Dated : 01-07-2010

Issue  : July 2010

Kashmir In-Focus
eMagazine - From Kashmiri's Perspective

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Kashmir On Boil - Time To Heed Sane Voices ( From The Editor's Desk) Hartal is an established tool of resistance (Ahmad Kashmiri ) Genesis of J&K State: March 1846 A.D Treaties (Dr. Javid Iqbal ) Lal Chowk, Vicinity Bears Valley’s Traffic Brunt ( Green Talk )  Need To Protect Heritage Buildings  (Kashmir It Was )  Islam - The Greatest Empowerment for Mankind ( Society )    Austerity in Marriages – A need of the hour (Guest Speaks)  Dreams Shattered - NRI Concern - Dr. Shawl Shelves Rs. 40 Cr Project ( NRK Speaks)  Heads ON  - Dr. Fayaz Shawal ( Heads ON) J&K Yateem Trust - Turning The Tide (Turing The Tide)
:: Genesis of J&K State: March 1846 A.D Treaties - Dr.Javid Iqbal

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]

Feedback on: Iqbal_drji6217@yahoo.co.in or javid.iqbal46@gmail.com

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