Jammu and kashmir

Jammu & Kashmir

The Kashmir conflict is a territorial conflict primarily between India and Pakistan, having started just after the partition of India in 1947. China has at times played a minor role. India and Pakistan have fought three wars over Kashmir, including the Indo-Pakistani Wars of 1947 and 1965, as well as the Kargil War of 1999. The two countries have also been involved in several skirmishes over control of the Siachen Glacier.

The present conflict is in Kashmir Valley. The root of conflict between the Kashmiri insurgents and the Indian government is tied to a dispute over local autonomy and based on the demand for self-determination. Democratic development was limited in Kashmir until the late 1970s, and by 1988, many of the democratic reforms introduced by the Indian Government had been reversed. Non-violent channels for expressing discontent were thereafter limited and caused a dramatic increase in support for insurgents advocating violent secession from India. In 1987, a disputed state election created a catalyst for the insurgency when it resulted in some of the state's legislative assembly members forming armed insurgent groups. In July 1988 a series of demonstrations, strikes and attacks on the Indian Government began the Kashmir Insurgency.

Present Situation:

India claims the entire state of Jammu and Kashmir, and, as of 2010, administers approximately 43% of the region. It controls Jammu, the Kashmir Valley, Ladakh, and the Siachen Glacier.

India's claims are contested by Pakistan, which administers approximately 37% of Jammu and Kashmir, namely Azad Kashmir and Gilgit-Baltistan.

China currently administers Demchok district, the Shaksgam Valley, and the Aksai Chin region. China's claim over these territories has been disputed by India since China took Aksai Chin during the Sino-Indian War of 1962.

Partition and invasion

British rule in the Indian subcontinent ended in 1947 with the creation of new states: the Dominion of Pakistan and the Union of India, as the successor states to British India. The British Paramountcy over the 562 Indian princely states ended.

According to the Indian Independence Act 1947, "the suzerainty of His Majesty over the Indian States lapses, and with it, all treaties and agreements in force at the date of the passing of this Act between His Majesty and the rulers of Indian States". States were thereafter left to choose whether to join India or Pakistan or to remain independent.

Jammu and Kashmir, the largest of the princely states, had a predominantly Muslim population ruled by the Hindu Maharaja Hari Singh. He decided to stay independent 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.

Accession to India

The Accession of the state of Jammu and Kashmir to India, signed by the Maharaja (erstwhile ruler of the State) on 26th October, 1947, was completely valid in terms of the Government of India Act (1935), Indian Independence Act (1947) and international law and was total and irrevocable.

The Accession was also supported by the largest political party in the state, the National Conference. In the Indian Independence Act, there was no provision for any conditional accession.

The Instrument of Accession executed by the Maharaja was the same as the ones executed by over 500 princely states in India. There has been no complication in any of the other cases.

Lord Mountbatten's acceptance of the Instrument of Accession was unconditional. He said: "I do hereby accept this Instrument of Accession". The Instrument of Accession was complete with the offer and acceptance.

There can, therefore, be no question of negotiating on the question of accession of the State of Jammu & Kashmir to India.

Reference to UN

India made a reference to the United Nations on 1st January 1948 under Article 35 of the Charter, which permits any member state to bring any situation, whose continuance is likely to endanger international peace and security, to the attention of the Security Council.

The intention behind this reference was to prevent a war between the two newly independent countries, which would have become increasingly likely if the tribal invaders assisted first indirectly and then actively by the Pakistan army had persisted with their actions against India in Kashmir. The Government of India requested the Security Council "to put an end immediately to the giving of such assistance which was an act of aggression against India”.

Pakistan consistently misled the world regarding its involvement in Kashmir:

It claimed initially in 1947 that it was not in any way assisting the tribal invaders and was only not actively opposing their passage out of fear that they may turn against the local Pakistani population.

It was, however, clearly established that these invaders were being looked after in Pakistan territory, fed, clothed, armed and otherwise equipped and transported to J&K with the help, direct and indirect, of Pakistani officials, both military & civil.

The first Governor General of Pakistan, Mohammad Ali Jinnah claimed in a meeting with the then Governor General of India Lord Mountbatten that he was in a position "to call the whole thing off" subject to some of his demands being met.

Pakistan later claimed that its own forces were not involved directly in operations in Kashmir. But the UN Commission that visited India in July 1948 found Pakistani forces operating in Pakistan occupied Kashmir. The UNCIP Resolution of August 1948 documented the Pakistani aggression when it stated: "The presence of troops of Pakistan in the territory of the state of Jammu and Kashmir constitutes a material change in the situation since it was represented by the Government of Pakistan before the Security Council”.

Condition for implementation of UN Resolutions

Despite India's completely legal and valid position on Jammu & Kashmir, in order to find a solution to the situation created by Pakistan's aggression, India had accepted the option of holding a plebiscite in J&K.

It had, however, been made clear by the Indian leaders that holding of such a plebiscite would be conditional upon Pakistan fulfilling certain condition like

all forces regular and irregular under the control of both sides shall cease fire;

Pakistan would withdraw its troops,

it would endeavour to secure withdrawal of tribesmen and Pak nationals and

India will withdraw bulk of its forces once the UNCIP confirms that the tribesmen and Pak nationals have withdrawn and Pak troops are being withdrawn.

India was also to ensure that the state government takes various measures to preserve peace, law and order. Indian acceptance of these UNCIP resolutions was also subject to several conditions and assurances given by UNCIP including that

Pakistan would be excluded from all affairs of Jammu & Kashmir,

"Azad J & K Government" would not be recognised,

sovereignty of J & K government over the entire territory of the state shall not be brought into question,

territory occupied by Pakistan shall not be consolidated, and

Pakistani troops would be withdrawn completely.

Pakistan never fulfilled these assurances.

1965 War: Its Implications

Pakistan tried to impose a military solution on J&K yet again in 1965, by instigating a war against India. The people of J&K resisted this new invasion. Pakistan's failure to impose this military solution and the efforts of the people of J&K to thwart the aims and designs of the Pakistani invaders are well documented.

By imposing a war, Pakistan negated the very reason for which a reference had been made to the UN in 1948.

All the arrangements that were arrived at with Pakistan through the instrumentality of the Security Council were based on the integrity and inviolability of the cease-fire line established after the 1947-48 skirmishes. By violating this line in 1965, Pakistan rendered obsolete and dead the resolutions of 1948 and 1949, in the context of which the Cease-Fire Line had been established through the Karachi Agreement of 1949.

Shimla Agreement - Its Implications

Pakistan imposed yet another war on India in 1971. After this conflict, bilateral talks were held in June-July 1972 and the 'Shimla Agreement' signed on 2 July 1972. In terms of this Agreement, which was duly ratified by the two Governments in 1972 itself, the two countries undertook to resolve all differences bilaterally and peacefully. Pakistan, through its commitments enshrined in this Agreement, accepted the need to shift the J&K issue from the UN to the bilateral plane.

India’s stand has been clearly enunciated. Jammu and Kashmir is an integral part of India. While India is prepared to resolve all differences with Pakistan through bilateral talks as envisaged in the Simla Agreement, there can be no compromise on India’s unity and sovereignty. The issue that remains to be resolved is the vacation by Pakistan of territory illegally occupied by it.

For meaningful bilateral negotiations, Pakistan must create the right climate by stopping its support to terrorism. There must be tangible and credible evidence of this on the ground. The Simla Agreement reiterated in the Lahore Declaration expressly forbids hostile propaganda, interference in internal Affairs and encouragement of any acts detrimental to maintenance of peaceful and harmonious relations. It also enjoins respect for each other’s territorial integrity and sovereignty. Pakistan is violating all these provisions.

The Lahore visit of the Prime Minister of India

Prime Minister A. B. Vajpayee took a historic initiative and visited Lahore from February 20-21, 1999. The visit was aimed at conveying India’s deep desire to establish peaceful, co-operative and friendly ties with Pakistan. Prime Minister Vajpayee proclaimed from the Minar-e-Pakistan that a stable, secure and prosperous Pakistan was in India’s interest.

The Lahore Declaration, which committed the two countries to build trust and confidence and develop mutually beneficial co-operation to resolve outstanding issues including J&K through bilateral negotiations, provided a blue print for India-Pakistan relations into the 21st Century.

 

Kargil war

However, the ink had barely dried on the Lahore Declaration that the Pakistani Army manifested its compulsive hostility towards India by launching a military operation in May 1999 across LoC in an attempt to occupy dominating heights along a 140 Km long stretch of Srinagar-Leh Highway.

Its aim was to create a situation by which Pakistan would dominate the strategically important Kargil heights. India’s firm response forced Pakistani troops to retreat to their side of LoC.

India’s policy of maintaining the sanctity of the LoC and the tremendous restraint shown by India in its firm action against the intruders without crossing the LoC found wide international support and endorsement.

Agra Summit

Notwithstanding, the continued sponsorship of cross border terrorism, on May 23, 2001 India again took the initiative to establish a high level political dialogue with Pakistan by inviting General Musharraf to visit India. The Pakistani President General Musharraf visited India from July 14-16, 2001 and had talks with Prime Minister Vajpayee in Agra. However, during the Summit, Pakistan demonstrated a univocal approach, fixated entirely on one question and sought to make any improvement in relations conditional on prior resolution of the Kashmir issue. Pakistan was also reluctant to address India’s concerns relating to cross border terrorism. The hopes of forward movement in bilateral relations thus remained largely unattained.

Non-Applicability of ‘Self-determination’ to Integral Parts of States

Under the UN Charter, the principles of self-determination are meant to apply to colonial territories and not to integral parts of countries. Pakistan’s harping on "self-determination” today, against the principles advocated by the founders of Pakistan, are only a cover for territorial ambitions. The principles being espoused by Pakistan pose severe dangers to several countries in the world where multi-ethnic and multi-religious societies co-exist.

Source: Indian Express, Hindu, External Affairs Ministry, Wikipedia etc.