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| Map of Jammu & Kashmir |
Why is it in the news?
1. The foreign minister of India said in London recently that Pakistan vacating POK would resolve the Kashmir issue in its entirety.
2. He further added that removal of article 370 was number one step for the resolution of the Kashmir issue, followed by restoring growth and economic activity and social justice. Holding assembly elections with a very high turnout further eased tension in Kashmir Valley. He said that return of the stolen part of Kashmir would solve the Kashmir issue.
Genesis of Kashmir Disputes
1. During British rule, there were two kinds of states. There were states which were directly controlled by the Company and later on by the British Crown.
2. There were other kinds of states which were called princely states. These states had restricted autonomy in their internal affairs. They were protected by the British Paramountcy in matters relating to defence, foreign policy and communication.
3. There were 60% lands under directly ruled British areas with the population of 70% while princely states had 40% lands under their control with 30% of the population.
4. After independence, the British paramountcy ceased to exist over the princely states. These states were free to get merged either with Pakistan or India on the basis of contiguity or can remain independent sovereign states.
5. Almost all princely states merged either with India or Pakistan except Junagarh, Hyderabad and Jammu & Kashmir.
6. The state of Kashmir was ruled by a Hindu King called Hari Singh with 75% of the population constituting Muslims. The king decided to stay out of both India and Pakistan. The Indian political leaders took no steps to obtain Kashmir accession into India and left it to the people of Jammu & Kashmir to decide whether they want to link their fate with India or Pakistan.
7. After the onset of the winter season, the tribal militia supported by the Pakistani army raided the territory of Jammu & Kashmir. They captured Muzaffarabad, Gilgit, Baltistan and Mirpur. They were about to reach Srinagar. The royal army was no match to the invaders. The king fled to Jammu and solicited military intervention. The stand of the Government of India was that as long as Jammu & Kashmir is an independent state, the deployment of the Indian army would amount to the breach of international law. Thus, the Government of India insisted upon the king to sign over the annexation of J & K with the Indian Union before the Indian army could be deployed in the valley.
8. The Maharaja signed over the instrument of annexation on 26th October, 1947 and so the Indian Army was sent through air. About 100 aeroplanes were pressed into service. The army flushed out the incursers/ invaders. The war went on for nearly one and half years. The Government of India approached the UN. According to the UN mediated peace formula, a ceasefire was announced on the 1st January 1949 with a line of actual control dividing Jammu & Kashmir between POK and the Indian part of Jammu & Kashmir. According to the UN formula, the plebiscite was to be held in Jammu & Kashmir after the withdrawal of the Pakistani Army from occupied areas of J & K. But Pakistan did not abide by the formula. It did not withdraw its army from occupied areas and so no plebiscite could be held in J & K. After the 1965 war with Pakistan, India changed its stand. It contended that the people of J & K had elected their governments several times. They had their own separate constitution and provisions for safeguards to indigenous people.
In 2019, the BJP Government removed the special power of J & K under article 370 of the Indian constitution. The state was downgraded to the union territory of J & K and Ladakh. While J & K would have a state assembly headed by lieutenant Governor and Chief Minister, Ladakh would have no legislative assembly. It would be run by an administrator appointed by the President of India.
Pakistan declared the revocation of article 370 as the violation of UN resolution and so it downgraded diplomatic ties with India. It internationalised the issue by raising it at the UN, OIC and with China. It supported protests and separatists groups in Kashmir.
As of now, 30% of the territory of the undivided Jammu & Kashmir with 30% of the area are under Pakistan. The remaining 55% of the undivided Jammu & Kashmir with 70% population are under Indian union. The remaining 15% uninhabited land of Aksai Chin was captured by China during the Indo-China war in 1962.
India’s stand on J & K
1. India stands for undivided J & K as its integral part. It considers POK including Gilgit Baltistan as illegally occupied by Pakistan. It maintains that Jammu & Kashmir is an internal matter of India and there is no scope for third party involvement. India contends that the Kashmir disputes can be resolved through bilaterally. It converted a ceasefire line into the line of control.
Pakistan’s stand on J & K
1. On the other hand, Pakistan claims J & K as its own territory because it is a Muslim majority state and so, according to two nation theory. It should have been part of Pakistan.
2. It considers the instrument of accession by the king into the Indian Union as illegitimate and contends that it was signed over under the Indian military pressure. It demands UN supervised plebiscites based on the UN resolution of 1948.
3. Both countries fought three Wars over J & K in 1947, in 1965 and in 1999. The Pakistani army infiltrated into Kargil but they were flushed out by the Indian army.
China’s stand on J & K
1. China does not recognise the MacMohan line between India and China. In 1950, it captured Tibet forcefully and laid claim over Aksai Chin. In 1962, it captured about 15% land of undivided J & K called Aksai Chin. It constructed roads linking Xing Ziang province to Tibet through Karakoram which passes through Aksai Chin areas.
2.In 2020, there occurred skirmishes between Chinese and Indian forces leading to the death of 20 Indian soldiers as well as an uncertain numbers of Chinese soldiers.
Solutions
1. Noted scholar Istiaq Ahmad opined that both India and Pakistan should end disputes over J & K by recognising Line of Actual Control as international border. He wants that there should be free flow of goods and services between India and Pakistan so that both countries would benefit. Moreover, Pakistan should give a transit route to India so that it can trade with central Asian countries like Afghanistan, Kazakhstan, Turkmenistan, Uzbekistan and others. Pakistan would be benefited by the transit fees.
2. Pakistan should stop exporting terrorists activities into the valley. Both countries should start negotiating with each other on the basis of the Shimla agreement (1972) and the Lahore declaration.
3. Pakistan should take strict action against terrorist outfits like Lashkar- e- Taiba (LeT) and Jaish-e-Mohammad (JeS).
4. Both countries should have cross border trades, cultural exchanges and demilitarisation of border areas.
5. There should be efforts to de-radicalise the Kashmiri Youths influenced by extremist ideology.
6. There should be efforts to attract foreign direct investment in Kashmir. Infrastructure should be strengthened in order to integrate Jammu & Kashmir with India’s economic mainstream.
7. Efforts should be made for the safe return of Kashmiri Pandit by providing security guarantees.
8. Encouragement to people to people contact would help in normalising relations between India and Pakistan.
9. Restoration of a statehood would heal the emotional fractures of the people of J & K.
10. Economic growth and employment opportunities to the Kashmiri Youths would further help in integrating them with the mainstream of India.
11. Efforts should be made to conduct elections at Panchayat level so that grassroot democracy is strengthened.
Conclusion
1. Both India and Pakistan fought four wars against each other. Both countries are developing countries. Their per capita income is very low when compared with developed countries of the world.
2. It would not be prudent to spend so much on military weapons when the majority of both the countries are struggling to eke out their livelihoods. Both countries have been engaged over Kashmir disputes for the last 75 years. Pakistan has been waging warfare against India through non-state actors who have been trained in Pak Occupied Kashmir.
3. Both countries should sit together and resolve the disputes amicably without the interference of third power. The Line of Actual Control should be converted into an international border between India and Pakistan. Bilateral trade and people to people contact should be started for the normalisation of relation between two countries. Similarly, India and China should have an amicable settlement over the border so that a Galwan like situation does not happen again.
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