Kashmir Issue: Kashmir India Jammu and Kashmir Instrument of Accession Pakistan China Shaksam Valley Aksai Chin
Kashmir Issue: Kashmir India Jammu and Kashmir Instrument of Accession Pakistan China Shaksam Valley Aksai Chin
The disputed areas of the region of Kashmir. India claims the entire erstwhile princely state of Jammu and
Kashmirbased on an instrument of accession signed in 1947. Pakistanclaims all areas of the erstwhile state except
for those claimed by China. China claims the Shaksam Valley and Aksai Chin.
The Kashmir conflict (Hindi: कशमीर िववाद, Urdu: )مسئلہ کشمیرis a territorial
dispute between India andPakistan over the Kashmir region, the northwesternmost region of South
Asia.
India claims the entire state of Jammu and Kashmir and as of 2010, administers approximately 43% of
the region, including most of Jammu, the Kashmir Valley, Ladakh, and the Siachen Glacier. India's
claim is contested by Pakistan, which controls approximately 37% of Kashmir, namely Azad
Kashmir and the northern areas of Gilgit and Baltistan. China controls 20% of Kashmir, including Aksai
Chin, which it occupied following the brief Sino-Indian War of 1962, and the Trans-Karakoram
Tract (also known as the Shaksam Valley), which was ceded by Pakistan in 1963.
India has officially stated that it believes that Kashmir is an integral part of India though Prime Minister
of India,Manmohan Singh stated after the 2010 Kashmir Unrest that his government is willing to grant
autonomy within the purview of Indian constitution to Kashmir if there is consensus on this issue.
[1]
Pakistan says that Kashmir is a disputed territory whose final status must be determined by the
people of Kashmir. China states that Aksai Chin is a part of China and does not recognize the addition
of Aksai Chin to the Kashmir region. Certain Kashmiri independence groups believe that Kashmir
should be independent of both India and Pakistan.
India and Pakistan have fought at least three wars over Kashmir, including the Indo-Pakistani Wars of
1947, 1965 and 1999. India and Pakistan have also been involved in several skirmishes over the
Siachen Glacier.
Since 1987, a disputed State election[2] has resulted in some of the state's legislative assembly forming
militant wings, creating a catalyst for insurgency.[3][4][5] The Indian-administered Jammu and
Kashmir has been the site of conflict between the Indian Armed Forces, militants, and separatists.
India has furnished documentary evidence to the United Nations that these militants are supported by
Pakistan, leading to a ban on some terrorist organizations, which Pakistan is yet to enforce. The
turmoil in Jammu and Kashmir has resulted in thousands of deaths,[6] but has become less deadly in
recent years.[7][8] There have been protest movements in Indian Administered Kashmir since 1989. The
movements were created to voice Kashmir's disputes and grievances with the Indian government,
specifically the Indian Military.[7][8] Elections held in 2008 were generally regarded as fair by the United
Nations High Commissioner for Refugees, had a high voter turnout in spite of calls by militants for a
boycott, and led to the pro-India Jammu & Kashmir National Conference forming the government in
the state.[9][10] According to Voice of America, many analysts have interpreted the high voter turnout in
this election as a sign that the people of Kashmir have endorsed Indian rule in the state.[11]
In a 2001 report titled "Pakistan's Role in the Kashmir Insurgency" from the American RAND
Corporation, the think tank noted that "the nature of the Kashmir conflict has been transformed from
what was originally a secular, locally based struggle (conducted via the Jammu Kashmir Liberation
Front – JKLF) to one that is now largely carried out by foreign militants and rationalized in pan-Islamic
religious terms." Most of the militant organizations are composed of foreign mercenaries, mostly from
the Pakistani Punjab.[12] In 2010, with the support of its intelligence agencies, Pakistan has again been
'boosting' Kashmir militants, and recruitment ofmujahideen in the Pakistani state of Punjab has
increased
Early history
According to folk etymology, the name "Kashmir" means "desiccated land" (from
the Sanskrit: Ka = water and shimeera = desiccate). In the Rajatarangini, ahistory of
Kashmir written by Kalhana in the mid-12th century, it is stated that the valley of Kashmir was
formerly a lake. According to Hindu mythology, the lake was drained by the great rishi or
sage, Kashyapa,son of Marichi,son of Brahma,by cutting the gap in the hills at Baramulla
(Varaha-mula). When Kashmir had been drained, Kashyapa asked Brahmans to settle there. This
is still the local tradition, and in the existing physical condition of the country, we may see some
ground for the story which has taken this form. The name of Kashyapa is by history and tradition
connected with the draining of the lake, and the chief town or collection of dwellings in the valley
was called Kashyapa-pura, which has been identified
with Kaspapyros of Hecataeus (apud Stephanus of Byzantium)
and Kaspatyros ofHerodotus (3.102, 4.44).[15] Kashmir is also believed to be the country meant
by Ptolemy's Kaspeiria.[16]
In the 18th century, Kashmir was ruled by the Muslim Pashtun Durrani Empire. In 1819, Kashmir
was conquered by the Sikh ruler Ranjit Singh. Following the First Anglo-Sikh War in 1845 and
1846, Kashmir was first ceded by the Treaty of Lahore to the East India Company, and shortly
after sold by the Treaty of Amritsar toGulab Singh, Raja of Jammu, who thereafter was given the
title Maharaja of Jammu and Kashmir. From then until the Partition of India in 1947, Kashmir was
ruled by the Hindu Maharajas of the princely state of Kashmir and Jammu, although the majority
of the population were Muslim, except in the Jammu region.
After rumours that the Maharaja supported the annexation of Kashmir by India, militant Muslim
revolutionaries from western Kashmir[18] and Pakistani tribesmen made rapid advances into
the Baramulla sector. Maharaja Hari Singh of Kashmir asked the government of India to
intervene. However, India and Pakistan had signed an agreement of non-intervention. Although
tribal fighters from Pakistan had entered Jammu and Kashmir, there was no iron-clad legal
evidence to unequivocally prove that Pakistan was officially involved. It would have been illegal
for India to unilaterally intervene in an open, official capacity unless Jammu and Kashmir officially
joined the Union of India, at which point it would be possible to send in its forces and occupy the
remaining parts.
The Maharaja desperately needed military assistance when the Pakistani tribals reached the
outskirts of Srinagar. Before their arrival into Srinagar, India argued that the Maharaja must
complete negotiations for ceding Jammu and Kashmir to India in exchange for receiving military
aid. The agreement which ceded Jammu and Kashmir to India was signed by the Maharaja
and Lord Mountbatten of Burma.[6] In Jammu and Kashmir, National Conference volunteers
worked with the Indian Army to drive out the Pakistanis.[22]
The Instrument of Accession of Kashmir to India was accepted by Viceroy Louis Mountbatten, 1st Earl
Mountbatten of Burma.
The resulting war over Kashmir, the First Kashmir War, lasted until 1948, when India moved the
issue to the UN Security Council. Sheikh Abdullah was not in favor of India seeking UN
intervention because he was sure the Indian Army could free the entire State of invaders.[22] The
UN had previously passed resolutions for setting up monitoring of the conflict in Kashmir.
Following the set-up of the United Nations Military Observer Group in India and
Pakistan (UNCIP), the UN Security Council passed Resolution 47 on 21 April 1948. The
resolution imposed an immediate cease-fire and called on Pakistan to withdraw all military
presence. The resolution stated that Pakistan would have no say in Jammu and Kashmir politics.
India would retain a minimum military presence and "the final disposition of the State of Jammu
and Kashmir will be made in accordance with the will of the people expressed through the
democratic method of a free and impartial plebiscite conducted under the auspices of the United
Nations." The ceasefire was enacted on 31 December 1948.
The Indian and Pakistani governments agreed to hold the plebiscite, but Pakistan did not
withdraw its troops from Kashmir, thus violating the conditions for holding the plebiscite.[23] Over
the next several years, the UN Security Council passed four new resolutions, revising the terms
of Resolution 47 to include a synchronous withdrawal of both Indian and Pakistani troops from the
region, per the recommendations of General Andrew McNaughton. To this end, UN arbitrators put
forward 11 different proposals for the demilitarization of the region. All of these were accepted by
Pakistan, but rejected by the Indian government.[24] The resolutions were passed by United
Nations Security Council under Chapter VI of the United Nations Charter.[25] Resolutions passed
under Chapter VI of the UN charter are considered non-binding and have no mandatory
enforceability, as opposed to the resolutions passed under Chapter VII.[26]
Sino-Indian War
Main article: Sino-Indian War
In 1962, troops from the People's Republic of China and India clashed in territory claimed by
both. China won a swift victory in the war, resulting in the Chinese annexation of the region
called Aksai Chin, which has continued as of November 2010. Another smaller area, the Trans-
Karakoram, was demarcated as the Line of Control (LOC) between China and Pakistan, although
some of the territory on the Chinese side is claimed by India to be part of Kashmir. The line that
separates India from China in this region is known as the "Line of Actual Control".[27]
In 1965 and 1971, heavy fighting broke out again between India and Pakistan. The Indo-Pakistani
War of 1971 resulted in the defeat of Pakistan and the Pakistani military's surrender in East
Pakistan, leading to the creation of Bangladesh. The Simla Agreement was signed in 1972
between India and Pakistan. By this treaty, both countries agreed to settle all issues by peaceful
means using mutual discussion in the framework of the UN Charter.
In 1989, a widespread popular and armed insurgency[29][30] started in Kashmir. After the 1987
State legislative assembly election, some of the results were disputed. This resulted in the
formation of militant wings after the election and was the beginning of
the Mujahadeen insurgency, which continues to this day.[31] India contends that the insurgency
was largely started by Afghan mujahadeen who entered the Kashmir valley following the end of
the Soviet-Afghan War. Pakistani and Kashmiri nationalists argue that Afghan mujahideen did not
leave Afghanistan in large numbers until 1992, three years after the insurgency began.[32] Yasin
Malik, a leader of one faction of the Jammu Kashmir Liberation Front, was one of the Kashmiris to
organize militancy in Kashmir, along with Ashfaq Majid Wani and Farooq Ahmad Dar (alias Bitta
Karatay). Since 1995, Malik has renounced the use of violence and calls for strictly peaceful
methods to resolve the dispute. He developed differences with one of the senior leaders, Farooq
Siddiqui (alias Farooq Papa), for shunning the demand for an independent Kashmir and trying to
cut a deal with the Indian Prime Minister. This resulted in a spilt in which Bitta Karatay, Salim
Nanhaji, and other senior comrades joined Farooq Papa.[33][34] Pakistan claims these insurgents
are Jammu and Kashmir citizens, and are rising up against the Indian army in an independence
movement. Pakistan accuses the Indian army of committing serious human rights violations in
Kashmir. Pakistan denies that it has or currently is supplying weapons and ammunition to the
insurgents.
India claims these insurgents are Islamic terrorist groups from Pakistan-administered Kashmir
and Afghanistan, fighting to make Jammu and Kashmir, a part of Pakistan.[35] They claim Pakistan
is supplying munitions to the terrorists and training them in Pakistan. India states that the
terrorists have been killing many citizens in Kashmir and committing human rights violations.
They deny that their own armed forces are responsible for human rights abuses. On a visit to
Pakistan in 2006 current Chief Minister of Kashmir Omar Abdullah remarked that foreign militants
were engaged in reckless killings and mayhem in the name of religion.[36] Indian government has
said militancy is now on the decline.[8]
The Pakistani government calls these insurgents "Kashmiri freedom fighters", and claims that it
gives only moral and diplomatic support to these insurgents, though India[37] believes they are
Pakistan-supported terrorists from Pakistan Administered Kashmir. In October 2008,
President Asif Ali Zardari of Pakistan called the Kashmir separatists, terrorists in an interview
with The Wall Street Journal.[38][dead link] These comments by Zardari sparked outrage amongst
many Kashmiris, some of whom defied a curfew by the Indian army to burn him in effigy.[39]
There has been a "purely indigenous, purely Kashmiri"[7] peaceful protest movement alongside
the insurgency in Indian-administered Kashmir since 1989. The movement was created for the
same reason as the insurgency; it began with the disputed election of 1987. The Kashmiris have
grievances with the Indian government, specifically the Indian Military, which has committed
human rights violations, according to the United Nations
Al-Qaeda involvement
Main article: Al-Qaeda
In a 'Letter to American People' written by Osama bin Laden in 2002, he stated that one of the
reasons he was fighting America is because of its support of India on the Kashmir issue.[41]
[42]
While on a trip to Delhi in 2002, U.S. Secretary of Defense Donald Rumsfeld suggested
that Al-Qaeda was active in Kashmir, though he did not have any hard evidence.[43][44] An
investigation in 2002 unearthed evidence that Al-Qaeda and its affiliates were prospering
in Pakistan-administered Kashmir with tacit approval of Pakistan's National Intelligence
agency Inter-Services Intelligence.[45] A team of Special Air Service and Delta Force was sent
intoIndian-administered Kashmir in 2002 to hunt for Osama bin Laden after reports that he was
being sheltered by the Kashmiri militant group Harkat-ul-Mujahideen.[46]U.S. officials believed that
Al-Qaeda was helping organize a campaign of terror in Kashmir in order to provoke conflict
between India and Pakistan. Their strategy was to force Pakistan to move its troops to the border
with India, thereby relieving pressure on Al-Qaeda elements hiding in northwestern Pakistan. U.S.
intelligence analysts say Al-Qaeda and Taliban operatives in Pakistan-administered Kashmir are
helping terrorists they had trained in Afghanistan to infiltrate Indian-administered Kashmir.
[47]
Fazlur Rehman Khalil, the leader of the Harkat-ul-Mujahideen, signed al-Qaeda's 1998
declaration of holy war, which called on Muslims to attack all Americans and their allies.[48] In
2006 Al-Qaeda claim they have established a wing in Kashmir; this worried the Indian
government.[49] Indian Army Lt. Gen. H.S. Panag, GOC-in-C Northern Command, said to reporters
that the army has ruled out the presence of Al-Qaeda in Indian-administered Jammu and
Kashmir. He said that there no evidence that verifies reports from the media of an Al-Qaeda
presence in the state. He stated that Al-Qaeda had strong ties with the Kashmir militant
groups Lashkar-e-Taiba and Jaish-e-Mohammed in Pakistan.[50] While on a visit to Pakistan in
January 2010, U.S. Defense secretary Robert Gates stated that Al-Qaeda was seeking to
destabilize the region and planning to provoke a nuclear war between India and Pakistan.[51]
In September 2009, a U.S. Drone strike reportedly killed Ilyas Kashmiri, who was the chief
of Harkat-ul-Jihad al-Islami, a Kashmiri militant group associated with Al-Qaeda.[52][53] Kashmiri
was described by Bruce Riedel as a 'prominent' Al-Qaeda member,[54] while others described him
as the head of military operations for Al-Qaeda.[55] Waziristan had now become the new battlefield
for Kashmiri militants, who were now fighting NATO in support of Al-Qaeda.[56] Ilyas Kashmiri was
charged by the U.S. in a plot against Jyllands-Posten, the Danish newspaper which was at the
center of Jyllands-Posten Muhammad cartoons controversy.[57]
Indian Army Lt. Gen. H.S. Panag, GOC-in-C Northern Command told reporters that the army has
ruled out the presence of Al-Qaeda in Jammu and Kashmir, and that there is no evidentce that
confirms an Al Qaeda presence in the state.[58]
Conflict in Kargil
Location of conflict.
Main article: Kargil War
In mid-1999, insurgents and Pakistani soldiers from Pakistani Kashmir infiltrated into Jammu and
Kashmir. During the winter season, Indian forces regularly move down to lower altitudes, as
severe climatic conditions makes it almost impossible for them to guard the high peaks near the
Line of Control. The insurgents took advantage of this and occupied vacant mountain peaks of
the Kargil range overlooking the highway in Indian Kashmir that connects Srinagar and Leh. By
blocking the highway, they wanted to cut off the only link between the Kashmir Valley
and Ladakh. This resulted in a high-scale conflict between the Indian Army and the Pakistan
Army.
Fears of the Kargil War turning into a nuclear war provoked the then-United States President Bill
Clinton to pressure Pakistan to retreat. Faced with mounting losses of personnel and posts, the
Pakistan Army withdrew their remaining troops from the area, ending the conflict. India reclaimed
control of the peaks, which they now patrol and monitor all year long.
Kashmir
India ~4 million 95% 4% – –
valley
Northern
Pakistan ~1 million 99% – – –
Areas
Statistics from the BBC report. In Depth *There are roughly 1.5 million refugees from Indian-
administered Kashmir in Pakistan administered Kashmir and Pakistan UNHCR
About 300,000 Hindus in Indian Administered Kashmir valley are internally displaced due to
militancy in Kashmir CIA
Muslims are the majority in Poonch, Rajouri, Kishtwar, and Doda districts in Jammu
region. Shia Muslims make up the majority in Kargil district in Ladakh region.
India does not accept the two-nation theory and considers that Kashmir, despite being a Muslim-
majority state, is in many ways an "integral part" of secular India.[59]
Two-thirds of the former princely state (known as the Indian state of Jammu and Kashmir),
comprising Jammu, the Kashmir Valley, and the sparsely populatedBuddhist area of Ladakh are
controlled by India; one-third is administered by Pakistan. The latter includes a narrow strip of
land called Azad Kashmir and the Northern Areas, compromising the Gilgit Agency, Baltistan, and
the former kingdoms of Hunza and Nagar. Attempts to resolve the dispute through political
discussions were unsuccessful. In September 1965, war broke out again between Pakistan and
India. The United Nations called for another cease-fire, and peace was restored once again
following the Tashkent Declaration in 1966, by which both nations returned to their original
positions along the demarcated line. After the1971 war and the creation of
independent Bangladesh, under the terms of the 1972 Simla Agreement between Prime
Minister Indira Gandhi of India and Zulfiqar Ali Bhutto of Pakistan, it was agreed that neither
country would seek to alter the cease-fire line in Kashmir, which was renamed as the Line of
Control, "unilaterally, irrespective of mutual differences and legal interpretations".
Numerous violations of the Line of Control have occurred, including the incursions by insurgents
and Pakistani armed forces at Kargil leading to the Kargil war. There are also sporadic clashes on
the Siachen Glacier, where the Line of Control is not demarcated and both countries maintain
forces at altitudes rising to 20,000 ft (6,100 m), with the Indian forces serving at higher altitudes.
Indian view
Maharaja Hari Singh signed theInstrument of Accession in October 1947 under which he acceded the State of
Jammu and Kashmir to the Union of India.
India holds that the Instrument of Accession of the State of Jammu and Kashmir to
the Union of India, signed by Maharaja Hari Singh (erstwhile ruler of the State) on 25 October
1947[62][63] & executed on 27 October 1947[63]between the ruler of Kashmir and the Governor
General of India was a legal act, was completely valid in terms of the Government of India Act
(1935), Indian Independence Act (1947) and international law and was total and irrevocable.
[61]
There is no evidence of any deceit practiced by India on Kashmir. The Government of
India had no right to question the right of the Maharaja to sign the Instrument of Accession,
as he alone had the right and power to take a decision for his state. To have asked the ruler
to establish his right to sign the Instrument of Accession would have meant that the
Government of India was going to meddle with the internal policies of the state. Law does not
permit any such intervention in the affairs of another state.[63]
The Constituent assembly of Jammu and Kashmir had unanimously ratified the
Maharaja's Instrument of Accession to India and had adopted a constitution for the state that
called for a perpetual merger of Jammu and Kashmir with the Union of India. India claims that
the Constituent assembly was a representative one, and that its views were those of the
Kashmiri people at the time.
United Nations Security Council Resolution 1172 tacitly accepts India's stand regarding
all outstanding issues between India and Pakistan and urges the need to resolve the dispute
through mutual dialogue and does not call for a plebiscite.[64]
United Nations Security Council Resolution 47 cannot be implemented since Pakistan
failed to withdraw its forces from Kashmir, which was the first step in implementing the
resolution.[65] India is also of the view that Resolution 47 is obsolete, since the geography and
demographics of the region have been permanently altered.[66] The resolution was passed
by United Nations Security Council under Chapter VI of the United Nations Charter. It is
therefore non-binding and has no mandatory enforceability, as opposed to the resolutions
passed under Chapter VII.[25][26]
India does not accept the two-nation theory that forms the basis of Pakistan and
considers that Kashmir, despite being a Muslim-majority state, is in many ways an "integral
part" of secular India.[59]
The state of Jammu and Kashmir was provided significant autonomy in Article 370 of
the Constitution of India.[67]
All differences between India and Pakistan, including Kashmir, need to be settled through
bilateral negotiations as agreed to by the two countries when they signed the Simla
Agreement on 2 July 1972.[68]
Indian security personnel guard JUSBRLrailway station in Anantnag, Kashmir. India has accused Pakistan of
sponsoring terrorism in the region.
Additional Indian viewpoints regarding the broader debate over the Kashmir conflict include —
In a diverse country like India, disaffection and discontent are not uncommon. Indian
democracy has the necessary resilience to accommodate genuine grievances within the
framework of India's sovereignty, unity, and integrity. The Government of India has expressed
its willingness to accommodate the legitimate political demands of the people of the state of
Kashmir.[60]
Insurgency and terrorism in Kashmir is deliberately being fueled by Pakistan to create
instability in the region.[69] The Government of India has repeatedly accused Pakistan of
waging a proxy war in Kashmir by providing weapons and financial assistance to terrorist
groups in the region.[70][71][72][73]
Pakistan is trying to raise anti-India sentiment among the people of Kashmir by spreading
false propaganda against India.[74] According to the state government of Jammu and Kashmir,
Pakistani radio and television channels deliberately spread "hate and venom" against India to
alter Kashmiri opinion.[75]
India has asked the United Nations not to leave unchallenged or unaddressed the claims
of moral, political, and diplomatic support for terrorism, which were clearly in contravention
of United Nations Security Council Resolution 1373. This is a Chapter VII resolution that
makes it mandatory for member states to not provide active or passive support to terrorist
organizations.[76][77]Specifically, it has pointed out that the Pakistani government continues to
support various terrorist organizations, such as Jaish-e-Mohammad and Lashkar-e-Taiba, in
direct violation of this resolution.[78]
India points out reports by human rights organizations condemning Pakistan for the lack
of civic liberties in Pakistan-administered Kashmir.[74][79] According to India, most regions of
Pakistani Kashmir, especially Northern Areas, continue to suffer from lack of political
recognition, economic development, and basic fundamental rights.[80]
Dr Karan Singh, the state’s first and last sadar-e-riyast and son of the last Dogra ruler of
Jammu and Kashmir Maharaja Hari Singh said that the Instrument of Accession signed by
Maharaja Hari Singh was the same as signed by other states; however the state had its own
separate constitution. That is why the state has special status and Article 370. With the
signing of Instrument of Accession, it became an integral part of India.[81]
Pakistani view
Pakistan's claims to the disputed region are based on the rejection of Indian claims to Kashmir,
namely the Instrument of Accession. Pakistan insists that the Maharaja was not a popular leader,
and was regarded as a tyrant by most Kashmiris Pakistan maintains that the Maharaja used brute
force to suppress the population.[82] Pakistan accuses India of hypocrisy, as it refused to
recognize the accession of Junagadh to Pakistan and Hyderabad's independence, on the
grounds that those two states had Hindu majorities (in fact, India had occupied and forcibly
integrated those two territories).[83] Since he had fled Kashmir due to Pakistani invasion, Pakistan
asserts that the Maharaja held no authority in determining Kashmir's future. Pakistan argues that
even if the Maharaja had any authority in determining the plight of Kashmir, he signed the
Instrument of Accession under duress, thus invalidating the legitimacy of his actions.
Pakistan claims that Indian forces were in Kashmir before the Instrument of Accession was
signed with India, and that therefore Indian troops were in Kashmir in violation of the Standstill
Agreement, which was designed to maintain the status quo in Kashmir (although India was not
signatory to the Agreement, which was signed between Pakistan and the Hindu ruler of Jammu
and Kashmir).[84][85]
From 1990 to 1999, some organizations reported that the Indian Armed Forces, its paramilitary
groups, and counter-insurgent militias were responsible for the deaths of 4,501 Kashmiri civilians.
Also from 1990 to 1999, there were records of 4,242 women between the ages of 7–70 being
raped.[86][87] Similar allegations were also made by some human rights organizations.[88]
The popular Kashmiri insurgency demonstrates that the Kashmiri people no longer wish
to remain within India. Pakistan suggests that this means that Kashmir either wants to be with
Pakistan or independent.[89]
According to the two-nation theory, which is one of the theories that is cited for the
partition that created India and Pakistan, Kashmir should have been with Pakistan, because it
has a Muslim majority.
India has shown disregard to the resolutions of the UN Security Council and the United
Nations Commission in India and Pakistan by failing to hold a plebiscite to determine the
future allegiance of the state.[90]
The Kashmiri people have now been forced by circumstances to uphold their right of self-
determination through militancy. Pakistan claims to give the Kashmiri insurgents moral,
ethical and military support (see 1999 Kargil Conflict).
Recent protests in Indian-administered Kashmir attracted a large number of people to
massive rallies that took place to oppose Indian control of the state.[91]
Pakistan points to the violence that accompanies elections in Indian Kashmir[92] and the
anti Indian sentiments expressed by some people in the state.[93]
Pakistan has noted the widespread use of extrajudicial killings in Indian-administered
Kashmir carried out by Indian security forces while claiming they were caught up in
encounters with militants. These encounters are commonplace in Indian-administered
Kashmir. The encounters go largely uninvestigated by the authorities, and the perpetrators
are spared criminal prosecution.[94][95]
Pakistan points towards reports from the United Nations which condemn India for its
human rights violations against Kashmiri people.[40] Human rights organizations have strongly
condemned Indian troops for widespread rape and murder of innocent civilians while
accusing these civilians of being militants.[96][97][98]
Pakistan President Asif Ali Zardari stated in October 2008 that Kashmiri 'freedom fighters'
were terrorists. His remarks were met with widespread condemnation across Pakistan and
Kashmir, including from prominent politicians.[99]
The Chenab formula was a compromise proposed in the 1960s, in which the Kashmir
valley and other Muslim-dominated areas north of the Chenab river would go to Pakistan, and
Jammu and other Hindu-dominated regions would go to India
Cross-border troubles
See also: Line of Control and Siachen Conflict
The border and the Line of Control separating Indian and Pakistani Kashmir passes through
some exceptionally difficult terrain. The world's highest battleground, the Siachen Glacier, is a
part of this difficult-to-man boundary. Even with 200,000 military personnel,[102] India maintains
that it is infeasible to place enough men to guard all sections of the border throughout the various
seasons of the year. Pakistan has indirectly acquiesced its role in failing to prevent "cross border
terrorism" when it agreed to curb such activities[103] after intense pressure from the Bush
administration in mid 2002.
The Government of Pakistan has repeatedly claimed that by constructing a fence along the line of
control, India is violating the Shimla Accord. India claims the construction of the fence has helped
decrease armed infiltration into Indian-administered Kashmir.
In 2002, Pakistani President and Army Chief General Pervez Musharraf promised to check
infiltration into Jammu and Kashmir.
Water dispute
Another reason for the dispute over Kashmir is water. Kashmir is the origin point for many rivers
and tributaries of the Indus River basin. They include the Jhelumand Chenab rivers, which
primarily flow into Pakistan while other branches—the Ravi, Beas, and the Sutlej—irrigate
northern India. The Boundary Award of 1947 meant that the headwaters of Pakistani irrigation
systems were in Indian territory. Pakistan has been apprehensive that in a dire need, India (under
whose portion of Kashmir lies the origins and passage of these rivers) would withhold the flow
and thus choke the agrarian economy of Pakistan. The Indus Waters Treaty signed in 1960
resolved most of these disputes over water, calling for mutual cooperation in this regard. But the
treaty faced issues raised by Pakistan over the construction of dams on the Indian side which
limit water flow to the Pakistani side.
In Jammu and Kashmir, the Islamic insurgency has claimed to have specifically targeted the
Hindu Kashmiri Pandit minority and violated their human rights. 400,000 Kashmiri Hindus have
either been murdered or displaced. The violence was condemned and labeled as ethnic
cleansing in a 2006 resolution passed by the United States Congress.[104] The CIA has reported
about 300,000 Pandit Hindus and over 100,000 Kashmiri Muslims from Indian Administered
Kashmir are internally displaced due to the insurgency.[105][106] The United Nations Commission on
Human Rights reports that there are roughly 1.5 million refugees from Indian-administered
Kashmir in Pakistan-administered Kashmir and in Pakistan.[107]
Claims of human rights abuses have been made against the Indian Armed Forces and the armed
militants operating in Jammu and Kashmir.[108] A 2005 study conducted by Médecins Sans
Frontières found that Kashmiri women are among the worst sufferers of sexual violence in the
world, with 11.6% of respondents reporting that they had been victims of sexual abuse.[109] Some
surveys have found that in the Kashmir region itself (where the bulk of separatist and Indian
military activity is concentrated), popular perception holds that the Indian Armed Forces are more
to blame for human rights violations than the separatist groups. According to the MORI survey of
2002, in Kashmir only 2% of respondents believed that the militant groups were guilty of
widespread human rights abuses, while 64% believed that Indian troops were guilty of the same.
This trend was reversed in other parts of the state.[110] Amnesty International has called on India
to "unequivocally condemn enforced disappearances" and to ensure that impartial investigation is
conducted on mass graves in its Kashmir region. The Indian state police confirms as many as
331 deaths while in custody and 111 enforced disappearances since 1989.[111][112][113][114] Amnesty
International criticised the Indian Military regarding an incident on 22 April 1996, when several
armed forces personnel forcibly entered the house of a 32-year-old woman in the village of
Wawoosa in the Rangreth district of Jammu and Kashmir. They reportedly molested her 12-year-
old daughter and raped her other three daughters, aged 14, 16, and 18. When another woman
attempted to prevent the soldiers from attacking her two daughters, she was beaten. Soldiers
reportedly told her 17-year-old daughter to remove her clothes so that they could check whether
she was hiding a gun. They molested her before leaving the house.[114] However in October
2010, Army Chief Gen VK Singh stated in an interview that over 95% of the allegations of human
rights violations proved to be false and had apparently been levelled with the "ulterior motive of
maligning the armed forces".[115] Giving details, he said 988 allegations against the Army
personnel in Jammu and Kashmir were received since 1994. Out of these 965 cases were
investigated and 940 were found false, accounting for 95.2 percent.[115]
Several international agencies and the UN have reported human rights violations in Indian-
administered Kashmir. In a recent press release the OHCHR spokesmen stated "The Office of
the High Commissioner for Human Rights is concerned about the recent violent protests in
Indian-administered Kashmir that have reportedly led to civilian casualties as well as restrictions
to the right to freedom of assembly and expression."[40] A 1996 Human Rights Watch report
accuses the Indian military and Indian-government backed paramilitaries of "committ[ing] serious
and widespread human rights violations in Kashmir."[116] One such alleged massacre occurred on
6 January 1993 in the town of Sopore. TIME Magazine described the incident as such: "In
retaliation for the killing of one soldier, paramilitary forces rampaged through Sopore's market,
setting buildings ablaze and shooting bystanders. The Indian government pronounced the event
'unfortunate' and claimed that an ammunition dump had been hit by gunfire, setting off fires that
killed most of the victims."[117] There have been claims of disappearances by the police or the
army in Kashmir by several human rights organizations.[118][119] Jammu and Kashmir Public Safety
Act, 1978:[120][121] Human rights organizations have asked Indian government to repeal[122] the
Public Safety Act, since "a detainee may be held in administrative detention for a maximum of two
years without a court order."[112]
A soldier guards the roadside checkpoint outside Srinagar International Airport in January 2009.
Many human rights organizations such as Amnesty International and the Human Rights
Watch (HRW) have condemned human rights abuses in Kashmir by Indians such as "extra-
judicial executions", "disappearances", and torture. The "Armed Forces Special Powers Act"
grants the military, wide powers of arrest, the right to shoot to kill, and to occupy or destroy
property in counterinsurgency operations. Indian officials claim that troops need such powers
because the army is only deployed when national security is at serious risk from armed
combatants. Such circumstances, they say, call for extraordinary measures. Human rights
organizations have also asked Indian government to repea the Public Safety Act, since "a
detainee may be held in administrative detention for a maximum of two years without a court
order." A 2008 report by the United Nations High Commissioner for Refugees determined
that Indian Administered Kashmir was only 'partly free'. A recent report by Amnesty International
stated that up to 20,000 people have been detained by draconian laws in Indian-administered
Kashmir.
A report titled "Kashmir: Present Situation and Future Prospects", which was submitted to
the European Parliament by Emma Nicholson, Baroness Nicholson of Winterbourne, was critical
of the lack of human rights, justice, democracy, and Kashmiri representation in the Pakistan
National Assembly.
International Crisis Group stated that "Almost six decades after Pakistan's independence, the
constitutional status of the Federally Administered Northern Areas (Gilgit and Baltistan), once part
of the former princely state of Jammu and Kashmir and now under Pakistani control, remains
undetermined, with political autonomy a distant dream. The region's inhabitants are embittered by
Islamabad's unwillingness to devolve powers in real terms to its elected representatives, and a
nationalist movement, which seeks independence, is gaining ground. The rise of sectarian
extremism is an alarming consequence of this denial of basic political rights".[131]
In 2009, the Pakistan government implemented an autonomy package for the people of Gilgit-
Baltistan. The package was rejected as an "eyewash" by the Balawaristan National Front, whose
spokesperson stated, "It's meant to distract the international community from the violation of
human rights in this region."[133]Manzoor Hussain Parwana, chairman of the Gilgit-Baltistan United
Movement, stated "The so-called provincial setup aims at concealing the human rights violations
and continue the colonial control over the region."[133] The first step was an election to elect a
Gilgit-Baltistan assembly, amidst criticism of this move by Pakistan.Reuters has reported that
many of the people from the region would rather join Pakistan as a province than integrate into
Kashmir, but many people protested the elections, with some carrying banners reading
"Pakistan's expansionist designs in Gilgit-Baltistan are unacceptable".[134] In December 2009,
activists of nationalist Kashmiri groups staged a protest in Muzaffarabad to condemn the rigging
of elections and "state terrorism" by Pakistani forces.[135]
Map issues
United Nations' map of Jammu and Kashmir, accepted by the Kashmir’s and the Pakistani government
As with other disputed territories, each government issues maps depicting their claims in Kashmir
territory, regardless of actual control. It is illegal in India to exclude all or part of Kashmir in a map.
It is illegal in Pakistan not to include the state of Jammu and Kashmir as disputed territory, as
permitted by the United Nations. Non-participants often use the Line of Control and the Line of
Actual Control as the depicted boundaries, as is done in the CIA World Factbook, and the region
is often marked out in hash marks, although the Indian government strictly opposes such
practices[citation needed]. When Microsoft released a map in Windows 95 and MapPoint 2002, a
controversy was raised because it did not show all of Kashmir as part of India as per the Indian
claim. All the neutral and Pakistani companies claim to follow the UN's map and over 90% of all
maps containing the territory of Kashmir show it as disputed territory.[136]
The boundaries, names, and designations used on the map prepared by the United Nations do
not imply official endorsement or acceptance by the United Nations, the Commonwealth
Secretariat, or the publishers concerning the legal status of any country, territory or area, or of its
authorities, or concerning the delimitation of its frontiers or boundaries. There is no intention to
define the status of Jammu and/or Kashmir, which has not yet been agreed upon by the parties.
A dotted line represents the Line of Control agreed upon by the Republic of India and the
Government of Pakistan since 1972. Both parties have not yet agreed upon the final status of the
region, and nothing significant has been implemented since the peace process began in 2004.
The Government of Pakistan maintains unprovisionally and unconditionally that the informal
accession of Jammu and Kashmir to Pakistan or to the Republic of India remains to be decided
by UN plebiscite. It accepts the UN's map of the territory.
The Government of India states that "the external artificial boundaries of India, especially
concerning the Kashmir region under its jurisdiction created by a foreign body are neither correct
nor authenticated.
Recent developments
India continues to assert their sovereignty or rights over the entire region of Kashmir, while
Pakistan maintains that it is a disputed territory. Pakistan argues that the status quo cannot be
considered as a solution. Pakistan insists on a UN-sponsored plebiscite. Unofficially, the
Pakistani leadership has indicated that they would be willing to accept alternatives such as a
demilitarized Kashmir, if sovereignty of Azad Kashmir was to be extended over the Kashmir
valley, or the "Chenab" formula, by which India would retain parts of Kashmir on its side of the
Chenab river, and Pakistan the other side – effectively re-partitioning Kashmir on communal lines.
The problem is that the population of the Pakistan-administered portion of Kashmir is for the most
part ethnically, linguistically, and culturally different from the Valley of Kashmir, a part of Indian-
administered Kashmir. Therefore a partition on the Chenab formula is opposed by most Kashmiri
politicians from all spectrums, though some, such as Sajjad Lone, have suggested that the non-
Muslim part of Jammu and Kashmir be separated from Kashmir and handed to India. Some
political analysts say that the Pakistan state policy shift and mellowing of its aggressive stance
may have to do with its total failure in the Kargil War and the subsequent 9/11 attacks. These
events put pressure on Pakistan to alter its position on terrorism.[137] Many neutral parties to the
dispute have noted that the UN resolution on Kashmir is no longer relevant.[138] The European
Union has viewed that the plebiscite is not in Kashmiris' interest.[139] The report notes that the UN
conditions for such a plebiscite have not been, and can no longer be, met by Pakistan.
[140]
The Hurriyat Conference observed in 2003 that a "plebiscite [is] no longer an option".
[141]
Besides the popular factions that support either parties, there is a third faction which supports
independence and withdrawal of both India and Pakistan. These have been the respective stands
of the parties for long, and there have been no significant changes over the years. As a result, all
efforts to solve the conflict have been futile so far.
The Freedom in the World 2006 report categorized Indian-administered Kashmir as "partly free",
and Pakistan-administered Kashmir, as well as the country of Pakistan, as "not free".[142] India
claims that contrary to popular belief, a large proportion of the Jammu and Kashmir populace
wishes to remain with India. A MORI survey found that within the Kashmir Valley, 9% of
respondents said they felt they would be better off as Indian citizens, with 78% saying that they
did not know, and the remaining 13% favouring Pakistani citizenship.[143] According to a 2007 poll
conducted by the Centre for the Study of Developing Societies in New Delhi, 87% of respondents
in the Kashmir Valley prefer independence over union with India or Pakistan.[144]
The 2005 Kashmir earthquake, which killed over 80,000 people, led to India and Pakistan
finalizing negotiations for the opening of a road for disaster relief through Kashmir.
After intensive diplomatic efforts by other countries, India and Pakistan began to withdraw troops
from the international border on 10 June 2002, and negotiations began again.[citation needed] Effective
26 November 2003, India and Pakistan agreed to maintain a ceasefire along the undisputed
international border, the disputed Line of Control, and the Siachen glacier. This is the first such
"total ceasefire" declared by both powers in nearly 15 years. In February 2004, Pakistan
increased pressure on Pakistanis fighting in Indian-administered Kashmir to adhere to the
ceasefire. The neighbours launched several other mutual confidence-building measures.
Restarting the bus service between the Indian- and Pakistani- administered Kashmir has helped
defuse the tensions between the countries. Both India and Pakistan have decided to cooperate
on economic fronts.
On 5 December 2006, Pakistani President Pervez Musharraf told an Indian TV channel that
Pakistan would give up its claim on Kashmir if India accepted some of his peace proposals,
including a phased withdrawal of troops, self-governance for locals, no changes in the borders of
Kashmir, and a joint supervision mechanism involving India, Pakistan, and Kashmir.[145] Musharraf
stated that he was ready to give up the United Nations' resolutions regarding Kashmir.
According to the Government of India Home Ministry, 2008 was the year with the lowest civilian
casualties in 20 years, with 89 deaths, compared to a high of 1,413 in 1996.[148] 85 security
personnel died in 2008 compared to 613 in 2001, while 102 militants were killed. The human
rights situation improved, with only one custodial death, and no custodial disappearances. Many
analysts say Pakistan's preoccupation with jihadis within its own borders explains the relative
calm.
Indian security forces and the Indian army responded quickly to keep order. More than 40
unarmed protesters were killed[151][152] and at least 300 were detained.[153] The largest protests saw
more than a half million people waving Pakistani flags and crying for freedom at a rally on 18
August, according to Time magazine.[154] Pro-independence Kashmir leader Mirwaiz Umar
Farooq warned that the peaceful uprising could lead to an upsurge in violence if India's heavy-
handed crackdown on protests was not restrained.[155] The United Nations expressed concern on
India's response to peaceful protests and urged investigations be launched against Indian
security personnel who had taken part in the crackdown.[40]
Separatists and workers of a political party were believed to be behind stone-pelting incidents,
which led to retaliatory fire by the police.[156][157] An autorickshaw laden with stones meant for
distribution was seized by the police in March 2009. Following the unrest in 2008, secessionist
movements got a boost.[158][159]
In March 2009, Abdullah stated that only 800 militants were active in the state and out of these
only 30% were Kashmiris.[164]
In July 2009, U.S. Assistant Secretary of State Robert O. Blake, Jr. stated that the United
States had no plans of appointing any special envoy to settle the dispute, calling it an
issue which needs to be sorted out bilaterally by India and Pakistan.[182] According
to Dawn this will be interpreted in Pakistan as an endorsement of India's position on
Kashmir that no outside power has any role in this dispute.