Why Was There No Tranfer Of Population?

[G.Subramaniam]

IV
Having defined the scope and limitations of the idea of self-determination we can now proceed to
deal with the question of boundaries of Pakistan. How does the claim of the Muslim League for the
present boundary to remain the boundaries of Pakistan stand in the light of these considerations ?
The answer to this question seems to me quite clear. The geographical layout seems to decide the
issue. No special pleading of any kind is required. In the case of the North-West Frontier Province,
Baluchistan and Sind, the Hindus and the Muslims are intermixed. In these Provinces a case for
territorial separation for the Hindus seems to be impossible. They must remain content with cultural
independence and such political safeguards as may be devised for their safety. The case of the
Punjab and Bengal stands on a different footing. A glance at the map shows that the layout of the
population of the Hindus and the Muslims in these two Provinces is totally different from what one
finds in the other three Provinces. The non-Muslims in the Punjab and Bengal are not found living
in small islands in the midst of and surrounded by a vast Muslim population spread over the entire
surface as is the case with the North-West Frontier Province, Baluchistan and Sind. In Bengal and
the Punjab the Hindus occupy two different areas contiguous and severable. In these circumstances,
there is no reason for conceding what the Muslim League seems to demand, namely, that the
present boundaries of the Punjab and Bengal shall continue to be the boundaries of Western
Pakistan and Eastern Pakistan.
Two conclusions necessarily follow from the foregoing discussion. One is that the non-Muslims of
the Punjab and Bengal have a case for exclusion from Pakistan by territorial severance of the areas
they occupy. The other is that the non-Muslims of North-West Frontier Province, Baluchistan and
Sind have no case for exclusion and are only entitled to cultural independence and political
safeguards. To put the same thing in a different way it may be said that the Muslim League claim
for demanding that the boundaries of Sind, North-West Frontier and Baluchistan shall remain as
they are cannot be opposed. But that in the case of the Punjab and Bengal such a claim is untenable
and that the non-Muslims of these Provinces, if they desire, can claim that the territory they occupy
should be excluded by a redrawing of the boundaries of these two Provinces.
V
One should have thought that such a claim by the non-Muslim minorities of the Punjab and Bengal
for the redrawing of the boundaries would be regarded by the Muslim League as a just and
reasonable claim. The possibility of the redrawing of boundaries was admitted in the Lahore
Resolution of the Muslim League passed in March 1940. The Resolution 12[f.12] said :—
" The establishment of completely independent States formed by demarcating geographically
contiguous units into regions which shall be so constituted, with such territorial readjustments as
may be necessary, that the areas in which the Musalmans are numerically in a majority, as in the
north-western and eastern zones of India, shall be grouped together to constitute independent States
as Muslim free national homelands in which the constituent units shall be autonomous and
sovereign."
That this continued to be the position of the Muslim League is clear from the resolution passed by
the Muslim League on the Cripps Proposals as anyone who cares to read it will know. But there are
indications that Mr. Jinnah has changed his view. At a public meeting held on 16th November
1942in Jullunder Mr. Jinnah is reported to have expressed himself in the following terms:—
" The latest trick—1 call it nothing but a trick—to puzzle and to mislead the ignorant masses
purposely, and those playing the game understand it, is, why should the right of self-determination
be confined to Muslims only and why not extend it to other communities ? Having said that all
have the right of self-determination, they say the Punjab must be divided into so many bits ;
likewise the North-West Frontier Province and Sind. Thus there will be hundreds of Pakistans.
SUB-NATIONAL GROUPS 13[f.13]
" Who is the author of this new formula that every community has the right of self-determination
all over India ? Either it is colossal ignorance or mischief and trick. Let me give them a reply, that
the Musalmans claim the right of self-determination because they are a national group on a given
territory which is their homeland and in the zones where they are in a majority. Have you known
anywhere in history that national groups scattered all over have been given a State ? Where are you
going to get a State for them ? In that case you have got 14 per cent. Muslims in the United
Provinces. Why not have a State for them ? Muslims in the United Provinces are not a national
group; they are scattered. Therefore in constitutional language they are characterized as a
sub-national group who cannot expect anything more than what is due from any civilized
Government to a minority. I hope I have made the position clear. The Muslims are not a
sub-national group; it is their birthright to claim and exercise the right of self-determination."
Mr. Jinnah has completely missed the point. The point raised by his critics was not with regard to
the non-Muslim minorities in general. It had reference to the non-Muslim minorities in the Punjab
and Bengal. Does Mr. Jinnah propose to dispose of the case of non-Muslim minorities who occupy
a compact and an easily severable territory by his theory of a sub-nation ? If that is so, then one is
bound to say that a proposition cruder than his it would be difficult to find in any political
literature. The concept of a sub-nation is unheard of. It is not only an ingenious concept but it is
also a preposterous concept. What does the theory of a subnation connote ? If I understand its
implications correctly, it means a sub-nation must not be severed from the nation to which it
belongs even when severance is possible: it means that the relations between a nation and a
sub-nation are no higher than the relations which subsist between a man and his chattels, or
between property and its incidents. Chattels go with the owner, incidents go with property, so a
sub-nation goes with a nation. Such is the chain of reasoning in Mr. Jinnah's argument. But does
Mr. Jinnah seriously wish to argue that the Hindus of the Punjab and Bengal are only chattels so
that they must always go wherever the Muslims of the Punjab and the Muslims of Bengal choose to
drive them ? Such an argument will be too absurd to be entertained by any reasonable man. It is
also the most illogical argument and certainly it should not be difficult for so mature a lawyer as
Mr. Jinnah, to see the illogicality of it. If a numerically smaller nation is only a sub-nation in
relation to a numerically larger nation and has no right to territorial separation, why can it not be
said that taking India as a whole the Hindus are a nation and the Muslims a sub-nation and as a
sub-nation they have no right to self-determination or territorial separation ?
Already there exists a certain amount of suspicion with regard to the banafides of Pakistan. Rightly
or wrongly, most people suspect that Pakistan is pregnant with mischief. They think that it has two
motives, one immediate, the other ultimate. The immediate motive, it is said, is to join with the
neighbouring Muslim countries and form a Muslim Federation. The ultimate motive is for the
Muslim Federation to invade Hindustan and conquer or rather reconquer the Hindu and re-establish
Muslim Empire in India. Others think that Pakistan is the culmination of the scheme of hostages
which lay behind the demand, put forth by Mr. Jinnah in his fourteen points, for the creation of
separate Muslim Provinces. Nobody can fathom the mind of the Muslims and reach the real
motives that lie behind their demand for Pakistan. The Hindu opponents of Pakistan if they suspect
that the real motives of the Muslims are different from the apparent ones, may take note of them
and plan accordingly. They cannot oppose Pakistan because the motives behind it are bad. But they
are entitled to ask Mr. Jinnah, Why does he want to have a communal problem within Pakistan ?
However vicious may be the motives behind Pakistan it should possess at least one virtue. The
ideal of Pakistan should be not to have a communal problem inside it. This is the least of virtues
one can expect from Pakistan. If Pakistan is to be plagued by a communal problem in the same way
as India has been, why have Pakistan at all ? It can be welcomed only if it provides an escape from
the communal problem. The way to avoid it is to arrange the boundaries in such a way that it will
be an ethnic State without a minority and a majority pitched against each other. Fortunately it can
be made into an ethnic State if only Mr. Jinnah will allow it. Unfortunately Mr. Jinnah objects to it.
Therein lies the chief cause for suspicion and Mr. Jinnah, instead of removing it, is deepening it by
such absurd, illogical and artificial distinctions as nations and sub-nations.
Rather than resort to such absurd and illogical propositions and defend what is indefensible and
oppose what is just, would it not be better for Mr. Jinnah to do what Sir Edward Carson did in the
matter of the delimitation of the boundaries of Ulster ? As all those who know the vicissitudes
through which the Irish Home Rule question passed know that it was at the Craigavon meeting held
on 23rd September 1911 that Sir Edward Carson formulated his policy that in Ulster there will be a
government of Imperial Parliament or a Government of Ulster but never a Home Rule Government.
As the Imperial Parliament was proposing to withdraw its government, this policy meant the
establishment of a provisional government for Ulster. This policy was embodied in a resolution
passed at a joint meeting of delegates representing the Ulster Unionist Council, the County Grand
Orange Lodges and Unionist Clubs held in Belfast on 25th September 1911. The Provisional
Government of Ulster was to come into force on the day of the passing of the Home Rule Bill. An
important feature of this policy was to invest the Provisional Government with a jurisdiction over
all " those districts which they (Ulsterites) could control."
The phrase " those districts which they could control " was no doubt meant to include the whole of
the administrative division of Ulster. Now this administrative division of Ulster included nine
counties. Of these three were overwhelmingly Catholic. This meant the compulsory retention of the
three Catholic counties under Ulster against their wishes. But what did Sir Edward Carson do in the
end ? It did not take long for Sir Edward Carson to discover that Ulster with three overwhelmingly
Catholic districts would be a liability, and with all the courage of a true leader he came out with a
declaration that he proposed to cut down his losses and make Ulster safe. In his speech in the
House of Commons on the 18th of May 1920 he announced that he was content with six counties
only. The speech that he made on that occasion giving his reasons why he was content only with
six counties is worth quoting. This is what he said 14[f.14] :—
" The truth is that we came to the conclusion after many anxious hours and anxious days of going
into the whole matter, almost parish by parish and townland by townland, that we would have no
chance of successfully starting a Parliament in Belfast which would be responsible for the
government of Donegal, Caven and Monaghan. It would be perfectly idle for us to come here and
pretend that we should be in a position to do so. We should like to have the very largest areas
possible, naturally. That is a system of land grabbing that prevails in all countries for widening the
jurisdiction of the various governments that are set up ; but there is no use in our undertaking a
government which we know would be a failure if we were saddled with these three counties."
These are wise, sagacious and most courageous words. The situation in which they were uttered has
a close parallel with the situation that is likely to be created in the Punjab and Bengal by the
application of the principle of Pakistan. The Muslim League and Mr. Jinnah if they want a peaceful
Pakistan should not forget to take note of them. It is no use asking the non-Muslim minorities in the
Punjab and Bengal to be satisfied with safeguards. If the Musalmans are not prepared to be content
with safeguards against the tyranny of Hindu majority why should the Hindu minorities be asked to
be satisfied with the safeguards against the tyranny of the Muslim majority ? If the Musalmans can
say to the Hindus " Damn your safeguards, we don't want to be ruled by you "—an argument which
Carson used against Redmond—the same argument can be returned by the Hindus of the Punjab
and Bengal against the Muslim offer to be content with safeguards.
The point is that this attitude is not calculated to lead to a peaceful solution of the problem of
Pakistan. Sabre-rattling or show of force will not do. In the first place, this is a game which two can
play. In the second place, arms may be an element of strength. But to have arms is not enough. As
Rousseau said : " The strongest is never strong enough to be always master, unless he transforms
his might into right, and obedience into duty." Only ethics can convert might into right and
obedience into duty. The League must see that its claim for Pakistan is founded on ethics.
VI
So much for the problem of boundaries. I will now turn to the problem of the minorities which
must remain within Pakistan even after boundaries are redrawn. There are two methods of
protecting their interests.
First is to provide safeguards in the constitution for the protection of the political and cultural rights
of the minorities. To Indians this is a familiar matter and it is unnecessary to enlarge upon it.
Second is to provide for their transfer from Pakistan to Hindustan. Many people prefer this solution
and would be ready and willing to consent to Pakistan if it can be shown that an exchange of
population is possible. But they regard this as a staggering and a baffling problem. This no doubt is
the sign of a panic-stricken mind. If the matter is considered in a cool and calm temper it will be
found that the problem is neither staggering nor baffling.
To begin with consider the dimensions of the problem. On what scale is this transfer going to be ?
In determining the scale one is bound to take into account three considerations. In the first place, if
the boundaries of the Punjab and Bengal are redrawn there will be no question of transfer of
population so far as these two Provinces are concerned. In the second place, the Musalmans
residing in Hindustan do not propose to migrate to Pakistan nor does the League want their
transfer. In the third place, the Hindus in the North-West Frontier Province, Sind and Baluchistan
do not want to migrate. If these assumptions are correct, the problem of transfer of population is far
from being a staggering problem. Indeed it is so small that there is no need to regard it as a problem
at all.
Assuming it does become a problem, will it be a baffling problem ? Experience shows that it is not
a problem which it is impossible to solve. To devise a solution for such a problem it might be well
to begin by asking what are the possible difficulties that are likely to arise in the way of a person
migrating from one area to another on account of political changes. The following are obvious
enough : (1) The machinery for effecting and facilitating the transfer of population. (2) Prohibition
by Government against migration. (3) Levy by Government of heavy taxation on the transfer of
goods by the migrating family. (4) The impossibility for a migrating family to carry with it to its
new home its immovable property. (5) The difficulty of obviating a resort to unfair practices with a
view to depress unduly the value of the property of the migrating family. (6) The fear of having to
make good the loss by not being able to realize the full value of the property by sale in the market.
(7) The difficulty of realizing pensionary and other charges due to the migrating family from the
country of departure. (8) The difficulty of fixing the currency in which payment is to be made. If
these difficulties are removed the way to the transfer of population becomes clear.
The first three difficulties can be easily removed by the two States of Pakistan and Hindustan
agreeing to a treaty embodying an article in some such terms as follows :—
" The Governments of Pakistan and Hindustan agree to appoint a Commission consisting of equal
number of representatives and presided over by a person who is approved by both and who is not a
national of either.
" The expense of the Commission and of its Committees both on account of its maintenance and its
operation shall be borne by the two Governments in equal proportion.
" The Government of Pakistan and the Government of Hindustan hereby agree to grant to all their
nationals within their territories who belong to ethnic minorities the right to express their desire to
emigrate.
" The Governments of the States above mentioned undertake to facilitate in every way the exercise
of this right and to interpose no obstacles, directly or indirectly, to freedom of emigration. All laws
and regulations whatsoever which conflict with freedom of emigration shall be considered as null
and void."
The fourth and the fifth difficulties which relate to transfer of property can be effectually met by
including in the treaty articles the following terms:
" Those who, in pursuance of these articles, determine to take advantage of the right to migrate
shall have the right to carry with them or to have transported their movable property of any kind
without any duty being imposed upon them on this account.
"So far as immovable property is concerned it shall be liquidated by the Commission in accordance
with the following provisions:
(1) The Commission shall appoint a Committee of Experts to estimate the value of the immovable
property of the emigrant The emigrant interested shall have a representative chosen by him on the
Committee.
(2) The Commission shall take necessary measures with a view to the sale of immovable property
of the emigrant"
As for the rest of the difficulties relating to reimbursement for loss, for payment of pensionary and
charges for specifying the currency in which payments are to be made the following articles in the
treaty should be sufficient to meet them :
" (1) The difference in the estimated value and the sale price of the immovable property of the
emigrant shall be paid in to the Commission by the Government of the country of departure as soon
as the former has notified it of the resulting deficiency. One-fourth of this payment may be made in
the money of the country of departure and three-fourths in gold or short term gold bonds.
" (2) The Commission shall advance to the emigrants the value of their immovable property
determined as above.
" (3) All civil or military pensions acquired by an emigrant at the dale of the signature of the
present treaty shall be capitalized at the charge of the debtor Government, which must pay the
amount to the Commission for the account of its owners.
" (4) The funds necessary to facilitate emigration shall be advanced by the States interested in the
Commission."