The Kashmir conflict refers to the territorial dispute between India and Pakistan (and between India and the People's Republic of China) over Kashmir, the northwesternmost region of the Indian subcontinent.
India claims the entire erstwhile Dogra princely state of Jammu and Kashmir and presently administers approximately half the region including most of Jammu, Kashmir Valley, Ladakh and the Siachen Glacier. India's claim is contested by Pakistan which controls a third of Kashmir, mainly Azad Kashmir and the northern areas of Gilgit and Baltistan. The Kashmiri region under Chinese control is known as Aksai Chin. In addition, China also controls the Trans-Karakoram Tract, also known as the Shaksam Valley, that was ceded to it by Pakistan in 1963.
The official stated stance of India is that Kashmir is an "integral part" of India, while the official stated stance of Pakistan is that Kashmir is a disputed territory whose final status can only be determined by the Kashmiri people.
India and Pakistan have fought three wars over Kashmir: in 1947, 1965, and 1999. India and China have clashed once, in 1962 over Aksai Chin as well as the northeastern Indian state of Arunachal Pradesh. India and Pakistan have also been involved in several skirmishes over Siachen Glacier. Since the 1990s, the Indian state of Indian administered Jammu and Kashmir has been hit by confrontation between Kashmiri separatists, including militants who India alleges are supported by Pakistan, and the Indian Armed Forces, which has resulted in thousands of deaths[1].
Contents |
In 1935, British rulers compelled the Dogra King of Jammu and Kashmir to lease parts of his kingdom, which were to make up the new Province of the North-West Frontier, for 60 years. This move was designed to strengthen the northern boundaries, especially from Russia.
In 1947, the British dominion of India came to an end with the creation of two new nations, India and Pakistan. Each of the 562 Indian princely states joined one of the two new nations: the Union of India or the Dominion of Pakistan. Jammu and Kashmir had a predominantly Muslim population but a Hindu ruler, and was the largest of these autonomous states and bordered both modern countries. Its ruler was the Dogra King (or Maharaja) Hari Singh. Hari Singh preferred to remain independent and sought to avoid the stress placed on him by either India and Pakistan by playing each against the other.
In October 1947, Pakistani tribals from Dir entered Kashmir with the hope to liberate it from Dogra rule. The state forces were not able to withstand the invasion and the Maharaja signed The Instrument of Accession that was accepted by the Government of India on October 27, 1947.
The following is a timeline of the Kashmir conflict.
The irregular Pakistani tribals made rapid advances into Kashmir (Baramulla sector) after the rumours that the Maharaja was going to decide for the union with India. Maharaja Hari Singh of Kashmir asked the Government of India to intervene. However, the Government of India pointed out that India and Pakistan had signed an agreement of non-intervention (maintenance of the status quo) in Jammu and Kashmir; and although tribal fighters from Pakistan had entered Jammu and Kashmir, there was, until then, no iron-clad legal evidence to unequivocally prove that the Government of 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 the Indian military's help when the Pathan tribal invaders reached the outskirts of Srinagar. Before their arrival into Srinagar, India argues that Maharaja Hari Singh completed negotiations for acceding 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.
The resulting war over Kashmir, the First Kashmir War, lasted until 1948, when India moved the issue to the UN Security Council. The UN previously had passed resolutions setting up for the monitoring of the conflict in Kashmir. The committee it set up was called the United Nations Committee for India and Pakistan. Following the set up of the UNCIP the UN Security Council passed Resolution 47 on April 21, 1948. The resolution imposed that an immediate cease-fire take place and said that Pakistan should withdraw all presence and had no say in Jammu and Kashmir politics. It stated that India should retain a minimum military presence and stated "that 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 cease fire took place December 31, 1948.
At that time, the Indian and Pakistani governments agreed to hold the plebiscite but Pakistan did not withdraw its troops from Kashmir thus violating the condition for holding the plebiscite. 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 - every one of which was accepted by Pakistan, but rejected by the Indian government.[13]
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 administration of the region called Aksai Chin, which continues to date. In addition to these lands, another smaller area, the Trans-Karakoram, was demarcated as the line of control between China and Pakistan, although parts on the Chinese side are claimed by India to be parts of Kashmir. The line that separates India from China in this region is known as the Line of Actual Control. [10]
In 1965 and 1971, heavy fighting again broke out between India and Pakistan. The Indo-Pakistani War of 1971 resulted in the defeat of Pakistan and Pakistan Military's surrender in East Pakistan (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 and mutual discussions in the framework of the UN Charter.
In 1989, a widespread armed insurgency started in Kashmir, which continues to this day. India contends that this was largely started by the large number of Afghan mujahideen who entered the Kashmir valley following the end of the Soviet-Afghan War, though Pakistan and Kashmiri nationalists argue that Afghan mujahideen did not leave Afghanistan in large numbers until 1992, three years after the insurgency began.[14] Yasin Malik, a leader of one faction of the Jammu Kashmir Liberation Front,along with Ashfaq Majid Wani and Bitta Karate, was one of the Kashmiris to organize militancy in Kashmir. However 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 leader farooq papa for shunning the demand for independent Kashmir and trying to cut a deal with Indian Prime Minister resulting in spilt in which Bitta Karete Salim nanaji and other senior comrades joined Farooq papa.(see Praveen Swami; PMO in secret talks with secessionists.[11] [12][15]
Pakistan claims these insurgents are Jammu and Kashmir citizens, and they are rising up against the Indian Army in an independence movement. It also says the Indian Army is committing serious human rights violations to the citizens of Jammu and Kashmir. It denies that it is giving armed help to the insurgents. India claims these insurgents are Islamic terrorist groups from Pakistan-administered Kashmir and Afghanistan, fighting to make Jammu and Kashmir part of Pakistan. It believes Pakistan is giving armed help to the terrorists, and training them in Pakistan. It also says the terrorists have been killing many citizens in Kashmir, and committing human rights violations, while denying that its own armed forces are responsible for the human rights abuses.
The Pakistani government calls these insurgents, "Kashmiri freedom fighters", and claims that it gives only moral and diplomatic support to these insurgents, though India[16] believes they are Pakistan-supported terrorists from Pakistan Administered Kashmir.
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, [13] 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 [14] after intense pressure from the Bush administration in mid 2002.[15]
The Government of Pakistan has repeatedly claimed that by constructing a fence along the line of control, India is violating the Shimla Accord. However, 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.
Claims of human rights abuses have been made concerning on both the Indian Armed Forces and the armed militants operating in Jammu and Kashmir. [16]. 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.[17] 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 however in other parts of the state.[18]
Ever since the Partition of India in 1947, both India and Pakistan have staked their claim to Kashmir. These claims are centred on historical incidents and on religious affiliations of the Kashmiri people. The whole Kashmir issue has caused longstanding enmity between post-Colonial India and newly created Muslim Pakistan. It arose as a direct consequence of the partition and independence of the Indian subcontinent in August 1947. The state of Jammu and Kashmir, which lies strategically in the Northwest of the subcontinent, bordering China and the former Soviet Union, was a princely state ruled by Maharaja Hari Singh. In geographical terms, the Maharaja could have joined either of the two new Dominions. Although urged by the Viceroy, Lord Mountbatten, to determine the future of his state before the transfer of power took place, Hari Singh demurred.
Kashmir remains bitterly divided on the ground; two-thirds of it (known as the Indian state of Jammu and Kashmir) compromising Jammu, the Valley of Kashmir and the sparsely populated Buddhist area of Ladakh are controlled by India; one-third is administered by Pakistan. This area includes a narrow strip of land (Azad Kashmir and the Northern Areas) compromising the Gilgit Agency, and Baltistan and the former kingdoms of Hunza and Nagar. Attempts to resolve the 'core issue' through political discussion were unsuccessful. In September 1965 war broke out again between Islamabad and Delhi. The United Nations called for a yet 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 the 1971 war and the creation of independent Bangladesh under the terms of the 1972 Simla Agreement, Prime Minister Indira Gandhi of India and Zulfiqar Ali Bhutto of Pakistan agreed that neither side 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 including the infamous incursions by insurgents and Pakistani armed forces at Kargil which led to the Kargil war as well as sporadic clashes on the Siachen Glacier where both countries maintain forces at altitudes rising to 20,000 ft, add to concern for the stability of the hostile region.
The Indian claim to Kashmir centers on the agreement between the Dogra Maharaja Hari Singh, Prime Minister Jawaharlal Nehru and Lord Mountbatten according to which the erstwhile Kingdom of Jammu and Kashmir became an integral part of the Union of India through the Instrument of Accession. It also focuses on India's claim of secular society, an ideology that is not meant to factor religion into governance of major policy and thus considers it irrelevant in a boundary dispute. Another argument by India is that, in India, minorities are very well integrated, with some members of the minority communities holding positions of power and influence in India. Even though more than 80% of India's population practices Hinduism, a former President of India, A.P.J. Abdul Kalam, is a Muslim while Sonia Gandhi, the parliamentary leader of the ruling Congress Party, is a Roman Catholic. The current prime minister of India, Manmohan Singh, is a Sikh and leader of opposition, Lal Krishna Advani, is a Hindu.
In short, India holds that,
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 also 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 occupied and forcibly integrated those two territories). Furthermore, as he had fled Kashmir due to Pakistani invasion, Pakistan asserts that the Maharaja held no authority in determining Kashmir's future. Additionally, 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 also 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, signed between Pakistan and the Hindu ruler of Jammu and Kashmir).[23][24].
From 1990 to 1999 some organizations report that Indian Armed Forces, its paramilitary groups, and counter-insurgent militias have been responsible for the deaths 4,501 of Kashmiri civilians. Also from 1990 to 1999, there are records of 4,242 women between the ages of 7-70 that have been raped.[25][26]. Similar allegations were also made by some human rights organizations.[27]
In short, Pakistan holds that
Another reason behind the dispute over Kashmir is water. Kashmir is the origin point for many rivers and tributaries of the Indus River basin. They include Jhelum and Chenab which primarily flow into Pakistan while other branches - the Ravi, Beas and the Sutlej irrigate northern India. Pakistan has been apprehensive that in a dire need India under whose portion of Kashmir lies the origins and passage of the said rivers, would use its strategic advantage and withhold the flow and thus choke the agrarian economy of Pakistan. The Boundary Award of 1947 meant that the headworks of the chief irrigation systems of Pakistan were left located in Indian Territory. The Indus Waters Treaty signed in 1960 resolved most of these disputes over the sharing of water, calling for mutual cooperation in this regard. This treaty faced issues raised by Pakistan over the construction of dams on the Indian side which limit water to the Pakistani side.
As with other disputed territories, each government issues maps depicting their claims in Kashmir as part of their territory, regardless of actual control. It is illegal in India to exclude all or part of Kashmir in a map. It is also 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 hashmarks, although the Indian government strictly opposes such practices. 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 Indian claim. However, all the neutral and Pakistani companies claim to follow UN's map and over 90% of all maps containing the territory of Kashmir show it as disputed territory.[17]
Sources from:
UN: The boundaries and names shown and the designations used on the map do not imply official endorsement or acceptance by the United Nations. Dotted line represents approximately the Line of Control of Jammu and Kashmir agreed upon by the Republic of India and the Government of Pakistan since 1972. Both the 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.
Islamabad: The Government of Pakistan maintains un-provisionally and unconditionally stating that the informal "Accession of Jammu and Kashmir" to Pakistan or even to the Republic of India remains to be decided by UN plebiscite. It accepts UN's map of the territory. Also the designations and the presentation of the Kashmir's regional map based on UNO practice, do not imply the expression of any opinion whatsoever on the part of 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 Jammu and/or Kashmir, which has not yet been agreed upon by the parties.
New Delhi: 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".
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-partioning Kashmir on communal lines. The problem however is that the Population of Pakistan Administered portion of Kashmir is both ethnically and linguistically and culturally different from that in Kashmir Valley India. The Azad Kashmir population being on the most part ethnic Punjabis. Therefore a Partition on the Chenab formula is opposed by most Kashmiri politicians from all spectrums, though some, such as Sajjad Lone, have in recent months suggested that non-Muslim part of Jammu and Kashmir be separated from Kashmir and handed to India. Some political analysts say that the Pakistan terrorist state policy shift and mellowing down of its aggressive stance may have to do with its total failure in the Kargil War and the subsequent 9/11 attacks that put pressure on Pakistan to alter its terrorist position.[30] Further many neutral parties to the dispute have noted that UN resolution on Kashmir is no longer relevant.[31] Even the European Union has viewed that the plebiscite is not in Kashmiris' interest.[32] The report also notes, that the UN-laid down conditions for such a plebiscite have not been, and can no longer be, met by Pakistan.[33] Even the Hurriyat Conference observed in 2003, that "Plebiscite no longer an option"[34] 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 change 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 the Indian-administered Kashmir as "partly free", and Pakistan-administered Kashmir as well as the country of Pakistan "not free". [18] India claims that contrary to popular belief, a large proportion of the Jammu and Kashmir populace wish to remain with India. In a 2002 survey by MORI in the Indian administered areas around 61% of the respondents said they felt they would be better off politically and economically as an Indian citizen, with only 6% preferring Pakistan instead.[35] However, it is important to note that the same MORI survey found that within the Kashmir Valley, only 9% of respondents said they felt they would be better off as Indian citizens, with 13% preferring Pakistan, and the remaining 78% showing no enthusiasm for either nation.[36][37] 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.[38]
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, connecting 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.
At the same time, fears of the Kargil War turning into a nuclear war, provoked the then-US President Bill Clinton to pressure Pakistan to retreat. Faced with mounting losses of personnel and posts, Pakistan Army withdrew the remaining troops from the area ending the conflict. India reclaimed control of the peaks which they now patrol and monitor all year long.
The 9/11 attacks on the US resulted in the US government wanting to restrain militancy in the world, including Pakistan. US urged Islamabad to cease infiltrations, which continue to this day, by Islamist militants into Indian-administered Kashmir. In December 2001, a terrorist attack on the Indian Parliament linked to Pakistan resulted in war threats, massive deployment and international fears of nuclear war in the subcontinent.
After intensive diplomatic efforts by other countries, India and Pakistan began to withdraw troops from the international border June 10, 2002, and negotiations began again. Effective November 26, 2003, India and Pakistan have 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 nuclear powers in nearly 15 years. In February 2004, Pakistan further increased pressure on Pakistanis fighting in Indian-administered Kashmir to adhere to the ceasefire. The nuclear-armed neighbours also 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 also decided to cooperate on economic fronts.
On Dec. 5, 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, the BBC reported[39]. Musharraf also stated that he was ready to give up the United Nations' resolutions regarding Kashmir [40].
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.
In the week of March 10 2008, 17 people were wounded when a blast hit the region's only highway overpass located near the Civil Secretariat – Indian-controlled Kashmir's seat of government – and the region's high court. A gun battle between security forces and militants fighting against Indian rule left five people dead and two others injured March 23 2008. The battle began when security forces raided a house on the outskirts of the capital city of Srinagar. The Indian Army has been carrying out search-and-cordon operations against militants in Indian-administered Kashmir since the current armed violence broke out here in 1989. While the authorities here say 43,000 persons have been killed in the violence, various rights groups and non-governmental organizations have put the figure at twice that number[41].
Massive demonstrations occurred after plans by the Indian-administered Jammu and Kashmir state government to transfer 100 acres of land to a trust which runs the Hindu Amarnath shrine in the Muslim-majority Kashmir valley.[42]
In response, Indian security forces and the Indian army cracked down on protesters. More than 40 people have been killed[43] and at least 300 have been detained.[44] Pro-Freedom Kashmiri Leader Mirwaiz Umar Farooq warned that the peaceful uprising could lead to violent upsurge if India's heavy-handed crackdown on protests were not restrained[45].
|
|