Three decades ago, I read Freedom at Midnight by Larry Collins and Dominique Lapierre. The book's vivid portrayal of partition of the Indian subcontinent and its aftermath left a lasting impression, recounting events like the astrologically influenced timing of independence, the gruesome massacres during the partition, Mahatma Gandhi's assassination, and the immense wealth of the Nizam of Hyderabad. These events, narrated with gripping detail, remain etched in my memory even after all these years.

Recently, I encountered Unravelling the Kashmir Knot – Past, Present and Future by Dr. Aman Hingorani, a deep and meticulously researched analysis of the causes of partition of the Indian subcontinent and the Kashmir conflict. While the wounds of the partition persist, no book has delved into the legal and historical intricacies of the Kashmir issue with such thoroughness. Hingorani's work stands out for its lawyerly precision and profound insight into a contentious issue that has plagued the subcontinent for over seven decades.

The book examines the history of Jammu C Kashmir through the lens of legal frameworks, including the amended Government of India Act of 1935, the Indian Independence Act of 1947, international law, and the Indian Constitution. Hingorani's impartial and balanced approach, influenced by his father's personal connection to the partition—his family's roots in Karachi and their displacement—is evident throughout the book. Drawing on the knowledge passed down from his father, a senior Supreme Court lawyer, and the works of Narendra Singh Sarila, V.P. Menon, H.V. Hodson, Yuvraj Krishan, Ramachandra Guha and many others, Hingorani presents a rigorous and exhaustive study.

Historical Context and British Imperialism

The book vividly recounts the manipulative strategies of British imperialism. Hingorani reveals how Britain, seeking to retain geopolitical influence post-independence, employed a strategy to communalise the Indian polity, sharpening religious divisions to weaken India. The creation of Pakistan, a state aligned with British interests, was a deliberate outcome of this policy. The book examines pivotal events like the formation of the Muslim League in 1906, and the Minto-Morley Reforms of 1909, which laid the groundwork for such communalisation.

Hingorani discusses the transformation of Muhammad Ali Jinnah, from a champion of Hindu- Muslim unity to an advocate for a separate Muslim state. This shift, stoked by the British and fuelled by political disagreements with the Congress, culminated in the catastrophic Direct Action Day on August 16, 1946. The ensuing riots in Kolkata, exacerbated by British troops withdrawing to their barracks, triggered a chain reaction of violence across the subcontinent, making partition inevitable.

Jammu s Kashmir's Accession and the Legal Framework

At the time of independence, colonial India's territory included around 560 princely states, which had the option to accede to India, Pakistan, or remain independent under the Indian Independence Act of 1947 read with the amended Government of India Act of 1935. Maharaja Hari Singh of Jammu C Kashmir, a princely state, initially sought independence but was compelled to seek India's assistance when tribal militias from Pakistan invaded the state. India's condition for military intervention was the signing of the Instrument of Accession, which Hari

Singh agreed to on October 26, 1947. This legally validated Jammu C Kashmir's accession to India, handing over authority in defence, external affairs, and communication.

Despite this, Pakistan retained control over a portion of Jammu C Kashmir, now known as Pakistan Occupied Jammu C Kashmir (POJK). India referred the matter to the United Nations on January 1, 1948, leading to resolutions calling for a ceasefire, Pakistan's withdrawal from POJK, and a plebiscite in Jammu C Kashmir. While the ceasefire was achieved, Pakistan's refusal to withdraw its troops rendered the plebiscite unfeasible, formalizing the Line of Control (LoC).

Geopolitical Intricacies

The territorial division of Jammu C Kashmir remains a complex issue. Today: India controls about 45% of Jammu and Kashmir.

Pakistan controls about 35%, including Gilgit-Baltistan.

China occupies about 20%, including Aksai Chin and the Shaksgam Valley.

Hingorani highlights China's involvement, particularly its construction through Aksai Chin and its claim over Arunachal Pradesh, which had led to the Sino-Indian War of 1962. The territorial dispute was further complicated by Pakistan ceding 5,180 square kilometres of the Shaksgam Valley to China in 1963. Hingorani questions the legality of China conceiving the China-Pakistan Economic Corridor (as part of its Belt and Road Initiative) through the Indian territory of Gilgit- Baltistan.

Analysis of Legal and Historical Aspects

Dr. Hingorani's legal analysis underscores the following points:

1. Princely states were to be sovereign after the lapse of British paramountcy on August 15, 1947.
2. The rulers of these states alone had the authority to decide on accession.
3. Popular sentiment within the states was irrelevant to the legality of accession.
4. Jammu and Kashmir's accession to India by its sovereign ruler was in terms of the Indian Independence Act of 1947 read with the amended Government of India Act of 1935 i.e the British statutes that created modern day India and Pakistan. Such law that created modern day India and Pakistan itself made Jammu and Kashmir an integral part of India.
5. Pakistan is not in a position to disown such law that created it.
6. Jammu and Kashmir's accession to India was therefore legally valid, irrevocable, and complete.
7. Proposals for a plebiscite in Jammu C Kashmir were ultra vires the very law that created modern day India and Pakistan.
8. UN resolutions on Jammu C Kashmir were inconsistent with such law and the UN Charter, making them legally invalid.
9. Pakistan had no legal standing under international law to challenge Jammu C Kashmir's accession to India.
10. Territorial occupation by Pakistan and China was illegal, and amounts to aggression under international law.

Hingorani recounts that it was, however, India that had accepted the accession of Jammu C Kashmir provisionally, internationalized the Kashmir issue by taking it to the UN, conferred standing on the international community to comment on Jammu C Kashmir and facilitated the conferral of the “disputed territory” tag on Jammu and Kashmir at the international plane. Hingorani therefore suggests that presenting the above legal points at the International Court of Justice (ICJ) could potentially remove such “disputed territory” tag, thus altering the political discourse on the Kashmir issue, breaking the political stalemate between India, Pakistan and China and generating movement towards the eventual resolution of the Kashmir issue.

Continued Conflict and Contemporary Issues

India and Pakistan have fought four wars since independence, with Kashmir at the centre of their animosity. The 1947–1948 war established the LoC, while the 1965 war revolved around the Kashmir issue. The 1971 war led to the creation of Bangladesh, deepening Pakistan's grievances, and the 1999 Kargil war resulted from Pakistan's failed attempts to alter the LoC. Hingorani critically evaluates the abrogation of Article 370, pointing out that such abrogation would not remove the “disputed territory” tag on Jammu and Kashmir at the international plane nor compel Pakistan or China to vacate the territory occupied by them.

A Comprehensive Contribution

Hingorani's book offers an unparalleled exploration of the Kashmir issue, combining meticulous research with objective analysis. It captures the tragic legacy of partition and the enduring conflict in Kashmir, making it essential reading for anyone seeking to understand the complexities of this unresolved problem. The hope remains that this work contributes to unravelling the Kashmir knot and paving the way for lasting peace.