Book Review: Unravelling the Kashmir Knot – Past, Present and Future By Dr. Aman Hingorani

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 ImperialismThe 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 FrameworkAt 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 HariSingh 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 IntricaciesThe 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 AspectsDr. Hingorani's legal analysis underscores the following points:Princely states were to be sovereign after the lapse of British paramountcy on August 15, 1947.The rulers...

Book Review: Unravelling the Kashmir Knot – Past, Present and Future By Dr. Aman Hingorani

VP Thankachan

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