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The disputed areas of the region of Kashmir. India claims the entire erstwhile princely state of Jammu and Kashmir based on an
instrument of accession signed in 1947. Pakistan claims all areas of the erstwhile state except for those claimed by China. China claims the
Shaksam Valley and
Aksai Chin.
India's
official position is that Kashmir is an integral part of India.
Pakistan's official position is that Kashmir is a disputed territory
whose final status must be determined by the people of Kashmir. China's
official position is that Aksai Chin is a part of Tibet, which is a part
of China. Certain Kashmiri independence groups believe that Kashmir
should be independent of both India and Pakistan.
Since
after 1987 disputed rigged State elections resulted in some of the
'states legislative assembly' 'formed militant wings' later on after the
election forming and creating the catalyst for the insurgency,
[1][2][3]; the Indian-administered
Jammu and Kashmir has been in stife from the confrontation between the
Indian Armed Forces,
militants and separatists. Furthermore, India alleges these militants
are supported by Pakistan. This turmoil in Jammu and Kashmir has
resulted in thousands of deaths.
[4], however the insurgency over the past two decades has died down according to the Indian government.
[5][6] On
the other hand, there has been protest movements in Indian Administered
Kashmir since 1989. The movement was created for the same reason as the
insurgency; the disputed rigged elections in 1987, Kashmir dispute and
grievances with the Indian government specifically the Indian Military.
[5][6] However
elections held in 2008 were widely regarded as free and fair, had a
high voter turnout in spite of calls by militants for a boycott and led
to pro India
Jammu & Kashmir National Conference forming the government in the state.
[7][8] 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.
[9]
A 2001 report 'Pakistan's Role in the Kashmir Insurgency' of US
Think tank RAND corporation
noted that 'More intrinsically, 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
Punjab (Pakistan)[10] In
2010 with the support of its intelligence agencies Pakistan has been
once again 'boosting' Kashmir militants and recruitment of 'martyrs' in
Pakistani state of
Punjab has increased.
[11][12]
Timeline
Partition and dispute
From 1820 until the
Partition of India in 1947, Kashmir was governed by the
Maharaja of Kashmir who
were Hindu, although the majority of the population were Muslim, except
in the Jammu region. On partition Pakistan expected Kashmir to be
annexed to it.
In October 1947, a Muslim revolution in western Kashmir
[14] and also 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 that was accepted by the
Government of Indiaon 27 October 1947.
[15]
Indo-Pakistani War of 1947
There was a Muslim revolution in western Kashmir
[14] and also the
irregular Pakistani tribals made rapid advances into
Kashmir (
Baramullasector)
after the rumours that the Maharaja was going to decide for the union
with India. Maharaja Hari Singh of Kashmir asked the
Government of India to intervene. However, the
Government of India pointed out that India and Pakistan had signed an agreement of non-intervention (maintenance of the
status quo) in
Jammu and Kashmir;
and although tribal fighters from Pakistan had entered Jammu and
Kashmir, there was, until then, no iron-clad legal evidence to
unequivocally prove that the
Government of Pakistan was
officially involved. It would have been illegal for India to
unilaterally intervene (in an open, official capacity) unless Jammu and
Kashmir officially joined the
Union of India, at which point it would be possible to send in its forces and occupy the remaining parts.
The Maharaja desperately needed the
Indian military's help when the Pathan tribals reached the outskirts of
Srinagar. Before their arrival into
Srinagar, India argues that Maharaja
Hari Singh completed
negotiations for acceding Jammu and Kashmir to India in exchange for
receiving military aid. The agreement which ceded Jammu and Kashmir to
India was signed by the Maharaja and
Lord Mountbatten of Burma.
[8]
The resulting war over Kashmir, the
First Kashmir War, lasted until 1948, when India moved the issue to the
UN Security Council.
The UN previously had passed resolutions setting up for the monitoring
of the conflict in Kashmir. The committee it set up was called the
United Nations Committee for India and Pakistan. Following the set up of the UNCIP the UN Security Council passed
Resolution 47 on
21 April 1948. The resolution imposed that an immediate cease-fire take
place and said that Pakistan should withdraw all presence and had no
say in Jammu and Kashmir politics. It stated that India should retain a
minimum military presence and stated "that the final disposition of the
State of Jammu and Kashmir will be made in accordance with the will of
the people expressed through the democratic method of a free and
impartial
plebiscite conducted under the auspices of the United Nations". The cease fire took place on 31 December 1948.
At
that time, the Indian and Pakistani governments agreed to hold the
plebiscite but Pakistan did not withdraw its troops from Kashmir thus
violating the condition for holding the plebiscite.
[16] Over the next several years, the
UN Security Council passed
four new resolutions, revising the terms of Resolution 47 to include a
synchronous withdrawal of both Indian and Pakistani troops from the
region, per the recommendations of
General Andrew McNaughton.
To this end, UN arbitrators put forward 11 different proposals for the
demilitarization of the region - every one of which was accepted by
Pakistan, but rejected by the Indian government.
[17] The resolutions were passed by
United Nations Security Council under
Chapter VI of the United Nations Charter.
[18] Resolutions
passed under Chapter VI of UN charter are considered non binding and
have no mandatory enforceability as opposed to the resolutions passed
under Chapter VII.
[19]
Sino-Indian War
In 1962, troops from the
People's Republic of China and
India clashed in territory claimed by both. China won a swift victory
in the war, resulting in the Chinese administration of the region
called
Aksai Chin, which continues to date. In addition to these lands, another smaller area, the
Trans-Karakoram, was demarcated as the
Line of Control (LOC)
between China and Pakistan, although parts on the Chinese side are
claimed by India to be parts of Kashmir. The line that separates India
from China in this region is known as the
Line of Actual Control.
[20]
1965 and 1971 wars
In 1965 and 1971, heavy fighting again broke out between India and Pakistan. The
Indo-Pakistani War of 1971 resulted in the defeat of Pakistan and Pakistan Military's surrender in
East Pakistan (
Bangladesh). The
Simla Agreement was
signed in 1972 between India and Pakistan. By this treaty, both
countries agreed to settle all issues by peaceful means and mutual
discussions in the framework of the UN Charter.
Militancy
In
1989, a widespread armed insurgency started in Kashmir, Since after
1987 disputed rigged Sate elections resulted in some of the 'states
legislative assembly' 'formed militant wings' later on after the
election forming and creating the catalyst for the insurgency which
continues to this day furthermore 'in part' fueled by Afghan Mujahadeen
in 1989
Timeline of the conflict. India contends that this was largely started by the large number of Afghan
mujahideen who entered the Kashmir valley following the end of the
Soviet-Afghan War,
though Pakistan and Kashmiri nationalists argue that Afghan mujahideen
did not leave Afghanistan in large numbers until 1992, three years after
the insurgency began.
[21] Yasin Malik, a leader of one faction of the
Jammu Kashmir Liberation Front,along
with Ashfaq Majid Wani and Farooq Ahmad Dar alias Bitta Karatay, was
one of the Kashmiris to organize militancy in Kashmir. However since
1995, Malik has renounced the use of violence and calls for strictly
peaceful methods to resolve the dispute. He developed differences with
one of the senior leader Farooq Papa for shunning the demand for
independent Kashmir and trying to cut a deal with Indian Prime Minister
resulting in spilt in which Bitta Karatay, Salim Nanhaji and other
senior comrades joined Farooq Papa.
[22][23] Pakistan claims
these insurgents are Jammu and Kashmir citizens, and they are rising up
against the Indian Army in an independence movement. It also says the
Indian Army is committing serious human rights violations to the
citizens of Jammu and Kashmir. It denies that it is giving armed help to
the insurgents.
India
claims these insurgents are Islamic terrorist groups from
Pakistan-administered Kashmir and Afghanistan, fighting to make Jammu
and Kashmir part of Pakistan.
[24] It
believes Pakistan is giving armed help to the terrorists, and training
them in Pakistan. It also says the terrorists have been killing many
citizens in Kashmir, and committing human rights violations, while
denying that its own armed forces are responsible for the human rights
abuses. On a visit to Pakistan in 2006 current Chief Minister of
Kashmir
Omar Abdullah remarked
that foreign militants, who had nothing to do with Kashmir, were
engaged in reckless killings and mayhem in the name of religion.
[25] Indian government has said militancy is now on the decline.
[6]
The
Pakistani government calls these insurgents, "Kashmiri freedom
fighters", and claims that it gives only moral and diplomatic support to
these insurgents, though India
[26] 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,
[27] these
comments by Zardari sparked outrage amongs many Kashmiris, some of whom
defied a curfew by the Indian army to burn his effigy.
[28]
The
peacful protest movement has been a 'purely indigenous, purely
Kashmiri'(Quoted by Washington post from Mirwaiz Farooq a Kashmiri party
leader) 'Gandhi style' (stated by Wall Street Journal) peaceful protest
movement in Indian Administered Kashmir since 1989. The movement was
created for the same reason as the insurgency ;the disputed rigged
elections in 1987 ,Kashmir dispute and grievances with the Indian
government specifically the Indian Military that has committed human
rights violations .This reinforced by the United Nations that has said
India has committed Human rights violations .
[5][6][29]
Al-Qaeda Involvement
In a 'Letter to American People' written by
Osama bin Laden in 2002 he stated that one of the reasons he was fighting America is because of her support to India on the Kashmir issue.
[30][31] In 2002 U.S. Secretary of Defense
Donald Rumsfeld on a trip to Delhi suggested that Al-Qaeda was active in Kashmir though he did not have any hard evidence.
[32][33] 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[34] In 2002 a special team of
Special Air Service and
Delta Force was sent into
Indian Administered Kashmir to hunt for
Osama bin Laden after reports that he was being sheltered by Kashmiri militant group
Harkat-ul-Mujahideen.
[35] U.S.
officials believe 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.
[36] The leader of the
Harkat-ul-Mujahideen a
major Kashmiri militant group, Fazlur Rehman Khalil, signed al-Qaeda's
1998 declaration of holy war, which called on Muslims to attack all
Americans and their allies.
[37] In 2006 Al-Qaeda claim they have established wing in Kashmir this has worried the Indian government.
[38] However
the 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 furthermore
he said that there is nothing that can verify reports from the media of
Al Qaeda presence in the state. He however stated that Alqaeda had
strong ties with Kashmir militant groups
Lashkar-e-Taiba and
Jaish-e-Mohammed in Pakistan.
[39] In January 2010 U.S. Defense secretary
Robert Gates while
on a visit to Pakistan stated that Al-qaeda was seeking to destabilize
the region and planning to provoke a nuclear war between India and
Pakistan.
[40]
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 overlooking the highway in Indian Kashmir, connecting
Srinagar and
Leh. By blocking the highway, they wanted to cut off the only link between the Kashmir Valley and
Ladakh. This resulted in a high-scale conflict between the
Indian Army and the Pakistan Army.
At the same time, fears of the
Kargil War turning into a
nuclear war provoked the then-
US President
Bill Clinton to
pressure Pakistan to retreat. Faced with mounting losses of personnel
and posts, Pakistan Army withdrew the remaining troops from the area
ending the conflict. India reclaimed control of the peaks which they now
patrol and monitor all year long.
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 Kashmir, which lies strategically in the Northwest of the
subcontinent, bordering
China and the former
Soviet Union, was a
princely state ruled by Maharaja Hari Singh, 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,
Hari Singh demurred. In October 1947, incursions and counter-incursions by Pakistan and India have taken place leading to a
war, as a result of which the state of
Jammu and Kashmir remains divided between the two countries.
| Administered by | Area | Population | % Muslim | % Hindu | % 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), 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 a yet another cease-fire, and peace was restored once again following the
Tashkent Declaration in 1966, by which both nations returned to their original positions along the demarcated line. After the
1971 war and the creation of independent
Bangladesh, under the terms of the 1972
Simla Agreement 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 infamous
incursions by insurgents and Pakistani armed forces at Kargil leading
to the
Kargil war. There are also sporadic clashes on the
Siachen Glacier, where the Line of Control is not demarcated and both countries maintain forces at altitudes rising to 20,000 ft (6,100 m).
Indian view
Indian viewpoint is succinctly summarized by Ministry of External affairs, Government of India
[47][48] —
- India holds that the Instrument of Accession of the State of Jammu and Kashmir to India, signed by the Maharaja Hari Singh (erstwhile
ruler of the State) on 26 October 1947, was completely valid in terms
of the Government of India Act (1935), Indian Independence Act (1947)
and international law and was total and irrevocable.[48]
- The Constituent assembly of Jammu and Kashmir had
unanimously ratified the Maharaja's Instrument of Accession to India
and had adopted a constitution for the state that called for a perpetual
merger of the state with the Union of India. India claims that this body was a representative one, and that its views were those of the Kashmiri people at the time.
- India does not accept the two-nation theory that
forms the basis of Pakistan and argues that Kashmir, despite being a
Muslim-majority state, is in many ways an "integral part" of secular
India.
- 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.[53]
Additional Indian viewpoint regarding the broader debate over the Kashmir conflict include:
- India
believes that the insurgency and terrorism in Kashmir is deliberately
being fueled by Pakistan to create instability in the region.[54]The Government of India has repeatedly asked the international community to declare Pakistan as a sponsor of terrorism.[55][56][57][58]
- Pakistan is trying to raise anti-India sentiment among the people of Kashmir by spreading false propaganda against India.[59] 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.[60]
- 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 our sovereignty, unity and integrity. Government of India
has expressed its willingness to accommodate the legitimate political
demands of the people of the state of Jammu and Kashmir.[47]
- India
points out at various reports by human rights organizations condemning
Pakistan for the lack civic liberties in Pakistan-administered Kashmir.[59][64] 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.[65]
Pakistani view
Map of Kashmir as drawn by the Government of Pakistan.
Pakistan's
claims to the disputed region are based on the rejection of Indian
claims to Kashmir, namely the Instrument of Accession. Pakistan insists
that the Maharaja was not a popular leader, and was regarded as a tyrant
by most Kashmiris, Pakistan also maintains that the Maharaja used brute
force to suppress the population.
[66] Pakistan also accuses India of hypocrisy, as it refused to recognize the accession of
Junagadh to Pakistan and
Hyderabad's
independence, on the grounds that those two states had Hindu majorities
(in fact, India occupied and forcibly integrated those two
territories).
[67] Furthermore,
as he had fled Kashmir due to Pakistani invasion, Pakistan asserts that
the Maharaja held no authority in determining Kashmir's future.
Additionally, Pakistan argues that even if the Maharaja had any
authority in determining the plight of Kashmir, he signed the Instrument
of Accession under duress, thus invalidating the legitimacy of his
actions.
Pakistan
also claims that Indian forces were in Kashmir before the Instrument of
Accession was signed with India, and that therefore Indian troops were
in Kashmir in violation of the
Standstill Agreement,
which was designed to maintain the status quo in Kashmir (although
India was not signatory to the Agreement, signed between Pakistan and
the Hindu ruler of Jammu and Kashmir).
[68][69]
From 1990 to 1999 some organizations report that
Indian Armed Forces,
its paramilitary groups, and counter-insurgent militias have been
responsible for the deaths 4,501 of Kashmiri civilians. Also from 1990
to 1999, there are records of 4,242 women between the ages of 7-70 that
have been raped.
[70][71] Similar allegations were also made by some human rights organizations.
[72]
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 either Kashmir wants to be with Pakistan or independent.[73]
- According to the two-nation theory which
is one of the theories that is cited for the partition that created
India and Pakistan, Kashmir should have been with Pakistan, because it
has a Muslim majority.
- India has
shown disregard to the resolutions of the UN Security Council, and the
United Nations Commission in India and Pakistan by failing to hold a
plebiscite to determine the future allegiance of the entire state.[74]
- The Kashmiri people have now been forced by the circumstances to rise against the alleged repression of the Indian army and
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 show a large number of people
showing increased anger over Indian rule with massive rallies taking
place to oppose Indian control of the state.[75]
- Pakistan also points to the violence that accompanies elections in Indian Kashmir[76] and the anti Indian sentiments expressed by some people in the state.[77]
- Pakistan has noted the wide spread 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 fake encounters are common place in
Indian-administered Kashmir and the perpetrators are spared criminal
prosecution. These fake encounters go largely uninvestigated by the
authorities.[78][79]
- Pakistan
points towards reports from the United Nations which condemn India for
its human rights violations against Kashmiri people.[29]
- Pakistan President Asif Ali Zardari stated
in October 2008 that Kashmiri 'freedom fighters' were terrorists.
However his remarks met with widespread condemnation across Pakistan and
Kashmir, including prominent politicians.[80]
- The Chenab formula - This was proposed in 1960's, in which Kashmir valley and other Muslim dominated areas north of Chenab river will go to Pakistan, and Jammu and other Hindu dominated region will go to India.[81]
- Pakistan points towards the numerous Human rights violations which occur within Indian-administered Kashmir and
the many reports by Human rights organization strongly condemning
Indian troops for widespread rape and murder of innocent civilians
accusing these civilians of being killed in encounters [82][83][84]
Chinese view
- Chinese never accepted the British negotiated boundary in the north east area of the princely state of Kashmir (Aksai Chin).[14]
- The Chinese settled their border disputes in the region with Pakistan in 1963.[85]
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 Glacier is a part of this difficult-to-man boundary. Even with 200,000 military personnel,
[86] 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
[87] after intense pressure from the Bush administration in mid 2002.
Water dispute
Another reason behind the dispute over Kashmir is water. Kashmir is the origin point for many rivers and
tributaries of the
Indus River basin. They include
Jhelum and
Chenab which primarily flow into Pakistan while other branches - the
Ravi,
Beas and the
Sutlej irrigate
northern India. Pakistan has been apprehensive that in a dire need,
India (under whose portion of Kashmir lies the origins and passage of
the said rivers) would use its strategic advantage and withhold the flow
and thus choke the agrarian economy of Pakistan. The Boundary Award of
1947 meant that the headwaters of Pakistani irrigation systems were in
Indian Territory. The
Indus Waters Treaty signed
in 1960 resolved most of these disputes over the sharing of water,
calling for mutual cooperation in this regard. But this treaty faced
issues raised by Pakistan over the construction of dams on the Indian
side which limit water to the Pakistani side.
Human rights abuse
Indian administered Kashmir
In
Jammu and Kashmir,
India, the violent Islamic insurgency has specifically targeted the Hindu
Kashmiri Pandit minority, violated their
human rights and 400,000 have either been murdered or displaced.
[88] US Congressman
Frank Pallone stated "The conflict in Kashmir cannot be separated from the global
war against terrorism, over the past fifteen years militant forces, including elements of
Al-Qaeda and the
Taliban, have used violence against the Kashmiri Pandits in an effort to institute Islamic rule in this region".
[88] However
the 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
Jammu and Kashmir furthermore he said that there is nothing that can verify reports from the media of Al Qaeda presence in the state.
[89] This violence been condemned and labeled as
ethnic cleansing in a 2006 resolution passed by the
United States Congress.
[90] Also in 2009
Oregon Legislative Assembly passed
a resolution to recognize 14 September 2007, as Martyrs Day to
acknowledge ethnic cleansing and campaigns of terror inflicted on
non-Muslim minorities of
Jammu and Kashmir by militants seeking to establish an
Islamic state.
[91] On the other hand the CIA reported about 300,000 Hindus in
Indian Administered Kashmir valley are internally displaced due to militancy
[92] and
about 100,000-50,000 Kashmiri Muslim refugees because of Islamic
militants atrocities and Islamic militants fighting with Indian army.
[93] UNHCR
reported that there are roughly 1.5 million Refugees from
Indian-administered Kashmir in Pakistan administered Kashmir and
Pakistan.
[94]
Claims
of human rights abuses have been made against the Indian Armed Forces
and the armed militants operating in Jammu and Kashmir.
[95] 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.
[96] Some
surveys have found that in the Kashmir region itself (where the bulk of
separatist and Indian military activity is concentrated), popular
perception holds that the
Indian Armed Forces are
more to blame for human rights violations than the separatist groups.
According to the MORI survey of 2002, in Kashmir only 2% of respondents
believed that the militant groups were guilty of widespread human rights
abuses, while 64% believed that Indian troops were guilty of the same.
This trend was reversed however in other parts of the state.
[97] Off late
Amnesty International has
called on India to "unequivocally condemn enforced disappearances" and
to ensure that impartial investigation is conducted on reality of mass
graves in its controlled Kashmir region. As the Indian state police
confirms as many as 331 deaths while in custody and 111 enforced
disappearances since 1989.
[98] [99][100] .
[101].Amnesty
again criticise Indian Military in an incident on 22 April, 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 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.
[102]
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.".
[29] 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."
[103] 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."
[104] In
addition to this, there have been claims of disappearances by the
police or the army in Kashmir by several human rights organizations.
[105][106] Jammu and Kashmir Public Safety Act, 1978:
[107][108] Human rights organizations have also asked Indian government to repeal
[109] the
Public Safety Act, since "a detainee may be held in administrative
detention for a maximum of two years without a court order.".
[99]
A soldier guards the roadside checkpoint outside Srinagar International Airport in January 2009.
Many human rights organizations such as
Amnesty International and the
Human Rights Watch(HRW)
have condemned human rights abuses in Kashmir by Indians such as
"extra-judicial executions", "disappearances", and torture;
[100] the
"Armed Forces Special Powers Act", which "provides impunity for human
rights abuses and fuels cycles of violence. The Armed Forces Special
Powers Act (AFSPA) 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
[109] the
Public Safety Act, since "a detainee may be held in administrative
detention for a maximum of two years without a court order.".
[99] A 2008 report by the United Nations High Commissioner for Refugees determined that
Indian Administered Kashmir, was only 'partly Free'
[110].
Pakistan administered Kashmir
Pakistan
as an Islamic Republic imposes multiple restrictions on peoples
religious freedom in areas of Kashmir under its control.
[112] Shiasand
Ismailis are subject to discrimination and have been targets of
sectarian violence.
[112] The majority of population of Northern Areas is Shia unlike rest of Pakistan which is majority Sunni.
[113] The
constitution of Azad Kashmir specifically prohibits activities that may
be prejudicial to the states accession to Pakistan and as such
regularly suppresses demonstrations against the government.
[112] A number of Islamist militant groups operate in this area including
Al-Qaeda with tacit permission from Pakistan's intelligence.
[112] As in Indian administered Kashmir there have been allegations of Human rights abuse in
Pakistan administered Kashmir. The
Balawaristan National Fronthas stated its goal of seeking independence from Pakistan. Abdul Hamid Khan Chairman of
Balawaristan National Front states
that 'The Pakistani administration has also been involved in efforts to
alter the demographic profile of Pakistan-occupied Gilgit Baltistan,
reducing the indigenous people to a minority.' The Gilgit-Baltistan area
is administered directly by Islamabad. The population here, primarily
Shia Muslims, was brought under one federally administered territory
administered by Pakistan on 16 November 1947, in the name of Islam.'
[114] Other groups like
Gilgit-Baltistan United Movement are demanding full autonomy for the areas of
Gilgit and
Baltistan. On 8 January 2005 11 people were killed following an armed attack on a Shia leader.
[115] A 2-day conference on Gilgit Baltistan was held on April 8–9, 2008 at the European Parliament in
Brussels under the auspices of International Kashmir Alliance. Here several members of the
European Parliament(MEPs)
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 this area of northern Kashmir. Abdul
Hamid Khan, Chairman Balawaristan National Front speaking at the same
conference said "no democratically elected representative (from Gilgit
Baltistan) was included when
Karachi Agreement was signed between Pakistan and Muslim Conference leaders in 1949."
[116] According
to Shaukat Ali chairman of 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"
[116] Gilgit Baltistan region has been described a 'simmering cauldron of discontent.
[117]Continued deprivation of human rights has driven people to desperation.
[117] Many
people think that they are under the colonial rule of Pakistani
government and have boycotted independence day celebrations. Since
independence Pakistan government has made no attempts to provide basic
human rights in this region and no democratic setup exists.
[117]
A report 'Kashmir: Present Situation and Future Prospects' which was submitted to
European Parliament by
Emma Nicholson, Baroness Nicholson of Winterbourne was
severely critical of lack of human rights, justice, democracy &
Kashmiri representation in Pakistan National Assembly in Pakistan
administered Kashmir.
[118] International Crisis Group has
stated “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”.
[117] However in 2009 Pakistan government implemented autonomy package for the people from
Gilgit-Baltistan. This package was rejected as an eyewash by
Balawaristan National Front whose
spokesperson stated “It’s meant to detract the international community
from the violation of human rights in this region.”
[119] Manzoor Hussain Parwana, chairman
Gilgit-Baltistan United Movement stated
“The so-called provincial setup aims at concealing the human rights
violations and continue the colonial control over the region.”
[119] The
'first step' being an election to elect their own assembly and there
have been criticism about this move by Pakistan. Furthermore according
to Reuters U.S many of the people from the region would rather join
Pakistan as a province than integrated into Kashmir. Many people
protested the elections and some people carried banners saying
"Pakistan's expansionist designs in Gilgit-Baltistan are unacceptable"
[120] In December 2009 activists of nationalist Kashmiri groups staged a protest in
Muzaffarabad to condemn rigging of elections and 'State Terrorism" by Pakistani forces.
[121]
Map issues
As
with other disputed territories, each government issues maps depicting
their claims in Kashmir as part of their territory, regardless of actual
control. It is illegal in India to exclude all or part of Kashmir in a
map. It is also illegal in
Pakistan not to include the state of
Jammu and Kashmir as disputed territory, as permitted by the
United Nations. Non-participants often use the Line of Control and the
Line of Actual Control as the depicted boundaries, as is done in the
CIA World Factbook, and the region is often marked out in hashmarks, although the Indian government strictly opposes such practices
[citation needed]. When
Microsoft released
a map in Windows 95 and MapPoint 2002, a controversy was raised because
it did not show all of Kashmir as part of India as per Indian claim.
However, all the neutral and Pakistani companies claim to follow
UN's map and over 90% of all maps containing the territory of Kashmir show it as disputed territory.
[122]
Sources from:
UN:
The boundaries and names shown and the designations used on the map do
not imply official endorsement or acceptance by the United Nations.
Dotted line represents approximately the Line of Control of
Jammu and Kashmir agreed upon by the
Republic of India and the
Government of Pakistan since
1972. Both the parties have not yet agreed upon the final status of the
region and nothing significant has been implemented since the peace
process began in 2004.
Islamabad: The
Government of Pakistan maintains
un-provisionally and unconditionally stating that the informal
"Accession of Jammu and Kashmir" to Pakistan or even to the
Republic of Indiaremains to be decided by UN
plebiscite. It accepts
UN's map of the territory. Also the designations and the presentation of the
Kashmir's regional map based on
United Nations Organization practice, do not imply the expression of any opinion whatsoever on the part of the
Commonwealth Secretariat or the publishers concerning the legal status of any country, territory or area, or of its authorities, or concerning the
delimitation of
its frontiers or boundaries. There is no intention to define the status
Jammu and/or Kashmir, which has not yet been agreed upon by the
parties.
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-partioning
Kashmir on communal lines. The problem however is that the Population of
Pakistan Administered portion of Kashmir is both ethnically and
linguistically and culturally different from that in Kashmir Valley
India. The Azad Kashmir population being on the most part ethnic
Punjabis. Therefore a Partition on the Chenab formula is opposed by most
Kashmiri politicians from all spectrums, though some, such as Sajjad
Lone, have in recent months suggested that non-Muslim part of Jammu and
Kashmir be separated from Kashmir and handed to India. Some political
analysts say that the Pakistan terrorist state policy shift and
mellowing down of its aggressive stance may have to do with its total
failure in the
Kargil War and the subsequent
9/11 attacks that put pressure on Pakistan to alter its terrorist position.
[123] Further many neutral parties to the dispute have noted that UN resolution on Kashmir is no longer relevant.
[124] Even the
European Union has viewed that the plebiscite is not in Kashmiris' interest.
[125] The
report also notes, that the UN-laid down conditions for such a
plebiscite have not been, and can no longer be, met by Pakistan.
[126] Even the
Hurriyat Conferenceobserved in 2003, that "Plebiscite no longer an option"
[127] Besides
the popular factions that support either parties, there is a third
faction which supports independence and withdrawal of both India and
Pakistan. These have been the respective stands of the parties for long,
and there have been no significant change over the years. As a result,
all efforts to solve the conflict have been futile so far.
The
Freedom in the World 2006 report categorized the
Indian-administered Kashmir as "partly free", and
Pakistan-administered Kashmir as well as the country of
Pakistan "not free".
[128] India
claims that contrary to popular belief, a large proportion of the Jammu
and Kashmir populace wish 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.
[129] 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.
[130]
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.
Efforts to end the crisis
After
intensive diplomatic efforts by other countries, India and Pakistan
began to withdraw troops from the international border 10 June 2002, and
negotiations began again.
[citation needed] Effective
26 November 2003, India and Pakistan have agreed to maintain a
ceasefire along the undisputed International Border, the disputed Line
of Control, and the
Siachen glacier.
This is the first such "total ceasefire" declared by both nuclear
powers in nearly 15 years. In February 2004, Pakistan further increased
pressure on Pakistanis fighting in Indian-administered Kashmir to adhere
to the ceasefire. The nuclear-armed neighbours also launched several
other mutual confidence building measures. Restarting the bus service
between the Indian- and Pakistani- administered Kashmir has helped
defuse the tensions between the countries. Both India and Pakistan have
also decided to cooperate on economic fronts.
On
Dec. 5, 2006, Pakistani President Pervez Musharraf told an Indian TV
channel that Pakistan would give up its claim on Kashmir if India
accepted some of his peace proposals, including a phased withdrawal of
troops, self-governance for locals, no changes in the borders of
Kashmir, and a joint supervision mechanism involving India, Pakistan and
Kashmir, the BBC reported.
[131] Musharraf also stated that he was ready to give up the United Nations' resolutions regarding Kashmir.
[132]
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–
Indian-controlled Kashmir's seat of government– and the region's high
court. A gun battle between security forces and militants fighting
against
Indian rule
left five people dead and two others injured 23 March 2008. The battle
began when security forces raided a house on the outskirts of the
capital city of
Srinagar. The
Indian Army has
been carrying out cordon-and-search operations against militants in
Indian-administered Kashmir since the current armed violence broke out
here in 1989. While the authorities here say 43,000 persons have been
killed in the violence, various rights groups and non-governmental
organizations have put the figure at twice that number.
[133]
According
to Govt. of India Home Ministry, 2008 marks the lowest civilian
casualties in 20 years with 89 deaths, compared to highest of 1,413 in
1996.
[134] 85
security personnel died in 2008 compared to 613 in 2001, while 102
militants killed. Human right situation improved with only 1 custodial
death and no custodial disappearance.
2008 Kashmir protests
Massive demonstrations occurred after plans by the Indian-administered Jammu and Kashmir state government to
transfer 100 acres (0.40 km2) of land to a trust which runs the Hindu
Amarnath shrine in the Muslim-majority Kashmir valley.
[135] 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
[136] and at least 300 were detained.
[137] The
largest protests saw more than a half million people waving Pakistani
flags and crying for freedom at a single rally according to
Time magazine.
[138] Pro-Independent
Kashmir Leader Mirwaiz Umar Farooq warned that the peaceful uprising
could lead to violent upsurge if India's heavy-handed crackdown on
protests were not restrained.
[139] The
United Nations expressed concern on India's response to peaceful
protests and urged to investigate and bring to justice Indian security
personnel who had taken part in the crackdown.
[29]
Separatists and workers of a political party were believed to be behind
stone pelting incidents which led to retaliatory fire by the police.
[140][141] Autorickshaw laden with stones meant for distribution was seized by the police in March 2009.Furthermore, following the
unrest in 2008, which included more than 500,000 protesters at a rally on 18 August, secessionist movements gained a boost.
[142][143]
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.
[144] The National Conference party which was founded by
Sheikh Abdullah and regarded as pro
India emerged with maximum seats and will form government in coalition with
Indian National Congress.
[145]
2008 marks the lowest civilian casualties in 20 years with 89 deaths, compared to highest of 1,413 in 1996.
[146] 85
security personnel died in 2008 compared to 613 in 2001, while 102
militants were killed. Many analysts say Pakistan's preoccupation with
jihadis within its own borders explains the relative calm.
[147]
2008 marked the greatest number of anti India protests since 1980 due to the
Amarnath land transfer controversy with several hundred thousand protesters spilling out onto the streets of
Indian-administered Kashmir demanding
freedom from India the protests were suppressed by the Indian army with
attacks on protesters leading to the deaths of 40 unarmed civilians.
[148] However
the elections which were held subsequently led to almost half of the
Kashmiris ignoring the boycott call by separatists and voting Pro
India party
National Conference into power.Separatists insist that this was so
because people were looking towards their well being and voting for
whatever could get them 'bread and clothing',and the turnout did not
necessarily reflect the feelings of the Kashmiris towards India.On 30
December Congress and the National Conference agreed to form a coalition
government, with
Omar Abdullah as Chief Minister.
[149] On 5 January 2009
Omar Abdullahwas sworn in as 11th Chief Minister of
Jammu and Kashmir.
[150] In March 2009
Omar Abdullah stated that only 800 militants were active in the state and out of these only 30% were Kashmiris.
[151]
Obama on Kashmir Conflict
In an interview with Joe Klien of Time magazine in October 2008
Barack Obama expressed his intention to try to work with India and Pakistan to resolve this crisis in a serious way.
[152] He said he had talked to
Bill Clinton about it ( being a mediator). In an editorial in
The Washington Times, Selig S Harrison,
[153] director of 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.
[154] The Australian in an editorial called Obama's Idea to appoint a presidential negotiator "a very stupid and dangerous move indeed"
[155] 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".
[156] The Boston Globe in an editorial called the idea of appointing Bill Clinton as an envoy to Kashmir "a mistake".
[157] India
has long regarded Kashmir as an Integral part of India and resisted
outside intervention considering Kashmir to be an integral part of India
and the conflict a bilateral matter between India and Pakistan.
President Obama appointed
Richard Holbrooke as special envoy to Pakistan and Afghanistan.
[158] President
Asif Ali Zardari had hoped that Holbrooke would help mediate to resolve Kashmir issue.
[159] Subsequently Kashmir was removed from the mandate of
Richard Holbrooke .
[160] “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.
[161] Brajesh
Mishra, India's former national security adviser, was quoted in the
same report as saying in reference to the territory's
Indian-administered sector "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."
[162] According to
The Financial Times India
has warned US President Barack Obama that he risks “barking up the
wrong tree” if he seeks to broker a settlement between Pakistan and
India over the disputed territory of Kashmir.
[163]
In July 2009 US Assistant Secretary of State
Robert O. Blake, Jr. stated
categorically that United States had no plans of appointing any special
envoy to settle the long standing dispute of Kashmir between India and
Pakistan calling it an issue which needs to be sorted out bilaterally by
the two neighboring states.
[164] According to
Dawn in
Pakistan this will be interpreted as an endorsement of India’s position
on Kashmir that no outside power has any role in this dispute.
[165]
See also
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 Bose, 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 Köchler, The Kashmir Problem between Law and Realpolitik. Reflections on a Negotiated Settlement. Keynote speech delivered at the "Global Discourse on Kashmir 2008." European Parliament, 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,pennsylvnia
USA.2005.ISBN 0-8059-9594-3
- Kashmir Conflict, Homepage Washington Post.
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