[🇧🇩] Forceful Integration of Various Independent States in India

[🇧🇩] Forceful Integration of Various Independent States in India
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Forceful integration of Hyderabad in India
Humayun Kabir 12 July, 2024, 00:00

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The Nizam's forces in Hyderabad. | The Hindu


THIS write-up is intended to inform the readers of the glorious history of Hyderabad and its forcible annexation by India to be its part, despite Hyderabad opting not to join India after 200 years of British rule. It is also a reminder to us, the Bangladeshi people, to reflect upon and take lessons from this history that may enlighten us about the stakes of our future status as a nation.

Briefly, let us familiarise ourselves with the history of Hyderabad. In 1724, Nizam-ul-Mulk Asaf Jah established Hyderabad, a state that spread over most of the Deccan plateau. At the time, Hyderabad used to have its own army, airline, rail services, radio, banking and postal department networks. In terms of population and GDP size, Hyderabad was the largest monarchy in India at that time. The state covered 82,698 square miles. That was more than the total area of England and Scotland combined. Interestingly, more than 80 per cent of Hyderabad's population was Hindu, and despite being a minority, Muslims occupied important positions both in civil administration and the army. The Nizam of Hyderabad, Mir Osman Ali Shah, had the intention of keeping his state as an independent entity and did not join India or Pakistan after 1947. The Nizam took advantage of the fact that the Indian government got preoccupied with the Kashmir war soon after independence, and all focus and resources were fully diverted towards tackling the Pakistani threat over Jammu and Kashmir.

Briefly, Hyderabad, in pre-British times, was composed of three regions: Telangana, Marathwada and Karnataka. Three languages, Telegu, Marathi and Kannada, were spoken in the erstwhile state of Hyderabad. There are no natural lakes in the region, but the dams built across hills and low ground over the centuries have resulted in a myriad of reservoirs, some of which were of impressive dimensions. The state is rich in minerals. There was coal, gold, marble, mica, garnet and limestone, but coal was worked on a reasonably large scale. There were six textile' mills producing cotton yarn and machine-woven goods; a government-sponsored handloom and dying industry providing clothes for half the population of the state; and there were cottage and handicraft industries like carpets, blankets, silk goods and metal in-lay articles. The state also produced edible oil from groundnut, castor and other oilseeds, leather for the local markets and for export using 84 tanneries, soap, alcohol, cement, cigarettes, glass, stoneware pipes and other sundry products. Moreover, the railways, electric, telegraph and postal systems were all introduced in the state in the 19th century. Twentieth century Hyderabad was very much a princely state, with its self-sufficient economy. It was, like other princely states, a place where being of the same religion as the ruler did not automatically warrant elevated employment, nor was the converse true, for high officials and even prime ministers in Hyderabad had sometimes been Hindus.

From the late 16th century on, the Nizam-ul-Milk authority was under British tutelage, but as this control was mainly confined to the political field, it was not followed by major social changes. It could be said that the socio-economic structure that emerged in the days of Nizam Asaf Jah I survived in its outlines until the end of the princely era in 1948.

Historically, since its independence from the British Raj in 1947, India has prided itself on its secularism, although it is an open secret that this secularism is a mere cosmetic cover for soft Hindu nationalism. The first prime minister, Jawaharlal Nehru, was not ignorant of the fact that a more open form of Hindu nationalism would have alienated the world's major geopolitical powers at a time when decolonised India sought the leadership of the upcoming Third World. So, the Congress adopted a carefully crafted policy towards integrating the princely states by adopting a soft negotiation policy. When the British were leaving India, all but three of the 562 princely states were uncertain about merging with India. These were Kashmir, Junagadh and Hyderabad. In 1947, when the British left India, they gave the princely states the choice to either join India or Pakistan or remain independent.

The Nizam of Hyderabad initially approached the British government with the proposal to designate Hyderabad as a constitutional monarchy within the Commonwealth of Nations. The proposal was rejected by Lord Mountbatten, then Viceroy of India. Despite the rejection, the Nizam began negotiations with representatives from European nations and sought to buy Goa from the Portuguese so that Hyderabad would have access to the sea. Overruling Nehru's efforts to address the issue diplomatically, Sarder Patel sought military means. The Muslims, becoming desperate, resorted to violence.

The 1947–48 period was tense in the Hyderabad state, as Mir Osman Ali Khan, the seventh and last monarch, was deliberating between joining India or running an independent state. Meanwhile, a journalist, Shoaib Ullah Khan, who used to run Imroz, an Urdu daily, and supported the idea of Hyderabad joining India, was murdered by Razaakars (a Muslim militia) for it. The newly independent State of India found that the richest and largest princely state that was ruled by a Muslim simply could not be easily integrated into the new nation. It was far too triggering for the soft Hindu India. Upon witnessing the refusal of the ruling Nizam, the new India then opted for force. New Delhi unleashed a so-called 'police action' that would last for too long and see far too many Muslim victims, who were subjected to the revenge of their Hindu 'friends' and neighbours who always felt that the Hyderabad State was illegitimate.

Based on a committee report that had been suppressed by succeeding governments until 2013, the victims were in the tens of thousands. The numbers lie anywhere between 27,000 and 40,000 individuals, either put to death immediately or killed after first being inhumanly subjected to extreme forms of torture and sexual violence. The Muslims tried to respond to this force by the Delhi authorities with a force of their own. However, they were eventually crushed due to the sheer numbers and superior military power of their opponents.

The brain behind Operation Polo, as it was called, was someone named Sardar Ballav bhai Patel, who was also a soft Hindu nationalist, probably the reason why the ruling BJP party inaugurated the 'Statue of Unity' in 2018, with Sarder Patel having been transformed into the world's largest statue (182 metres) due to supposedly 'unified' India. This unification of India includes forcefully annexing Kashmir and Hyderabad. In fact, the BJP has been pushing to make the 17th of September 'Hyderabad's Liberation Day.' As for the Hyderabad Muslims, many of them have migrated to different countries, mainly Pakistan. Those who remain are caught in a constant siege of cultural welfare, being viewed as foreign by the surrounding groups, if not for their race.

The violent means of annexing Hyderabad is a stark reminder that it need not be the last one of annexation by force by India. Our people must realise that our existence in South Asia, surrounded by India and Myanmar, must be carefully managed if we are to remain a peaceful neighbour in the region.

Humayun Kabir (kabirruhi@gmail.com) is a former United Nations Official in New York.​
 
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Junagadh & Manavadar: A Story of India's Illegal Occupation

Since their independence, Pakistan and India's diplomatic relations have remained strained due to numerous territorial disputes. It has heavily influenced their foreign and security policies towards each other. Kashmir has remained the main point of contention, capturing widespread international attention and scrutiny. Other disputed territories like Siachen Glacier and Sir Creek have also maintained a consistent presence in bilateral dialogue between Pakistan and India over the past three decades. Most recently, these disputes were explicitly included in the Comprehensive Bilateral Dialogue agenda agreed upon between the two nations in 2015. However, the dispute over Junagadh has largely faded from public discourse despite Pakistan's robust legal position under international law.

In a noteworthy development, Pakistan issued a new political map in 2020 that designates Junagadh and Manavadar (a part of the wider Junagadh area) as Pakistani territory, signalling an intent to bring this dispute back into focus. This Insight explores the origin of the Junagadh dispute and examines its implications under international law.

Origin of the Dispute

Junagadh was classified as a 'princely state' during British colonial rule in the 19th century. It was placed under British suzerainty in 1807, with Nawab of Junagadh retaining control over most of the territory's affairs. At the time of independence, Junagadh had the option of either remaining independent or acceding either to the territory of Pakistan or India under the Indian Independence Act of 1947. On September 14, 1947, Nawab Mahabat Khan of Junagadh signed an Instrument of Accession (IoA) declaring that Junagadh would be part of the Dominion of Pakistan. It was formally accepted a day later by Muhammad Ali Jinnah.

"The Instrument of Accession remains as the authoritative legal source to determine the status of Junagadh's sovereignty. Subsequent Indian actions constitute violations of various principles of international law, including the United Nations Charter."

After Nawab's request for accession was granted, the two states of Mangrol and Babariawad declared their independence from the suzerainty of Junagadh. In response, Nawab's forces militarily occupied the two states, escalating the tense situation. A group of Junagadhis, led by Samaldas Gandhi, formed a government-in-exile, the Aarzi Hukumat (temporary government). Soon after, the Indian government dispersed troops in and around Junagadh on September 17, 1947, without the consent of the Junagadh administration. Owing to surmounting pressure from Indian forces, the Dewan (Prime Minister) of Junagadh, Sir Shah Nawaz Bhutto, relinquished control over Junagadh to India on November 7 and invited India to intervene "in order to avoid bloodshed, hardship, loss of life and property and to preserve the dynasty." When informed of India's decision to take control over Junagadh's administration, Liaquat Ali Khan responded, "Your action in taking over state administration and sending Indian troops to state without any authority from Pakistan Government and indeed without our knowledge, is a clear violation of Pakistan territory and breach of International law." The use of Indian military force to pressure the Junagadh administration to relinquish administrative control over the territory thus constituted a violation of Article 2(4) of the UN Charter.

Just over three months later, India conducted a plebiscite on February 20, 1948, leading to the annexation of Junagadh. Indian Prime Minister Jawaharlal Nehru informed Pakistani Prime Minister Liaquat Ali Khan of an intention to hold a referendum to finalize Junagadh's status. However, Khan disagreed, arguing that it violates international law. Pakistan's consent to the plebiscite was not sought. Sir Walter Monckton, the legal adviser of Mangrol, had informed Mountbatten months before the plebiscite that Pakistan's recognition of a plebiscite was a necessary precondition. It can be likened to similarly illegal plebiscites in Russian-occupied Crimea, where over 90% 'voted' for annexation to Russia. Conducting a plebiscite without the consent of the state that owns territorial sovereignty provides a basis for its illegality. Pakistan has not accepted the plebiscite results, claiming the territory as unlawfully occupied by India.

Demographics and Geography of Junagadh

Before evaluating the legal validity of IoA, it is important to consider Junagadh's demographics and geography. A Muslim ruler governed Junagadh, which had a predominantly Hindu population and had no physical contiguity with Pakistan but could be accessed by sea and air. Its accession with Pakistan was considered a folly by some due to its situation as a small state completely encircled by India's dominion and its Hindu majority, and Mountbatten, the last viceroy of India, also "recommended the princely states consider their accession either to India or Pakistan by the communal allegiance of the people and geographical contiguity."

However, these considerations were recommendations based on political and administrative pragmatism, not legally binding requirements. Mountbatten, along with India's former Defence Minister Gopalaswami Ayyangar, also held the same view that "Junagadh's geographical contiguity could not have 'any standing in law', that is, it was 'strictly and legally correct' for it to have joined Pakistan." Thus, the propositions concerning geographical contiguity and demographic composition were merely advisory in nature and did not represent mandatory legal prerequisites.

While the circumstances cannot be deemed ideal, it would be incorrect to label Junagadh's accession to Pakistan as wholly impractical. The Veraval Port, located in Junagadh, provided the princely state with the potential to establish a simple maritime connection with Pakistan, as "the ships from Karachi covered the distance of 300 knots in six hours." Ian Copland supports this perspective of Junagadh's accession to Pakistan as not completely devoid of practicality in the following words: "Even tiny Junagadh, which, unlike Hyderabad, probably lacked the financial and economic resources to lead an independent existence, could, with a seacoast facing the Arabian sea, conceivably have survived as a part of Pakistan; after all, nearby Diu and Goa lasted as outposts of a much more distant state - Portugal - until 1961."

Legal Status of the Instrument of Accession

From an international law perspective, Nawab Mahabat Khan had the legal capacity to enter into IoA on behalf of Junagadh. As a princely state, Junagadh operated with a considerable degree of autonomy only limited by the British Crown. The Independence of India Act of 1947 differentiates between 'dominions' and 'Indian States', with the former referring to India and Pakistan. Under section 7(I)(b) of the Act, British suzerainty over princely states ended with the independence of India and Pakistan, making them independent autonomous states. Consequently, it allowed these states to either operate independently or to accede to either Pakistan or India under section 2(3) of the Act, subject to the consent of the dominion being acceded to.

In Junagadh's case, Nawab had acted under the legal capacity and authority granted to him by the Independence of India Act of 1947 and had validly executed the IoA. Thus, as reflected by the Ministry of Law at the time, it was clear that "Junagadh's accession to Pakistan had not been nullified by referendum, and the state had not acceded to India yet. However, New Delhi went ahead because "it was almost likely that the referendum will be in [New Delhi's] favour." Nevertheless, this amounted to a unilateral decision that violated the sovereignty of Pakistan based on the IoA.

Internationally, the Kashmir dispute overshadowed the issue of Junagadh. UN Security Council Resolution 47/1948 called for a plebiscite in Kashmir to decide its accession to India or Pakistan. Ayyanger had advised M.K. Vellodi, India's representative to the UNSC at the time, on "the need' as far as possible to avoid being drawn into legalistic arguments as regards the validity of Junagadh's accession to Pakistan for its impact on Kashmir." It shows that Indian leaders were fully cognizant of their illegal actions and did not want to bring up the issue of Junagadh's accession to the UNSC.

Analysis

Overshadowed by the more high-profile Kashmir conflict, the Junagadh dispute has been relegated to the margins of Pakistan's foreign policy agenda, receiving scant attention and resources. It has led to its political neglect, diminishing its prominence in diplomatic dialogues and international legal debates.

The issuance of a new political map by Pakistan in 2020, which significantly features Junagadh and Manavadar, is a positive development since maps under international law are recognized to be the most formal evidence of a State's intent and nature of claim over territory. Pakistan's state practice should reflect its territorial claim by continuing to confer the status of 'Sovereign in Exile' upon the Nawab of Junagadh.

Besides the addition of Junagadh to the new political map, September 15 should be notified as "Junagadh Day" by the government, and steps should be taken to include Junagadh's history and legal status in the academic curriculum to create awareness regarding the issue.

With the death of Muhammad Jahangir Khanji in July 2023, it is imperative for Pakistan to promptly issue an official declaration acknowledging his successor as the legitimate heir to Junagadh State. The new Nawab should be extended invitations for all significant State ceremonies, particularly those organized outside of Pakistan, to enhance global awareness of Nawab's status as Sovereign in Exile and India's continued territorial violation.

In conclusion, Junagadh's legal status is that it is part of Pakistan. The IoA remains as the authoritative legal source to determine the status of Junagadh's sovereignty. Subsequent Indian actions constitute violations of various principles of international law, including the central UN Charter principle of respecting territorial integrity and political independence of states. Using coercion to unlawfully annex territory without due process reflects the unfortunate reality of realpolitik and weak enforcement mechanisms. Together, these factors obstruct the enforcement of this vital international law principle aimed at safeguarding states against unlawful territorial aggression and facilitating peaceful resolution of conflicts.

In light of evolving geopolitical dynamics, it becomes imperative for Pakistan to adopt a consistent legal approach to documenting its territorial claims, whether they pertain to mainland disputes, glaciers, or maritime boundaries. The political map in 2020 was a positive step, but a more comprehensive legislative instrument could provide a stronger basis for Pakistan's claim under international law. India's unilateral measures in Jammu and Kashmir, enacted through the Reorganization Act of 2019, underscore the critical importance of solidifying territorial claims through both legislative and executive actions. Moreover, China's recent move to rename locations in Arunachal Pradesh in April 2023 is a timely reminder that India's actions have had repercussions, prompting other states to reassert their territorial claims. These developments collectively highlight the need for Pakistan to take the documentation of its territorial claims thoughtfully, particularly as state practices evolve in a complex and interconnected international landscape.​
 
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Manavadar is a city and a municipality in Junagadh district of India.

History

Bantva Manavadar was a princely state of British India. Founded in 1733, it became a British protectorate in 1818. On 25 September 1947, it acceded to the newly formed Pakistan. However, Indian forces entered the area on the grounds that the state was a vassal of the Junagadh state, which was itself a vassal of the Baroda state that had acceded to India. This land is still considered a disputed area between India and Pakistan.


It was also known as the Asia's third center for cotton ginning. It contained almost around more than 75 ginning factories of cotton.

Pakistan's government has maintained its territorial claim on Manavadar, along with Junagadh State and Sir Creek in Gujarat, on its official political map.

Geography

Manavadar is located at 21.5°N 70.13°E. It has an average elevation of 24 metres (78 feet).

Demographics

As of 2001 India census, Manavadar had a population of 27,559. Males constitute 52% of the population and females 48%. Manavadar has an average literacy rate of 82%, higher than the national average of 59.5%: male literacy is 76%, and female literacy is 63%. In Manavadar, 12% of the population is under 6 years of age.

It has developed cotton industry and cotton and groundnut are the most cash crops of the area. The town was famous once upon a time due to its vegetable ghee industries, but in winds and sweeps of economic reform in India, all three units has been closed. Manavadar taluk have big towns or villages like Bantwa, Nanadiya, Khambhla, Nakara, Pajod, Jilana, Sardargadh, Velva, Kodvav (List of Indian Princely States), Mitdi, Limbuda, Indra, Sherdi, Bhimora, Bodka (Swamina), Galvav, Sanosara, Koyalana (Ghed), Zinzari, Chudva, Khadiya, Vadala, Sitana, Bhitana, and Padaradi (Ghed) (પાદરડી-ઘેડ).​
 
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