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Contrary
to usual conception of 16th March treaty of
Amritsar being the sole treaty that was thrust
on Kashmir, there were a series of treaties and
agreements signed in March 1846. Prior to it was
the Lahore treaty of 9thMarch, in which a hand
over and take over of Kashmir was affected
between Khalsa Durbar of Lahore and East India
company and an agreement on 11th March and
ultimately another one, as late as 25th May
1947, between Khalsa Durbar of Lahore and Dogra
Durbar of Jammu exchanging territories to East
and West of Jhelum.
An effort has been made to stick to the original
Persian text of the treaty, as far as possible.
Emphasis on the titles, the honorific, while
referring to persons who negotiated the treaty
has been retained. Over emphasis on formalities
is ingrained in Persian language and culture,
still in 21st century, which might appear
strange to the casual reader, but not to those
who have had a chance to live with Iranians over
a period of time. On to the text of the treaties
and agreements:
Lahore Treaty of Ninth March:-
The treaty which was at Lahore on 9th March,
corresponding to 10th Rabbi-ul-Awal 1292 A.H/29th
Pahgan 1902 carried the signature of seven
ministers. It was finally signed and sealed by
Henry Harding and Maharaja Dilip Singh. Lahore
treaty carries a total of 16 articles, article
4, 12 and 13 being Kashmir specific; 3 and 5
linked to four.
Article Three:-Maharaja Bhadur agrees to
transfer the area of the country between rivers
Ravi and Beas and the adjoining hilly areas to
Company Bhadur, without retaning the legal right
to re-claim it
Article Four:- While as the British Government
in addition to areas noted in article three
asked Lahore Durbar to pay Rs. one and a half
crores as war booty and since Lahore Government
neither has the required cash nor any
possession, satisfactory to the heart’s content
of the British Government so Maharaja Sahab
agrees to transfer for good; forts, the
countries, the legal rights of the hilly state,
falling towards Hazara, between rivers Beas and
Sindh, including Kashmir and Hazara in exchange
of one crore out of one and a half crores, that
it owes to British Government
Article Five:- At the time of signing of treaty,
even before that, Rs. 50 lakhs shall be paid to
British Government
Article Twelve:- Taking cognizance of the
services of Raja Gulab Singh in working out
friendship and unity between the British
Government and Lahore Durbar and proving true to
his salt in stabilizing the State of Lahore,
Maharaja Sahab agrees to accept the right of
full sovereignty, over the hilly territories
[alluding to Kashmir & Hazara in NWFP] which
shall be handed over to the said Raja in a
separate agreement, including the adjoining
hilly territory[pointing to Chamba valley in
Himachal] in Raja Gulab Singh’s care, ever since
the reign of Maharaja Khadak Singh. The British
Government in recognition of Raja as an ally of
exalted British Government agrees to accept and
grant recognition to the sovereign rights of the
said Raja in the mentioned territories through a
separate treaty and make him supreme
Article Thirteen:- Were a dispute to arise
between the Lahore State and Raja Gulab Singh,
Maharaja Sahab, the ruler of Lahore agrees to
put the dispute to an official appointed by
Company Bhadur and whatever the appointee
decides in meditating the dispute, Maharaja
Sahab, the ruler of Lahore shall abide by it,
without a note of dissent
Gulab Singh assumed sovereign rights, over
Kashmir as enshrined in article 4 and 12 of
Lahore treaty, signed on 9th March. The treaty
of Amritsar signed on March, the 16th formalised
what was agreed in Lahore. Allama Iqbal says of
the treaty:
Dahkan, Kisht, Joey VA Khayaban Farukh’tand
Qaum-i- Farukh’tand VA Che Arza’n Farukh’tand!
Peasent, the land, the stream, the avenues
sliced
A nation was sold and how cheap was it priced?!
Amritsar Treaty of 16th. March:-
Article one:-
The British Government hands over the country of
Kashmir and Hazara and the entire mountainous
region, falling between rivers Ravi and Sindh,
towards Hazara, with river Sindh on eastern and
river Ravi on western side including the
territory of Chamb, excluding Lahul; which was
transferred and presented to British Government,
by Lahore royal court, as per article four of
the treaty of 9th March permanently, with total
sovereign rights to Maharaja Gulab Singh’s male
inheritors, in order of succession.
Note: - Hazara, now forms a part of NWFP in
Pakistan, it was however exchanged with Lahore
Durbar, for territories to the ‘East of Jhelum’
within a year of signing of ‘Amritsar Treaty’,
on 25th May, 1847.
Article two:-
The eastern borders of the territory
transferred, as per article one of this treaty
would be settled and marked by trustees of
British Government and Maharaja Gulab Singh and
noted in a separate agreement.
Article three:-
Maharaja Gulab Singh, in exchange of territories
transferred, as per the articles noted above,
shall pay an amount 0f 75 lakhs Nanak Shahi
Rupees to Imperial British Government; 50 lakhs
immediately and 25 lakhs within six months.
Article four:-
The borders of Maharaja Gulab Singh’s country
would not be subjected to any change without
consent of British Government.
Article five:-
If ever incidentally, a dispute arises between
Maharaja Gulab Singh and Lahore court or any one
of his neighbouring states, he would take the
dispute to officials of Government of Company
Bhadur and whatever the settlement, the
officials appointed by Governor General to look
into the matter, decide on; shall be accepted by
Maharaja without reservations.
Article six:-
Maharaja Gulab Singh agrees on his own and on
behalf of his successors; if ever the victorious
British army gets an assignment to be in the
mountainous country or in areas, close to
territories, under his control; Maharaja, with
his all his armed forces, should present
himself, as and when required by British armed
forces.
Article seven:-
Maharaja Sahib agrees; not to take a Britisher,
European or an American, in his employment,
without acceptance and permission of officials
of Company Bhadur.
Article eight:-
Maharaja Sahib agrees to keep in view/ in
consideration articles 5, 6, 7 of a separate
agreement between the British Government and the
Lahore Durbar, signed on 11th March 1846; in the
territories transferred to him.
Note: - While as, what was signed on 9th was
named a ‘Treaty’; within two days, other
considerations, in a rapidly changing political
scenario led to an agreement. In any case,
Lahore hardly had a choice on, what was being
dictated by the victor to the vanquished.
An English translation of these articles reads
as:-
(5) British Government agrees that the Jagirs
(Land holdings) of associates Late Maharaja
Ranjit Singh; Late Maharaja Khadak Singh and
Late Maharaja Sher Singh (all named as
Surag-bashi…residents of Paradise) whose Jagirs
are located at places, which have come to be the
holdings of British Government, as per articles
eight and fourteen of Lahore treaty of 9th
March; shall be retained by the holders and the
holding deeds shall not be suspended, as long as
the present holders are alive.
{Note…these Jagirs were between rivers Ravi and
Sutluj and on the right bank of River Sutluj.
Sher Singh succeeded his brother Khadak Singh,
elder son of Ranjit Singh}
(6) The Lahore court shall seek the help and
cooperation of British Government, in collecting
land tax, for the ‘Kharif yields’ of the year
1902 Bikramjit (Indian Calendar year) as well as
the pending balance.
(7) The Lahore court shall be entitled to
compile a list of items in their treasury,
assets and stored items in the places marked in
articles three and four of 9th March treaty and
British Government shall be entitled to hold,
whatever it deems fit, out of these items, on
reasonable payment. Whatever remains, in case
the Lahore court wants to, shall be put on
auction, in presence of officials of British
Government.
Article nine:-
British Government affirms to safeguard the RAJ
and country of Maharaja from external enemies.
Article ten:-
Maharaja Gulab Singh, keeping in view the
absolute supremacy and ultimate sovereignty of
British Government; agrees to present in
tribute, year after year, a high bred horse,
twelve Tibetan goat woollen hides of high
quality, six male and six female and a two pairs
of Kashmiri Shawls.
This treaty, based on ten articles was concluded
between Fredrick Kerry, Sahab Bhadur and Major
Lawrence, Sahab Bhadur; on behalf of Respected
and Highly titled Nawab; Rt.Honourable, Sir.
Henry Hardinge, GBC; Governor General, as
emissaries/trustees and Maharaja Gulab Singh;
present in person (Asalatan in Persian, a term
in vogue in Nikkah ceremonies)
The takeover of Kashmir was not easy. Lahore
double crossed. Article 13th of Lahore treaty
was invoked, when Imam-ud-Din, the last Governor
of Lahore court, resisted the takeover. The
British would have none of it, enforcing
Maharaja Gulab Singh’s army with their own men
and resistance was subdued.
Yaar Zinda, Sohbat Baqi
[Reunion is subordinate to survival]
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