suggestion that India had utilised the State's immediate peril for her own political advantage, the Government of India made it clear that once the soil of the State had been cleared of the invader and normal conditions restored, its people would be free to decide their future by the recognised democratic method of a plebiscite or referendum which, in order to ensure complete impartiality, might be held under international auspices.

"7. The Government of India felt it their duty to respond to the appeal for armed assistance because :

(1) They could not allow a neighbouring and friendly State to be compelled by force to determine either its internal affairs or its external relations;

(2) The accession of the Jammu and Kashmir State to the Dominion of India made India really responsible for the defence of the State.

"8. The intervention of the Government of India resulted in saving Srinagar. The raiders were driven back from Baramulla to Uri and are held there by Indian troops. Nearly 19,000 raiders face the Dominion forces in this area. Since operation in the Valley of Kashmir started, pressure by the raiders against the western and south-western border of the Jammu and Kashmir State has been intensified. Exact figures are not available. It is understood, however, that nearly 15,000 raiders are operating against this part of the State. State troops are besieged in certain areas. Incursions by the raiders into the State territory, involving murder, arson, loot, and the abduction of women, continue. The booty is collected and carried over to the tribal areas to serve as an inducement to the further recruitment of tribesmen to the ranks of the raiders. In addition to those actively participating in the raid, tribesmen and others, estimated at 100,000, have been collected in different places in the districts of West Punjab bordering the Jammu and Kashmir State, and many of them are receiving military training under Pakistani nationals, including officers of the Pakistan Army. They are looked after in Pakistan territory, fed, clothed, armed and otherwise equipped, and transported to the territory of the Jammu and Kashmir State with the help, direct and indirect, of Pakistani officials, both military and civil.

"9. As already stated, the raiders who entered the Kashmir Valley in October came mainly from the tribal areas to the north-west of Pakistan and, in order to reach Kashmir, passed through Pakistan territory. The raids along the south-west border of the State, which had preceded the invasion of the valley proper, had actually been conducted from Pakistan territory, and Pakistan nationals had taken part in them. This process of transmission across Pakistan territory and utilisation of that territory as a base of operations against the Jammu and Kashmir State continues. Recently, military operations against the western and south-western borders of the State have been intensified, and the attackers consist of nationals of Pakistan as well as tribesmen. These invaders are armed with modern weapons, including mortars and medium machine-guns, wear the battle dress of regular soldiers and, in recent engagements, have fought in regular battle formation and are using the tactics of modern warfare. Man-pack wireless sets are in regular use and even mark V mines have been employed. For their transport the invaders have all along used motor vehicles. They are undoubtedly being trained and to some extent led by regular officers of the Pakistan Army. Their rations and other supplies are obtained from Pakistan territory.

"10. These facts point indisputably to the conclusion

"(a) That the invaders are allowed transit across Pakistan territory;

"(b) That they are allowed to use Pakistan territory as a base of operations;

"(c) That they include Pakistan nationals;

"(d) That they draw much of their military equipment, transportation, and supplies (including petrol) from Pakistan; and

"(e) That Pakistan officers are training, guiding, and otherwise actively helping them.

"There is no source other than Pakistan from which they could obtain such quantities of modern military equipment, training or guidance. More than once, the Government of India had asked the Pakistan Government to deny to the invaders facilities which constitute an act of aggression and hostility against India, but without any response. The last occasion on which this request was made was on 22 December, when the Prime Minister of India handed over personally to the Prime Minister of Pakistan a letter in which the various forms of aid given by Pakistan to the invaders were briefly recounted and the Government of Pakistan were asked to put an end to such aid promptly; no reply to this letter has yet been received in spite of a telegraphic reminder sent on 26 December.

"11. It should be clear from the foregoing recital that the Government of Pakistan are unwilling to stop the assistance in material and men which the invaders are receiving from Pakistan territory and from Pakistan nationals, including Pakistan Government personnel, both military and civil. This attitude is not only un-neutral, but constitutes active aggression against India, of which the State of Jammu and Kashmir forms a part.

"12. The Government of India have exerted persuasion and exercised patience to bring about a change in the attitude of Pakistan. But they have failed, and are in consequence confronted with a situation in which their defence of the Jammu and Kashmir State is hampered and their measures to drive the invaders from the territory of the State are greatly impeded by the support which the raiders derive from Pakistan. The invaders are still on the soil of Jammu and Kashmir and the inhabitants of the State are exposed to all the atrocities of which a barbarous foe is capable. The presence, in large number of invaders in those portions of Pakistan territory which adjoin parts of Indian territory other than the Jammu and Kashmir State is a menace to the rest of India. Indefinite continuance of the present operations prolongs the agony of the people of Jammu and Kashmir, is a drain on India's resources and a constant threat to the maintenance of peace between India and Pakistan The Government of India have no option, therefore, but to take more effective military action in order to rid the Jammu and Kashmir State of the invader.

"13. In order that the objective of expelling the invader from Indian territory and preventing him from launching fresh attacks should be quickly achieved, Indian troops would have to enter Pakistan territory; only thus could the invader be denied the use of bases and cut off from his sources of supplies and reinforcements in Pakistan. Since the aid which the invaders are receiving from Pakistan is an act of aggression against India, the Government of India are entitled, under international law, to send their armed forces across Pakistan territory for dealing effectively with the invaders. However, as such action might involve armed conflict with Pakistan, the Government of India, ever anxious to proceed according to the principles and aims of the Charter of the United Nations, desire to report the situation to the Security Council under Article-35 of the Charter. They feel justified in requesting the Security Council to ask the Government of Pakistan :

(1) To prevent Pakistan Government personnel, military and civil,

from participating or assisting in the invasion of the Jammu and Kashmir State;

(2) To call upon other Pakistani nationals to desist from taking any part in the fighting

in the Jammu and Kashmir State;

(3) To deny to the invaders : (a) access to any use of its territory for operations against Kashmir, (b) military and other supplies, (c) all other kinds of aid that might tend to prolong the present struggle.

"14. The Government of India would stress the special urgency of the Security Council taking immediate action on their request. They desire to add that military operations in the invaded areas have, in the past few days, been developing so rapidly that they must, in self-defence, reserve to themselves the freedom to take, at any time when it may become necessary, such military action as they may consider the situation requires.

"15. The Government of India deeply regret that a serious crisis should have been reached in their relations with Pakistan. Not only is Pakistan a neighbour but, in spite of the recent separation, India and Pakistan have many ties and many common interests. India desires nothing more earnestly than to live with her neighbour-State on terms of close and lasting friendship. Peace is to the interest of both States; indeed to the interests of the world. The Government of India's approach to the Security Council is inspired by the sincere hope that, through the prompt action of the Council, peace may be preserved.

"16. The text of this reference to the Security Council is being telegraphed to the Government of Pakistan."

Writer is progressive and nationalist activist belong to Pakistani Administrative Kashmir Muzaffarabad, studied at the Institute of Social Sciences under the Central Committee of Communist Party of Soviet Union and lived more than 20 years in Moscow and Lithuania and now residing in Dubai. Can be reached at+971507093347, Email; ashiquehamdani@gmail.com

-

Regards
Ashique Hamdani Syed
Managing Director
Petrometal Trading FZC

Hamriyah Free Zone Sharjah, UAE
Mob.: +971 50 7093347
BUSINESS DEVELOPMENT CONSULTANT
CIS, Eurasia Central & East Europe Baltic States

EMAIL; ashiquehamdani@gmail.com
SKYPE: ashique_hamdani
YAHOO: chandkot
HOTMAIL: balahattian