INDO-PAK RELATIONS: A STUDY WITH

SPECIFIC REFERENCE TO JAMMU AND

KASHMIR CONFLICT

Submitted To:
Dr. AVINASH SAMAL
Assistant Professor
Faculty of International Relations

Submitted By:
MUSKAN KHATRI
Roll no.87, Semester-V, Section B
B.A. LL.B. (Hons.)

HIDAYATULLAH NATIONAL LAW UNIVERSITY

Uparwara Post, Abhanpur, Atal Nagar, Raipur (C.G.) - 492002
 DECLARATION

I hereby declare that this research work titled “INDO-PAK RELATIONS: A STUDY WITH
SPECIFIC REFERENCE TO JAMMU AND KASHMIR CONFLICTS” is my own work
and represents my own ideas, and where others’ ideas or words have been included, I have
adequately cited and referenced the original sources. I also declare that I have adhered to all
principles of academic honesty and integrity and have not misrepresented or fabricated or falsified
any idea, data, fact or source in my submission.

Muskan Khatri
 ACKNOWLEDGEMENT

Every project big or small is successful largely due to the effort of a number of wonderful people
who have always given their valuable advice or lent a helping hand. I sincerely appreciate the
inspiration; support and guidance of all those people who have been instrumental in making this
project a success.

I, Muskan Khatri, a student of Hidayatullah National Law University, Raipur, am extremely

grateful to Dr. Avinash Samal for the confidence bestowed in me and entrusting my project titled
“INDO-PAK RELATIONS: A STUDY WITH SPECIFIC REFERENCE TO JAMMU
AND KASHMIR CONFLICTS”.

At this juncture I feel deeply honored in expressing my sincere thanks to Dr. Avinash Samal for
providing valuable insights leading to the successful completion of my project.
I would also like to thank all the faculty members of Hidayatullah National Law University,
Raipur, for their critical advice and guidance without which this project would not have been
possible. Last but not the least I place a deep sense of gratitude to my family members and my
friends who have been constant source of inspiration during the preparation of this project work.

Thank You
 TABLE OF CONTENTS

Declaration………………………………………………….……………………..I
Acknowledgement.……………………………………………………………….II
Chapter 1…………………………………………………………1
Introduction and research methodology……………………….…..………1
Research Question…………………………..……………………...2
Objectives………………………………..…………………………2
Scope of study………….……………………..……………………2
Methodology……...……………………………….……………….2
Literature review…………………………….……………………..3
Chapterisation……………………………………………………...3
Chapter 2: History of Kashmir…………………………………………….4
Chapter 3: Influence of international community and actors in
conflict…………………………………..…………………..…………….7
Chapter 4: Current Scenario of
Kashmir…………………………………………………………………..11
Chapter 5: why is Kashmir Important Strategically……………………..13
Chapter 6:Strategies to Resolve the Conflict ………………….…….......15
Conclusion……………………………………………………………….16
References………………………………………………..………..……..17

1
 INTRODUCTION
It is cliché that a nation can choose its friends but cannot choose its neighbors. India and Pakistan
are neighbors with complex problems with each other; that cannot be simply washed away or be
forcefully settled down. Ideology, history and geo-politics remained permanent markers in the
relations between India and Pakistan. India and Pakistan, the two dominant forces from southern
Asia have always had problematic relations over Kashmir ever since the two countries came into
existence in 1947. The conflict in Kashmir has been going on for decades, the nature of which has
changed with the passage of time. One really doesn’t know what the future is for the people of
Kashmir. It is proving to be one of the longest conflicts and is often compared with the Arab Israeli
conflict. The Kashmir conflict is a territorial conflict primarily between India and Pakistan over
the Kashmir region.
The Kashmir conflict started in 1947 by the independence of India and Pakistan. India and Pakistan
got freedom from British Colonialism in 1947. The problem was about 650 princely states
controlled by different individuals. Kashmir was one of the largest princely states. At the time of
partition in 1947 a Hindu Raja Hari Singh was ruling over Kashmir but most of his subjects were
Muslims. At that time British asked all the 650 princely state to decide about their future, whether
they can choose India or Pakistan or may also remain independent. Geographically Kashmir shares
border with Pakistan, India and china. It shares the border Pakistan in West, India in East and South
and China in North. Pakistan, India and china are ruling over different parts of Kashmir Valley.
India is administering over Jammu, The Kashmir Valley, and Ladakh. Pakistan is administering the
territories of Azad Kashmir and Gilgit, Baltistan. China is administering over Aksai Chin and the
Trans-KaraKoram Tract. Kashmir conflict had raised by Indian and Pakistani leaders. From 1947 to
till now India and Pakistan have been fought four wars over Kashmir Conflict. India also fought a
war against China over Kashmir territory in 1962. The Kashmir Conflict is still there unsolved and
Indian military forces in different campaigns for freedom are murdering hundreds of innocent men,
women and children.

1
RESEARCH QUESTIONS:

1. What is the history of the Kashmir conflict?

2. What is the influence of international community and actors in the Kashmir conflict?

3. What is the current situation in the Kashmir conflict?

4. Why is Kashmir so important?

5. What can be possible solution to this conflict?

OBJECTIVES:
The broad objective of study is to analyses the relation between India and Pakistan on Kashmir
conflict by giving significance from the roots of conflict to present scenario and the involvement
and perspectives of outsiders involved in the whole conflict, As Kashmir conflict has raised its
level internationally and different super powers are playing different roles and discussion on this
conflict. The study also involves as to why Kashmir is important to both countries and what can be
the possible solution to this issue.

SCOPE OF STUDY:
The broad study is respectively limited to Kashmir conflict and non other conflicts which exists
between India and Pakistan.

METHODOLOGY:
The following study is a descriptive analytical in approach. It is based on the conflict between
India and Pakistan rose in Kashmir right after the independence of undivided India into India and
Pakistan. It is largely based on secondary sources of data due to its originality been already
settled. Books & other references have been primarily helpful for the completion of this project.

LITERATURE REVIEW:
2
More than 24,000 lives have gone worthless amid the sub-conflict of Kashmir (Johnson, 2005).
Both India and Pakistan have consumed a lot of cash, numerous lives and much effort. Both
nations have battled troublesome campaigns, regularly against the chances, in 1947-8, 1965, 1971
and 1999. So far no nation could accomplish an enduring vital preferred standpoint from any of
the grievous battle. In late March 2003, psychological oppressors thought to be individuals from
Pakistan-upheld Islamic gatherings murdered 24 Hindu villagers in Kashmir. This episode evoked
recollections of the suicide assault by Muslim psychological oppressors on the Indian Parliament
in New Delhi in December 2001. Occasions like these raise the potential risk of war amongst
India and Pakistan. Besides, the rise of the religious right in both nations makes a political domain
that borderline on the prophetically catastrophic. Islamic groups in Pakistan's fringe territories
with Afghanistan won in the last parliamentary decisions. Also, components of Pakistani military
insight keep on supporting fear based oppressor action in Kashmir. Experts trust that President
Musharraf had restricted capacity to check this activity. In the meantime, as the race season
approaches in 2004, the decision party in India, the Bharatiya Janata Party (BJP), resorts
progressively to the idea of Hindutva, a conviction that India is not a mainstream, pluralist state,
but rather the sacrosanct place of Hindu command. What may hold guarantee are endeavors to
associate Indian and Pakistani business pioneers. They have the characteristic motivator of
expanding the low existing level of exchange products and enterprises. Vitality exchange is one
territory of extensive guarantee. India could devour as much vitality as it could get from all of its
neighbors. Vitality connections make reliance connections, nearly by definition. In addition, India
and Pakistan's involvement with the Indus Water Treaty is one of the uncommon positive cases of
judiciousness and inventiveness in the generally beset two-sided relationship.

CHAPTERISATION:

Chapter 1 deals with the introduction to Kashmir conflict and how both India and Pakistan are reacting to
issues and the research methodology of the study. Chapter 2 deals with history of Kashmir and how these
conflicts arose. Chapter 3 deals with the international actors involved in the conflict and their perspectives
and their action towards the conflict. Chapter 4 conveys why Kashmir strategically important to both the
countries. Chapter 5 examines the strategies and recommendations to address the conflict.

3
 CHAPTER-2

BACKGROUND HISTORY OF THE REGION

Conflict over Kashmir is the nucleus of all problems between India and Pakistan. It is increasing
the tensions between the relation of India and Pakistan since their independence from the British
rule in 1947. The British sold Kashmir to Maharajah Ghulab Singh in 1846. Subsequently,
Maharajah Ghulab Singh established himself as the independent princely ruler of Kashmir. This
was done through the famous treaty of Amritsar 1. After Ghulab Singh’s death, his kingdom
passed on to his successors and was ultimately ruled by Maharajah Hari Singh until 1949. These
rulers were known to be tyrannical and oppressive. In 1931, there was even a revolt and general
unrest amongst the majority Muslim population.

The reality of this sub-conflict started when the British India was partitioned in 1947, Muslim
majority areas were to be given to Pakistan while Hindu majority areas were to be given to India.
At the time of Partition there were 650 Princely states. These princely states had the option of
choosing whether to choose India or Pakistan, or they could also remain independent. Although
many princes wanted to be "independent" but this means to support monarchies and there will be
no chance to adopt or implement democratic system. So these princely had to decide to choose to
be a part of India or Pakistan. Most of these princely states decided to choose one between India
and Pakistan based on religion. Muslim states preferred to join Pakistan and Hindu majority states
decided to be a part of India. The state of Jammu and Kashmir was one of the 650 princely states of
the British India. Because of its location, Kashmir could choose one from India and Pakistan.
Maharaja Hari Singh, the ruler of Kashmir, was Hindu while most of the people of Kashmir were
Muslim. At that time Maharaja Hari Singh was unable to decide between India and Pakistan
because he expected that the State's Muslims would be unhappy with accession to India, and the
Hindus and Sikhs would become vulnerable if he joined Pakistan(2)(3). On 11 August, the Maharaja
dismissed his prime minister Ram Chandra Kak, who had advocated independence. Observers and

1
Kashmir: Distortions and Reality, Dinanath Raina
2
"Pandit Ramchandra Kak: The Forgotten Premier of Kashmir", Epilogue, Epilogue -Jammu Kashmir
3
"Henry Scott: The forgotten soldier of Kashmir"
4
scholars interpret this action as a tilt towards accession to India.4 Pakistanis decided to prompt this
possibility by wresting Kashmir by force if necessary. 5 Pakistan made various efforts to persuade
the Maharaja of Kashmir to join Pakistan, that is why he decided to remain neutral and did not
accede to either dominion. As a result, Faced with the Maharaja's indecision on accession, the
Muslim League agents clandestinely worked in Poonch to encourage the local Muslims to an armed
revolt, exploiting an internal unrest regarding economic grievances. The authorities in Pakistani
Punjab waged a 'private war' by obstructing supplies of fuel and essential commodities to the State.

In 1948, says the then-ruler of the princely state of Jammu and Kashmir, Maharaja Hari Singh,
who was holding out for independence, acceded to India on condition that the state retain self-
reliant in all matters except defense, currency and foreign affairs. This decision was not
acceptable by Muslim Majority of Kashmir, so the Muslim population of Kashmir revolted.
Indian leaders view that in October 1947 a force of Pathan tribesmen invaded Kashmir. The
tribesmen had come to help Kashmiri Muslims who were concerned that the Maharajah of
Kashmir was going to hand over Kashmir to India. With the help of tribesmen Kashmiri people
announced the war for their libration against Maharaja Hari Singh and advanced towards Srinagar
Capital of Kashmir. Hari Singh fled to Delhi and directly appealed to the Indian government for
military help to protect his territory. Lord Mountbatten, the last British viceroy and at the rise of
the situation in Kashmir the Governor-General of India, accepted Hari Singh's supplication.
At this point, the Maharajah made an offer to accede to the Indian union in exchange for protection
by Indian forces. India agreed and sent its troops to Kashmir, sparking off the first war between the
two countries. This invasion by Pakistan and the subsequent war in 1948 lead to the creation of a
highly unstable and dangerous rivalry in the Indian subcontinent. In 1948, Indian forces
successfully thwarted the incursion by Pakistan and were even ready to invade Mirpur and
Muzaffarabad (now in Pakistan).6 However, Nehru, the Prime Minister of India, recalled his forces
and took the issue to the UN Security Council. The UN Security Council passed a resolution saying
that Pakistan must withdraw all Pakistani citizens and tribesmen from the area and that a plebiscite
be held to decide the future of the state7. However, due to a lack of interest from the international
community neither objective of the resolution was achieved.

4
Raghavan, War and Peace in Modern India 2010, p. 106
5
Raghavan, War and Peace in Modern India 2010, pp. 31, 34, 105
6
Twist with Destiny, The Pioneer
7
Pakistan and the United Nations on Kashmir, Abdul Hamid Khan, SAAG March 2003

5
Meanwhile, Kashmir has in effect been divided into Azad Kashmir controlled by Pakistan (also
known as Pakistan occupied Kashmir in India) and Jammu & Kashmir (A part of the Indian Union,
also known as India occupied Kashmir in Pakistan). The de facto border between these two regions
was called the LoC (Line of Control). This division stands today and is unofficially accepted as the
border between the two countries. However, both countries still lay claim to the entire Kashmir
valley. This has lead to a dangerous dispute between the two neighboring nuclear powers, India and
Pakistan, and has led to several wars and border skirmishes since 1948.

After the deployment of Indian forces in Jammu and Kashmir on 26th August 1947 the Indian
government adopted double standard policy. Indian government, on one hand, expressed the
intention for resolving the dispute by the choice of Kashmiri people but on the other hand,
practically the Indian leaders, especially Nehru, the Prime Minister of India, took steps to
incorporate the state in the Indian Union. Unlike other inter-state conflicts, Kashmir conflict not
started for strategic stuff neither for geopolitical importance. The key cause of this dispute may be
sought in the diverse conceptions about religion of Indian and Pakistani leaders. India is
representing itself as a secular state, therefore, wanted to include Kashmir, because most of the
population of this state are Muslims, so it can easily demonstrate itself as a secular state. India
argued that if a Muslim-majority area might flourish in the limits of a Hindu dominated state;
India would have been committed to secularism without any doubt. For Pakistan, it was equally
very much important to integrate Kashmir into its dominion, as the homeland of the Muslims of
South Asia. The leaders of Pakistan claim that their Country and Muslim Nation of Pakistan in
incomplete without having Kashmir as a part of Pakistan. In 1948 the ruler of the princely state of
Jammu and Kashmir, Maharaja Hari Singh, who was holding out for independence, acceded to
India on condition that the state retain self reliant in all matters except defense, currency and
foreign affairs. The invasion of Pakistani raiders and an uprising of villagers in the western part of
the state provoked the accession. The war between India and Pakistan ended with U.N.
intervention; since 1948 the U.N. Military Observer Group on India and Pakistan (UNMOGIP)
has monitored the cease-fire line. The northern and western areas of the state Azad Kashmir,
Gilgit-Baltistan are under Pakistan's control; the Kashmir valley, Jammu, and Ladakh are under
India's control. U.N suggested to held a fair referendum to determine the final opinion of
Kashmiri people, but Indian leaders have been rejected this suggestion and claims that because
Kashmiri’s have voted in national elections in India, there is no need for a referendum. Pakistan
maintains that a referendum to be held.
6
 CHAPTER:3

DIFFERENT PERSPECTIVES OF ACTORS

INVOLVED IN CONFLICT
INDIA:
The Union of India got involved in Kashmir conflict when Jammu and Kashmir agreed to the
Union. The first interest in the region resulted from the formation of two major states in the sub-
continent, Pakistan and India. The accession was done in exchange for military aid against the
Pakistan forces, which led to official signing of Kashmir into being a territory of India. In the
first Indo-Pakistan war, India played a defensive role cites Schofield, (2010). India came to the
point of a standstill with Pakistan after the drafting and adoption procedures of the UN Security
Council Resolutions 39 and 47 (Schofield, 2010). Pakistan was unwilling to let up control it
maintained over the regions, leading to a point of standstill between India and Pakistan, Pakistan
also accused India of not honoring the Standstill Agreement between Pakistan and India. India
also accuses Pakistan of sabotaging its efforts for peace in the Kashmir region. India has accused
Pakistan of causing civil unrest and direct attacks from locals. India leadership says that Pakistan
militia attempted to defame the image of Indian rule in the Kashmir people’s eye. India,
currently, has multitude units of stationed military troops in Kashmir and is trying to provide
better living standards to people of Kashmir and also immersing them into the Indian lifestyle a
process that is not take positively by Pakistan (Musarat,2015). Kashmir was a significant area for
India because of numerous reasons and one of them is that according to Navnita (2007), it was
considered an ancestral homeland of Nehru, the first Indian Prime Minister and one of the
founding fathers of India (Schofield, 2010). As a result of this development the Indian
government and leadership used his influence to ensure India’s commitment to retaining
Kashmir Navnita (2007). India economic benefit and advancement formed the basis for and
towards the fight to retain Kashmir. For security and economic needs of India argues Schofield,
(2010), says Kashmir was a strategic significance and therefore it made it necessary for India to
battle and fight hard towards retaining its dominance and control in Kashmir.

7
Economically, as indicated, Kashmir’s rich in the production of timber with the headwaters of
three major rivers of Indus Basin. Kashmir is considered very helpful to India despite the fact
that in 1947 as explained by Musarat, (2015), the economic links of Kashmir with the areas,
which later became the parts of Pakistan, were far greater than with the areas, which became the
part of India after partition Navnita (2007).

PAKISTAN:
Pakistan was one of the chiefly involved parties in the Kashmir dispute. The Dominion of
Pakistan is one of the three states bordering the Jammu-Kashmir region. The vast Muslim
majority residing in Kashmir acted as the main supporting cause for Pakistan. Pakistan were
therefore able to claim that the rule and accommodation provided by the Pakistan government
was the best for Kashmir’s inhabitants. Pakistan supported the two-nation theory and argued that
Kashmir should be part of Pakistan due to negligence of India’s part. Cites that the original
importance of Kashmir for Pakistan lies in the two nation theory upon which all India Muslim
League based its demand for a separate Muslim homeland. In the theory claims that the Hindus
and Muslims are two separate nations who cannot live, together because of their differences in
ideology in both regards to religious and governance. This formed the basis through which the
Pakistan felt it necessary to fight over Kashmir as the Muslims of the subcontinent cannot lead
their lives in full accordance with their beliefs under Hindu domination. Dominance of Indian
control over Kashmir was problematic and became a center of conflict, as it was the sole Muslim
majority region that was not given to Pakistan concludes Wirsing, (1994). Pakistan was involved
in the first Indo-Pakistan War. Pakistan’s Government and Army are also working closely with
local tribesmen, residents, and Kashmir to dismantle Indian influence in the region (Wirsing,
1994). They believe that it is Indian who did not honor the Standstill Agreement and states that
Indian troops and officials have been mal-treating the Kashmir people. Pakistan has been
unwilling to resort to any method of resolution except for plebiscite. This followed its alliance
with CENTO (Wirsing, 1994).

8
CHINA:
China got involved in the dispute in the Aksai Chin region disputed with Kashmir and Jammu.
Also, Tibet, which was a semi-independent state of China, had a role in the deteriorating
relations between China and India. Tension rose over the border between the newly established
People’s Republic of China and India after the Indo-Sino War (Guha& Mahatma, 2014). No
formal treaty was signed over the regions despite the ceasefire between the nations. China also
experienced diplomatic issues with the USSR, USA and other nations it suspected of
expansionist movement. This resulted with the succession of Communist Party leader Mao
Zedong concludes (Guha& Mahatma, 2014).

UNITED NATIONS:
United Nations Commission for India and Pakistan
This established from the adoption of United Nations Security Council Resolution 39 (1948). It
served as the first international meditative measure for this dispute. Since both parties initially
objected the mission and mandate of the body, it thus amended and enacted with United Nations
Security Council Resolution 47 (1948). Its main goal was to assist the conflicted nations in
reaching an accord over the disputed state (Guha & Mahatma, 2014). In determining the future
state of Jammu and Kashmir, the Government of India and the Government of Pakistan decided
that it will be arrived at in accordance with the will of the people and thus upon the acceptance of
the Truce Agreement. Therefore, both the Governments agreed to enter into consultations with
the Commission to determine fair and equitable conditions in order to assure such free
expression. The commission branched out to further create the United Nations Military Observer
Group in India and Pakistan

United Nations Military Observer Group in India and Pakistan

This commission was formed to serve the United Nations Commission for India and Pakistan in
finding preventative and mitigating measures in the region. The full mandate of the commission
is investigating, reporting, and dispute resolution, and especially through the use of an observer.
The first mission with unarmed military observers supervising the mission area of Kashmir and
Jammu was conducted in January 1949.

9
UNITED STATES OF AMERICA:
Owing to its dialogue with India on the Sino-Indian border issue, United States became a third
party in the Kashmir Conflict. In order to create a positive opinion on India in the United States,
the Indian government focused on bettering its relations with the states. India also requested for
various aid from the United States in order to gain an upper hand in the border dispute with
China. However, the United States government responded negatively to Indian government’s
pleas when they requested for a number of troops and armaments to help support India’s
offensive against China (Musarat, 2015).

BRITISH EMPIRE:
India and Pakistan were directorates of the United Kingdom before their partition. Most of their
resources and functions were being directed by the East India Company. United Kingdom
therefore continued to play a vital role in the region after the partition. The United Kingdom
offered consultancy on the issue of unification, alliance, partition and independence of the states
in the sub-continent. British officials were directly involved in trying to find a solution for
Kashmir conflict (Musarat, 2015). United Kingdom currently maintains a relatively distanced
approach to the conflict, following the discharge of East India Company in the area.

UNION OF SOVIET SOCIALIST REPUBLICS:

Soviet Union was first contacted by India to request for military assistance against China. In an
attempt to further strengthen Russo-Indian relations, Nehru spoke with Nikita Khrushchev, while
also requesting for military support for the army in order to secure victory against China. Mao
Zedong however criticized Khrushchev’s behavior, saying that Khrushchev was only willing to
stand in the way of communism and defy communist principles for his own financial gain
(Navnita, 2007). Thus, the Soviet Union refused to offer any military support to fight in the area.
The Soviet Union currently maintains a state of neutrality on the issue between India and
Pakistan.

10
 CHAPTER: 4

CURRENT SCENARIO OF KASHMIR

The Indian government has revoked the special status accorded to Indian-administered Kashmir in
its constitution, the most far-reaching political move on the disputed region in nearly 70 years. A
presidential decree issued on August 5 revoked Article 370 of India's constitution that guaranteed
special rights to the Muslim-majority state, including the right to its own constitution and autonomy
to make laws on all matters except defence, communications and foreign affairs. In the lead-up to
the move, India sent thousands of additional troops to the disputed region, imposed a crippling
curfew, shut down telecommunications and internet, and arrested political leaders. The move has
worsened the already-heightened tensions with neighbouring Pakistan, which said it would
downgrade its diplomatic relations with India. India and Pakistan claim Kashmir in full but rule it
in part. The nuclear-armed neighbours have fought two of their three wars over the disputed
territory. A rebellion in Indian-administered Kashmir has been ongoing for three decades.

The Jammu and Kashmir Reorganisation Act, 2019 is an act of the Parliament of India. It
contains provisions to reconstitute the state of Jammu and Kashmir into two union territories, one
to be eponymously called Jammu and Kashmir, and the other Ladakh. The act will come into effect
on 31 October 2019. A bill for the act was introduced by the Minister of Home Affairs Amit
Shah in the Rajya Sabha, on 5 August 2019. The bill was passed in Rajya Sabha the same day and
was passed by the Lok Sabha on 6 August 2019. It received the President's assent on 9 August
2019.

Background:
Article 370 of the Indian constitution gave Jammu and Kashmir special status. In contrast to
other states of India, Jammu and Kashmir had its own constitution and administrative autonomy 8 In
particular, inter alia, Indian citizens from other states could not purchase land or property in

8 K. Venkataramanan (5 August 2019), "How the status of Jammu and Kashmir is being changed", The Hindu
11
Jammu and Kashmir. 9 Jammu and Kashmir has three distinct areas: Hindu-majority Jammu,
Muslim-majority Kashmir and Buddhist-majority Ladakh.10 Violence and unrest persisted in the
Indian-administered Muslim majority areas and, following a disputed state election in 1987,
an insurgency persisted in protest over autonomy and rights.1112 The Bharatiya Janata Party came to
power in the 2014 Indian general election and had included in their 2019 election manifesto the
revocation of Article 370 of the Constitution of India. 13

Prior to the introduction of the bill and the revocation of the state's special status, the central
government locked down the Kashmir valley, with a surge in security forces, imposition of Section
144 preventing assembly, and placing political leaders under house arrest. 14 The State had been first
under Governor's rule and then under President's rule since 20 June 2018, after the coalition
government headed by Mehbooba Mufti lost support from the Bharatiya Janta Party. 35,000
paramilitary troops were deployed to Indian-administered Kashmir, prior to which a warning was
issued to annual Hindu pilgrims and tourists citing a terror threat and imminent attacks by militants.
The imposing of restrictions included the blocking of internet and phone services. 15 Politicians,
such as former Jammu and Kashmir chief ministers Omar Abdullah and Mehbooba Mufti were put
under house arrest. The moves were followed by the revocation of the state's special status without
the consent of the state legislature, which had ceased to exist owing to President's rule in the
state. Many of the Kashmiri’s who are affected by that decision is under a communication blackout
imposed by the ongoing security lockdown. 16

9
"Article 370 and 35(A) revoked: How it would change the face of Kashmir". The Economic Times. 5 August 2019.
10
Article 370: What happened with Kashmir and why it matters. BBC (2019-08-06)
11
"Kashmir insurgency". BBC News. Archived from the original on 22 February 2017
12
Jeelani, Mushtaq A. (25 June 2001). "Kashmir: A History Littered With Rigged Elections". Media Monitors
Network. Archived from the original on 4 March 2016.
13
Id, see 9
14
Article 370 Jammu And Kashmir LIVE Updates: "Abuse Of Executive Power," Rahul Gandhi Tweets On Article
370 Removal, NDTV, 6 August 2019
15
Ratcliffe, Rebecca. "Kashmir: Pakistan will 'go to any extent' to protect Kashmiris". theguardian.
16
Wani, Mehrunnisa. "Kashmir Under Siege And Forced Into Silence While India Decides Its Future". forbes.
12
 CHAPTER: 5

IMPORTANCE OF KASHMIR

Kashmir is strategically important to India and Pakistan. Kashmir provides Pakistan with much
needed waters to irrigate the fertile plains of Punjab. The Indus and its tributaries flowing in from
Kashmir comprise the primary source of fresh water in Pakistan. As a result, control of the flow of
water in these rivers through dams and canals has been a very important issue for decades.
Furthermore, the Silk Route, the primary land link between Pakistan and China passes through
Kashmir. This is very significant because China has border disputes with India and is also a major
diplomatic and military ally for Pakistan. The Silk route allows China to maintain an aggressive
posture towards India, its biggest regional rival. An instance displaying the strategic importance of
the Silk Route was when Pakistan reopened the road in 1965. Pakistan handed over complete
control of Gilgit, a modern air force base on this route, to China 4. This is very important as today
Gilgit is the point from which China can penetrate deepest into Indian territory4. This significantly
neutralizes the natural security created by the Himalayan range over north India. Interestingly, this
move was made only when border tensions erupted between India and China in the 1960’s. The
Silk Route also strengthens Pakistan’s relationship and trade with China.
There are many other areas in Kashmir that have major geo-political significance. One such area is
the Siachen Glacier in the Karakoram Pass. It is the only barrier preventing Pakistani and Chinese
forces from linking up in Kashmir4. If Pakistan and China were allowed to link up their militaries at
Siachen, India’s national security over the entire northern frontier would be greatly undermined.
Such a link up would create a very powerful military force, consisting of India’s two biggest rivals.
This force would be capable of joint and potentially decisive military action against India.

Additionally, the strategic importance of Kashmir extends beyond South Asia and onto the global
stage. The annexation of Kashmir by Pakistan or the creation of an independent state would create
a continuous block of potential Islamic fundamentalist regions extending all the way from Morocco
to Malaysia. Amongst other things, this would have a detrimental impact on the global strategy in
the ‘war on terror’. Kashmir, already somewhat of a harbor for terrorists worldwide could also
become a fundamentalist state like Iran and support undesirable activities. According to recent
13
declassified documents, the west also had strategic military interests in Kashmir 6. Some analysts
believe that an independent Kashmir, neutral between India and Pakistan, would be dependent on
the west due to its land locked nature. This would give the west an opportunity to establish a
military presence in the valley, thus enabling it to extend its influence beyond the Middle East to
Central Asia and the western border of China. However, another report dismissed the idea as
establishing a military base in the valley would be far too expensive and impractical due to the
unsuitable terrain.
The western nations have also often leveraged Kashmir in their foreign policies with both
India and Pakistan. In the 1980’s Pakistan was a major cold war ally for the west and was
instrumental in the fight against the Soviets in Afghanistan. India in contrast was largely non-
aligned with a bias favoring the Soviet Union. As a result, the west rewarded Pakistan for its
support by reversing its stand on the Kashmir issue to support Pakistan after a period of relative
detachment from the dispute 6. It also became more tolerant of Pakistan’s tacit support to cross
border violence. In the 1990’s as western relations with Pakistan became strained and the Soviet
Union became obsolete, the west became more critical of Pakistan’s support to cross border
terrorism. It applied both diplomatic and financial pressure on Pakistan to stop support for terrorist
activities 6. However, more recently, the west has released some pressure on Pakistan to crack down
on terrorist organizations in Kashmir. This seems to be in response to Pakistan’s support in the
recent ‘war on terror’ and the realization that the Pakistani government may not have as much
control over these terrorists organizations as it did a few years ago. Similarly, the western world has
also often leveraged Kashmir in its foreign policy with regards to India in order to influence the
actions of the Indian government. Therefore, the Kashmir valley has become important to Pakistan,
India and world politics in general.
Besides its strategic and political importance, Pakistan and India both claim Kashmir because of
cultural and social reasons. Kashmir has become ingrained in the minds of both Pakistanis and
Indians as the single biggest issue facing the Indian subcontinent. Pakistan has suffered defeats in
previous wars with India over Kashmir. Pakistan and India have developed a universal enmity and
rivalry extending across all spheres of life. As a result, Kashmir has come to represent very high
stakes for both countries in terms of national pride.

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 CHAPTER: 6

SOLUTIONS TO THE KASHMIR CONFLICT

Tensions are still high in the Kashmir region, this exposes the future of Kashmir to a great risks.
Countless wars and deaths which spanned from the partition period have been witnessed
severally. Several attempts, including international interventions, binding resolutions passed by
the security council, bilateral talks, unilateral actions demilitarization have, been made, but the
best result has only yielded stalemate. There are specific routes that can be followed in order to
end the tensions between the nations. These include:

Retraction of military forces

Retracting the military forces stationed along the borders of Kashmir and Aksai would greatly
help in ending the active and potential direct combat between the nations and eventually results
to a peacefully co-existence.

Bilateral talks

Bilateral talks between the nations will also results to final solution to the conflict. This can be
achieved through face to face meeting among high ranking leaders of both the parties. Mediation
with the United Nations representatives could be moderators within these meetings.

Consideration of the previously rejected plebiscite

This achieved having majority citizens of the region voting on the side they wish to accede to
base on religious, political, social and economic views.

Independence of Jammu and Kashmir

The independence of Jammu and Kashmir would result in the retraction of the claims of both
India and Pakistan on the whole region. This will lead to lifting of all military personnel, political
and economic claims. Independence will also make the state to be internationally recognized and
also locally represented.

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 CONCLUSION
India and Pakistan over the past years have continuously been engaged in taking critical steps
meant to improve and promote their bilateral relations towards promoting peace and stability
between the two nations in regards to the conflict and fight for Kashmir region. As much as the
two foreign ministers of both nations met in mid February in 2016 according to Schofield,
(2010), there has not been tangible outcome from these meetings, as they have not been
effectively felt towards promoting peace and stability in regards to fight for Kashmir region. The
conflict between India and Pakistan is a serious concern for the international community because
of several reasons. One both Pakistan and India come from South Asia and this is where two
nuclear -armed neighbors are in active conflict along the Indo Pakistani border. This form of
conflict is one that can generate to another world war because of the different players supporting
different sides. This conflict currently continues because of the various parties supporting
different sides and making it more difficult to come to a consensus to stop the conflict. Pakistani
is a critical player in fight against global terrorism and this is why the USA continuously
supports Pakistan that has also created a problem towards solving the Kashmir conflict. The
USA because of its interest with Pakistan cannot boldly face Pakistan towards making hard
choices and resolutions towards solving the Kashmir conflict. They assert that the United States
wants to guarantee Pakistan’s active support in counterterrorism activities along the Pakistan-
Afghanistan border and within Pakistan. Use of militants is another factor that plays in the Indo-
Pakistani conflict. India accuses Pakistan of using militants to pressurize concessions from India.
Militants have become rampant towards attacking the Indians soldiers and armies. Many attacks
witnessed along the border side where the Indian army resides have raided by the militants with
accusations channeled to the Pakistani for organizing and funding such raids. These accusations
for some extent are true as and this is what has made the Indian more vulnerable and engage in
consensus and talks with the Pakistan government in regards o Kashmir.

While many experts believe that tangible, measures and factors are at play towards resolving the
Indo-Pakistan conflict. There is still doubt in regards to a lasting solution towards the Kashmir
dispute because of the numerous hard lines taken by both parties and involvement of various
factors, have specific interests in Kashmir and support different parties in the conflict. The most
fundamental challenge is the intrinsic irregularity of ideal objectives with respect to the
disposition of Kashmir where India wants to employ Pakistan to legitimize the territorial status
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quo by finding some means to make official the Line of Control (LOC) in Kashmir as the legal
international border quotes Zalman, Pakistan on the other hand wants India to find some means
of changing, in a variety of ways, the status quo and openly discards the likelihood of
transforming the LOC into the international border as a practical means of conflict resolution.
Resolution to the conflict carries with it internal constraints that do not go well with the new
approach taken by both countries. For example, the political and security dynamics in Pakistan as
illustrated by Zalman, is not appealing as it will not be adequately accommodate Pakistani
demands especially its citizens and the army and present it as the core issues in regards to the
dispute of the Indo-Pakistani conflict. The public in Pakistan as stressing for a just peace in
resolving the Kashmir conflict and therefore issues addressing the involvement of the militants is
also one that will be at play because it will 67 be difficult to accommodate them, for they have to
be dismantled and destroyed as a result. India on its part has its own domestic challenges and
intrigues towards creating an environment that fosters peace and stability and resolving the
conflict with Pakistan. They assert India’s imperfect democracy towards reaching a consensus on
contentious issues such as relations with Pakistan is more of a challenge in its different and
dynamic polity Further, since the Kargil calamity and the continuing attacks inside Indian-
administered Kashmir, many Indians have grown exhausted of Pakistan’s tactics and therefore
hard-liners in India argue that they should not reward Pakistan by being lenient when it ceases its
activities that they should have avoided in the first place.

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 REFERENCES

This project would not have been completed without the following valuable sources of information:

 Akhtar S. (2012). Expanding cross-LOC interactions: A conflict transformation approach to

Kashmir, Spotlight on Regional Affairs, Jan-Feb

 Ali, Chaudhry Muhammad, (2003). The Emergence of Pakistan. Pakistan Historical

Society.

 Ali, T. (2011). Kashmir: The case for freedom. New York, N.Y: Verso.

 Barua, P. (2005). The State at War in South Asia. London: University of Nebraska Press.

 Basrur, M. 2008. South Asia's Cold War: Nuclear Weapons and Conflict in Comparative
Perspective. New York: Routlege.

 Burke S.M. (2005). Mainsprings of Indian and Pakistan Foreign Policies, Paperback.

 Burke, J. (2015). Indian Forces in Kashmir Accused of Human Rights Abuses.

 Cheema. M. (2015). ‘Pakistan-India Conflict with Special Reference to Kashmir’ , 30

(1),p.45-69. Available from :
http://pu.edu.pk/images/journal/csas/PDF/4%20Mis%20Musarat%20Javaid_30_1. pdf>

INTERNET LINKS USED:

 https://pdfs.semanticscholar.org/1066/878f1b88f64cf0fe883683747eda408023c8.pdf

 http://iosrjournals.org/iosr-jhss/papers/Vol20-issue12/Version-5/B0201250712.pdf

 https://www.ifri.org/sites/default/files/atoms/files/kashmir_uprising_india-
pakistan_relations_jacob_2016.pdf

 WWW.JSTOR.COM

 https://en.wikipedia.org/wiki/Kashmir_conflict#Article_370

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