Kashmir conflict
Encyclopedia
The Kashmir conflict is a territorial dispute
between India
and Pakistan
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 the 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. 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 has resulted in some of the state's legislative assembly forming militant wings, creating a catalyst for insurgency. 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 organisations, which Pakistan is yet to enforce. The turmoil in Jammu and Kashmir has resulted in thousands of deaths, but has become less deadly in recent years. 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. 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. 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. However Sajjad Lone, a prominent separatist leader in Kashmir, claims that "the high turnout should not be taken as a sign that Kashmiris no longer want independence. In 2009 and 2010 unrest erupted
again.
: Ka = water and shimeera = desiccate). In the Rajatarangini
, a history 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 Brahman
s 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 of Herodotus
(3.102, 4.44). Kashmir is also believed to be the country meant by Ptolemy
's Kaspeiria.
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
to Gulab 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.
, while British suzerainty
over the 562 Indian princely state
s 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", so the states were 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, while having a Hindu ruler (Maharaja
Hari Singh
.) On partition Pakistan expected Kashmir to be annexed to it.
In October 1947, Muslim revolutionaries in western Kashmir and Pakistani tribals from Dir
entered Kashmir, intending to liberate it from Dogra
rule. Unable to withstand the invasion, the Maharaja signed the Instrument of Accession
on 25 October 1947 that was accepted by the government of India on 27 October 1947.
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
. In Jammu and Kashmir, National Conference
volunteers worked with the Indian Army
to drive out the Pakistanis.
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. 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. In addition, the Indian Government distanced itself from its commitment to hold a 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. All of these were accepted by Pakistan, but rejected by the Indian government. The resolutions were passed by United Nations Security Council under Chapter VI of the United Nations Charter
. 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.
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
".
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.
, 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. 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. 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.
Indian government has said militancy is now on the decline.
The Pakistani government calls these insurgents "Kashmiri freedom fighters", and claims that it gives only moral and diplomatic support to these insurgents, though India 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
. These comments by Zardari sparked outrage amongst many Kashmiris, some of whom defied a curfew by the Indian army to burn him in effigy.
There has been a "purely indigenous, purely Kashmiri" 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.
in 2002, he stated that one of the reasons he was fighting America is because of its support of India on the Kashmir issue. 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. 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
. A team of Special Air Service
and Delta Force
was sent into Indian-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
. 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. 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. In 2006 Al-Qaeda claim they have established a wing in Kashmir; this worried the Indian government. 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. 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.
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. Kashmiri was described by Bruce Riedel
as a 'prominent' Al-Qaeda member, while others described him as the head of military operations for Al-Qaeda. Waziristan
had now become the new battlefield for Kashmiri militants, who were now fighting NATO in support of Al-Qaeda. 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
.
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.
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.
, which lies strategically in the north-west of the subcontinent, bordering China and the former Soviet Union, was a princely state
ruled by Maharaja Hari Singh
under the paramountcy
of British India
. In geographical and legal terms, the Maharaja could have joined either of the two new Dominions. Although urged by the Viceroy, Lord Mountbatten of Burma
, to determine the future of his state before the transfer of power took place, Singh demurred. In October 1947, incursions by Pakistan took place leading to a war, as a result of which the state of Jammu and Kashmir
remains divided between the two countries.
Two-thirds of the former princely state (known as the Indian state of Jammu and Kashmir
), comprising Jammu
, the Kashmir Valley, and the sparsely populated Buddhist 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 the 1971 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 20000 ft (6,096 m), with the Indian forces serving at higher altitudes.
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The Indian viewpoint is succinctly summarized by Ministry of External affairs, Government of India —
Additional Indian viewpoints regarding the broader debate over the Kashmir conflict include —
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. 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). 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).
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. Similar allegations were also made by some human rights organizations.
In short, Pakistan holds that:
, is a part of this difficult-to-man boundary. Even with 200,000 military personnel, 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 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.
basin. They include the Jhelum
and 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.
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
. 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. 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.
Claims of human rights abuses have been made against the Indian Armed Forces and the armed militants operating in Jammu and Kashmir. 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. 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. 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. 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. 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". 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.
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." 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."
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." There have been claims of disappearances by the police or the army in Kashmir by several human rights organizations. Jammu and Kashmir Public Safety Act, 1978: Human rights organizations have asked Indian government to repeal the Public Safety Act, since "a detainee may be held in administrative detention for a maximum of two years without a court order."
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 repeal 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.
.
The constitution of Azad Kashmir specifically prohibits activities that may be prejudicial to the state's accession to Pakistan, and as such regularly suppresses demonstrations against the government. A number of Islamist militant groups operate in this area including Al-Qaeda, with tacit permission from Pakistan's intelligence. As in Indian administered Kashmir, there have been allegations of human rights abuse.
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. According to the Human Rights Commission of Pakistan
, Pakistan's Inter Services Intelligence operates in Pakistan-administered Kashmir and is involved in extensive surveillance, arbitrary arrests, torture, and murder. Generally this is done with impunity and perpetrators go unpunished. The 2008 report by the United Nations High Commissioner for Refugees determined that Pakistan-administered Kashmir
was 'Not free'. According to Shaukat Ali, chairman of the International Kashmir Alliance, "On one hand Pakistan claims to be the champion of the right of self-determination of the Kashmiri people, but she has denied the same rights under its controlled parts of Kashmir and Gilgit-Baltistan".European Parliamentarians express concern for Gilgit-Baltistan, German Information Center, New Delhi, 2008-04-12
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". A two-day conference on Gilgit-Baltistan was held on 8–9 April 2008 at the European Parliament in Brussels
under the auspices of the International Kashmir Alliance. Several members of the European Parliament
expressed concern over the human rights violation in Gilgit-Baltistan and urged the government of Pakistan to establish democratic institutions and rule of law in the area.
In 2009, the Pakistan government implemented an autonomy package for Gilgit-Baltistan which entails rights similar to those of Pakistan’s other provinces. Gilgit-Baltistan thus gains province-like status without actually being conferred such a status constitutionally. The direct rule by Islamabad is replaced by an elected legislative assembly and its chief minister.
There has been criticism and opposition to this move in Pakistan, India, and Pakistan administrated Kashmir. The move has been dubbed as an eyewash to hide the real mechanics of power, which allegedly are under the direct control of the Pakistani federal government. The package was opposed by Pakistani Kashmiri politicians who claimed that the integration of Gilgit-Baltistan into Pakistan would undermine their case for the independence of Kashmir from India. 300 activists from Kashmiri groups protested during the first Gilgit-Baltistan legislative assembly elections, with some carrying banners reading "Pakistan's expansionist designs in Gilgit-Baltistan are unacceptable"
In December 2009, activists of nationalist Kashmiri groups staged a protest in Muzaffarabad
to condemn the alleged rigging of elections and killing of a 18-year old student.
As with other disputed territories, each government issues maps depicting their claims in Kashmir territory, regardless of actual control. Due to India's Criminal Law Amendment Act, 1961, it is illegal in India to exclude all or part of Kashmir in a map (or to publish any map that differs from those of the Survey of India
). 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 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 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.
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".
, 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. Many neutral parties to the dispute have noted that the UN resolution on Kashmir is no longer relevant. The European Union has viewed that the plebiscite is not in Kashmiris' interest. The report notes that the UN conditions for such a plebiscite have not been, and can no longer be, met by
Pakistan. The Hurriyat Conference observed in 2003 that a "plebiscite [is] no longer an option". 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.
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
. In 2010, with the support of its intelligence agencies, Pakistan has again been 'boosting' Kashmir militants, and recruitment of mujahideen
in the Pakistani state of Punjab has increased. In 2011, the FBI revealed that Pakistan's spy agency ISI
paid millions of dollars into a United States-based non-governmental organization
to influence politicians and opinion-makers on the Kashmir issue and arrested Syed Ghulam Nabi Fai
.
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". 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. 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.
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.
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 a nuclear war in the subcontinent.
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. 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. Musharraf stated that he was ready to give up the United Nations' resolutions regarding Kashmir.
, housing militants. The Indian Army
has been carrying out cordon-and-search operations against militants in Indian-administered Kashmir since the violence broke out in 1989. While the authorities 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.
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. 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.
to a trust which runs the Hindu Amarnath shrine in the Muslim-majority Kashmir valley. This land was to be used to build a shelter to house Hindu pilgrims temporarily during their annual pilgrimage to the Amarnath temple.
Indian security forces and the Indian army responded quickly to keep order. More than 40 unarmed protesters were killed and at least 300 were detained. 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. 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. 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.
Separatists and workers of a political party were believed to be behind stone-pelting incidents, which led to retaliatory fire by the police. 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.
and the National Conference agreed to form a coalition government, with Omar Abdullah
as Chief Minister. On 5 January 2009, Abdullah was sworn in as the eleventh Chief Minister of Jammu and Kashmir.
In March 2009, Abdullah stated that only 800 militants were active in the state and out of these only 30% were Kashmiris.
movement launched by Hurriyat Conference led by Syed Ali Shah Geelani
and Mirwaiz Umar Farooq, who had called for the complete demilitarization of Jammu and Kashmir. The All Parties Hurriyat Conference made this call to protest, citing human rights abuses by Indian troops.
Protesters shouting pro-independence slogans, defied curfew, attacked security forces with stones and burnt police vehicles and government buildings.
The Jammu and Kashmir Police and Indian Para-military forces fired live ammunition on the protesters, resulting in 112 deaths, including many teenagers. The protests subsided after the Indian government announced a package of measures aimed at defusing the tensions in September 2010.
expressed his intention to try to work with India and Pakistan to resolve the crisis. He said he had talked to Bill Clinton
about it, as Clinton has experience being a mediator. In an editorial in The Washington Times
, Selig S Harrison, director of the Asia Programme at the Center for International Policy
and a senior scholar of the Woodrow Wilson International, called it Obama's first foreign policy mistake. In an editorial, The Australian
called Obama's idea to appoint a presidential negotiator "a very stupid and dangerous move indeed". In an editorial in Forbes
, Reihan Salam
, associate editor for The Atlantic, noted "The smartest thing President Obama could do on Kashmir is probably nothing. We have to hope that India and Pakistan can work out their differences on Kashmir on their own". The Boston Globe
called the idea of appointing Bill Clinton as an envoy to Kashmir "a mistake". President Obama appointed Richard Holbrooke
as special envoy to Pakistan and Afghanistan. President Asif Ali Zardari
hoped that Holbrooke would help mediate to resolve the Kashmir issue. Subsequently Kashmir was removed from the mandate of Holbrooke. "Eliminating ... Kashmir from his job description ... is seen as a significant diplomatic concession to India that reflects increasingly warm ties between the country and the United States," The Washington Post
noted in a report. Brajesh Mishra, India's former national security adviser, was quoted in the same report as saying that "No matter what government is in place, India is not going to relinquish control of Jammu and Kashmir". "That is written in stone and cannot be changed." According to The Financial Times, India has warned Obama that he risks "barking up the wrong tree" if he seeks to broker a settlement between Pakistan and India over Kashmir.
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. 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.
Territorial dispute
A territorial dispute is a disagreement over the possession/control of land between two or more states or over the possession or control of land by a new state and occupying power after it has conquered the land from a former state no longer currently recognized by the new state.-Context and...
between India
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
and Pakistan
Pakistan
Pakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...
over the Kashmir region, the northwesternmost region of South Asia
South Asia
South Asia, also known as Southern Asia, is the southern region of the Asian continent, which comprises the sub-Himalayan countries and, for some authorities , also includes the adjoining countries to the west and the east...
.
India claims the entire state of Jammu and Kashmir and as of 2010, administers approximately 43% of the region, including most of Jammu
Jammu
Jammu , also known as Duggar, is one of the three administrative divisions within Jammu and Kashmir, the northernmost state in India.Jammu city is the largest city in Jammu and the winter capital of Jammu and Kashmir...
, the Kashmir Valley, Ladakh
Ladakh
Ladakh is a region of Jammu and Kashmir, the northernmost state of the Republic of India. It lies between the Kunlun mountain range in the north and the main Great Himalayas to the south, inhabited by people of Indo-Aryan and Tibetan descent...
, and the Siachen Glacier
Siachen Glacier
The Siachen Glacier is located in the eastern Karakoram range in the Himalaya Mountains at about , just east of the Line of Control between India-Pakistan. India controls all of the Siachen Glacier itself, including all tributary glaciers. At long, it is the longest glacier in the Karakoram and...
. India's claim is contested by Pakistan, which controls approximately 37% of Kashmir, namely Azad Kashmir
Azad Kashmir
Azad Jammu and Kashmir or Azad Kashmir for short, is the southernmost political entity within the Pakistani-administered part of the former princely state of Jammu and Kashmir...
and the northern areas of Gilgit
Gilgit
Gilgit is a city in northern PakistanGilgit may refer to other terms related with the area of the city:* Gilgit River* Gilgit Valley* Gilgit District* Gilgit Agency * Gilgit Airport...
and Baltistan
Baltistan
Baltistan , also known as بلتیول བལིུལ་ in the Balti language, is a region in northern Pakistan which forms Gilgit-Baltistan, bordering the Xinjiang Autonomous Region of China. In addition, a part of Baltistan also falls into Jammu and Kashmir of India. It is situated in the Karakoram mountains...
. China controls 20% of Kashmir, including Aksai Chin
Aksai Chin
Aksai Chin is one of the two main disputed border areas between China and India, and the other is South Tibet, which comprises most of India's Arunachal Pradesh. It is administered by China as part of Hotan County in the Hotan Prefecture of Xinjiang Autonomous Region, but is also claimed by India...
, which it occupied following the brief Sino-Indian War
Sino-Indian War
The Sino-Indian War , also known as the Sino-Indian Border Conflict , was a war between China and India that occurred in 1962. A disputed Himalayan border was the main pretext for war, but other issues played a role. There had been a series of violent border incidents after the 1959 Tibetan...
of 1962, and the Trans-Karakoram Tract
Trans-Karakoram Tract
The Trans-Karakoram Tract is an area of nearly along both sides of the Shaksgam River, is entirely administered by the People's Republic of China as a part of Kargilik County and Taxkorgan Tajik Autonomous County in the Kashgar Prefecture of Xinjiang Autonomous Region, but claimed by Pakistan...
(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 the Prime Minister of India, Manmohan Singh
Manmohan Singh
Manmohan Singh is the 13th and current Prime Minister of India. He is the only Prime Minister since Jawaharlal Nehru to return to power after completing a full five-year term. A Sikh, he is the first non-Hindu to occupy the office. Singh is also the 7th Prime Minister belonging to the Indian...
, stated after the 2010 Kashmir Unrest
2010 Kashmir unrest
The 2010 Kashmir unrest was a series of protests in the Muslim majority Kashmir Valley in Indian Administered Kashmir which started in June 2010...
that his government is willing to grant autonomy within the purview of Indian constitution to Kashmir if there is consensus on this issue. 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
Indo-Pakistani War of 1947
The India-Pakistan War of 1947-48, sometimes known as the First Kashmir War, was fought between India and Pakistan over the princely state of Kashmir and Jammu from 1947 to 1948. It was the first of four wars fought between the two newly independent nations...
, 1965
Indo-Pakistani War of 1965
The Indo-Pakistani War of 1965 was a culmination of skirmishes that took place between April 1965 and September 1965 between Pakistan and India. This conflict became known as the Second Kashmir War fought by India and Pakistan over the disputed region of Kashmir, the first having been fought in 1947...
and 1999. India and Pakistan have also been involved in several skirmishes over the Siachen Glacier
Siachen conflict
The Siachen Conflict, sometimes referred to as the Siachen War, is a military conflict between India and Pakistan over the disputed Siachen Glacier region in Kashmir. The conflict began in 1984 with India's successful Operation Meghdoot during which it wrested control of the Siachen Glacier from...
.
Since 1987, a disputed State election has resulted in some of the state's legislative assembly forming militant wings, creating a catalyst for insurgency. The Indian-administered Jammu and Kashmir
Jammu and Kashmir
Jammu and Kashmir is the northernmost state of India. It is situated mostly in the Himalayan mountains. Jammu and Kashmir shares a border with the states of Himachal Pradesh and Punjab to the south and internationally with the People's Republic of China to the north and east and the...
has been the site of conflict between the Indian Armed Forces
Indian Armed Forces
The Indian Armed Forces are the military forces of the Republic of India. They consist of the Army, Navy and Air Force, supported by three paramilitary forces and various inter-service institutions such as the Strategic Forces Command.The President of India is...
, 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 organisations, which Pakistan is yet to enforce. The turmoil in Jammu and Kashmir has resulted in thousands of deaths, but has become less deadly in recent years. 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. Elections held in 2008 were generally regarded as fair by the United Nations High Commissioner for Refugees
United Nations High Commissioner for Refugees
The Office of the United Nations High Commissioner for Refugees , also known as The UN Refugee Agency is a United Nations agency mandated to protect and support refugees at the request of a government or the UN itself and assists in their voluntary repatriation, local integration or resettlement to...
, had a high voter turnout in spite of calls by militants for a boycott, and led to the pro-India Jammu & Kashmir National Conference
Jammu & Kashmir National Conference
The Jammu & Kashmir National Conference is a State political party in the state of Jammu and Kashmir, India. Led at the time of Indian Independence in 1947 by Sheikh Abdullah, it dominated electoral politics in the state for many decades...
forming the government in the state. According to Voice of America
Voice of America
Voice of America is the official external broadcast institution of the United States federal government. It is one of five civilian U.S. international broadcasters working under the umbrella of the Broadcasting Board of Governors . VOA provides a wide range of programming for broadcast on radio...
, 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. However Sajjad Lone, a prominent separatist leader in Kashmir, claims that "the high turnout should not be taken as a sign that Kashmiris no longer want independence. In 2009 and 2010 unrest erupted
2010 Kashmir unrest
The 2010 Kashmir unrest was a series of protests in the Muslim majority Kashmir Valley in Indian Administered Kashmir which started in June 2010...
again.
Early history
According to folk etymology, the name "Kashmir" means "desiccated land" (from the SanskritSanskrit
Sanskrit , is a historical Indo-Aryan language and the primary liturgical language of Hinduism, Jainism and Buddhism.Buddhism: besides Pali, see Buddhist Hybrid Sanskrit Today, it is listed as one of the 22 scheduled languages of India and is an official language of the state of Uttarakhand...
: Ka = water and shimeera = desiccate). In the Rajatarangini
Rajatarangini
The Rājatarangiṇī is a metrical chronicle of North west of the Indian subcontinent particularly the kings of Kashmir from earliest time written in Sanskrit by Kalhaṇa. The Rājatarangiṇī often has been erroneously referred to as the River of the Kings. In reality what Kalhana means by Rājatarangiṇī...
, a history of Kashmir written by Kalhana
Kalhana
Kalhana , a Kashmiri, was the author of Rajatarangini , an account of the history of Kashmir. He wrote the work in Sanskrit between 1148 and 1149. All information regarding his life has to be deduced from his own writing, a major scholar of which is Mark Aurel Stein...
in the mid-12th century, it is stated that the valley of Kashmir was formerly a lake. According to Hindu
Hindu
Hindu refers to an identity associated with the philosophical, religious and cultural systems that are indigenous to the Indian subcontinent. As used in the Constitution of India, the word "Hindu" is also attributed to all persons professing any Indian religion...
mythology, the lake was drained by the great rishi
Rishi
Rishi denotes the composers of Vedic hymns. However, according to post-Vedic tradition, the rishi is a "seer" to whom the Vedas were "originally revealed" through states of higher consciousness. The rishis were prominent when Vedic Hinduism took shape, as far back as some three thousand years...
or sage, Kashyapa, son of Marichi, son of Brahma
Brahma
Brahma is the Hindu god of creation and one of the Trimurti, the others being Vishnu and Shiva. According to the Brahma Purana, he is the father of Mānu, and from Mānu all human beings are descended. In the Ramayana and the...
, by cutting the gap in the hills at Baramulla (Varaha-mula). When Kashmir had been drained, Kashyapa asked Brahman
Brahman
In Hinduism, Brahman is the one supreme, universal Spirit that is the origin and support of the phenomenal universe. Brahman is sometimes referred to as the Absolute or Godhead which is the Divine Ground of all being...
s 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
Stephanus of Byzantium
Stephen of Byzantium, also known as Stephanus Byzantinus , was the author of an important geographical dictionary entitled Ethnica...
) and Kaspatyros of Herodotus
Herodotus
Herodotus was an ancient Greek historian who was born in Halicarnassus, Caria and lived in the 5th century BC . He has been called the "Father of History", and was the first historian known to collect his materials systematically, test their accuracy to a certain extent and arrange them in a...
(3.102, 4.44). Kashmir is also believed to be the country meant by Ptolemy
Ptolemy
Claudius Ptolemy , was a Roman citizen of Egypt who wrote in Greek. He was a mathematician, astronomer, geographer, astrologer, and poet of a single epigram in the Greek Anthology. He lived in Egypt under Roman rule, and is believed to have been born in the town of Ptolemais Hermiou in the...
's Kaspeiria.
In the 18th century, Kashmir was ruled by the Muslim Pashtun
Pashtun people
Pashtuns or Pathans , also known as ethnic Afghans , are an Eastern Iranic ethnic group with populations primarily between the Hindu Kush mountains in Afghanistan and the Indus River in Pakistan...
Durrani Empire
Durrani Empire
The Durrani Empire was a Pashtun dynasty centered in Afghanistan and included northeastern Iran, the Kashmir region, the modern state of Pakistan, and northwestern India. It was established at Kandahar in 1747 by Ahmad Shah Durrani, an Afghan military commander under Nader Shah of Persia and chief...
. In 1819, Kashmir was conquered by the Sikh
Sikh
A Sikh is a follower of Sikhism. It primarily originated in the 15th century in the Punjab region of South Asia. The term "Sikh" has its origin in Sanskrit term शिष्य , meaning "disciple, student" or शिक्ष , meaning "instruction"...
ruler Ranjit Singh
Ranjit Singh
Maharaja Ranjit Singh Ji was the first Maharaja of the Sikh Empire.-Early life:...
. Following the First Anglo-Sikh War
First Anglo-Sikh War
The First Anglo-Sikh War was fought between the Sikh Empire and the British East India Company between 1845 and 1846. It resulted in partial subjugation of the Sikh kingdom.-Background and causes of the war:...
in 1845 and 1846, Kashmir was first ceded by the Treaty of Lahore
Treaty of Lahore
The Treaty of Lahore of March 9, 1846, was a peace treaty marking the end of the First Anglo-Sikh War. The Treaty was concluded, for the British, by the Governor-General Sir Henry Hardinge and two officers of the East India Company and, for the Sikhs, by the seven year old Maharaja Duleep Singh...
to the East India Company
East India Company
The East India Company was an early English joint-stock company that was formed initially for pursuing trade with the East Indies, but that ended up trading mainly with the Indian subcontinent and China...
, and shortly after sold by the Treaty of Amritsar
Treaty of Amritsar
The Treaty of Amritsar was signed on March 16, 1846, to settle a dispute over territory in Kashmir after the First Sikh War with the United Kingdom, ceding some land to Maharaja Gulab Singh Dogra...
to Gulab Singh, Raja of Jammu, who thereafter was given the title Maharaja of Jammu and Kashmir. From then until the Partition of India
Partition of India
The Partition of India was the partition of British India on the basis of religious demographics that led to the creation of the sovereign states of the Dominion of Pakistan and the Union of India on 14 and 15...
in 1947, Kashmir was ruled by the Hindu Maharajas of the princely state
Princely state
A Princely State was a nominally sovereign entitity of British rule in India that was not directly governed by the British, but rather by an Indian ruler under a form of indirect rule such as suzerainty or paramountcy.-British relationship with the Princely States:India under the British Raj ...
of Kashmir and Jammu, although the majority of the population were Muslim, except in the Jammu region.
Partition and dispute
In 1947, British rule in India ended with the creation of two new nations: the Union of India and the Dominion of PakistanDominion of Pakistan
The Dominion of Pakistan was an independent federal Commonwealth realm in South Asia that was established in 1947 on the partition of British India into two sovereign dominions . The Dominion of Pakistan, which included modern-day Pakistan and Bangladesh, was intended to be a homeland for the...
, while British suzerainty
Suzerainty
Suzerainty occurs where a region or people is a tributary to a more powerful entity which controls its foreign affairs while allowing the tributary vassal state some limited domestic autonomy. The dominant entity in the suzerainty relationship, or the more powerful entity itself, is called a...
over the 562 Indian princely state
Princely state
A Princely State was a nominally sovereign entitity of British rule in India that was not directly governed by the British, but rather by an Indian ruler under a form of indirect rule such as suzerainty or paramountcy.-British relationship with the Princely States:India under the British Raj ...
s ended. According to the Indian Independence Act 1947
Indian Independence Act 1947
The Indian Independence Act 1947 was as an Act of the Parliament of the United Kingdom that partitioned British India into the two new independent dominions of India and Pakistan...
, "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", so the states were 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, while having a Hindu ruler (Maharaja
Maharaja
Mahārāja is a Sanskrit title for a "great king" or "high king". The female equivalent title Maharani denotes either the wife of a Maharaja or, in states where that was customary, a woman ruling in her own right. The widow of a Maharaja is known as a Rajamata...
Hari Singh
Hari Singh
Maharaja Hari Singh was the last ruling Maharaja of the princely state of Jammu and Kashmir in India.He was married four times...
.) On partition Pakistan expected Kashmir to be annexed to it.
In October 1947, Muslim revolutionaries in western Kashmir and Pakistani tribals from Dir
Dir District
Dir District was a district of the Khyber-Pakhtunkhwa Province of Pakistan between 1970 and 1996. It was part of Malakand Division.Dir District was created in 1970 after the princely state of Dir was abolished the year before. Dir District was 5,280 square kilometres in area and lay along the...
entered Kashmir, intending to liberate it from Dogra
Dogra
The Dogras are an Indo-Aryan ethnic group in South Asia. Being a diversified group, the Dogras include both Savarnas such as Brahmins, Rajputs and Non-savarnas. The Dogras also incluide merchant castes such as Mahajans...
rule. Unable to withstand the invasion, the Maharaja signed the Instrument of Accession
Instrument of Accession (Jammu and Kashmir)
The Instrument of Accession is a legal document executed by Maharajah Hari Singh, ruler of the princely state of Jammu and Kashmir, on 26 October 1947...
on 25 October 1947 that was accepted by the government of India on 27 October 1947.
Indo-Pakistani War of 1947
After rumours that the Maharaja supported the annexation of Kashmir by India, militant Muslim revolutionaries from western Kashmir and Pakistani tribesmen made rapid advances into the Baramulla sector. Maharaja Hari SinghHari Singh
Maharaja Hari Singh was the last ruling Maharaja of the princely state of Jammu and Kashmir in India.He was married four times...
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
Srinagar
Srinagar is the summer seasonal capital of Jammu and Kashmir. It is situated in Kashmir Valley and lies on the banks of the Jhelum River, a tributary of the Indus. It is one of the largest cities in India not to have a Hindu majority. The city is famous for its gardens, lakes and houseboats...
. 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
Louis Mountbatten, 1st Earl Mountbatten of Burma
Admiral of the Fleet Louis Francis Albert Victor Nicholas George Mountbatten, 1st Earl Mountbatten of Burma, KG, GCB, OM, GCSI, GCIE, GCVO, DSO, PC, FRS , was a British statesman and naval officer, and an uncle of Prince Philip, Duke of Edinburgh...
. In Jammu and Kashmir, National Conference
Jammu & Kashmir National Conference
The Jammu & Kashmir National Conference is a State political party in the state of Jammu and Kashmir, India. Led at the time of Indian Independence in 1947 by Sheikh Abdullah, it dominated electoral politics in the state for many decades...
volunteers worked with the Indian Army
Indian Army
The Indian Army is the land based branch and the largest component of the Indian Armed Forces. With about 1,100,000 soldiers in active service and about 1,150,000 reserve troops, the Indian Army is the world's largest standing volunteer army...
to drive out the Pakistanis.
United Nations Security Council Resolution 47
United Nations Security Council Resolution 47, adopted on April 21, 1948, after hearing arguments from both India and Pakistan the Council increased the size of the Commission established by United Nations Security Council Resolution 39 to five members, instructed the Commission to go to the...
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. In addition, the Indian Government distanced itself from its commitment to hold a 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
Andrew McNaughton
General Andrew George Latta McNaughton, CH, CB, CMG, DSO, CD, PC was a Canadian army officer, politician and diplomat.- Early life :...
. 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. The resolutions were passed by United Nations Security Council under Chapter VI of the United Nations Charter
Chapter VI of the United Nations Charter
Chapter VI of the United Nations Charter deals with peaceful settlement of disputes. It requires countries with disputes that could lead to war to first of all try to seek solutions through peaceful methods such as negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement,...
. 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.
Sino-Indian War
In 1962, troops from the People's Republic of ChinaPeople's Republic of China
China , officially the People's Republic of China , is the most populous country in the world, with over 1.3 billion citizens. Located in East Asia, the country covers approximately 9.6 million square kilometres...
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
Aksai Chin
Aksai Chin is one of the two main disputed border areas between China and India, and the other is South Tibet, which comprises most of India's Arunachal Pradesh. It is administered by China as part of Hotan County in the Hotan Prefecture of Xinjiang Autonomous Region, but is also claimed by India...
, which has continued as of November 2010. Another smaller area, the Trans-Karakoram, was demarcated as the Line of Control
Line of Control
The term Line of Control refers to the military control line between the Indian- and Pakistani-controlled parts of the former princely state of Jammu and Kashmir—a line which, to this day, does not constitute a legally recognized international boundary but is the de facto border...
(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
Line of Actual Control
The Line of Actual Control is the effective border between India and People's Republic of China . The LAC is 4,057-km long and traverses three areas of northern Indian states: western , middle and eastern...
".
1965 and 1971 wars
In 1965 and 1971, heavy fighting broke out again between India and Pakistan. The Indo-Pakistani War of 1971Indo-Pakistani War of 1971
The Indo-Pakistani War of 1971 was a military conflict between India and Pakistan. Indian, Bangladeshi and international sources consider the beginning of the war to be Operation Chengiz Khan, Pakistan's December 3, 1971 pre-emptive strike on 11 Indian airbases...
resulted in the defeat of Pakistan and the Pakistani military's surrender in East Pakistan
East Pakistan
East Pakistan was a provincial state of Pakistan established in 14 August 1947. The provincial state existed until its declaration of independence on 26 March 1971 as the independent nation of Bangladesh. Pakistan recognized the new nation on 16 December 1971. East Pakistan was created from Bengal...
, leading to the creation of Bangladesh
Bangladesh
Bangladesh , officially the People's Republic of Bangladesh is a sovereign state located in South Asia. It is bordered by India on all sides except for a small border with Burma to the far southeast and by the Bay of Bengal to the south...
. 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.
1989 popular insurgency and militancy
In 1989, a widespread popular and armed insurgency 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. 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. Yasin MalikYasin Malik
Yasin Malik is the chairman of one of the two factions of Jammu Kashmir Liberation Front, the chairman for other faction is Farooq Siddiqi . The Jammu Kashmir Liberation Front , founded by Amanullah Khan and Maqbool Bhat, is a Kashmiri nationalist organization founded in Birmingham, UK on May 29,...
, a leader of one faction of the Jammu Kashmir Liberation Front
Jammu Kashmir Liberation Front (Yasin Malik)
The Jammu Kashmir Liberation Front is a break away faction of the Jammu Kashmir Liberation Front, led by Yasin Malik. It is a secular separatist movement, demanding a united Kashmir independent from both Pakistan and India. Although previously a militant organization, since 1995 it has renounced...
, 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. 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. 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
Omar Abdullah
Omar Abdullah , born 10 March 1970 in United Kingdom, is an Indian Kashmiri politician and the scion of Kashmir's 'first family', the Abdullah family who became the 11th and the youngest Chief Minister of Jammu and Kashmir after forming a government in coalition with the Congress party, on...
remarked that foreign militants were engaged in reckless killings and mayhem in the name of religion.
Indian government has said militancy is now on the decline.
The Pakistani government calls these insurgents "Kashmiri freedom fighters", and claims that it gives only moral and diplomatic support to these insurgents, though India believes they are Pakistan-supported terrorists from Pakistan Administered Kashmir. In October 2008, President Asif Ali Zardari
Asif Ali Zardari
Asif Ali Zardari is the 11th and current President of Pakistan and the Co-Chairman of the ruling Pakistan Peoples Party . He is also the widower of Benazir Bhutto, who served two nonconsecutive terms as Prime Minister....
of Pakistan called the Kashmir separatists, terrorists in an interview with The Wall Street Journal
The Wall Street Journal
The Wall Street Journal is an American English-language international daily newspaper. It is published in New York City by Dow Jones & Company, a division of News Corporation, along with the Asian and European editions of the Journal....
. These comments by Zardari sparked outrage amongst many Kashmiris, some of whom defied a curfew by the Indian army to burn him in effigy.
There has been a "purely indigenous, purely Kashmiri" 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
In a 'Letter to American People' written by Osama bin LadenOsama bin Laden
Osama bin Mohammed bin Awad bin Laden was the founder of the militant Islamist organization Al-Qaeda, the jihadist organization responsible for the September 11 attacks on the United States and numerous other mass-casualty attacks against civilian and military targets...
in 2002, he stated that one of the reasons he was fighting America is because of its support of India on the Kashmir issue. While on a trip to Delhi in 2002, U.S. Secretary of Defense Donald Rumsfeld
Donald Rumsfeld
Donald Henry Rumsfeld is an American politician and businessman. Rumsfeld served as the 13th Secretary of Defense from 1975 to 1977 under President Gerald Ford, and as the 21st Secretary of Defense from 2001 to 2006 under President George W. Bush. He is both the youngest and the oldest person to...
suggested that Al-Qaeda
Al-Qaeda
Al-Qaeda is a global broad-based militant Islamist terrorist organization founded by Osama bin Laden sometime between August 1988 and late 1989. It operates as a network comprising both a multinational, stateless army and a radical Sunni Muslim movement calling for global Jihad...
was active in Kashmir, though he did not have any hard evidence. An investigation in 2002 unearthed evidence that Al-Qaeda and its affiliates were prospering in Pakistan-administered Kashmir
Pakistan-administered Kashmir
Azad Kashmir borders the Pakistani provinces of Punjab and Khyber Pakhtunkhwa to the west, the Wakhan Corridor of Afghanistan to the north west, the Xinjiang Uyghur Autonomous Region of People's Republic of China to the north and the Indian-administered state of Jammu and Kashmir, to the east.A...
with tacit approval of Pakistan's National Intelligence agency Inter-Services Intelligence
Inter-Services Intelligence
The Directorate for Inter-Services Intelligence , is Pakistan's premier intelligence agency, responsible for providing critical national security intelligence assessment to the Government of Pakistan...
. A team of Special Air Service
Special Air Service
Special Air Service or SAS is a corps of the British Army constituted on 31 May 1950. They are part of the United Kingdom Special Forces and have served as a model for the special forces of many other countries all over the world...
and Delta Force
Delta Force
1st Special Forces Operational Detachment-Delta is one of the United States' secretive Tier One counter-terrorism and Special Mission Units. Commonly known as Delta Force, Delta, or The Unit, it was formed under the designation 1st SFOD-D, and is officially referred to by the Department of Defense...
was sent into Indian-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
Harkat-ul-Mujahideen
Harkat-ul-Mujahideen- al-Islami is a Pakistan-based Islamic militant group operating primarily in Kashmir. In 1997, the United States designated Harakat al-Ansar a foreign terrorist organization for links to Osama bin Laden and al-Qaeda, and in response the organization changed its name to...
. 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. 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. In 2006 Al-Qaeda claim they have established a wing in Kashmir; this worried the Indian government. 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
Lashkar-e-Taiba
Lashkar-e-Taiba – also transliterated as Lashkar-i-Tayyaba, Lashkar-e-Tayyaba, Lashkar-e-Tayyiba, Lashkar-i-Taiba, Lashkar Taiba or LeT – is one of the largest and most active militant Islamist terrorist organizations in South Asia, operating mainly from Pakistan.It was founded by Hafiz Muhammad...
and Jaish-e-Mohammed
Jaish-e-Mohammed
Jaish-e-Mohammed is a Pakistani-based, militant Islamic group established by Maulana Masood Azhar in March 2000...
in Pakistan. While on a visit to Pakistan in January 2010, U.S. Defense secretary Robert Gates
Robert Gates
Dr. Robert Michael Gates is a retired civil servant and university president who served as the 22nd United States Secretary of Defense from 2006 to 2011. Prior to this, Gates served for 26 years in the Central Intelligence Agency and the National Security Council, and under President George H. W....
stated that Al-Qaeda was seeking to destabilize the region and planning to provoke a nuclear war between India and Pakistan.
In September 2009, a U.S. Drone strike
Drone attacks in Pakistan
The United States government, led by the Central Intelligence Agency's Special Activities Division, has made a series of attacks on targets in northwest Pakistan since 2004 using drones . These attacks are part of the US' War on Terrorism campaign, seeking to defeat Taliban and Al-Qaeda militants...
reportedly killed Ilyas Kashmiri
Ilyas Kashmiri (militant)
Ilyas Kashmiri, also referred to as Maulana Ilyas Kashmiri and Muhammad Ilyas Kashmiri , was a senior al-Qaeda member and leader of the Harkat-ul-Jihad al-Islami He was also connected with the Soviet-Afghan war, the Kashmir conflict and attacks against India, Pakistan and the United States...
, who was the chief of Harkat-ul-Jihad al-Islami, a Kashmiri militant group associated with Al-Qaeda. Kashmiri was described by Bruce Riedel
Bruce Riedel
Bruce Riedel is a Senior Fellow in foreign policy at the Saban Center for Middle East Policy of the Brookings Institution, a Senior Advisor at Albright Stonebridge Group, a former CIA Analyst, a counter-terrorism expert, and an author. He retired in 2006 after 29 years with the Central...
as a 'prominent' Al-Qaeda member, while others described him as the head of military operations for Al-Qaeda. Waziristan
Waziristan
Waziristan is a mountainous region near the Northwest of Pakistan, bordering Afghanistan and covering some 11,585 km² . The area is entirely populated by ethnic Pashtuns . The language spoken in the valley is Pashto/Pakhto...
had now become the new battlefield for Kashmiri militants, who were now fighting NATO in support of Al-Qaeda. Ilyas Kashmiri was charged by the U.S. in a plot against Jyllands-Posten
Jyllands-Posten
Morgenavisen Jyllands-Posten , commonly shortened to Jyllands-Posten or JP, is a Danish daily broadsheet newspaper. It is based in Viby, a suburb of Århus, and with a weekday circulation of approximately 120,000 copies, it is among the largest-selling newspaper in Denmark...
, the Danish newspaper which was at the center of Jyllands-Posten Muhammad cartoons controversy
Jyllands-Posten Muhammad cartoons controversy
The Jyllands-Posten Muhammad cartoons controversy began after 12 editorial cartoons, most of which depicted the Islamic prophet Muhammad, were published in the Danish newspaper Jyllands-Posten on 30 September 2005...
.
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.
Conflict in Kargil
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
Kargil District
Kargil is a district of Ladakh, Kashmir, India. Kargil lies near the Line of Control facing Pakistan-occupied Kashmir's Baltistan to the west, and Kashmir valley to the south. Zanskar is part of Kargil district along with Suru, Wakha and Dras valleys...
overlooking the highway in Indian Kashmir that connects Srinagar
Srinagar
Srinagar is the summer seasonal capital of Jammu and Kashmir. It is situated in Kashmir Valley and lies on the banks of the Jhelum River, a tributary of the Indus. It is one of the largest cities in India not to have a Hindu majority. The city is famous for its gardens, lakes and houseboats...
and Leh. By blocking the highway, they wanted to cut off the only link between the Kashmir Valley and Ladakh
Ladakh
Ladakh is a region of Jammu and Kashmir, the northernmost state of the Republic of India. It lies between the Kunlun mountain range in the north and the main Great Himalayas to the south, inhabited by people of Indo-Aryan and Tibetan descent...
. This resulted in a high-scale conflict between the Indian Army and the Pakistan Army.
Fears of the Kargil War
Kargil War
The Kargil War ,, also known as the Kargil conflict, was an armed conflict between India and Pakistan that took place between May and July 1999 in the Kargil district of Kashmir and elsewhere along the Line of Control...
turning into a nuclear war
Nuclear warfare
Nuclear warfare, or atomic warfare, is a military conflict or political strategy in which nuclear weaponry is detonated on an opponent. Compared to conventional warfare, nuclear warfare can be vastly more destructive in range and extent of damage...
provoked the then-United States President Bill Clinton
Bill Clinton
William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...
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.
Reasons behind the dispute
The Kashmir Conflict arises from the Partition of India in 1947 into modern India and Pakistan. Both the countries have made claims to Kashmir, based on historical developments and religious affiliations of the Kashmiri people. The state of Jammu and KashmirJammu and Kashmir
Jammu and Kashmir is the northernmost state of India. It is situated mostly in the Himalayan mountains. Jammu and Kashmir shares a border with the states of Himachal Pradesh and Punjab to the south and internationally with the People's Republic of China to the north and east and the...
, which lies strategically in the north-west of the subcontinent, bordering China and the former Soviet Union, was a princely state
Princely state
A Princely State was a nominally sovereign entitity of British rule in India that was not directly governed by the British, but rather by an Indian ruler under a form of indirect rule such as suzerainty or paramountcy.-British relationship with the Princely States:India under the British Raj ...
ruled by Maharaja Hari Singh
Hari Singh
Maharaja Hari Singh was the last ruling Maharaja of the princely state of Jammu and Kashmir in India.He was married four times...
under the paramountcy
Paramountcy
The doctrine of paramountcy is the legal principle that reconciles contradicting or conflicting laws in a federalist state. Where both the central government and the provincial or state governments have the power to create laws in relation to the same matters, the laws of one government will be...
of British India
British Raj
British Raj was the British rule in the Indian subcontinent between 1858 and 1947; The term can also refer to the period of dominion...
. In geographical and legal terms, the Maharaja could have joined either of the two new Dominions. Although urged by the Viceroy, Lord Mountbatten of Burma
Louis Mountbatten, 1st Earl Mountbatten of Burma
Admiral of the Fleet Louis Francis Albert Victor Nicholas George Mountbatten, 1st Earl Mountbatten of Burma, KG, GCB, OM, GCSI, GCIE, GCVO, DSO, PC, FRS , was a British statesman and naval officer, and an uncle of Prince Philip, Duke of Edinburgh...
, to determine the future of his state before the transfer of power took place, Singh demurred. In October 1947, incursions by Pakistan took place leading to a war, as a result of which the state of Jammu and Kashmir
Jammu and Kashmir
Jammu and Kashmir is the northernmost state of India. It is situated mostly in the Himalayan mountains. Jammu and Kashmir shares a border with the states of Himachal Pradesh and Punjab to the south and internationally with the People's Republic of China to the north and east and the...
remains divided between the two countries.
| Administered by | Area | Population | % Muslim Muslim A Muslim, also spelled Moslem, is an adherent of Islam, a monotheistic, Abrahamic religion based on the Quran, which Muslims consider the verbatim word of God as revealed to prophet Muhammad. "Muslim" is the Arabic term for "submitter" .Muslims believe that God is one and incomparable... | % Hindu Hindu Hindu refers to an identity associated with the philosophical, religious and cultural systems that are indigenous to the Indian subcontinent. As used in the Constitution of India, the word "Hindu" is also attributed to all persons professing any Indian religion... | % Buddhist | % Other |
|---|---|---|---|---|---|---|
| India | Kashmir valley | ~4 million | 95% | 4% | – | – |
| Jammu | ~3 million | 30% | 66% | – | 4% | |
| Ladakh | ~0.25 million | 46% (Shia) | – | 50% | 3% | |
| Pakistan | Northern Areas | ~1 million | 99% | – | – | – |
| Azad Kashmir | ~2.6 million | 100% | – | – | – | |
| China | Aksai Chin | – | – | – | – | – |
|
||||||
Two-thirds of the former princely state (known as the Indian state of Jammu and Kashmir
Jammu and Kashmir
Jammu and Kashmir is the northernmost state of India. It is situated mostly in the Himalayan mountains. Jammu and Kashmir shares a border with the states of Himachal Pradesh and Punjab to the south and internationally with the People's Republic of China to the north and east and the...
), comprising Jammu
Jammu
Jammu , also known as Duggar, is one of the three administrative divisions within Jammu and Kashmir, the northernmost state in India.Jammu city is the largest city in Jammu and the winter capital of Jammu and Kashmir...
, the Kashmir Valley, and the sparsely populated Buddhist area of Ladakh
Ladakh
Ladakh is a region of Jammu and Kashmir, the northernmost state of the Republic of India. It lies between the Kunlun mountain range in the north and the main Great Himalayas to the south, inhabited by people of Indo-Aryan and Tibetan descent...
are controlled by India; one-third is administered by Pakistan. The latter includes a narrow strip of land called Azad Kashmir
Azad Kashmir
Azad Jammu and Kashmir or Azad Kashmir for short, is the southernmost political entity within the Pakistani-administered part of the former princely state of Jammu and Kashmir...
and the Northern Areas, compromising the Gilgit Agency
Gilgit Agency
The Gilgit Agency was a political unit of British India, which administered the northern half of the Princely state of Jammu and Kashmir. The Gilgit Agency was created in 1877 and was overseen by a political agent of the Governor-General of British India. The seat of the agent was Srinagar...
, Baltistan
Baltistan
Baltistan , also known as بلتیول བལིུལ་ in the Balti language, is a region in northern Pakistan which forms Gilgit-Baltistan, bordering the Xinjiang Autonomous Region of China. In addition, a part of Baltistan also falls into Jammu and Kashmir of India. It is situated in the Karakoram mountains...
, and the former kingdoms of Hunza
Hunza Valley
The Hunza Valley is a mountainous valley in the Gilgit-Baltistan region of Pakistan. The Hunza valley is situated to the north of the Hunza River, at an elevation of around . The territory of Hunza is about...
and Nagar
Nagar, Pakistan
Nagar is a town near to the Gilgit Valley in the Gilgit-Baltistan region of northern Pakistan. The town is located in Hunza–Nagar District and was the capital of the former State of 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
Tashkent Declaration
The Tashkent Declaration of 10 January 1966 was a peace agreement between India and Pakistan. In September 1965 before the two had engaged in the short run Indo-Pakistani War of 1965...
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
Bangladesh
Bangladesh , officially the People's Republic of Bangladesh is a sovereign state located in South Asia. It is bordered by India on all sides except for a small border with Burma to the far southeast and by the Bay of Bengal to the south...
, under the terms of the 1972 Simla Agreement between Prime Minister Indira Gandhi
Indira Gandhi
Indira Priyadarshini Gandhara was an Indian politician who served as the third Prime Minister of India for three consecutive terms and a fourth term . She was assassinated by Sikh extremists...
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
Kargil War
The Kargil War ,, also known as the Kargil conflict, was an armed conflict between India and Pakistan that took place between May and July 1999 in the Kargil district of Kashmir and elsewhere along the Line of Control...
. There are also sporadic clashes on the Siachen Glacier
Siachen Glacier
The Siachen Glacier is located in the eastern Karakoram range in the Himalaya Mountains at about , just east of the Line of Control between India-Pakistan. India controls all of the Siachen Glacier itself, including all tributary glaciers. At long, it is the longest glacier in the Karakoram and...
, where the Line of Control is not demarcated and both countries maintain forces at altitudes rising to 20000 ft (6,096 m), with the Indian forces serving at higher altitudes.
Indian view
- India holds that the Instrument of AccessionInstrument of Accession (Jammu and Kashmir)The Instrument of Accession is a legal document executed by Maharajah Hari Singh, ruler of the princely state of Jammu and Kashmir, on 26 October 1947...
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 & executed on 27 October 1947 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. 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. - The Constituent assembly of Jammu and KashmirConstituent assembly of Jammu and KashmirConstituent assembly of Jammu and Kashmir was a body of representatives elected in 1951 to write the constitution of Jammu and Kashmir.-Background:...
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. The most popular political party, the National ConferenceJammu & Kashmir National ConferenceThe Jammu & Kashmir National Conference is a State political party in the state of Jammu and Kashmir, India. Led at the time of Indian Independence in 1947 by Sheikh Abdullah, it dominated electoral politics in the state for many decades...
, was also in favour of acceding to India. - United Nations Security Council Resolution 1172United Nations Security Council Resolution 1172United Nations Security Council Resolution 1172, adopted unanimously on June 6, 1998, after hearing of nuclear tests conducted by India and Pakistan in May 1998, the Council condemned the tests and demanded that both countries refrain from engaging in further tests.-Resolution:The Security Council...
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. - United Nations Security Council Resolution 47United Nations Security Council Resolution 47United Nations Security Council Resolution 47, adopted on April 21, 1948, after hearing arguments from both India and Pakistan the Council increased the size of the Commission established by United Nations Security Council Resolution 39 to five members, instructed the Commission to go to the...
cannot be implemented since Pakistan failed to withdraw its forces from Kashmir, which was the first step in implementing the resolution. India is also of the view that Resolution 47 is obsolete, since the geography and demographics of the region have been permanently altered. The resolution was passed by United Nations Security CouncilUnited Nations Security CouncilThe United Nations Security Council is one of the principal organs of the United Nations and is charged with the maintenance of international peace and security. Its powers, outlined in the United Nations Charter, include the establishment of peacekeeping operations, the establishment of...
under Chapter VI of the United Nations CharterChapter VI of the United Nations CharterChapter VI of the United Nations Charter deals with peaceful settlement of disputes. It requires countries with disputes that could lead to war to first of all try to seek solutions through peaceful methods such as negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement,...
. It is therefore non-binding and has no mandatory enforceability, as opposed to the resolutions passed under Chapter VII. - 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.
- The state of Jammu and Kashmir was provided significant autonomy in Article 370Article 370Article 370 of the Indian constitution grants special autonomous status to Jammu and Kashmir.-Text of Article 370:In view of its importance the text of the article 370 is reproduced below:Article 370 of the Constitution of India...
of the Constitution of IndiaConstitution of IndiaThe Constitution of India is the supreme law of India. It lays down the framework defining fundamental political principles, establishes the structure, procedures, powers, and duties of government institutions, and sets out fundamental rights, directive principles, and the duties of citizens...
. - 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.
- 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.
- Insurgency and terrorism in Kashmir is deliberately being fueled by Pakistan to create instability in the region. The Government of India has repeatedly accused Pakistan of waging a proxy warProxy warA proxy war or proxy warfare is a war that results when opposing powers use third parties as substitutes for fighting each other directly. While powers have sometimes used governments as proxies, violent non-state actors, mercenaries, or other third parties are more often employed...
in Kashmir by providing weapons and financial assistance to terrorist groupsPakistan and state terrorismPakistan has been accused by neighbours India, Afghanistan, Iran and western nations like the United States, and the United Kingdom of its involvement in terrorist activities in India as well as Afghanistan . Pakistan's tribal region is Branded as a "Haven for Terrorism", it is considered among...
in the region. - Pakistan is trying to raise anti-India sentiment among the people of Kashmir by spreading false propaganda against India. 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.
- 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 1373United Nations Security Council Resolution 1373United Nations Security Council Resolution 1373, adopted unanimously on September 28, 2001, is a counter-terrorism measure passed following the September 11 terrorist attacks on the United States...
. This is a Chapter VIIChapter VII of the United Nations CharterChapter VII of the United Nations Charter sets out the UN Security Council's powers to maintain peace. It allows the Council to "determine the existence of any threat to the peace, breach of the peace, or act of aggression" and to take military and nonmilitary action to "restore international peace...
resolution that makes it mandatory for member states to not provide active or passive support to terrorist organizations. Specifically, it has pointed out that the Pakistani government continues to support various terrorist organizations, such as Jaish-e-MohammadJaish-e-MohammedJaish-e-Mohammed is a Pakistani-based, militant Islamic group established by Maulana Masood Azhar in March 2000...
and Lashkar-e-TaibaLashkar-e-TaibaLashkar-e-Taiba – also transliterated as Lashkar-i-Tayyaba, Lashkar-e-Tayyaba, Lashkar-e-Tayyiba, Lashkar-i-Taiba, Lashkar Taiba or LeT – is one of the largest and most active militant Islamist terrorist organizations in South Asia, operating mainly from Pakistan.It was founded by Hafiz Muhammad...
, in direct violation of this resolution. - India points out reports by human rights organizations condemning Pakistan for the lack of civic liberties in Pakistan-administered Kashmir. 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.
- 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.
Pakistani view
Junagadh
Junagadh is the headquarters of Junagadh district in the Indian state of Gujarat. The city is the 7th largest in Gujarat. The city is located at the foot of the Girnar hills, 355 km south west of state capital Gandhinagar and Ahmedabad. The city is in western India. Literally translated,...
to Pakistan and Hyderabad
Hyderabad State
-After Indian independence :When India gained independence in 1947 and Pakistan came into existence in 1947, the British left the local rulers of the princely states the choice of whether to join one of the new dominions or to remain independent...
's independence, on the grounds that those two states had Hindu majorities (in fact, India had occupied and forcibly integrated those two territories). 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
Standstill Agreement
A standstill agreement is usually an instrument of a hostile takeover defense, in which an unfriendly bidder agrees to limit its holdings of a target firm. In many cases, the target firm is willing to purchase the potential raider’s shares at a premium price, thereby enacting a standstill or...
, 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).
From 1990 to 1999, some organizations reported that the Indian Armed Forces
Indian Armed Forces
The Indian Armed Forces are the military forces of the Republic of India. They consist of the Army, Navy and Air Force, supported by three paramilitary forces and various inter-service institutions such as the Strategic Forces Command.The President of India is...
, 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. Similar allegations were also made by some human rights organizations.
In short, Pakistan holds that:
- 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.
- According to the two-nation theoryTwo-Nation TheoryThe Two-Nation Theory proposed by Allama Iqbal is the ideology that the primary identity of Muslims in the Indian subcontinent is their religion, rather than their language or ethnicity, and therefore Indian Hindus and Muslims are two distinct nationalities, regardless of ethnic or other...
, 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.
- 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.
- Pakistan points to the violence that accompanies elections in Indian Kashmir and the anti Indian sentiments expressed by some people in the state.
- 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.
- Pakistan points towards reports from the United Nations which condemn India for its human rights violations against Kashmiri people. Human rights organizations have strongly condemned Indian troops for widespread rape and murder of innocent civilians while accusing these civilians of being militants.
- The Chenab formula was a compromise proposed in the 1960s, in which the Kashmir valley and other Muslim-dominated areas north of the Chenab riverChenab RiverThe Chenab River چنRiver' آب) is a major river of Jammu and Kashmir and the Punjab in Pakistan. It forms in the upper Himalayas in the Lahaul and Spiti district of Himachal Pradesh, India, and flows through the Jammu region of Jammu and Kashmir into the plains of the Punjab, Pakistan...
would go to Pakistan, and Jammu and other Hindu-dominated regions would go to India.
Chinese view
- China did not accept the boundaries of the princely state of Kashmir and Jammu, north of the Aksai ChinAksai ChinAksai Chin is one of the two main disputed border areas between China and India, and the other is South Tibet, which comprises most of India's Arunachal Pradesh. It is administered by China as part of Hotan County in the Hotan Prefecture of Xinjiang Autonomous Region, but is also claimed by India...
and the KarakoramKarakoramThe Karakoram, or Karakorum , is a large mountain range spanning the borders between Pakistan, India and China, located in the regions of Gilgit-Baltistan , Ladakh , and Xinjiang region,...
that were proposed by the British. - China settled its border disputes with Pakistan in the Trans Karakoram Tract in 1963 with the provision that the settlement was subject to the final solution of the Kashmir dispute.
Cross-border troubles
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 GlacierSiachen Glacier
The Siachen Glacier is located in the eastern Karakoram range in the Himalaya Mountains at about , just east of the Line of Control between India-Pakistan. India controls all of the Siachen Glacier itself, including all tributary glaciers. At long, it is the longest glacier in the Karakoram and...
, is a part of this difficult-to-man boundary. Even with 200,000 military personnel, 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 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
Pervez Musharraf
Pervez Musharraf , is a retired four-star general who served as the 13th Chief of Army Staff and tenth President of Pakistan as well as tenth Chairman of the Joint Chiefs of Staff Committee. Musharraf headed and led an administrative military government from October 1999 till August 2007. He ruled...
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 RiverIndus River
The Indus River is a major river which flows through Pakistan. It also has courses through China and India.Originating in the Tibetan plateau of western China in the vicinity of Lake Mansarovar in Tibet Autonomous Region, the river runs a course through the Ladakh district of Jammu and Kashmir and...
basin. They include the Jhelum
Jhelum River
Jehlum River or Jhelum River , ) is a river that flows in India and Pakistan. It is the largest and most western of the five rivers of Punjab, and passes through Jhelum District...
and Chenab rivers, which primarily flow into Pakistan while other branches—the Ravi
Ravi River
The Ravi is a trans-boundary river flowing through Northwestern India and eastern Pakistan. It is one of the six rivers of the Indus System in Punjab region ....
, Beas
Beas River
The Beas River is a river in the northern part of India. The river rises in the Himalayas in central Himachal Pradesh, India, and flows for some 470 km to the Sutlej River in the Indian state of Punjab....
, and the Sutlej
Sutlej
The Sutlej River is the longest of the five rivers that flow through the historic crossroad region of Punjab in northern India and Pakistan. It is located north of the Vindhya Range, south of the Hindu Kush segment of the Himalayas, and east of the Central Sulaiman Range in Pakistan.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
Indus Waters Treaty
The Indus Waters Treaty is a water-sharing treaty between the Republic of India and Islamic Republic Of Pakistan, brokered by the World Bank . The treaty was signed in Karachi on September 19, 1960 by Indian Prime Minister Jawaharlal Nehru and President of Pakistan Mohammad Ayub Khan...
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.
Indian administered Kashmir
In Jammu and Kashmir, the Islamic insurgency has claimed to have specifically targeted the Hindu Kashmiri PanditKashmiri Pandit
The Kashmiri Pandits are a Hindu Brahmin community originating from Kashmir, a mountainous region in South Asia.-Background:The Hindu caste system of the region was influenced by the influx of Buddhism from the time of Asoka, around the third century BCE, and a consequence of this was that the...
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
Ethnic cleansing
Ethnic cleansing is a purposeful policy designed by one ethnic or religious group to remove by violent and terror-inspiring means the civilian population of another ethnic orreligious group from certain geographic areas....
in a 2006 resolution passed by the United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
. 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. The United Nations Commission on Human Rights
United Nations Commission on Human Rights
The United Nations Commission on Human Rights was a functional commission within the overall framework of the United Nations from 1946 until it was replaced by the United Nations Human Rights Council in 2006...
reports that there are roughly 1.5 million refugees from Indian-administered Kashmir in Pakistan-administered Kashmir and in Pakistan.
Claims of human rights abuses have been made against the Indian Armed Forces and the armed militants operating in Jammu and Kashmir. A 2005 study conducted by Médecins Sans Frontières
Médecins Sans Frontières
' , or Doctors Without Borders, is a secular humanitarian-aid non-governmental organization best known for its projects in war-torn regions and developing countries facing endemic diseases. Its headquarters are in Geneva, Switzerland...
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. 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. Amnesty International
Amnesty International
Amnesty International is an international non-governmental organisation whose stated mission is "to conduct research and generate action to prevent and end grave abuses of human rights, and to demand justice for those whose rights have been violated."Following a publication of Peter Benenson's...
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. 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. However in October 2010, Army Chief Gen VK Singh
Vijay Kumar Singh
General Vijay Kumar Singh PVSM, AVSM, YSM, ADC is the 26th General of the Indian Army and the current Chief of Army Staff of the Indian Army.- Early Life and education:...
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". 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.
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." A 1996 Human Rights Watch
Human Rights Watch
Human Rights Watch is an international non-governmental organization that conducts research and advocacy on human rights. Its headquarters are in New York City and it has offices in Berlin, Beirut, Brussels, Chicago, Geneva, Johannesburg, London, Los Angeles, Moscow, Paris, San Francisco, Tokyo,...
report accuses the Indian military and Indian-government backed paramilitaries of "committ[ing] serious and widespread human rights violations in Kashmir."
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." There have been claims of disappearances by the police or the army in Kashmir by several human rights organizations. Jammu and Kashmir Public Safety Act, 1978: Human rights organizations have asked Indian government to repeal the Public Safety Act, since "a detainee may be held in administrative detention for a maximum of two years without a court order."
Amnesty International
Amnesty International is an international non-governmental organisation whose stated mission is "to conduct research and generate action to prevent and end grave abuses of human rights, and to demand justice for those whose rights have been violated."Following a publication of Peter Benenson's...
and the Human Rights Watch
Human Rights Watch
Human Rights Watch is an international non-governmental organization that conducts research and advocacy on human rights. Its headquarters are in New York City and it has offices in Berlin, Beirut, Brussels, Chicago, Geneva, Johannesburg, London, Los Angeles, Moscow, Paris, San Francisco, Tokyo,...
(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 repeal 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.
Azad Kashmir
Pakistan, an Islamic Republic, imposes multiple restrictions on peoples' religious freedom. Religious minorities also face unofficial economic and societal discrimination and have been targets of sectarian violenceSectarian violence in Pakistan
Sectarian violence in Pakistan spark up occasionally between the predominant Sunnis and minority Shias. According to Library of Congress, Pew Research Center, Oxford University, the CIA Factbook and other experts, Shi'a Islam in Pakistan make up 5-20% of the total Muslim population, while the...
.
The constitution of Azad Kashmir specifically prohibits activities that may be prejudicial to the state's accession to Pakistan, and as such regularly suppresses demonstrations against the government. A number of Islamist militant groups operate in this area including Al-Qaeda, with tacit permission from Pakistan's intelligence. As in Indian administered Kashmir, there have been allegations of human rights abuse.
A report titled "Kashmir: Present Situation and Future Prospects", which was submitted to the European Parliament
European Parliament
The European Parliament is the directly elected parliamentary institution of the European Union . Together with the Council of the European Union and the Commission, it exercises the legislative function of the EU and it has been described as one of the most powerful legislatures in the world...
by Emma Nicholson, Baroness Nicholson of Winterbourne
Emma Nicholson, Baroness Nicholson of Winterbourne
Emma Harriet Nicholson, Baroness Nicholson of Winterbourne is a British politician. Formerly the Conservative then Liberal Democrat Member of Parliament for Torridge and West Devon she is a now life peer, and a former Liberal Democrat Member of the European Parliament for South East England.-Early...
, was critical of the lack of human rights, justice, democracy, and Kashmiri representation in the Pakistan National Assembly. According to the Human Rights Commission of Pakistan
Human Rights Commission of Pakistan
The Human Rights Commission of Pakistan , or HRCP, is an independent, non-profit organization, founded in 1987, which is not associated or affiliated with the government or any political party. It is committed to act with impartiality and objectivity in all matters...
, Pakistan's Inter Services Intelligence operates in Pakistan-administered Kashmir and is involved in extensive surveillance, arbitrary arrests, torture, and murder. Generally this is done with impunity and perpetrators go unpunished. The 2008 report by the United Nations High Commissioner for Refugees determined that Pakistan-administered Kashmir
Pakistan-administered Kashmir
Azad Kashmir borders the Pakistani provinces of Punjab and Khyber Pakhtunkhwa to the west, the Wakhan Corridor of Afghanistan to the north west, the Xinjiang Uyghur Autonomous Region of People's Republic of China to the north and the Indian-administered state of Jammu and Kashmir, to the east.A...
was 'Not free'. According to Shaukat Ali, chairman of the International Kashmir Alliance, "On one hand Pakistan claims to be the champion of the right of self-determination of the Kashmiri people, but she has denied the same rights under its controlled parts of Kashmir and Gilgit-Baltistan".European Parliamentarians express concern for Gilgit-Baltistan, German Information Center, New Delhi, 2008-04-12
Gilgit-Baltistan
The main demand of the people of Gilgit-Baltistan is a constitutional status to the region as a fifth province of Pakistan. However, Pakistan claims that Gilgit-Baltistan cannot be given constitutional status due to Pakistan's commitment to the 1948 UN resolution. In 2007, International Crisis GroupInternational Crisis Group
The International Crisis Group is an international, non-profit, non-governmental organization whose mission is to prevent and resolve deadly conflicts around the world through field-based analyses and high-level advocacy.-History:...
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". A two-day conference on Gilgit-Baltistan was held on 8–9 April 2008 at the European Parliament in Brussels
Brussels
Brussels , officially the Brussels Region or Brussels-Capital Region , is the capital of Belgium and the de facto capital of the European Union...
under the auspices of the International Kashmir Alliance. Several members of the European Parliament
European Parliament
The European Parliament is the directly elected parliamentary institution of the European Union . Together with the Council of the European Union and the Commission, it exercises the legislative function of the EU and it has been described as one of the most powerful legislatures in the world...
expressed concern over the human rights violation in Gilgit-Baltistan and urged the government of Pakistan to establish democratic institutions and rule of law in the area.
In 2009, the Pakistan government implemented an autonomy package for Gilgit-Baltistan which entails rights similar to those of Pakistan’s other provinces. Gilgit-Baltistan thus gains province-like status without actually being conferred such a status constitutionally. The direct rule by Islamabad is replaced by an elected legislative assembly and its chief minister.
There has been criticism and opposition to this move in Pakistan, India, and Pakistan administrated Kashmir. The move has been dubbed as an eyewash to hide the real mechanics of power, which allegedly are under the direct control of the Pakistani federal government. The package was opposed by Pakistani Kashmiri politicians who claimed that the integration of Gilgit-Baltistan into Pakistan would undermine their case for the independence of Kashmir from India. 300 activists from Kashmiri groups protested during the first Gilgit-Baltistan legislative assembly elections, with some carrying banners reading "Pakistan's expansionist designs in Gilgit-Baltistan are unacceptable"
In December 2009, activists of nationalist Kashmiri groups staged a protest in Muzaffarabad
Muzaffarabad
Muzaffarabad is the capital of Pakistan Occupied Kashmir, Pakistan. It is located in Muzaffarabad District on the banks of the Jhelum and Neelum rivers...
to condemn the alleged rigging of elections and killing of a 18-year old student.
Map issues
Survey of India
The Survey of India is India's central engineering agency in charge of mapping and surveying. Set up in 1767 to help consolidate the territories of the British East India Company, it is one of the oldest Engineering Departments of the Government of India...
). 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
Line of Actual Control
The Line of Actual Control is the effective border between India and People's Republic of China . The LAC is 4,057-km long and traverses three areas of northern Indian states: western , middle and eastern...
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
Microsoft
Microsoft Corporation is an American public multinational corporation headquartered in Redmond, Washington, USA that develops, manufactures, licenses, and supports a wide range of products and services predominantly related to computing through its various product divisions...
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.
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
Commonwealth Secretariat
The Commonwealth Secretariat is the main intergovernmental agency and central institution of the Commonwealth of Nations. It is responsible for facilitating cooperation between members; organising meetings, including the Commonwealth Heads of Government Meetings ; assisting and advising on policy...
, 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 LoneSajjad Lone
Sajjad Gani Lone is a Kashmiri politician, the youngest son of Abdul Ghani Lone, who was killed in a rally in Srinagar. After the death of his father, Sajjad Lone became the chairman of People's Conference....
, 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
Kargil War
The Kargil War ,, also known as the Kargil conflict, was an armed conflict between India and Pakistan that took place between May and July 1999 in the Kargil district of Kashmir and elsewhere along the Line of Control...
and the subsequent 9/11 attacks. These events put pressure on Pakistan to alter its position on terrorism. Many neutral parties to the dispute have noted that the UN resolution on Kashmir is no longer relevant. The European Union has viewed that the plebiscite is not in Kashmiris' interest. The report notes that the UN conditions for such a plebiscite have not been, and can no longer be, met by
Pakistan. The Hurriyat Conference observed in 2003 that a "plebiscite [is] no longer an option". 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.
In a 2001 report titled "Pakistan's Role in the Kashmir Insurgency" from the American RAND Corporation, the think tank
Think tank
A think tank is an organization that conducts research and engages in advocacy in areas such as social policy, political strategy, economics, military, and technology issues. Most think tanks are non-profit organizations, which some countries such as the United States and Canada provide with tax...
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
Jammu Kashmir Liberation Front
The Jammu Kashmir Liberation Front , founded by Amanullah Khan and Maqbool Bhat, is a Kashmiri nationalist organization founded in Birmingham, UK on May 29, 1977. From then until 1994 it was an active terrorist organization with branches in several cities and towns of the UK, and in several other...
– 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
Punjab (Pakistan)
Punjab is the most populous province of Pakistan, with approximately 45% of the country's total population. Forming most of the Punjab region, the province is bordered by Kashmir to the north-east, the Indian states of Punjab and Rajasthan to the east, the Pakistani province of Sindh to the...
. In 2010, with the support of its intelligence agencies, Pakistan has again been 'boosting' Kashmir militants, and recruitment of mujahideen
Mujahideen
Mujahideen are Muslims who struggle in the path of God. The word is from the same Arabic triliteral as jihad .Mujahideen is also transliterated from Arabic as mujahedin, mujahedeen, mudžahedin, mudžahidin, mujahidīn, mujaheddīn and more.-Origin of the concept:The beginnings of Jihad are traced...
in the Pakistani state of Punjab has increased. In 2011, the FBI revealed that Pakistan's spy agency ISI
Inter-Services Intelligence
The Directorate for Inter-Services Intelligence , is Pakistan's premier intelligence agency, responsible for providing critical national security intelligence assessment to the Government of Pakistan...
paid millions of dollars into a United States-based non-governmental organization
Non-governmental organization
A non-governmental organization is a legally constituted organization created by natural or legal persons that operates independently from any government. The term originated from the United Nations , and is normally used to refer to organizations that do not form part of the government and are...
to influence politicians and opinion-makers on the Kashmir issue and arrested Syed Ghulam Nabi Fai
Syed Ghulam Nabi Fai
Syed Ghulam Nabi Fai is an American citizen of Kashmiri origin, from Indian-administered Kashmir, who was arrested by the Federal Bureau of Investigation on July 19, 2011 for allegedly working secretly for Pakistan's Inter-Services Intelligence to lobby and influence the U.S. government on the...
.
The Freedom in the World 2006
Freedom in the World 2006
Freedom in the World is a yearly survey and report by U.S.-based Freedom House that attempts to measure the degree of democracy and political freedom in every nation and significant disputed territories around the world.-Origin and use:...
report categorized Indian-administered Kashmir as "partly free", and Pakistan-administered Kashmir, as well as the country of Pakistan, as "not free". 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. According to a 2007 poll conducted by the Centre for the Study of Developing Societies
Centre for the Study of Developing Societies
The Centre for the Study of Developing Societies is an Indian social sciences and humanities research institute. It was founded in 1963 by Rajni Kothari and is largely founded by the Indian Council of Social Science Research...
in New Delhi, 87% of respondents in the Kashmir Valley prefer independence over union with India or Pakistan.
The 2005 Kashmir earthquake
2005 Kashmir earthquake
The 2005 Kashmir earthquake was a major earthquake centered in Pakistan-administered Kashmir known as Azad Kashmir, near the city of Muzaffarabad, affecting Gilgit-Baltistan and Khyber Pakhtunkhwa province of Pakistan. It occurred at 08:52:37 Pakistan Standard Time on 8 October 2005...
, which killed over 80,000 people, led to India and Pakistan finalizing negotiations for the opening of a road for disaster relief through Kashmir.
Efforts to end the crisis
The 9/11 attacks on the United States resulted in the U.S. government wanting to restrain militancy in the world, including Pakistan. They urged IslamabadIslamabad
Islamabad is the capital of Pakistan and the tenth largest city in the country. Located within the Islamabad Capital Territory , the population of the city has grown from 100,000 in 1951 to 1.7 million in 2011...
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
2001 Indian Parliament attack
The 2001 Indian Parliament attack was a high-profile attack by Lashkar-e-Toiba and Jaish-e-Mohammed terrorists against the building housing the Parliament of India in New Delhi...
linked to Pakistan, resulted in war threats, massive deployment, and international fears of a nuclear war in the subcontinent.
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. 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
Pervez Musharraf
Pervez Musharraf , is a retired four-star general who served as the 13th Chief of Army Staff and tenth President of Pakistan as well as tenth Chairman of the Joint Chiefs of Staff Committee. Musharraf headed and led an administrative military government from October 1999 till August 2007. He ruled...
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. Musharraf stated that he was ready to give up the United Nations' resolutions regarding Kashmir.
2008 militant attacks
In the week of 10 March 2008, 17 people were wounded when a blast hit the region's only highway overpass located near the Civil Secretariat—the seat of government of Indian-controlled Kashmir—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 on 23 March 2008. The battle began when security forces raided a house on the outskirts of the capital city of SrinagarSrinagar
Srinagar is the summer seasonal capital of Jammu and Kashmir. It is situated in Kashmir Valley and lies on the banks of the Jhelum River, a tributary of the Indus. It is one of the largest cities in India not to have a Hindu majority. The city is famous for its gardens, lakes and houseboats...
, housing militants. The Indian Army
Indian Army
The Indian Army is the land based branch and the largest component of the Indian Armed Forces. With about 1,100,000 soldiers in active service and about 1,150,000 reserve troops, the Indian Army is the world's largest standing volunteer army...
has been carrying out cordon-and-search operations against militants in Indian-administered Kashmir since the violence broke out in 1989. While the authorities 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.
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. 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.
2008 Kashmir protests
Massive demonstrations occurred after plans by the Indian-administered Jammu and Kashmir state government to transfer 100 acre (0.404686 km²) of landAmarnath land transfer controversy
On 26 May 2008, the government of India and state government of Jammu and Kashmir reached an agreement to transfer of forest land to the Shri Amarnathji Shrine Board in the main Kashmir valley to set up temporary shelters and facilities for Hindu pilgrims...
to a trust which runs the Hindu Amarnath shrine in the Muslim-majority Kashmir valley. This land was to be used to build a shelter to house Hindu pilgrims temporarily during their annual pilgrimage to the Amarnath temple.
Indian security forces and the Indian army responded quickly to keep order. More than 40 unarmed protesters were killed and at least 300 were detained. 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. 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. 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.
Separatists and workers of a political party were believed to be behind stone-pelting incidents, which led to retaliatory fire by the police. 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.
2008 Kashmir elections
State elections were held in Indian-held Kashmir in seven phases, starting 17 November and finishing on 24 December 2008. In spite of calls by separatists for a boycott, an unusually high turnout of almost 50% was recorded. The National Conference party, which was founded by Sheikh Abdullah and is regarded as pro-India, emerged with a majority of the seats. On 30 December, the National Congress PartyNational Congress Party
National Congress Party may refer to:* National Congress, the dominant political party of Sudan* National Congress Party * Nationalist Congress Party of India...
and the National Conference agreed to form a coalition government, with Omar Abdullah
Omar Abdullah
Omar Abdullah , born 10 March 1970 in United Kingdom, is an Indian Kashmiri politician and the scion of Kashmir's 'first family', the Abdullah family who became the 11th and the youngest Chief Minister of Jammu and Kashmir after forming a government in coalition with the Congress party, on...
as Chief Minister. On 5 January 2009, Abdullah was sworn in as the eleventh Chief Minister of Jammu and Kashmir.
In March 2009, Abdullah stated that only 800 militants were active in the state and out of these only 30% were Kashmiris.
2009 Kashmir protests
In 2009, protests started over the alleged rape and murder of two young women in Shopian in South Kashmir. Suspicion pointed towards the police as the perpetrators. A judicial enquiry by a retired High Court confirmed the suspicion, but a CBI enquiry reversed their conclusion. It gave a fresh impetus to the popular agitation against India. Significantly, the unity between the separatist parties was lacking this time.2010 Kashmir Unrest
The 2010 Kashmir unrest were a series of protests in the Muslim majority Kashmir Valley in Jammu & Kashmir which started in June 2010. These protests occurred in response to 'Quit Jammu Kashmir Movement' which was a civil disobedienceCivil disobedience
Civil disobedience is the active, professed refusal to obey certain laws, demands, and commands of a government, or of an occupying international power. Civil disobedience is commonly, though not always, defined as being nonviolent resistance. It is one form of civil resistance...
movement launched by Hurriyat Conference led by Syed Ali Shah Geelani
Syed Ali Shah Geelani
-Early life:Syed Geelani was born in a town called Zoorimunz, Bandipora, in North Kashmir. After his preliminary education in Sopore, he went on to graduate from the Oriental College in Lahore....
and Mirwaiz Umar Farooq, who had called for the complete demilitarization of Jammu and Kashmir. The All Parties Hurriyat Conference made this call to protest, citing human rights abuses by Indian troops.
Protesters shouting pro-independence slogans, defied curfew, attacked security forces with stones and burnt police vehicles and government buildings.
The Jammu and Kashmir Police and Indian Para-military forces fired live ammunition on the protesters, resulting in 112 deaths, including many teenagers. The protests subsided after the Indian government announced a package of measures aimed at defusing the tensions in September 2010.
Obama on the conflict
In an interview with Joe Klein of Time magazine in October 2008, Barack ObamaBarack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...
expressed his intention to try to work with India and Pakistan to resolve the crisis. He said he had talked to Bill Clinton
Bill Clinton
William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...
about it, as Clinton has experience being a mediator. In an editorial in The Washington Times
The Washington Times
The Washington Times is a daily broadsheet newspaper published in Washington, D.C., the capital of the United States. It was founded in 1982 by Unification Church founder Sun Myung Moon, and until 2010 was owned by News World Communications, an international media conglomerate associated with the...
, Selig S Harrison, director of the Asia Programme at the Center for International Policy
Center for International Policy
The Center for International Policy is a non-profit public policy research and advocacy think tank with offices in Washington, D.C. and New York City. It was founded in 1975 in response to the Vietnam War. The Center describes its mission as "promoting a U.S...
and a senior scholar of the Woodrow Wilson International, called it Obama's first foreign policy mistake. In an editorial, The Australian
The Australian
The Australian is a broadsheet newspaper published in Australia from Monday to Saturday each week since 14 July 1964. The editor in chief is Chris Mitchell, the editor is Clive Mathieson and the 'editor-at-large' is Paul Kelly....
called Obama's idea to appoint a presidential negotiator "a very stupid and dangerous move indeed". In an editorial in Forbes
Forbes
Forbes is an American publishing and media company. Its flagship publication, the Forbes magazine, is published biweekly. Its primary competitors in the national business magazine category are Fortune, which is also published biweekly, and Business Week...
, Reihan Salam
Reihan Salam
Reihan Morshed Salam is an American non-fiction writer and policy analyst. He is a columnist for The Daily and lead writer of National Reviews "The Agenda" blog, as well as a policy adviser at e21 and a contributing editor at National Affairs...
, associate editor for The Atlantic, noted "The smartest thing President Obama could do on Kashmir is probably nothing. We have to hope that India and Pakistan can work out their differences on Kashmir on their own". The Boston Globe
The Boston Globe
The Boston Globe is an American daily newspaper based in Boston, Massachusetts. The Boston Globe has been owned by The New York Times Company since 1993...
called the idea of appointing Bill Clinton as an envoy to Kashmir "a mistake". President Obama appointed Richard Holbrooke
Richard Holbrooke
Richard Charles Albert Holbrooke was an American diplomat, magazine editor, author, professor, Peace Corps official, and investment banker....
as special envoy to Pakistan and Afghanistan. President Asif Ali Zardari
Asif Ali Zardari
Asif Ali Zardari is the 11th and current President of Pakistan and the Co-Chairman of the ruling Pakistan Peoples Party . He is also the widower of Benazir Bhutto, who served two nonconsecutive terms as Prime Minister....
hoped that Holbrooke would help mediate to resolve the Kashmir issue. Subsequently Kashmir was removed from the mandate of Holbrooke. "Eliminating ... Kashmir from his job description ... is seen as a significant diplomatic concession to India that reflects increasingly warm ties between the country and the United States," The Washington Post
The Washington Post
The Washington Post is Washington, D.C.'s largest newspaper and its oldest still-existing paper, founded in 1877. Located in the capital of the United States, The Post has a particular emphasis on national politics. D.C., Maryland, and Virginia editions are printed for daily circulation...
noted in a report. Brajesh Mishra, India's former national security adviser, was quoted in the same report as saying that "No matter what government is in place, India is not going to relinquish control of Jammu and Kashmir". "That is written in stone and cannot be changed." According to The Financial Times, India has warned Obama that he risks "barking up the wrong tree" if he seeks to broker a settlement between Pakistan and India over Kashmir.
In July 2009, U.S. Assistant Secretary of State Robert O. Blake, Jr.
Robert O. Blake, Jr.
Robert Orris Blake, Jr., is a career diplomat and current Assistant Secretary of State for South and Central Asian Affairs and former United States Ambassador to Sri Lanka and the Maldives. He is the son of Robert O. Blake, retired U.S...
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. According to Dawn
Dawn (newspaper)
Dawn is Pakistan's oldest and most widely read English-language newspaper. One of the country's two largest English-language dailies, it is the flagship of the Dawn Group of Newspapers, published by Pakistan Herald Publications, which also owns the Herald, a magazine, the evening paper The Star and...
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.
See also
- History of Jammu and KashmirHistory of Jammu and KashmirThis article covers the history of Kashmir from earliest recorded times to the present day.-Etymology:According to folk etymology, the name "Kashmir" means "desiccated land"...
- Indo-Pakistani WarsIndo-Pakistani WarsSince the partition of British India in 1947 and creation of India and Pakistan, the two South Asian countries have been involved in four wars, including one undeclared war, as well as many border skirmishes and military stand-offs...
- BalochistanBalochistanBalochistan or Baluchistan is a region which covers parts of Afghanistan, Iran and Pakistan. It can also refer to one of several modern and historical territories within that region:...
- Islamic terrorism
Further reading
- Drew, Federic. 1877. The Northern Barrier of India: a popular account of the Jammoo and Kashmir Territories with Illustrations.&;#8221; 1st edition: Edward Stanford, London. Reprint: Light & Life Publishers, Jammu. 1971.
- Dr. Ijaz Hussain, 1998, Kashmir Dispute: An International Law Perspective, National Institute of Pakistan Studies
- Alastair Lamb, Kashmir: A Disputed Legacy 1846–1990 (Hertingfordbury, Herts: Roxford Books, 1991)
- Kashmir Study Group, 1947–1997, the Kashmir dispute at fifty : charting paths to peace (New York, 1997)
- Jaspreet Singh, Seventeen Tomatoes– an unprecedented look inside the world of an army camp in Kashmir (Vehicle Press; Montreal, Canada, 2004)
- Navnita Behera, State, identity and violence : Jammu, Kashmir and Ladakh (New Delhi: Manohar, 2000)
- Sumit Ganguly, The Crisis in Kashmir (Washington, D.C.: Woodrow Wilson Center Press; Cambridge : Cambridge U.P., 1997)
- Sumantra BoseSumantra BoseSumantra Bose is Professor of International and Comparative Politics at the London School of Economics. He specialises in the study of ethnic and national conflicts and their management, with a particular focus on the Indian subcontinent and the former Yugoslavia...
, The challenge in Kashmir : democracy, self-determination and a just peace (New Delhi: Sage, 1997) - Robert Johnson, A Region in Turmoil (London and New York, Reaktion, 2005)
- Hans KöchlerHans KöchlerHans Köchler is a professor of philosophy at the University of Innsbruck, Austria, and president of the International Progress Organization, a non-governmental organization in consultative status with the United Nations...
, The Kashmir Problem between Law and Realpolitik. Reflections on a Negotiated Settlement. Keynote speech delivered at the "Global Discourse on Kashmir 2008." European ParliamentEuropean ParliamentThe European Parliament is the directly elected parliamentary institution of the European Union . Together with the Council of the European Union and the Commission, it exercises the legislative function of the EU and it has been described as one of the most powerful legislatures in the world...
, Brussels, 1 April 2008. - Prem Shankar Jha, Kashmir, 1947: rival versions of history (New Delhi : Oxford University Press, 1996)
- Manoj Joshi, The Lost Rebellion (New Delhi: Penguin India, 1999)
- Alexander Evans, "Why Peace Won't Come to Kashmir", Current History (Vol 100, No 645) April 2001 p170-175.
- Younghusband, Francis and Molyneux, E. 1917. Kashmir. A. & C. Black, London.
- Victoria Schofield, Kashmir in Conflict I.B. Tauris, London.
- Victoria Schofield, Kashmir in the Crossfire, I.B. Tauris, London.
- Andrew Whitehead, A Mission in Kashmir, Penguin India, 2007
- Muhammad Ayub, An Army; Its Role & Rule (A History of the Pakistan Army from Independence to Kargil 1947–1999). Rosedog Books, Pittsburgh, Pennsylvania USA. 2005. ISBN 0-8059-9594-3
- Kashmir Conflict, Homepage Washington Post.
External links
- The Future of Kashmir, Matthew A. Rosenstein et al., ACDIS Swords and Ploughshares 16:1 (winter 2007-8), Program in Arms Control, Disarmament, and International Security (ACDIS) at the University of Illinois at Urbana-Champaign.
- Centre for Contemporary Conflict on Kargil War
- BBC articles on Kashmir
- Recent Kashmir developments
- The Political Economy of the Kashmir Conflict U.S. Institute of Peace Report, June 2004
- The Kashmir dispute-cause or symptom?
- LoC-Line of Control situation in Kashmir
- An outline of the history of Kashmir
- News Coverage of Kashmir
- Accession Document
- Conflict in Kashmir: Selected Internet Resources by the Library, University of California, Berkeley, USA; University of California at Berkeley Library Bibliographies and Web-Bibliographies list
- Timeline since April 2003
- Kashmir resolution of the European Parliament, 24 May 2007