| Kashmir | | | | which is 60% Buddhist (Bose S, 2005). These linguistic |
| The valley of Kashmir, famed for its beauty and | | | | and religious divisions have played a major role in the |
| tranquility, becomes a major flashpoint, threatening | | | | conflict with the pattern of being an important |
| the stability of a region of great strategic importance | | | | indicator The violence and the causalities are the |
| to pose a nuclear threat for the entire world | | | | maximum in the districts of the Kashmir Valley and |
| (Schofield V). This paper examines the Kashmir | | | | some borders areas of Jammu whereas most of the |
| conflict, the peoples fight for self-determination and | | | | plain areas and Hindu majority areas of Jammu are |
| ways to solve the protracted conflict. Pakistan has | | | | unaffected by the conflict (Fourth World Bulletin). |
| long claimed Kashmir on account of its largely Muslim | | | | Many agree that the will of Kashmiri Muslims who |
| population, while India has affirmed its legal | | | | comprise the vast majority about 90% of |
| possession of the territory since 1947. Kashmir is | | | | Kashmir’s population has been denied rights by |
| thus a bone of contention between India and | | | | the Hindu state of India (World Fourth Bulletin). |
| Pakistan. The genesis of this crisis lies in the fact that | | | | Others view that indigenous peoples have been |
| when in 1947 British India was divided, Muslim | | | | caught in the cross-fire between India and Pakistan |
| majority areas went to Pakistan, and Hindu majority | | | | and between Hindus and Muslims. The Hindu Pandits |
| areas to India. The state of Jammu and Kashmir was | | | | and the Ladakhis who are Tibetan Mahayana Buddhist |
| one of 584 princely states of British India, with a | | | | people are trying to retain their ancient culture and |
| Muslim majority, ruled by a Hindu Maharaja. | | | | also regain some control of the remote, rugged |
| Demography | | | | plateau they call as ‘home’. The Panun |
| Kashmir holds a strategic position in Asia as it is | | | | (“our own”) Kashmir is an organization began |
| surrounded by key countries like Pakistan, | | | | in 1991 with 1,200 Pandits in Jammu (Fourth World |
| Afghanistan and China. It is 86,000 sq miles (Ganguly | | | | Bulletin). They are demanding Union territory status |
| S, 1997). 'Kashmiri' is a wide term applied for several | | | | and they blame Pakistan for waging a proxy war by |
| streams of immigrants mainly from Turkey, Iran, | | | | supplying the Islamic terrorists with weapons and |
| Central Asia and Afghanistan, and settled in the | | | | persuading the Kashmiri Muslims to join in the violence. |
| valley. The various ethnic groups of the Jammu and | | | | On January 19, 1990, the central government |
| Kashmir state are Dards who occupy the valley of | | | | imposed direct rule on the state. From the outset, |
| Gurez, Hanjis confined to water bodies of Kashmir; | | | | the Indian government's campaign against the |
| Gujjars and Bakarwals living and oscillating in the Kandi | | | | militants was marked by widespread human rights |
| areas; Dogras occupying the outskirts of the Punjab | | | | violations, including the shooting of unarmed |
| plain, while Chibhalis and Paharis are living between | | | | demonstrators, civilian massacres, and summary |
| Chenab and Jhelum rivers. Moreover, there are | | | | executions of detainees. On the other side, the |
| numerous small ethnic groups like Rhotas, Gaddis and | | | | militant groups stepped up their attacks, murdering |
| Sikhs which have significant concentration in isolated | | | | and threatening Hindu residents, carrying out |
| pockets of the State (Ganguly S, 1997) | | | | kidnappings and assassinations of government |
| Historical background | | | | officials, civil servants, and suspected informers, and |
| Sumantra Bose (2005) has given a historical analysis in | | | | engaging in sabotage and bombings. With the |
| his book ‘Kashmir’. India and Pakistan first | | | | encouragement and assistance of the government, |
| went to war in October 1947 after Pakistan | | | | some 100,000 Hindu Kashmiris, known as "Pandits," |
| supported a Muslim insurgency in Kashmir (Bose S, | | | | fled the valley (Fourth World Bulletin). The Kashmir |
| 2005). India agreed to a request for armed | | | | violence claims almost 30,000-40,000 casualties |
| assistance from Kashmir's Maharaja, in return for | | | | annually (Fourth World Bulletin). |
| accession of the state to India. But the nature of | | | | On May 2002, both India and Pakistan tests a series |
| that accession has long been the subject of debate. | | | | of nuclear capable ballistic missile and signals that |
| The war ended on Jan. 1, 1949, with the | | | | threatens the peace of the Asian subcontinent. |
| establishment of a ceasefire line sponsored by the | | | | Theories associated |
| United Nations. The then Indian Governor General | | | | The Kashmir conflict from a theoretical perspective is |
| Lord Mountbatten wrote that “the question of | | | | based on primordialism as a distinct ethnic and |
| the State's accession shall be settled by a reference | | | | religious community, the muslims fight for |
| to the people"(Bose S. 2005). The two resolutions | | | | self-determination with the aid of Al-Qaeda, Taliban |
| passed on August 13, 1948, and January 5, 1949 | | | | and Lashkar e Taiyaba. But this ‘protracted social |
| regard that the future status of Jammu and Kashmir | | | | conflict’ has been classified as instrumentalism. |
| shall be determined in accordance with the will of the | | | | According to Anthony Smith (2001), ethnic leaders |
| people and the question of the accession of the | | | | use their cultural groups as sites of mass-mobilization |
| State of Jammu and Kashmir to India or Pakistan will | | | | and as constituencies in their competition for power |
| be decided through the democratic method of a free | | | | and resources. According to Madhumita Srivastava |
| and impartial plebiscite (Schofield V).The UN Security | | | | (2001), the Kashmir conflict involves historical, political, |
| Council Resolution 122 of January 24, 1957, provides | | | | economic, cultural and security aspects. She regards |
| that, "the final disposition of the state of Jammu and | | | | that, the “Kashmir conflict is primarily and |
| Kashmir will be made in accordance with the will of | | | | fundamentally an ethnic conflict……and its |
| the people expressed through the democratic | | | | resolution may be found in upholding, rejuvenating |
| method of a free and impartial plebiscite conducted | | | | and establishing the Kashmiriyat in an acceptable |
| under the auspices of the United Nations" ( Bose S, | | | | framework in the larger freedom and political |
| 2005). The modalities of such a plebiscite have been | | | | order”. |
| spelled out in the Security Council Resolution 47 of | | | | Recent developments |
| April 21, 1948 (Bose S, 2005). India initially agreed to | | | | Those fighting for Kashmiri independence called the |
| hold the plebiscite. Indian then Prime Minister Pt | | | | elections a sham. The All-Party Hurriyat Conference |
| Jawaharlal Nehru pledged to the people of Kashmir an | | | | (APHC), an association of 30 pro-independence and |
| affirmation of the Kashmiri peoples right to | | | | pro-Pakistan parties comprising Mujaheedeen, Al |
| self-determination. India later reneged on its | | | | Qaeda and other oraganizations boycotted the |
| commitment. Since then, it has contemptuously | | | | elections to protest the lack of international oversight |
| disregarded the various UNCIP and Security Council | | | | of the polling, and the absence of a referendum on |
| resolutions calling for the plebiscite and today we find | | | | self-determination. The group launched an anti-election |
| that the disposition of Kashmir has not been legally | | | | campaign in which they urged Kashmiris to stay away |
| decided. The Constitution of India was adopted on | | | | from the polls. |
| January 26, 1950 and there was no provision kept | | | | Role of United States and United Nations |
| for self-determination in the Constitution. Therefore, | | | | The United Nations Security Council first |
| the Government of India too had no right to talk | | | | acknowledged the Jammu and Kashmir issue in 1948 |
| about this plan. When the Constitution of India has | | | | and has continued to be an active participant in the |
| not given the right to Government of India to review | | | | resolution of the conflict. The United States |
| the questions of self-determination and accession, it | | | | increasingly focused its attention on this region of the |
| is unconstitutional and illegal for any international | | | | world after 1998 when nuclear testing by both |
| organization to talk anything in the context of India. | | | | nations suddenly transformed the threat that the |
| The entire dispute should have ended with the | | | | conflict posed into a very real, potentially catastrophic |
| ratification of the accession by the Constituent | | | | one. In 2002, nuclear-armed adversaries India and |
| Assembly on November 17, 1956 (Bose S, 2005). | | | | Pakistan mobilized for war over the long-disputed |
| Both Pakistan and the Security Council have lost any | | | | territory of Kashmir, sparking panic around the world. |
| right to talk anything about Kashmir or do anything | | | | The conflict became a grave threat to South Asia |
| about it. This Assembly adopted the Constitution of | | | | .The United States government is now pursuing a |
| the State. The clause three of this Constitution | | | | much more active policy in the region, serving as a |
| makes it clear "Jammu and Kashmir is and will remain | | | | mediator in the conflict. |
| inseparable part of India."(Bose S, 2005). On August | | | | Solution |
| 15, 1947 the Pakistan held Kashmir was also under | | | | According to me, there are various measures which |
| the control of the ruler of the State. Therefore, it is | | | | need to be taken to ensure free and impartial |
| evident that the entire Jammu and Kashmir State is | | | | plebiscite:i) Complete cease-fire: The two countries |
| an inseparable part of India. The Maharaja had | | | | should announce the complete cease-fire along the |
| acceded this undivided state to India. As such | | | | Line of Control (LOC) to ensure that there is no |
| occupation of even an inch of the territory of | | | | untoward incident. The government of Pakistan |
| Kashmir by Pakistan will be treated as aggression on | | | | should take militants into confidence. Mirwaiz Umer |
| India. This clause of the Constitution is further | | | | Farooq once said in aninterview that Hurriyat can |
| strengthened and shielded by clause 147. According | | | | convince militants on cease-fire and if Hurriyat can do |
| to this clause, clause four cannot be nullified. And the | | | | that then I believe Pakistan government should not |
| Security Council too loses its right to give guidance | | | | find it an impossible task.ii) Demilitarization: After the |
| and direction to India on matters connected with | | | | cease-fire is ensured, India should call back its troops |
| Kashmir (Bose S, 2005). | | | | from Indian Administered Kashmir (IAK) and, |
| In 1948, India under the guidance of Pt Nehru, the | | | | simultaneously, Pakistan, too, should follow the suit |
| then Prime –Minister of India unilaterally ordered | | | | by calling back its troops from Pakistan Administered |
| cease-fire. It could have regained its two-third area | | | | Kashmir (PAK).iii) Post Demilitarization: After the |
| of Kashmir. Later in 1965, the Pakistani offensive plan | | | | demilitarization, the UN security forces should occupy |
| i.e. a thrust against Indian line of communication at | | | | both sides of the divided Kashmir. The UN can ask |
| Akhnur between Indian Corps holding Ravi-Sutlej | | | | for reinforcement from any member country (of |
| Corridor at Jandiala Guru on Amritsar-Jullundhur road | | | | course, except from India and Pakistan) to maintain |
| was a good maneuver to gain access over a large | | | | law and order in the erstwhile Jammu & Kashmir |
| part of Kashmir ( Bose S, 2005). Such an aggressive | | | | and pave the way for an impartial and peaceful |
| step initiated by Pakistan would compel the Indians to | | | | plebiscite. The observers of the United Nation should |
| sue for peace at best or they would surrender at | | | | remain in Kashmir and should keep a close vigil on the |
| worst as confessed by the Indian Western | | | | scheme of things, and when the situation becomes |
| Command Capt. Harbaksh Singh (Bose S, 2005). But | | | | conducive, the observers should go for referendum. |
| the Pakistani army failed due to operational failure in | | | | Since, people of Kashmir do not want the solution of |
| Chamb-Jaurian and organizational failure in Khem | | | | Kashmir on ethnic or religious basis, therefore, the |
| Karan. Thus the second Indo-Pak war ends after | | | | Pandits who left Kashmir in one of the most |
| United Nation call for a ceasefire. The Soviet | | | | unfortunate incident in the history of Kashmir should |
| mediated Tashkent Declaration officially ends the war | | | | be called back as an integral part of Kashmir's culture |
| in January 1966. | | | | and identity, they too would decide the future of |
| In 1971, the Indians won great glory as they overran | | | | Kashmir along with their Muslim brethren. As |
| East Pakistan creating a new state of Bangladesh. | | | | mentioned in the United Nations Resolution 1514 (XV) |
| This reduced Pakistan’s defense problems and | | | | of December 14, 1960, on the "Declaration on the |
| increased their own problems by creating a new | | | | granting of independence to colonial countries and |
| state. The Pakistanis conceived a fine plan to capture | | | | peoples," that all peoples have the right to |
| Poonch and Barapind but the Indian brigade | | | | self-determination, by virtue of that right they freely |
| commander at both the places was too resolute | | | | determine their political status and freely pursue their |
| (Bose S, 2005). Pakistan had lost its face in both the | | | | economic, social and cultural development. |
| wars but on both the occasions India bartered away | | | | The referendum, as already stated, should be held in |
| its battle gains on the diplomatic level. When the Simla | | | | two phases: |
| talks were going on, after the 1971 war, there were | | | | First Phase: - In the first phase people of Kashmir |
| 93,000 Pakistani war prisoners with India and 5,000 | | | | would vote between independence or Union. The |
| sq. kms of Pakistani territory with India (Schofield V). | | | | referendum would be held under the aegis of the |
| But India allowed Pakistan to capture one-third area | | | | United Nations and onerepresentative each from India |
| of Kashmir and returned 93,000 war prisoners. | | | | and Pakistan would monitor the democratic exercise. |
| Through the Simla Agreement, Pakistan was also | | | | If the people of Kashmir vote for the Union, then |
| accepted as a party to the Kashmir issue. Prior to | | | | second phase of voting becomes inevitable. |
| this agreement, there was a cease-fire line between | | | | Second Phase: - In the second phase of voting, |
| Kashmir and the occupied Kashmir but under the | | | | people of Kashmir would choose between Union with |
| Simla Agreement this cease-fire line was converted | | | | India and Union with Pakistan. Their 'will' must only |
| to the Line of Actual Control. By this Agreement the | | | | decide with which country they want to associate |
| Kashmir problem came out of the arena of the | | | | their future. |
| United Nations and became a bilateral matter | | | | However, both the countries should respect the |
| between India and Pakistan. It was agreed upon in | | | | consequences of the electoral verdict without being |
| the Agreement that the two countries will maintain | | | | egoistical. If Kashmir decides to accede to Pakistan |
| peaceful co-existence on the basis of equality and | | | | then Jammu and Ladakh will, by default, go to India |
| mutual interest, respect, for mutual regional solidarity | | | | and in case the Kashmiris favour India, even in that |
| and sovereignty and desist from interfering in the | | | | case Jammu and Ladakh will remain a part of India |
| internal matters of each other. The two countries will | | | | because there is apparently no dispute over Jammu |
| remain committed to maintain cordial neighborly | | | | or Ladakh between India and Pakistan. Therefore, |
| relations by resolving bilateral disputes through | | | | there is no denying the fact that unlike the common |
| negotiations in order to establish durable peace. | | | | belief, Kashmir can survive as an independent entity. |
| Again the 1999 | | | | If the people of Kashmir decide to be Independent, |
| crisis in Kargil were the result of an audacious | | | | both India and Pakistan have to guarantee its |
| Pakistani plan to inflict a sharp but highly subtle | | | | Independence. For a start, Kashmir would not have |
| psychological defeat on the Indians by threatening | | | | its own currency but the currency of both India and |
| the Indian line of communication to Leh and Siachen | | | | Pakistan would be accepted as legal tender money. |
| by placing a small Pakistani force on the heights | | | | Kashmir, as an independent state, would have a free |
| overlooking the Dras-Kargil-Leh Road (Bose S, 2005). | | | | trade with both India and Pakistan and both the |
| The 1999, Indo – Pakistan conflict over Kargil and | | | | countries would invest in its economy. It is an |
| consequent intermittent skirmishes have resulted in | | | | admitted fact that only fruit and tourism industry, if |
| displacement of 60,000 to 100,000 people (Schofield | | | | properly managed, are enough to keep the economy |
| V). The largest towns in the area, Kargil and Dras | | | | of Kashmir afloat. |
| were completely deserted. The Line of Control | | | | This paper explains the intricate mix of regional, |
| separates India administered Kashmir from the | | | | ethnic, linguistic, religious, and caste communities that |
| Pakistan-administered counterpart from Dras in North | | | | populate Kashmir, and emphasizes that a viable |
| Kashmir to Rajouri in the Jammu division. As a result | | | | framework for peace must be adopted. The |
| it has remained a bone of contention between the | | | | establishment of representative political structures in |
| two regional nuclear powers. Continuous exchange of | | | | Indian Kashmir, and cross-border links between Indian |
| artillery and light weapons across the Line of Control | | | | and Pakistani Kashmir will improve the economy of |
| (LOC ) and on 87 infiltration routes have claimed 1,151 | | | | Kashmir. I believe that "Kashmir" is a vital reading for |
| deaths including those of security personnel ( | | | | anyone wishing to understand one of the world's |
| Schofield V). Thus Indo-Pak Military history is a | | | | most dangerous conflicts. |
| continuous story of strategic failures and a mix of | | | | References: |
| operational successes and failures. | | | | 1. Bartell Jeremy The War in Kashmir, the Pandits and |
| Different groups and right to self determination | | | | Ladakhis |
| It is a reality that the right of self-determination in | | | | Fourth World Bulletin, Vol. 6 |
| Kashmir is being given a religious base. Kashmir is a | | | | 2. Bose Sumantra (2005), Kashmir: Roots of Conflict, |
| multi-ethnic state. Kashmir comprises three main | | | | Paths to Peace, Harvard University |
| regions Jammu, Kashmir and Ladakh. Ethnically | | | | Press |
| geographically and with respect to religion, the three | | | | 3. Ganguly Sumit (1997): The Crisis in Kashmir, |
| regions are very diverse. Kashmir – is 90% | | | | Cambridge University Press |
| Muslim, Jammu- which is 60% Hindu and Ladakh | | | | 4. |