Anti-Secession Law and Indo-Pakistani war of 1947–1948: Difference between pages

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The Indo-Pakistani War of 1947 sometimes known as the '''First Kashmir War''' was a war fought between [[India]] and [[Pakistan]] over the region of [[Kashmir]] from [[1947]] to [[1949]]. It was the first of the many wars fought among the two newly independent nations.
The '''Anti-Secession Law''' ([[Chinese language|Chinese]]: 反分裂国家法, literally "Law Against Splitting the State") is a [[law]] passed by the third conference of the 10th [[National People's Congress]] of the [[People's Republic of China]]. It was ratified on [[March 14]], [[2005]] and went into effect instantly. [[Hu Jintao]], [[President of the People's Republic of China]], promulgated the bill with [http://www.china.org.cn/chinese/zhuanti/ffl/810447.htm Presidential Decree No. 34]. The law is relatively short, at ten articles, but was met with much controversy as it legalized the use of "non-peaceful means" against Taiwan in the event of a declaration of [[Taiwan independence]].
==Cause==
The state of [[Jammu and Kashmir]] had been part of India since time immemorial. It was one of a number of Indian states that recognised British paramountcy. Prior to the withdrawal of the British from India, the state came under pressure from both India and Pakistan to join their states. The [[Maharaja]] of Kashmir, [[Hari Singh]] wanted to remain independent and tried to delay the issue. However at the time of British withdrawal the state was invaded by a concentrated force of Pakistani-backed irregulars and regular Pakistani soldiers. This forced him to accede Kashmir to India who promptly rushed into Kashmir and thus the war had started.
 
==ContentSummary of War==
The AZK had several advantages in the war, notably:
*Prior to the war the Jammu and Kashmir state forces had been spread thinly around the border as a response to terrorist activity, and so were badly deployed to counter a full scale invasion.
*Some of the state forces rebelled and joined the invaders.
*The AZK were also aided by regular Pakistani soldiers who manned some of their units, with the proportion increasing throughout the war.
*British officers may have helped the Pakistanis plan the attack.
As a result of these advantages the main invasion force quickly brushed aside the Jammu and Kashmir state forces. But the attacker’s advantage was not vigorously pressed and the Indians saved the country by airlifting reinforcements. This was at the price of the state formally succeeding to India. With Indian reinforcements the Pakistani / AZK offensive ran out of steam towards the end of 1947. The exception to this was in the High Himalayas sector where the AZK were able to make substantial progress until turned back at the outskirts of Leh in late June 1948. Throughout 1948 many small-scale battles were fought. None of these gave a strategic advantage to either side and the fronts gradually solidified. Support for the AZK forces by Pakistan became gradually more overt with regular Pakistani units becoming involved. A formal cease-fire was declared on [[31 December]], 1948.
==Results of the War==
The independent state of Jammu and Kashmir ceased to exist. The cease fire line has over the years became a de facto division of the country. This has given about one third of the land area to Pakistan and about two thirds to India. The Indians retained control of the relatively wealthy and populous Kashmir Valley, and a majority of the population. In [[1956]], this area became the state of Jammu and Kashmir in the India union.
 
==Stages of the War==
Article 1 states that the aim of the law is to stop the [[Taiwanese independence]] movement and promote [[Chinese reunification|reunification]]. Stabilising the [[Taiwan Straits]] area, protecting the interests of the [[Zhonghua Minzu]] (people of Chinese nationality/ethnicity) are also purposes of the law, which is formulated according to the [[Constitution of the People's Republic of China]].
This war has been split into ten stages by time. The individual stages are detailed below.
 
===Initial Invasion 22 Oct 1947 – 26 Oct 1947 (Op Gulmarg)===
[[Beijing]] claims that this bill is the PRC's most sincere attempt at resolving the [[Taiwan issue]] peacefully. In the full text of the law is there no explicit reference to using force as a means to resolve the issue; instead, the language used is "non-peaceful means" (Article 8).
[[Image:J&K01low.jpg|Initial Invasion 22 Oct 1947 – 26 Oct 1947 (Op Gulmarg)]]<br>
A large invasion of the Kashmir valley was mounted by the irregular forces, aimed at Srinagar, the capital of Jammu and Kashmir. The state forces were defeated and the way to the capital, ([[Srinagar]]), was open. There was also a mutiny by state forces in favour of the AZK in Domel.
In desperation, Hari Singh, the ruler of Kashmir requested the Indian Government for Indian troops to stop the uprising. The Indians told him that if Singh signed an Instrument of Accession allowing Kashmir to join the Indian Union, only then would India rush in troops for the protection of one of its territories. This, the Maharaja promptly did. Following this accession, the Indian troops arrived and quickly blocked the advance of the invaders, preventing the imminent sacking of Srinigar.
However, many of the irregular forces went home with their loot after plundering local towns and thus failed to press the attack home. In the Punch valley the Jammu and Kashmir state forces retreated into towns and were besieged.
 
----
However, [[Taipei]] points to the same Article 8 as cause for concern.
 
===Indian defence of the Kashmir Valley 27 Oct 1947 – 17 Nov 1947===
The [[Three Links]] are mentioned in item 2 of Article 6, and are mentioned as a way for the mainland to "protect the peace and stability in the Taiwan Straits area" and to "develop cross-straits relations".
[[Image:J&K02low.jpg|Indian defence of the Kashmir Valley 27 Oct 1947 – 17 Nov 1947]]<br>
Indian forces, rapidly airlifted to Srinagar managed to defeat the irregular forces on the outskirts of the town. This was partially due to an outflanking manoeuvre by armoured cars. Shattered, the AZK were pursued as far as Baramula and Uri and these towns were recaptured. In the Punch valley the sieges of the loyal Jammu and Kashmir state forces continued. Meanwhile, the troops in Gilgit (the Gilgit Scouts) mutinied and this yielded most of the far north of the state to the AZK.
----
=== Attempted link-up at Punch 18 Nov 1947 – 26 Nov 1947===
[[Image:J&K03low.jpg|Attempted link-up at Punch 18 Nov 1947 – 26 Nov 1947]]<br>
The Indian forces ceased their pursuit of the shattered AZK forces and swung south in an attempt to relieve Punch. This was less successful than hoped, because inadequate reconnaissance had underestimated the difficulty of the roads. Although the relief column eventually reached Punch, the siege could not be lifted. A second relief column reached only Kotli and was forced to evacuate its garrison. Mirpur was captured by the AZK and its inhabitants particularly the Hindus were slaughtered.
----
===Fall of Jhanger and attacks on Naoshera and Uri 25 Nov 1947 - 6 Feb 1948===
[[Image:J&K04low.jpg|Fall of Jhanger and attacks on Naoshera and Uri 25 Nov 1947 - 6 Feb 1948]]<br>
The Pakistani/AZK forces attacked and captured Jhanger. They then attacked Naoshera unsuccessfully. In both areas they killed and raped not only Hindus but any muslims who were against them. Other Pakistani/AZK forces made a series of unsuccessful attacks on Uri. In the south a minor Indian attack secured Chhamb. By this stage of the war the front line began to stabilise as more Indian troops became available.
----
===Op Vijay: counterattack to Jhanger 7 Feb 1948 - 1 May 1948===
[[Image:J&K05low.jpg| Op Vijay: counterattack to Jhanger 7 Feb 1948 - 1 May 1948]]<br>
The Indian forces launched a counterattack in the south recapturing Jhanger and Rajauri. In the Kashmir Valley the Pakistani/AZK forces continued attacking the Uri garrison. In the north Skardu was brought under siege by Pakistani/AZK forces.
----
===Indian Spring Offensive 1 May 1948 - 19 May 1948===
[[Image:J&K06low.jpg|Indian Spring Offensive 1 May 1948 - 19 May 1948]]<br>
The Indians held onto Jhanger against numerous counterattacks from the AZK, who were increasingly supported by regular Pakistani Forces. In the Kashmir Valley the Indians attacked, recapturing Tithwail. The AZK made good progress in the High Himalayas sector, infiltrating troops to bring Leh under siege, capturing Kargil and defeating a relief column heading for Skardu.
----
===Operations Gulab and Erase 19 May 1948 - 14 Aug 1948===
[[Image:J&K07low.jpg|Indian Spring Offensive 1 May 1948 - 19 May 1948]]<br>
The Indians continued to attack in the Kashmir Valley sector driving north to capture Keran and Gurais. They also repelled a counterattack aimed at Tithwail. In the Punch Valley the forces besieged in Punch broke out and temporarily linked up with the outside world again. The AZK made good progress in the High Himalayas sector and got to the outskirts of Leh and eventually captured Skardu. However an attempt to take the town of Leh itself was unsuccessful.
----
===Operation Duck 15 Aug 1948 - 1 Nov 1948===
[[Image:J&K08low.jpg|Operation Duck 15 Aug 1948 - 1 Nov 1948]]<br>
During this time the front began to settle down with less activity by either side, the only major event was an unsuccessful attack by the Indians towards Dras (Operation Duck). The siege of Punch continued.
----
===Operation Easy. Punch link-up 1 Nov 1948 - 26 Nov 1948===
[[Image:J&K09low.jpg|Operation Easy. Punch link-up 1 Nov 1948 - 26 Nov 1948]]<br>
The Indians now started to get the upper hand in all sectors. Punch was finally relieved after a siege of over a year. The AZK forces in the High Himalayas, who had previously made good progress, were finally defeated. The Indians pursued as far as Kargil before being forced to halt due to supply problems. The Zoji-La pass was forced by using tanks (which had not been thought possible at that altitude) and Dras was recaptured. The use of tanks was based on experience gained in Burma in 1945.
----
===Moves up to cease-fire. 27 Nov 1948 - 31 Dec 1948===
[[Image:J&K10low.jpg| Moves up to cease-fire. 27 Nov 1948 - 31 Dec 1948]]<br>
 
Realising that they were not going to make any further progress in any sector, the Pakistanis decided to end the war. A UN cease-fire was arranged for the 31st Dec 1948. A few days before the cease-fire the Pakistanis launched a counter attack, which cut the road between Uri and Punch.
== Background ==
After protracted negotiations a cease-fire was agreed to by both countries, which came into effect. The terms of the cease-fire as laid out in the UNCIP resolution (http://www.mtholyoke.edu/acad/intrel/uncom1.htm) of [[August 13]], 1948 were adopted by the UN on [[January 5]], 1949. This required Pakistan to withdraw her forces, both regular and irregular, while allowing India to maintain minimum strength of her forces in the state to preserve law and order. On compliance of these conditions a plebiscite was to be held to determine the future of the territory. In all, 1,500 soldiers died on each side during the war and Pakistan was able to acquire roughly two-fifths of Kashmir. (http://www.globalsecurity.org/military/world/war/indo-pak_1947.htm)
 
==Military insights gained from the war.==
The proposed '''National Unification Promotion Law of the People's Republic of China''' ([[Chinese language|Chinese]]: &#20013;&#21326;&#20154;&#27665;&#20849;&#21644;&#22269;&#22269;&#23478;&#32479;&#19968;&#20419;&#36827;&#27861;) is a document that appeared in early [[2004]] as a suggestion to create formal legal basis for the [[People's Republic of China]]'s unification with [[Taiwan]]. It was authored by a Chinese scholar Yu Yuanzhou (&#20313;&#20803;&#27954;), a professor from the [[Jianghan University]] in [[Wuhan]] who does not have any formal governmental position. Although no formal legislative action has been taken on the document, this fact that such a law is up for debate is viewed by many in Taiwan as evidence of hostile intent on the part of the PRC. The law will not be applied to [[Hong Kong]] and [[Macao]], as they are independent juducial entities having their own judicial systems.
===On the use of armour===
The use of light tanks and armoured cars was important at two stages of the war. Both of these Indian victories involved very small numbers of AFVs. These were:-
*The defeat of the initial thrust at Srinagar, which was aided by the arrival of 2 armoured cars in the rear of the irregular forces.
*The forcing of the Zoji-La pass with 11 Stuart M5 light tanks.
This may show that armour can have a significant psychological impact if it turns up at places thought of as impossible.
It is also likely that the invaders did not deploy anti-tank weapons to counter these threats. Even the lightest weapons will significantly encumber leg infantry units, so they may well have been perceived as not worth the effort of carrying about, and left in rear areas. This will greatly enhance the psychological impact of the armour when it does appear.
The successful use of armour in this campaign strongly influenced Indian tactics in the 1962 war where great efforts were made to deploy armour to inhospitable regions (although with much less success in that case).
 
===Progression of front lines===
Although Taiwan has never been under PRC control, the PRC government considers [[Taiwan]] to be the 23rd province of the People's Republic of China. According to the PRC argument, the government of the [[Republic of China]] ceased to be legitimate following its retreat to Taiwan in 1949, and thus all soveregnty and governmental authority in China was automatically transferred to the PRC, including that of Taiwan which was then under ROC administration. The official ROC line counters that it did not cease to exist in 1949 and has continued to function as a soverign political entity on Taiwan to the present day, making the relation between the PRC and ROC similar to that between other states similarly partitioned (such as [[North Korea]] and [[South Korea]]). For more information, see [[Political status of Taiwan]]. The PRC's position has been acknowledged by most other nations but not formally recognized, as most nations prefer to take an ambiguous approach on the issue.
*It is interesting to chart the progress of the front lines. After a certain troop density is reached progress was very slow with victories being counted in the capture of individual villages or peaks. Where troop density was lower (as it was in the High Himalayas sector and at the start of the war) rates of advance can be very high.
===Deployment of forces===
*The Jammu and Kashmir state forces were spread out in small packets along the frontier to deal with terrorist incidents. This made them very vulnerable to a conventional attack. India used this tactic against East Pakistan in 1971.
==References==
===Major Sources===
*“Operations In Jammu and Kashmir 1947-1948” Ministry of Defence, Government of India, Thomson Press (India) Limited. New Delhi 1987. This is the Indian Official History, and was the major source for this work.
*“The Indian Army After Independence”, by KC Praval, 1993. Lancer International, 1-897829-45-0
*“Slender Was The Thread: The Kashmir confrontation 1947-1948”, by Maj Gen LP Sen, 1969. Orient Longmans Ltd New Delhi.
*“Without Baggage: A personal account of the Jammu and Kashmir Operations 1947-1949” Lt Gen. E. A. Vas. 1987. Natraj Publishers Dehradun. ISBN 81-85019-09-6.
===Other Sources===
*“The Indian Armour: History Of The Indian Armoured Corps 1941-1971”, by Maj Gen Gurcharn Sandu, 1987, Vision Books Private Limited, New Delhi, ISBN 81-7094-004-4.
*“Thunder over Kashmir”, by Lt Col Maurice Cohen. 1955 Orient Longman Ltd. Hyderabad
*“Battle of Zoji La”, by Brig Gen SR Hinds, Military Digest, New Delhi, 1962.
*“History of Jammu and Kashmir Rifles (1820-1956)”, by Maj K Barhma Singh, Lancer International New Dehli, 1990, ISBN 81-7062-091-0.
 
==See also==
Since 1949, the PRC government has demanded that Taiwan unify under the PRC, and has reserved the right to use military force to compel Taiwan to do so if necessary. However, opinion polls conducted in Taiwan have indicated that there is very little support for unification on the PRC's terms, even among those who favor eventual unification, making peaceful unification unlikely for the forseeable future. With the reelection of [[Chen Shui-bian]] to the ROC Presidency, and the growth of [[Taiwan independence]] sentiment, a new Taiwanese identity appears to be emerging on the island as opposed to identification with China.
*[[Indo-Pakistani War of 1965]]
*[[Partition of India]]
 
[[Category:Indo-Pakistan Wars]]
In a string of unsuccessful efforts to change Taiwanese public opinion, several propositions and leaks from PRC governmental organs expressed consideration for law aiming to formalize the policy for [[Chinese reunification]] between [[mainland China]] and Taiwan under the authority of the PRC. This culminated in [[May 2004]], when [[Premier of the People's Republic of China|Premier]] [[Wen Jiabao]] pronounced to a group of Chinese expatriates in [[London]] that serious consideration of such a law would be taken. [http://www.peacehall.com/news/gb/intl/2004/05/200405112113.shtml] Several days later, Yu's suggestion (similar to a [[green paper]]) emerged.
[[Category:Kashmir]]
 
[[Category:1947]]
=== Provisions of the initial proposal by Yu Yuanzhou===
[[Category:Jammu and Kashmir]]
 
The draft document has 31 articles, organized in 8 chapters. Its provisions touch mostly [[constitution|constitutional law]].
 
Article 2 establishes Taiwan as the "'''Taiwan Special Political Area of PRC''', or Taiwan SPA of PRC for short" (&#20013;&#21326;&#20154;&#27665;&#20849;&#21644;&#22269;&#21488;&#28286;&#29305;&#21035;&#25919;&#27835;&#21306;); this appears to be an [[political divisions of China|administrative division]] of the PRC distinct from the [[Special Administrative Region]] espoused by the PRC government for Taiwan. Curiously, it allows Chinese people loyal (or having affinity) to the [[Republic of China]] to transiently view the mainland as "'''The Mainland Special Political Area of ROC''', or The Mainland SPA of ROC" (&#20013;&#21326;&#27665;&#22269;&#22823;&#38470;&#29305;&#21035;&#25919;&#27835;&#21306;). Article 3 reiterated the PRC's aim to implement the '[[one country, two systems]]' policy for Taiwan, which would be brought into reality with military force if necessary.
 
Article 8 exempts Taiwan from any PRC imposed taxes. Chapter 3 proposes the establishment of a new, common [[currency]] called the '''Chinese dollar''' set by [[fiat currency|fiat]] to be worth 0.1 [[gram]]s of [[gold]] forever.
 
Two methods of unification are laid out as options: Constitutional arrangement for '''peaceful unification''' is contained in Chapter 4: the [[Constitution of the Republic of China]] which is used in Taiwan is said to be obsolete; a [[federation]] is proposed. Chapter 5 provides the legal basis for '''non-peaceful ([[Military of China|military]]) methods of unification'''. The conditions for the use of armed force are set out, and explicitly states that the PRC may not limit itself to the use of conventional weapons, implying the use of [[weapons of mass destruction]]. Article 18 also stipulates that Taiwan will be subject to attack should it defy policy set by the PRC government.
 
Chapter 6 provides for honours for those promoting unification, whereas Chapter 7 sets out criminal penalties against separatism -- limited to acts carried out within Chinese territory, and acts carried out anywhere by Chinese residents in the Mainland, [[Macau]], [[Hong Kong]], and Taiwan.
 
Article 30, section 1 provides that the law and subsequent changes thereof are to be carried out by the [[National People's Congress]] and signed into force by the [[President of the People's Republic of China]] -- parenthetically, 'Head of State', probably to infer the possibility of a different position once the law takes effect; section 2 provides that permanent sections of the law cannot be changed unless later agreements contain promises that are 'more favourable' (&#26356;&#21152;&#20248;&#24800;, but the beneficiary is unspecified); section 3 states that the law is lower than the [[Constitution of the People's Republic of China]] but higher than any other laws of the land.
 
=== Reaction ===
[[President of the Republic of China|President]] [[Chen Shui-bian]] of Taiwan has expressed serious concerns about this proposal, and has expressed doubts that the Taiwanese public would find it acceptable. [http://www.ttnn.com/cna/news.cfm/040730/74] Chen also pointed out that the law being proposed is mostly intended as a measure to legitimize the PRC's military threats against [[Taiwan]]. [http://news1.yam.com//chinatimes/focus/news/200409/20040903075456.html] Furthermore, the proposed law would incriminate anyone holding opinions other than those supporting PRC policy on Taiwan-China unification. Under the law dissidents would be prosecuted under charges of treason, retroactively effective up to 100 years, raising serious questions about [[freedom of speech]] and [[civil liberties]]. Chen stated that the law would only serve to increase the feelings of animosity of the Taiwanese people towards the PRC and increase tensions.
 
It is worth noting that the PRC's [[One country, two systems]] policy has been shown to be approved by less than 10% of Taiwan residents in multiple recent opinion polls[http://www.epochtimes.com/b5/1/7/4/n106193.htm]. Moreover, many people also questioned how a proposed PRC law could be applied onto a territory over which the PRC does not have [[jurisdiction]]. Even though few states formally recognize the ROC as an independent country, most prefer to remain ambigous over the matter. The [[Political status of Taiwan]] is still an ongoing multilateral dispute.
 
It has been unclear as to the degree to which this law is or was ever taken seriously by PRC authorities. The law
was proposed by an individual without any governmental authority, and no formal action on the law has ever been taken by the [[National People's Congress]]. After summer 2004, references to the proposed law on both sides of the straits became rare, leading many to conclude that it was released by the PRC mainly to gauge public opinion.
 
== Development ==
 
In December [[2004]], the Chinese state news agency [[Xinhua News Agency|Xinhua]] reported that the [[National People's Congress]] in its upcoming session would enact an 'anti-[[secession]] law', without specifying further details.
 
In a rare moment of agreement, Taiwanese politicians from both the [[Pan-green coalition]] and [[Pan-blue coalition]] have reacted negatively towards this development. Some politicians have proposed that Taiwan enact an 'anti-annexation law' to counter the proposed PRC law. Various opinion polls have revealed that 80% of Taiwan residents oppose such an 'anti-[[secession]] law' and a majority agree that a defensive [[referendum]] should be held in the advance of such a law to protect the [[status quo]].[http://news.yam.com/ettoday/politics/200412/20041231784093.html]
 
President [[Chen Shui-bian]] commented on the 'anti-[[secession]] law' during his 2005 new year speech: "Such actions will not only unilaterally change the status quo of peace in the Taiwan Strait, but will also pose the greatest threat to regional stability and world peace." Whereas PRC President [[Hu Jintao]] said "We will definitely not allow anyone to separate Taiwan from China by any means." in his New Year’s Eve speech.[http://www.dailytimes.com.pk/default.asp?page=story_2-1-2005_pg4_6]
 
== See also ==
* [[Political status of Taiwan]]
* [[Chinese reunification]]
* [[Taiwan independence]]
 
== External links ==
* [http://cn.news.yahoo.com/05-03-/355/29vvx.html text of the Law Against Splitting the State]
* [http://www.peacehall.com/news/gb/intl/2004/05/200405112113.shtml report of Wen Jiabao on drafting and passing the law]
* [http://www.nanfangdaily.com.cn/rwzk/20040616/sz/200407120023.asp interview with Yu Yuanzhou]
* [http://www.peacehall.com/news/gb/pubvp/2004/05/200405190839.shtml full text of the suggestion document]
*[http://www.etaiwannews.com/Editorial/2004/08/02/1091415032.htm Taiwan News editorial on the proposed law]
* [http://news.bbc.co.uk/1/hi/world/asia-pacific/4104909.stm BBC News: China to enact anti-secession law (2004-12-19)]; [http://news.bbc.co.uk/1/hi/world/asia-pacific/4303907.stm BBC News: Taiwanese protest at China bill (2005-02-28)]; [http://news.bbc.co.uk/1/hi/world/asia-pacific/4327997.stm BBC News: China unveils controversial law]; also: http://news.bbc.co.uk/1/hi/world/asia-pacific/4327997.stm http://news.bbc.co.uk/1/hi/world/asia-pacific/4328405.stm http://news.bbc.co.uk/1/hi/world/asia-pacific/4346283.stm http://news.bbc.co.uk/1/hi/world/asia-pacific/4346629.stm
*[http://www.etaiwannews.com/Taiwan/Politics/2004/12/19/1103423388.htm Taiwan News: Reaction in Taiwan]
*[http://www.people.com.cn/BIG5/shizheng/1026/3062967.html People's Daily: Anti-secession Law will not be applied in Hong Kong and Macao] (in Traditional Chinese)
*[http://news.xinhuanet.com/legal/2004-12/17/content_2348090.htm Xinhua: Anti-sucession Law will not be applied in Hong Kong and Macao] (in Simplified Chinese)
[[Category:Constitutional law]]
[[Category:Laws of the People's Republic of China]]