Colonel B S Nagial (Retd)
The Indian subcontinent was divided based on the two-nation theory in 1947, and this was the biggest mistake committed by the Britishers.At the time of partition,only two identities existed: one, the British Indian princely states and two, the area under British occupation.The area underBritish occupation was divided between India and Pakistan. Since Indian princely states were not subject to the partition of British territories in 1947, each princely state was allowed to join either India or Pakistan. When the British Govt transferred the powers to India and Pakistan, Maharaja Hari Singh of the princely state of Jammu and Kashmir decided not to join either India or Pakistan.After attaining independence on 14 Aug 1947, Pakistan started building up the pressure on Maharaja of Jammu and Kashmir to join Pakistan. When all efforts failed, Pakistan decided to annex Jammu & Kashmir through coercion. Preparators supported by Pakistan attacked Jammu & Kashmir. The regulars and irregulars of Pakistan fully backed these raiders. When they reached the outskirts of Srinagar town, then Maharaja Hari Singh approached India for help.On 26 Oct 1947,he signed an Instrument of Accession with India.Indian Army pushed these raiders (Kabalis) back, and in the meantime, a ceasefire was declared by United Nations Organisation(UNO), which became effective on 1 Jan 1949.
By the end of 1948, the Indian Armed Forces were well entrenched with resources both in terms of men and material to cope up with logistic challenges of the long roads, crumbling bridges in the mountainous and plain areas. Indian Armed forces were capable and well prepared to crush the so-called Kabalis backed by Pakistan Armed Forces. Pakistan was fast losing the areas occupied in the erstwhile state of Jammu and Kashmir, and unfortunately, they did not have much reserve.
Although India was close to its victory over Pakistan yet, the Indian Government requested UNO to mediate and resolve the issues related to the conflict. After lengthy negotiations and some last-minute operations from both sides, the Ceasefire became effective on 1 Jan 1949. This war was a limited affair in all respects; limited in its goals, limited in theatre with limited means. Pakistan employed non-state actors as Combatants as a state policy. Partly it was successful, but it paved the way for the future policy of Pakistan and wars with India.
India referred to UNO 1 Jan 1948 under article 35 of the UN Charter, which permits any state to bring any situation whose continuation is likely to endanger International Peace and Security to the attention of the UNSC. The intention was to prevent the prolonged war and restrict Pakistan from assisting raiders whose action was an act of war against India. However, Pakistan misled the International Community regarding its involvement in Kashmir. It claimed in 1947 that it has no role to play in the ongoing raiders’ attack on the State Forces. On the contrary, these raiders were looked after in Pakistan territory. They were fed, clothed, armed and transported to the erstwhile state of J&K.
However, when the UN Commission, which visited India in July 1948, found Pakistanis Forces present in Pakistan Occupied Jammu and Kashmir(POJK). The UNCIP Resolution of Aug 1948 documented that Pakistan’s act of aggression and stated. ” The presence of the troops of Pakistan in the territory of the state of J&K establishes a material change in the situation since the Government of Pakistan represented it before UNSC.”
* Upon arrival in Karachi, the commission was informed that three brigades of regular Pakistan troops had been fighting in the state of Jammu and Kasmir since May, described as ” bombshell by Josef Korbel”(Korbel, Danger in Kashmir 1966, p.121).
On 13 Aug 1948, after discussion with both the governments, the commission unanimously adopted the three parts resolutions, amending and amplifying the UN Resolution No. 47.(UNCIP, 1948)
* Part 1 dealt with the Ceasefire, calling for a complete cessation of hostilities.
* Part 2 dealt with a truce agreement. It asked for a complete withdrawal of Pakistan’s fighting troops, including the Army, tribals, and Pak nationals, and stated that the local authorities would administer evacuated territory under the commission’s supervision. Following Pakistan withdrawal, India was expected to withdraw the ‘bulk of forces’, reducing them to the minimum required maintenance of law and order.
* Part 3 states that after the acceptance of the truce agreement, the two countries would consult with the commission to settle the state’s future following the people’s will.
This structure of the resolution was of significance to India. Part three implicitly recognised Pakistan as ‘aggressors by making truce agreement precede the consultation for the state’s future. Moreover, the plebiscite was not mentioned, which allowed other avenues for determining the ‘Will’ of the people of J&K, such as election for the constituent assembly.(Raghavan, War and Peace in Modern India, 2010).Karachi Agreement, after theIndo-Pak armed conflict 1947-48,under the supervision of the UNCIP, military representatives of both Pakistan and India met in Karachi and signed the Karachi Agreement on 27 July 1949.It established a ceasefire line (CFL) in Kashmir.The 830 km long Ceasefire Line established in the agreement started from Manawar, a southernmost point just west of the river Chenab in Jammu. It ran in a rough arc northward and northwestwards to the map coordinate point NJ9842, about 19 km north of the river Shyok.
Conclusion:India rejected the UNSC Resolution 47 and maintained that the resolution ignored the military invasion by Pakistan and placed both nations on an equal diplomatic ground was a dismissal of Pakistan’s aggression.The Instrument of Accession (IoA) signed by the Maharaja of Kashmir was ignored in the resolution.
Pakistan also had an objection to this resolution.It opposed even a minuscule presence of Indian forces in Kashmir, as directed by the resolution.It sought equal representation in the state government for the dominant party in Pakistan, Occupied Jammu and Kashmir.
Acceptance of the ceasefire line by India and signing of the Karachi Agreement on 27July 1949 and Pakistan’s non-implementation of the UN resolutionled to Pakistan Occupied Jammu and Kashmir (POJK).Following the 1949 ceasefire agreement, the Government of Pakistan divided the northern and western parts of Jammu and Kashmir, which held.
India and Pakistan signed it in July 1972.It established a Line of Control (LoC) in Kashmir, which, with minor deviations, followed the same course as the ceasefire line established by the Karachi Agreement.
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